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2006/05/29
COUNCIL MEETING Monday, May 29, 2006 Order of Business and Agenda Package PRAYER: Alderman Jim Diodati COUNCIL MEETING Mav 29, 2006 ADOPTION OF MINUTES: Council Minutes of May 8, 2006 National Access Awareness Week Eagle Valley Golf Club Restaurant Meridian Credit Union Queensway Free Methodist Church DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS /DEPUTATIONS Members of the Mayor's Disability Advisory Committee will appear before Council and request that the week of May 29 June 4, 2006 be proclaimed as "National Access Awareness Week" in the City of Niagara Falls and also presentations will be made to the following organizations that have demonstrated barrier free accessibility. O Canada Eh Dinner Show will be receiving the Patrick Cummings award. Niagara Falls Heritage Portal Joe Longo, Chief Librarian and Kathy Powell, Museum Manager will inform Council of the new "Niagara Falls Heritage Portal Sundae in the Park Donna Dalgleish, Coordinator of Ontario Early Years Centre Niagara Falls, will inform Council of the upcoming Sundae in the Park Ice Cream Festival on June 11, 2006. Public Meeting Zoning By -law Amendment Application, AM- 10/2006 6753 O'Neil Street and Rear Portions of 6731, 6741, 6781 6791 O'Neil Street, Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) Proposed Townhouse and Single- Detached Dwelling Development Background Material: Recommendation Report: PD- 2006 -42 -AND- Correspondence from the Niagara Region, Planning and Development dept. Correspondence from Robert Di Risio Correspondence from Betty Aldridge including a petition Public Meeting Zoning By -law Amendment Application, AM- 11/2006 3901 Dorchester Road North Portion), Applicant: Church of Christ Agent: Sam lorfida lorfida Consulting Inc.), Existing Church Property Background Material: Recommendation Report: PD- 2006 -43 -AND- -2 PLANNING MATTERS Correspondence from the Region's Public Works Department Correspondence from the Region's Planning Development dept. MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lucille Coleman has sent correspondence in regards to the use of performing wild and exotic animals in circuses at the Niagara Falls Memorial Arena. RECOMMENDATION: For the Information of Council 3 Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. COMMUNICATIONS AND RELATED RESOLUTIONS 1. That the Council of the Corporation of the City of Niagara Falls, as the stakeholder of Niagara Falls Hydro, hereby approves, in principle, the Term Sheet and authorizes Niagara Falls Hydro to proceed with the negotiation of the Merger. 2. That in light of the extension in the implementation date of the WHTI that an alternative document to the passport that is secure (including biometrics), provides proof of identity and citizenship, is in a convenient format (wallet- sized), and is inexpensive and easily obtainable be developed to the satisfaction of both Canadian and American federal government. 3. That the Rotary Club of Niagara Falls Sunrise Ribfest is a community event deserving of City Council support. 4. That the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES Alderman Wayne Campbell, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 4 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. MW- 2006 -57 Murray Street Cul de Sac Tender 2006 172 -06 MW- 2006 -58 Tender2006- 155 -05 Dorchester Road Reconstruction from Hwy. 420 to Morrison Street MW- 2006 -59 Tender 2006 -09 2006 Crack Sealing Program MW- 2006 -61 Supply and Installation of Pay Display Machines Replacement Program Year 4 MW- 2006 -62 Mechanic Street/Keller Street Road and Services Reconstruction Detailed Design- Consultant Agreement R- 2006 -20 2006 Proposed Cemetery Fees R- 2006 -18 Renewal of Lease for the Seniors Boutique and Craft Outlet R- 2006 -19 Arena Complex Development Project Agreement Between the Selected Architects and the City R- 2006 -21 2006 Special Events Agreements FS- 2006 -05 Lease Agreement with the Niagara Falls Curling Club and Working Agreement with Echelon Response and Training Inc. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -86 A by -law to amend By -law No. 2002 -81, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 5 2006 -87 A by -law to establish Block 70 on Plan 59M -307 as a public highway, to be known as and to form part of Beaverton Boulevard. 2006 -88 A by -law to establish Box 71 on Plan 59M -307 as a public highway, to be known as and to form part of Brookside Drive. 2006 -89 A by -law to authorize the execution of an Agreement with Garden Circus Corp. respecting the use of the Niagara Falls Memorial Arena for a circus event. 2006 -90 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2006. 2006 -91 A by -law to amend By -law No. 79 -200, being a by -law to permit two properties to be used as cottage rental dwellings. 2006 -92 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home. 2006 -93 A by -law to amend By -law No. 79 -200, to permit the construction of a 7- storey hotel. 2006 -94 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of May, 2006. NEW BUSINESS PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson's Man In Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater barrier free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, accomplishments by the disabled community and goals for the future; and WHEREAS the City's Disability Advisory Committee would like the week of May 29 June 4t 2006 proclaimed in the City of Niagara Falls; and NOW THEREFORE I, Ted Salci, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the week of May 29 June 4, 2006 as "National Access Awareness Week" in the City of Niagara Falls Mayor R. T. (Ted) Salci Members of Council May 29t 2006 April 24, 2006 Mayor Ted Salci and Members of City Council City of Niagara Falls Ladies and Gentlemen: The City of Niagara Falls Board of Museums and the Niagara Falls Public Library Board wish to address City Council to introduce the new "Niagara Falls Heritage Portal" www niagarafallsheritage.ca The Niagara Falls Heritage Master Plan (September 2005), under "Tourism Development" Action Plan 3.3 p.178, stated "Create a heritage portal on the Library's website to which all heritage- related enquiries can be directed and through which links are created to local heritage groups, events and resources. Consider using this as a pilot project for cultural tourism development funded by the City." Museum and Library staff partnered to produce this informative heritage portal. It was first promoted during Heritage Week in February. Heritage organizations and anyone interested in our local history were invited to look at the Portal and send us any comments as we continued working on it. We believe this is an excellent vehicle to promote our local heritage events, organizations, attractions and databases. All heritage organizations are included whether they have their own website or not. We hope that you, Niagara Falls Tourism, Tourism Niagara, the Niagara Parks Commission, the Ontario Ministry of Culture, the Ontario Ministry of Tourism and others will promote the events and resources listed on this website and to add a link to it. Museum and Library staff wish to take a few moments at an upcoming meeting to highlight briefly some of the features of the Niagara Falls Heritage Portal. Sincerely, ;naUC i d Gord West, Chair Carman Dix, Chair City of Niagara Falls Board of Museums Niagara Falls Public ibrary Board c. Niagara Falls Tourism Tourism Niagara Ontario Ministry of Tourism Niagara Parks Commission Ontario Ministry of Culture Niagara Falls Heritage Portal Oru�ni�at iu Attractions Highlights Historical plaques Plaque inscription reads "An important community icon, this chapel bears witness to the early (more...) Historical plaques Plaque inscription reads "At daybreak on July 5, 1813, a British and Canadian force, consisti (more...) More Attractions Highlights... Organizations Agencies Village of Chippewa Citizen's Committee City of Niagara Falls. City Historian. More Organizations Agencies... Frequently Asked Questions How much water goes over the Falls and how fast does it go? Horseshoe Falls can vary anywhere between 42,000 up to 90,000 cubic feet per second How old are the Falls? Around 12,500 years More Frequently Asked Questions... Search More search options... Contact Us Contact the Heritage Portal Partners Submit information to the Heritage Portal 100th Anniversary Parade for The Battle of Lundy's Lane (July 25, 1914) General Photograph Collection (Images database) Niagara Falls Public Library Events Stamford Collegiate 150th Reunion May 10 13, 2007 Lundy's Lane Historical Society Monthly Meeting September 7, 2006, 7:30 p.m. More Events... Databases Resources General history of the Niagara Region War of 1812 More Databases Resources... War of 1812 Web sites Resources... Contact 1 Submit Information 1 Site requirements 1 Terms of Use Copyright O 2005-2006, Niagara Falls Heritage Portal Partners http. /www.niagarafallaheritage, ca/heritage/ 1 oft a al al al e Organizations Agencies L J 1. Binational Tourism Alliance 2. Brock University 3. City of Niagara Falls. Arts Culture Committee. 4. City of Niagara Falls Board of Museums 5. City of Niagara Falls. Cemetery Services 6. City of Niagara Falls. City Historian. 7. City of Niagara Falls. Heritage Walking Tour 8. City of Niagara Falls. Municipal Heritage Committee. 9. City of Niagara Falls. Park in the City Committee. 10. City of Niagara Falls. Parks, Recreation and Culture 11. City of Niagara Falls. Planning and Development Division 12. Doors Open Niagara 13. Folk Arts Council of St. Catharines 14. Friends of the Loyalist Collection at Brock University 15. Friends of the Lundy's Lane Battlefield 16. Friends of Stamford Village 17. Info Niagara 18. Lundy's Lane Historical Museum 19. Lundy's Lane Historical Society 20. Multicultural Network of Niagara Falls 21. Niagara Antique Power Association 22. Niagara Black History Association 23. Niagara Escarpment Commission 24. Niagara Falls Art Gallery 25. Niagara Falls Downtown Living History Project 26. Niagara Falls (New York) State Park 27. Niagara Falls Public Library 28. Niagara Falls Public Library (New York). Local History Depart s 29, Niagara Falls Railroad Museum 30. Niagara Historical Society and Museum 31. Niagara Military Museum 32. Niagara Scouting Museum 33. Norval Johnson Heritage Library 34. Old St John's Stamford Heritage Association 35. Ontario Genealogical Society. Niagara Peninsula Branch 36. Riverbrink 37. Royal Canadian Legion. A C McCallum Branch 479 38. Royal Canadian Naval Association. Niagara Region 39. United Empire Loyalists Association of Canada 40. United Empire Loyalists Association of Canada [VELA] 41. Village of Chippawa Citizen's Committee 42. Willoughby Historical Museum 43. Willoughby Historical Society 3/10/2006 1:0 Attractions a Highlights 1. Battle Ground Hotel Museum 2. Brock's Monument at Queenston Heights 3. Chippawa Battlefield Park 4. Daredevil Gallery 5. Drummond Hill Cemetery 6. Fairview Cemetery 7. Historical plaques 8. Laura Secord Homestead 9. Lincoln Welland Regiment Museum 10. Little Hat Museum 11. Lundy's Lane Cemetery 12. Lundy's Lane Historical Museum 13. Mackenzie Heritage Printery Newspaper Museum 14. McFarland House 15. Niagara Children's Art Gallery 16. Niagara Children's Museum 17. Niagara Falls Art Gallery 18. Niagara Heritage Trail 19. Oak Hall 20. Old Fort Erie 21. Old Fort Niagara 22. Queenston Chapel 23. Riverbrink 24. Sir Adam Beck Generating Station 25. Stamford Green Heritage Columbarium 26. Stamford Presbyterian Cemetery Databases Resources 1. American Military History Anny H es 2. Art B Literature of the Niagara Area 3. Brock University Virtual Exhibits. 4. CBC Archives Disaster aver Niagara Falls the collapse of t Honeymoon Bridge 5. CBC Archives From Honeymoon City to Hydro City 6. Cemetery Index 7. Digital Collection of Niagara Falb Guldeboolcs from the 19th Century 8. Ecology Natural History Sites 9. General Brock.com 10. General h history of the Niagara Region 11. Haunted Ontario 12. Heritage Sites 13. Historic Chapel at Mount Carmel Spatial Centre 14. Historic Niagara Digital Collections 15. History of Niagara Falls Miracle at Niagara 16. History of Niagara Falls Navy Island 17. History robs-its of Niagara County, New York and Its People) 18. Images of a century 19. Key events and causes of the War of 1812 20. Laura Secord (Historica Minute) 21. Local History Collection 22. Napoleonic Miniature Wargames Sotlety of Toronto 23. Niagara Falls Armoury 24. Niagara Falls heritage master plan 25. Niagara Falb Heritage Properties 26. Niagara Fa story 27. Niagara Falls History Geological History 28. Niagara Falls History Honeymoon Brldge 29. Niagara Falls History Honeymoon Gty 30. Niagara Falls History Human History 31. Niagara Falb Poetry Project 32. Niagara Falb Pqstcards 33. Niagara Falls Thunder Alley 34. Niagara Rails 35. Niagara Wine Route 36. Niagara's Freedom Trail (Underground Railroad) 37. Niagara's Transportation Centre 38. Ontario Heritage Properties 39. Outdoor Art in Niagara 40. Paul Hutchinson's Niagara Newspaper index 41. Pioneer cemeteries of the City of Niagara Falb 42. Places of Worship 43. Power plants and generating stations of Niagara Falls 44. Railways In the Niagara Region 45, The Saga of Brock's Monument 46. Sports 47. Transit History of Niagara Falb 48. Underground Railroad 49. Virtual Sports Wall of Fame 50. War of 1812 51. War of 1812 Articles, Book reviews, replicas, reenactment 1nfo 52. War es 11112 (a-book) 53. War of 1812 -14 Heritage Portal Browsing Subjects 'War of 1812' 1. Title American Military History Army Historical Series Resource Type Interactive Resource Alternate Title Chapter 6: The War of 1812 Link Ali http: /.www. army .mil /cmh -pg /books /amh /AMH- 06.htm 2. Event Battle of Chippawa Commemorative Ceremony Date a Time July, 2006. Location Chippawa 3, Title General Brock.com Resource Type Dataset Alternate Title General Brock dot com Link http: /www.generalbrock.com/ 4. Title Key events and causes of the War of 1812 Resource Type Dataset Link http: /home.earthlink .net gfeldmeth /chart.1812.html 5. Title Napoleonic Miniature Wargames Sodety of Toronto Resource Type Dataset Alternate Title War of 1812: Niagara Campaign Link i♦ http:// www.napoleonicminiatureswargame .com/ 6. Title War of 1812 Resource type Dataset Agency /org. Business Education Council of Niagara Departmenvunit YourNiagara.ca Link Your Niagara portal link 7. Title War of 1812 Resource Type Interactive Resource Alternate Title Galafilm's War of 1812 Website Link http: /www.galafilm.com /1812/ 8. Title War of 1812 Articles, Book reviews, replicas, reenactment info Resource Type Interactive Resource Link i http:// www.militaryheritage.com /1812.htm g, Title War of 1812 (e -book) Resource Type Text Description Available through the Gale Virtual Reference Library. You will need your Niagara Falls Public Library card to login. Link t http: /www.nfpl.library.on.ca/ ref default .asp?next= galevrl#galevrl 10. Title War of 1812 -14 Resource Ty interactive Resource Description A variety of articles on the war including information on battles, weapons, soldiers, and women's roles. Also includes links to historic sites Link 1111 http:// www .members.tripod.com warl812/ Browse Niagara Falls Heritage Portal F et.iuciti lV A Thematic History of Niagara Falls from the Niagara Falls Heritage Master Plan by Mary MacDonald, Eva MacDonald, and David Robertson of Archaeological Services Inc. http: /www.niagarafallsheritage. ca/heritage/browse. asp ?search= brow... Events 1. 10th Annual Gas -Upl 2. 2 Nation Celebration 3. 32nd Annual House Tour. 4. Antique Car and Motorcycle Display 5. Battle of Chippawa Commemorative Ceremony 6. Battle of Lundy's Lane Commemorative Service 7. Curator's Lecture Series How To Research Your Family Tree 8. Curator's Lecture Series The Restoration of the Battle Ground Hotel Museum 9. Doors Open Niagara 2006 10. Historic Places Initiative: a Values -Based Approach 11. International Museums Day 12. Lundy's Lane Historical Society Annual Christmas Dinner 13. Lundy's Lane Historical Society Monthly Meeting 14. Niagara Folk Arts Festival 15. Oakes Park 75th anniversary celebration 16. Openhouse and Exhibit Preview 17. Popular Culture and the Local: An interdisciplinary conference, exploring questions of popular culture and local identity 18. Stamford Collegiate 150th Reunion Download Thematic History PDF Document, 485KB Download Appendix: References 1 PDF Document, 30KB L 4/21 /2006 3:20 PM LrtU W JC iv lagal a rails nel ilage rol lal Organizations 1[ lei Frequently Asked Questions Frei Asked tlttp://www .magaratansnentage.ca/hentage/ browse. asp'ls earth =brow. SS 1. Can you tell me about the legend of the White Canoe? 2. Does the water going over Niagara Falls just stop? 3. Have the Falls ever been turned off? 4. How did Luna Island get its name? 5. How did Niagara Falls come to be known as the "Honeymoon Capital" of the world? 6. How did Niagara Falls get its name? 7. How high are the Falls? 8. How long did the War of 1812 last 9. How many barrel riders have attempted to go through the Whirlpool Rapids? 10. How many people have walked across the Niagara Gorge? 11. How many stunters have gone over the Canadian Horseshoe Falls? 12. How much water goes over the Falls and how fast does it go? 13. How much water is diverted from the Falls and the Niagara River to make hydro electricity? 14. How old are the Falls? 15. How old is Queen Victoria Park? 16. Is it true that the Niagara River flows in a different direction to most other rivers? 17. Is Niagara Falls one of the seven wonders of the world? 18. What are the names of the two men who were stranded on the old scow? 19. What is the oldest known photograph of Niagara Falls? 20. What is the oldest tourist attraction in Niagara Falls? 21. What is the story behind that "old boat" stranded in the Upper Rapids of the Niagara River? 22. What is the Whirlpool? 23. What kind of plane was Lincoln Beachey piloting when he flew under the Upper Steel Arch Bridge at Niagara Falls? 24. What was the name of the turtle that went over Niagara Falls in a barrel along with George Stathakis? 25. What was the "Pink Palace" and is it true it was haunted? Website link Lontact us Submit information to be included in the Portal Send an email question or comment Contact The City of Niagara Falls Board of Museums o Web: http /www.niagarafallsmuseum.ca o Telephone: 905 358 -5082 o Fax: 905 358 -0920 o In person or by mail: 5810 Ferry Street, Niagara Falls, Ontario, Canada L2G 159. Click here for directions and hours of service. Contact the Niagara Falls Public Library o Web: http: /www.nfpl.library.on.ca o Telephone: 905- 356 -8080 o Fax: 905 356 -7004 o In person or by mail: 4848 Victoria Avenue, Niagara Falls, Ontario, Canada L2E 4C5. Click here for directions and hours of service. Submit Your Information Do you belong to a heritage agency or organization, or know of resources, events and /or attractions not listed here? If so, we welcome your submission. Your information will be reviewed by staff and may be added to the Portal in a future update. We cannot guarantee that any or all information submitted will be included. Fields marked with are required. Type* Contact Name* Email Address* Telephone No. Mailing Address City Postal Code Information* Select L For Events, please include the starting date time, and ending date time. Please be detailed in your submission. Sundae in the Park ice cream festival Teresa Fabbro Re: Sundae in the Park ice cream festival From: Dean Iorfida To: Donna Dalgleish Date: 5/2/2006 9:54 AM Subject: Re: Sundae in the Park ice cream festival CC: Teresa Fabbro Hi Donna: I'll mark you down for May 29th. I suppose you can e-mail me the flyer and I will send it to our IT guys for posting on the website. Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905 -356 -9083 (Fax) "Dalgleish, Donna" <donna.dalgleish @ncdsb.com> 5/2/2006 9:49 AM Hi Dean, Would it be possible to come and do a deputation at City Council regarding "Sundae in the Park "...would it be possible to come on May 29 or June 5 depending on when council is meeting? As well, who do I contact to get our flyer posted on the city website? Donna «Sundae i -t park flyer final.pdf» Donna Dalgleish Coordinator Ontario Early Years Centre Niagara Falls 2999 Dorchester Road Niagara Falls, ON L2J 2Z9 Phone: 905 357 2398 Fax: 905 357 1288 Visit us at: http:// www.ontarioearlyyears.ca /oeycen /Location/ Niagara /NiagaraFalls /centres.htm "This message is intended only for the use of the Individual or entity to which it is addressed, and may Page 1 of 2 file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \GW 00002.H... 5/19/2006 SUNDAY JUNE 11, 2006 OAKES PARK MORRISON ST. ENTRANCE NIAGARA FALLS, ON 12:00noon 3:OOpm ONGOING ACTIVITIES MAKE YOUR OWN ICE CREAM SUNDAES FOOD CONCESSIONS HISTORICAL WALK (led by Sherman Zavitz) PLAY AREA WITH GREAT TOYS GAMES CLOWN INFLATABLES ENTERTAINMENT SMUDGE FUNDAES (interactive children's show) McMASTER HIGHLAND DANCERS MUSICAL ENTERTAINMENT "As If" BAND in Par Ice Cream Festival SPECIAL THANKS TO ALL OUR SPONSORS AND VOLUNTEERS WCOGECO The Clly of Niagara Falls FIRST NIAGARA" canal INSURANCEINc. St. Andrew's United Church edeAatiat /50 ward. oj etisemcarltq Sista max °Qroc will 4e us p for St.4ndrPw's Up ted Ahprch Outr ach "mg ms p 4 yk a Ws et UU p lid I r a r y rs l f G` a►o 1 }rJlrti; f1r aifyi;Ik J The City of Niagara Fall Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2006 -42, Zoning By -law Amendment Application AM- 10/2006 6753 O'Neil Street Rear Portions of 6731, 6741, 6781 6791 O'Neil Street Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) Proposed Townhouse and Single- Detached Dwelling Development RECOMMENDATION: It is recommended that Council defer consideration of the Zoning By -law amendment application to allow a further neighbourhood meeting to discuss the proposed development. BACKGROUND: Proposal The amendment is requested for a proposed 1.281 acre (0.518 hectare) parcel of land on the north side of O'Neil Street, between Dorchester Road and Marion Avenue, as shown on Schedule 1. This site is comprised of the property known as 6753 O'Neil Street and land at the rear of 6731, 6741, 6781 and 6791 O'Neil Street. The applicant proposes abungalow development of 8 townhouses and two single- detached dwellings all with access to O'Neil Street (see Schedule 2). The property would be created through related severance applications (Files B18 /2006/NF to B21 /2006/NF Inclusive). The sketch submitted for the severance lot additions is attached as Schedule 3. Approval of a vacant land condominium plan would also be required in the future. The property is currently zoned Residential Single Family 1C Density (R1C). The applicant has requested a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the proposed development. Neighbourhood Involvement 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 May 29, 2006 PD- 2006 -42 Doug Darbyson Director The applicant held an information meeting at City Hall on January 25, 2006 that was attended by 15 area residents as well as staff from Planning and Municipal Works. Staff recommended that the applicant conduct this meeting to receive public input on their preliminary proposal and also explore Working Together to Serve Our Community Clerics Finance Human Resources Information Systems Legal Planning Development May 29, 2006 any interest in the potential development of a portion of the deep properties abutting to the north (6732 to 6788 Russell Street). The proposal was described by the applicant to contain 10 bungalow condominium townhomes with attached garages that would sell in the $250,000.00 range. The project would be marketed to retirees and young professionals. Planning staff explained the development review process and noted that City, Regional and Provincial policies promote compatible infill developments on underutilized land such as the very deep lots in this area. The majority of the abutting five Russell Street property owners (all were present at the meeting) were not interested in an expansion of the development to include some of their land. Issues and concerns raised by the residents during the meeting were the potential impacts of the development with respect to noise, privacy, trees, lighting and traffic. The related severance applications for the land assembly were deferred at the May 9, 2006 Committee of Adjustment meeting as recommended by staff until after consideration of the zoning amendment application. Approximately 20 interested residents (including several homeowners whose rear land is included in the application) attended the Committee meeting. There were two letters and a petition of objection submitted to the Committee. Circulation Comments Information on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Building By -law Services No objection. 2 PD 2006 42 Fire Services No objection. Fire safety matters will be addressed during the future condominium review. Municipal Works Full urban services are available to the site and can accommodate the development. Approval of grading/drainage plans will be required. O'Neil Street is a collector roadway of adequate width. Anticipated traffic from the development is low and a traffic impact study is not required. The individual driveways proposed to O'Neil Street for Units 1 2 need to be relocated to provide internal roadway access from the north. The width of the private entrance roadway must be increased to 7.2 metres (23.6 feet). Parks, Recreation Culture No objection. Landscaping and cash -in -lieu of parkland dedication will be addressed through the future condominium approval process. Regional Planning The use conforms with the Region's planning policies. The Provincial Policy Statement encourages intensification and redevelopment in established residential areas subject to appropriate infrastructure and social facilities. May 29, 2006 Betty Aldridge (3364 Sheppard Crescent) Petition Residents oppose the rezoning application citing concerns with: vehicle noise and exhaust; traffic congestion; lighting from the development; decreased water pressure; sanitary and storm sewer capacity; loss of park -like setting and wildlife; and change to the character of the area. Robert DiRisio Supports proposal and believes that revitalization (6753/6755 O'Neil Street) of his father's property is in the best interest of the community. Planning Review Various matters were considered in assessing the application. The review of the amendment is summarized as follows: 1. Provincial and Municipal Planning Policies 3 PD-2006-42 Opposed to the rezoning due to impacts on stability /character of the mature neighbourhood, the use and enjoyment of individual properties and value of properties. Concerns with site grading, building elevation, sewage capacity, existing flooding problems, snow disposal, tree protection, vehicles (exhaust, noise and lights), garbage collection, visitor parking, fencing, dwelling noise and lights and driveway lighting. Notes issues with traffic generation onto the existing dangerous road system. States that Provincial intensification policies are guidelines that are not binding on municipal government. 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 and cost effective development standards are promoted to minimize land consumption and servicing costs. The City's planning policies and decisions need to be consistent with the Provincial Policy Statement. In addition, the Province's Proposed Growth Plan (anticipated to be approved shortly) will require the City and Region to establish specific intensification targets. The City's Official Plan designates the property Residential. The policies of the Plan support a variety of housing forms, lot sizes and densities. A compatible mix of dwelling types is promoted to provide a full range of housing options throughout the municipality for different age groups, household sizes and incomes. The Official Plan encourages multiple unit developments, smaller lot sizes, innovative housing forms and a more intensive use of vacant residential land and underutilized parcels Infill developments add to the City's residential land supply and are an efficient use of existing services to minimize municipal costs. May 29, 2006 4 PD- 2006 -42 The Official Plan permits a maximum density of 10.1 units /acre (25 units/hectare) for single and semi detached development, triplexes and other compatible housing forms. The deep single- detached lots on O'Neil Street and to the north on Russell Street are developed at an extremely low residential density of approximately 2.8 units /acre (7.0 units/hectare). The more typical lot development in the area is still low at a density of approximately 5.1 units /acre (12.6 units/hectare). The density of the proposal is approximately 7.8 units /acre (19.3 units/hectare) which is also low for multiple unit housing the Plan allows densities for townhouses up to 20.2 units /acre (50 units/hectare) Many recent bungalow townhouses in the City have been developed at a density of 10 units /acre (25 units/hectare). There is a gradation of development density between the proposal and surrounding singles. The subject land is underutilized property that has direct access to a collector roadway that is designed to accommodate moderate/high traffic volumes. The intersection of Dorchester Road (arterial road) and O'Neil Street to the west is signalized. The location of multiple residential housing on this type of roadway meets the general criteria of the Official Plan. The road capacity is not an issue. The rear portions of the properties to the north also have future development potential and the City is required to consider this abutting land in the review of this application. The Russell Street property owners have specifically expressed no interest in developing their rear land at this time. The current application would preclude future development options on this land unless an existing dwelling on Russell Street was demolished. 2. Development Alternatives and Zoning By -law Standards The proposed development of any site needs to balance policy requirements and minimum zoning standards with a design that is sensitive to potential impacts on the surrounding area. The subject land is bordered by properties containing single- detached dwellings. The houses on the abutting lots to the east, west and south are located a minimum of 15.24 metres (50 feet) from the property line and there is a minimum 57.9 metre (190 foot) rear yard provided for the dwellings to the north. Through the years, area residents have also enjoyed the open space provided in the deep rear yards of the neighbouring properties (the subject land). Given this setting, improvements to the submitted design may be possible to achieve a more compatible development. Although single detached housing is the predominant residential land use in the City, there has been an increasing demand for townhouses due to an aging population (smaller units) and ease of property maintenance. The current proposed bungalow height of the townhouses and single detached units is the same as the majority of homes in the area. The setback of units from O'Neil Street should be increased to at least that of the abutting dwellings (likely more with the required individual driveway changes). The side yards of the end townhouse units (northeast and northwest property boundaries) are the same minimum as required for 1- storey single- detached homes, however, these could be increased to allow buffer landscape planting and greater building separation. The minimum residential standard of a 7.5 metre (24.6 foot) amenity area is provided at the rear of each unit. The parking provided for each of the units (double car garage and two driveway spaces) exceeds City standards. Alternatively, the orientation of the dwellings could be switched to provide rear yards at the east and west limits of the north portion of the site. This would ensure greater building setbacks to the properties on Sheppard Crescent and Marion Avenue. This arrangement could potentially permit a development of single- detached dwellings probably fewer units May 29, 2006 5 PD- 2006 -42 3. Severance Applications and Future Vacant Land Condominium CONCLUSION: A residential infill development on the subject land has merit based on City, Regional and Provincial planning policies. Any design must be sensitive to the abutting single detached neighbourhood. Given the issues raised by area residents (letter and petition), staff recommend that the zoning by -law amendment application be deferred to allow a meeting with interested residents and the applicant to discuss potential improvements and design options. The applicant has agreed to the deferral. The related (deferred) severance applications scheduled to be heard on May 30, 2006 should be deferred again and the residents advised prior to the meeting date. Prepsaarr(eedy by Approved by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development RW:gd Attach. but larger homes. Such a configuration warrants further discussion and provides an opportunity to allow a potential expansion of the development onto the deep rear yards to the north in the future. The City encourages the protection of healthy, mature trees on private property recognizing their environmental and aesthetic benefit. Existing trees in the middle of the site would be removed with any development of the land. Subject to an expert review of the tree species and their health, some perimeter trees could be preserved many trees also exist on the lots to the west and north. The deferred severance applications are scheduled to be considered by the Committee of Adjustment on May 30, 2006. Approval and satisfaction of any conditions (such as the zoning change) is required to create the separate property for the proposed development. The vacant land condominium application would create the individual parcels of land upon which to construct the dwelling units in the future. The detailed design issues such as buffer landscaping, privacy fencing, lighting and tree preservation would be addressed at this stage and included as conditions of draft plan approval for the condominium. Any interested residents may be involved in this process. S: PDR\2006\PD2006.42, AM -10 -06, Wedgewood Builders, O'Neil.wpd Tony Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Subject Land k: \GIS_ Requests \30o6\ScheduleszoningAFMM -I0 mapping.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Location: 6753 ONeil Street and Rear Portions of 6731, 6741, 6781 6791 O 'Neil Street Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) 1:NTS AM- 10/2006 April 2006 SCHEDULE 2 -0 00 or 11 1 ci if a SCHEDULE 3 a i i 8 U h W 30 m g r 1 5 N 9 1 0 J T h t 1 .00'Sf I ,001£1 0 -4 .f0'9CZ TAO 1 0 7 F.Z9 6S g 1 0 7 6Cfri 99'ZYt t .Y9'Zri y.f0 1 t t1 .6c r8 ad ti p 00 -4 n 101 min surd Q N C) es 101 snd surd ti 8 J R O N J ti 0 10 J 7 Y11 N3015 00'S 1 O- 6 N V 7 d 7Y /1 N30 /S3b. 6 Z 1 1 0 7 8 S 1 1 0 7 a 0 0 a d 1 Niagara f Region PLANNING AND DEVELOPMENT May 4, 2006 File: D.10.M.11 23 Mr. Richard Wilson, Planner 11 City of Niagara Falls 4310 Queen St., 2n Floor Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Re: Zoning By-law Amendment Application Proposed Townhouse Development O'Neil Street, east of Dorchester Road City of Niagara Falls Your Flle: AM•1012006 This application proposes the rezoning of 1.281 acres (0.518 hectares) of land to facllttate its development for eight townhouse units and two single detached dwellings. The two single detached dwellings will front directly onto O'Neil Street while the eight townhouse units will gab access to O'Neil Street via a private laneway. These lands are located within the Regional Urban Areas Boundaries and are designated "Residential" by the Niagara Fah Official Plan. As a use, the proposed development would conform with the basic policies of the Regional and the City's Plan. In addition, the Provincial Policy Statement encourages intensi0cation and redevelopment In established residential areas where the proposed development will not place unreasonable burden on the infrastructure and social facilities of the neighbourhood. From a Regional and Provincial policy perspective, Regional Planning staff are not opposed to the adoption of thls zoning amendment. It is assumed that the site plan approval process will address the Issue of appropriate landscaping and fencing to buffer the development from the surrounding residential neighbourhood. The Regional Public Works Department, in separate comments, wilt evaluate the suitability of the internal roadway design for Regional curbside waste collection. Yours truly, 1 441141---- frt 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 tw2BLA -Oiled lawnhauses-NF Building Community. Building Lives. No. 5E P. 2 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905. 984830 Fax: 905 841 -5208 E-mail: planeregbnal.nlagara.on.ca jp Planning 8unnad FN: RECEIVED 1 MAY 0 4 20461 PLANNING DEVELOPMENT May 9, 2006 Planning Department City of Niagara Falls Planning Department, I am writing this letter in support of the proposal to rezone the area around 6753 and 6755 O'Neil Street to permit the building of eight (8) new townhouses and two new (2) detached homes. As the executor for the estate of Michele DiRisio, the owner of 6753 and 6755 O'Neil Street, I had planned on attending any public meetings scheduled to discuss the rezoning, however, I will be in Great Britain visiting my daughter on the day the public meeting is scheduled, May 29, 2006. It is my belief, and the belief of my sister Annette Braine, co- beneficiary of my father's estate, that the revitalization of my father's property is in the best interest of the community and the City of Niagara Falls. If I can be of any further assistance please don't hesitate to call me at 905- 227 -7631. Robert Di Risio RECEIVED MAY 17 2006 PLANNING DEVELOPMENT Mr. Doug Darbyson Director of Planning and Development Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON, L2E 6X5 -l 3364 Sheppard Crescent Niagara Falls, ON, L2J 2Y1 May 15, 2006 RE: Zoning By -law Amendment Application, City File AM- 10/2006 RECEIVED MAY 15 2006 PLANNING DEVELOPMENT I am writing this letter to express my personal views as well as those of the concemed citizens of Niagara Falls (see attached petition) who strongly oppose the proposed Zoning By- law Amendment Application, City File AM- 10/2006 concerning the properties designated as 6753 O'Neil Street as well as the back half of the residential properties (erroneously designated as "vacant lands" in the Public Meeting Notice dated April 28, 2006) at 6731, 6741, 6781 and 6791 O'Neil Street. It is our assertion that the proposed application significantly and irrevocably impacts the stability and character of our neighbourhood, as well as the use and enjoyment of our individual residential properties and calls into question issues of the environment of the neighbourhood as well as related planning concerns. Most disturbing is the fact that the residents of this neighbourhood ten of whom back -up directly on the proposed development and another sixteen of whom are in close proximity to the proposed development now find the enjoyment and value of their properties in peril to accommodate the development venture of five property owners on O'Neil Street two of whom are absentee landlords who have no long -term interest in the quality and character of the neighbourhood. Some of the residents of this neighbourhood have resided here for ova fifty years and others have purchased their properties based on the specific character of the neighbourhood. All have chosen this area of Niagara Falls to live in confident in the stability of this neighbourhood and the strength of the municipal government of the City of Niagara Falls to uphold the City's Official Nan. It would seem a serious breach of this democratic contract between the citizens of Niagara Falls and their municipal government representatives to allow such a proposed development to go forward against the wishes of the overwhelming majority of residents in this neighbourhood. At the January information meeting convened by the contractor of the proposed project and attended by a representative of the City of Niagara Falls Planning Department and the City of Niagara Falls Public Works Department several points of clarification and issues were discussed: A) an outline of the proposed project B) the desire of the City of Niagara Falls -111- Planning Department to use the proposed development as an opportunity to intensify the land use in this neighbourhood; and C) the severance and zoning amendment process. I will address points A and 13 further below. I would, however, like to clarify that it was my understanding (as well as that of others in attendance at the meeting) that the severance and rezoning process was as follows (information provided by the representative of the City of Niagara Falls Planning Department in attendance at the January meeting): 1) application for severance through the City of Niagara Falls Committee of Adjustment; 2) review and recommendations on the zoning change at the City of Niagara Falls Planning Committee (which the residents of the neighbourhood assumed would include public consultation); 3) final approval (should the application for severance and zoning change be approved) at the Niagara Falls City Council Meeting (again with public submissions /presentations); and 4) should the severance and zoning change be approved, an appeal by the opposing residents in the neighbourhood to the Ontario Municipal Board (OMB) under the terms of the Ontario Planning Act. Let me outline some of our concerns regarding points A and 13 above in greater detaiL The Destabilisation of a Mature and Healthy Neighbourhood The proposed change in zoning represents a significant alteration to the character of the neighbourhood which is zoned Residential Single Family IC Density (RIC) currently and places a stable, healthy, and mature neighbourhood in jeopardy. The attached petition form speaks to the genuine concern and overwhelming rejection of such a zoning change by the majority of residents in this neighbourhood Environmental Concerns To our knowledge, there has not been an engineering study conducted to address issues of the site grade and building elevation to accommodate the proper flow of sewage from the development in question to the city sewers some 250-500 feet away. This is a serious concern to the residents of the surrounding properties in terms of the height of the buildings which could negatively impact the enjoyment of their properties as well as contribute to issues of water nm off and property value. The residents of the suimvunding properties are seriously concerned about the environmental impact of the development given the sensitive nature of the mature urban forest that extends ova several properties abutting the proposed development. This land is highly susceptible to flooding in the spring. Changes in the grade of the land, the environmental footprint of the buildings, roads, driveways and patios of the proposed development, and the lack of sufficient land area to dispose of snow in winter are a significant and serious concern. Experience has shown that weeping tiles and storm sewers alone (which already exist on the adjacent properties) cannot contain and deal with the level of flooding in this neighbourhood adequately. No such facilities appear on the site plan designated as Schedule 2 in the Public Meeting Notice dated April 28, 2006. The runoff will inevitably be onto the adjacent properties surrounding the development placing them under greater potential for land, vegetation, structural and general property damage. Further to the point above, other environmental concerns of the neighbourhood include: 1) vehicular exhaust emissions, noise and light pollution (the impact of 13 1/2 additional vehicles based on the figure of 1 1/2 vehicles per household as stated by the contractor at the January information session); 2) noise and light pollution emanating from an additional nine residential units; and 3) the destruction of mature trees on the properties in question. We feel that Council needs to consider undertaking afull environmental study of the area and a detailed engineering study of the proposed development in order to make an informed decision on the impact of this development on the neighbourhood Traffic Concerns The proposed development places an increased strain on the local roads where there are already serious concerns given the high school located on O'Neil Street, the fire department located a block away and the multiple traffic deaths that have occurred recently at the corner of O'Neil Street and Dorchester Road. It would scan that a detailed traffic study is in order to assess the impact of the proposed development on an already strained and dangerous local road system. Other Concern Maintenance and mow removal from the new laneway. Garbage collection on the new laneway. Light pollution from the new laneway lights. Nature and quantity of guest parking directly adjacent to neighbourhood properties. Type, height and maintenance of privacy fencing. Issues of Land Use Intensification At the January informational meeting, the representative from the City of Niagara Falls planning Department expressed the Planning Department's desire to use this proposed development as a means of intensifying land use in the neighbourhood quite clearly The City planner also stated that this was an objective of the Provincial Government as outlined in Provincial planning guidelines. While we do not disagree that the planning guidelines set forth by the Province of Ontario to challenge municipal governments to find ways to intensify -a- development within current urban boundaries, we are confident that the kind of development being proposed here is not what was intended. Attach The Provincial guidelines for intensification are just that guidelines. Municipal government is not bound by these guidelines. We seriously doubt that the Provincial guidelines for intensification were targeted at mature, stable neighbourhoods or that the Provincial Government would wish to negatively impact or penalize residents based on their large backyards. It is clear that the Provincial Government's guidelines for intensification are targeted at "brown field" sites and vacant lands not residential backyards. It would seen that the proposed development runs contrary to Provincial and municipal initiatives to preserve green spaces and mature urban forests. We call into question the validity of this case of "opportunistic planning" based on notions of fulfilling Provincial guidelines to intensify land use within the urban boundary. There is already a pig Knee studying the intensification of land uses within the Niagara Falls urban boundary and a democratic process in place to amend the Official Plan of Niagara Falls in a coherent, consistent and equitable fashion. The residents of this neighbourhood should not be penalized because some have Large backyards. The backyards in this neighbourhood are typical of residential developments of the 1950s and early 1960s when this area was developed. Furthermore, they are significantly smaller than the size of lots of new estate developments currently being built in the City of Niagara Falls. To single out this one block for intensification based on opportunity and the investment aspirations of five land owners against the wishes of the overwhelming majority of residents in the neighbourhood does not reflect the intent or spirit of the Ontario Planning Act or the Ontario Provincial guidelines on intensification. On behalf of my neighbours who have signed the enclosed petition, I respectfully ask that the Niagara Falls City Council reject the Zoning By -law Amendment Application, City File AM- 10/2006. Yours sincerely, Mrs. Betty Aldridge PS: It is my understanding that 1 can request, in writing, any and all decisions made by the City of Niagara Falls Committee of Adjustment, the City of Niagara Falls Planning Committee and the City of Niagara Falls Municipal Council concerning this application for severance and zoning change. I would thereby like to request such written notification. mimes NEW Pg C -r0 4P /1 sny p Q'4-"' WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM R1C it "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (R4)' FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEOUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KN HISTORICAL STAMFORD. Wane (print) Address Ate "Solna 1 C.krlsh► .LJSolna `73) 24.4. S ree /4 rE iw vo-m e o 31?76 EIVED MAY 15 2^„6 P�JJJ,p �WING ¶16VtLOPMENT 33y, 7aec IFP rite! c-wdis-velta Pts.cxw C9 \�pc ?acne �e,P ca t is St 6°4 el Ro 1 E -t vEk. 3.392_ j n&404An L- q e+4 L,c Qa., R a s et. IL‘ap-- g A A c i 4 F 3241 KoN peri v /dhy a 293d Casey st- z1a p 3 7 )tt c. d main m ti T t T r 6M Fy 1 3 r,nr cat WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM R1C +v LOW DENSITY, GROUPED MULTIPLE DWELLINGS (R4) THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STAMFORD. Nase (print) S L Nett-) Conk mf kokik S 0 'i 00 4 0 r# y Al P I v1 A fil er..s afRs Address 1,651 s F" IWD G- L-&-0 I��s batavei ?bar) „e.T.c 69Rc4 .c• b -6 'h: (CAA o &873 and 5)- dny ate/. 04(14 r 4 Signature n fral, 6� P th 13 Mat s 2m 3 WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM R1C 4 "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (R4V FOR THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STAMFORD. Nase (print) Address Signature DCL nir;o laa.. 18 TX rc isirr. S iw.f '?/fivecead lAivitifttk l liniei*G 3 'Vo b davaia. ail. en* .iP� RICt 011LJ14.4.. ;3 I3 D.A. ,r .i4. Rot_ Gl 4( Ja s2 IkreY Pt /D6.G 3365/ .0600/2b _Am a/ -fir OY (4 IS MS L ,T 2,tictEAJh OU n nJA) 6854 ,&suet._ sr a oi s.47)�-e'k (p 7t7 Ian,`/ S7 a un K /1� I id Con,a��It,�e 33 Skeep d �vri Ct" ,t A nnaronq 31116 4 r4 Ave. dui f �Ja f r4 V 34-re 'R A. flainierma ;pang•' tg w PiIstnei tY 13 y WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM R1C {-o "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (RO THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STAMFORD. Naas (print) N71 cook& Ai .s4 Address s Woo "5Eigetio et 3ag 3 &ted it .34 Cnd Connacz 3379 Shepez zo oz_ /)q si Connor a 3378 -73 21Lazdtfir 7 3o. 6 a a CtsAtiali 3391 ed c ,1 bo(e►,ccJ-er t an Signature i1 ii1l11" WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM RIC 4Zj "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (RO"FOR THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY: RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STAMFORD. Naas (print) Address Signature wci sal *vow._ Elizakfh Kolcriziej 7 2 63301. Sr koeld c uod- Rizatec rz toad( s1% cisa, gin 4 g o Atsalte Yir .,.',di. 7 9 _..r otn ad *5 uft Cam.. rni(02 t2Lsseita\ \nano nor (0`I 6a- SSe 6)31 CD.'e.a. A. iol'4t f •a on Si-- lam. v�r PIN PE ITT a .I WE, THE UNDERSIGNRD' 1 OPPGSE THE P0.0PbSED RE- ZONING ON O'NEIL STREET FROM R1C }0 NRESIPE$TjAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (Re FOR THE FOLLOWING REASONS: Name (print) 7•2�.2kP 4rstakra 3v L ,ero 5h RI CK KbuDYS 39a3 skma, £'E LEsuE. Bitola 3404 s%tEPPARL Avc. Address Signature NOISE AND FUEL E °I SSIOTS.=tR0A 1 414.41 k IN AStD, :.'IL')T0e SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE. CONCERN. ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS HEING.. IN�AD$ U `T TAKE EXTRA NAMBJ LOSS OF PARK LIKE SETTING AND WILD'111E; R RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER 091. THE AREA, KNOWN AS HISTORICAL STAMFORD. JfoV a.LVL=e 3392 5/N VsED Aa& o�Y�+• .So a Pn be11 t nG 5 She M(. pie 1/4-44 12 teat a(C- a v 1cS( &N'(ne %f 9 -tkU Skft,, r5. 9 t ate feast .12 it Ed 7rn yet- 5 3 zeq itt tenor en A. Z i e .4 sw *aims WE 1710 N 13 rL ;y 0L,j2LUc, WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM R4.0 +{j "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (ROD FOR THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STAMFORD. Naas (print) Address r A s 9. 1 r I.A ,A :411 A.a ._oQg b "WV, g• WP.rc e. kfj`SoVI l) Nei/5• 'f 2 J1 ¥restthe) U) G, fj'Ale ?r I, 6 Of ttifaiL... Cr tc LIS 1-} dcULPet( 007 0(uce/L.ce0=- .,,,e: gcL50,6m. Ackm (4io 0 'Nit $k ree1/4 PEA* ea r 6 W C nz_ 01061 i k 4- W ;km., t.,j9 C t 3 1V9 I EA" 44+eftson 6 g,2,2 ()Jived Jess AWIYfw s 1 &ese3 S`r• Signature ;fl nn" ,NE Ul PE IOW WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM R1C fr "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE WELLINGS (R4)' FOR THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STANFORD. Bane (print) Lu&i4 asaro Address 5t0 1 5. J-k lr. Ave ROR Arm&S 6e'a -1 oN r.r Si h '.e./ /NDa yrr�"1�4 (vd�A is 'NICER melee 4dhrew Th•I a(ooj otot% 4 t ug Waialcip 1 r 60812 fvss<cc- Q' earn &Cb6 641E1( iliThUb_____ i esaSOINOfts 1 5 mei y.2006 Signature A 4 WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM RIC +a "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (R4) FOR THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY. RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STAMFORD. Naas (print) FIRM B ena M 'JW' Iv'L'V Lr- Address Signature GREG G sRe ssEe.11p maws (ja)Pti tr 43 LL 1)n k<.11 ESjet "is o i nk► cr�� 1t GOIXIMI\ CPS l�a ■nlel &4 10%4 k w ar Lane. l�F,��e +58o Rnst-larvi Cn5 g. WE, THE UNDERSIGNED, OPPOSE THE PROPOSED RE- ZONING ON O'NEIL STREET FROM RiC +0 "RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS (R4)' FOR THE FOLLOWING REASONS: NOISE AND FUEL EMISSIONS FROM GREATLY INCREASED AUTOS AND SERVICE VEHICLES; TRAFFIC CONGESTION ON AN ALREADY BUSY STREET; INVASIVE LIGHTING FROM HOUSES AND STREET LIGHTS; DECREASED WATER PRESSURE IN AN AREA WITH LOW WATER PRESSURE; CONCERN ABOUT SEWERS TAKING ADDITIONAL VOLUME, AND STORM SEWERS BEING INADEQUATE TO TAKE EXTRA WATER; LOSS OF PARK LIKE SETTING AND WILD LIFE; RESIDENTS BOUGHT THEIR HOMES IN A STABLE COMMUNITY: RE- ZONING WOULD CHANGE CHARACTER OF THE AREA, KNOWN AS HISTORICAL STAMFORD. Mass (print) Address Signature The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department May 29, 2006 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 Re: PD- 2006 -43, Zoning By -law Amendment Application AM- 11/2006, 3901 Dorchester Road (North Portion) Applicant: Church of Christ Agent: Sam Iorfida (Iorfida Consulting Inc.) Existing Church Property RECOMMENDATION: PD- 2006 -43 Doug Darbyson Director It is recommended that Council approve the Zoning By -law amendment application to apply the standard Institutional (I) zone to the subject land to formally recognize the church use. BACKGROUND: Proposal The amendment is requested for a 10,350 square foot (961.52 square metre) parcel of land on the west side of Dorchester Road, north of Thorold Stone Road, as shown on Schedule 1. The subject land and the parcels to the north (3879 Dorchester Road) and to the south are owned by the Church of Christ (3901 Dorchester Road). Schedule 2 indicates the location of buildings on the overall land, a proposed separate lot (Part 1) to be created through a related severance and outlines the section of the property subject to the zoning amendment. The north portion of the church property is currently zoned Residential Single Family 1B Density (RIB). The balance of the church land to the south is zoned Institutional (I). The applicant has requested that the residential zoning be changed to the Institutional zone to formally recognize the continued church use of the land. Circulation Comments Information on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: Fire Services No objection. Municipal Works No objection. Parks, Recreation Culture No objection. Regional Planning Development No objection. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 29, 2006 PD- 2006 -43 Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended. The review of the amendment is summarized as follows: 1. The proposal complies with the policies of the Official Plan. The City's Official Plan designates the property Residential which permits a variety of housing types and compatible ancillary uses including churches. Single detached homes are located to the north, south and west of the site. Another church and an apartment building are on the east side of Dorchester Road across from the subject land. The City's Committee of Adjustment granted conditional approval to related severance and variance applications (B15 /2006/NF A- 12/2006) on May 9, 2006 to create a separate lot for the abutting dwelling under church ownership (Part 1) and to recognize the undersized north side yard setback of this house. The long established church use and proposed property configuration is compatible with the surrounding area. 2. The requested Zoning By -law amendment is appropriate. The majority of Part 2 containing the church and parking lot is zoned Institutional (I). The section of Part 2 north of the church and to the rear of the dwelling is zoned Residential Single Family 1B Density (R1B). Although this residential zoning allows existing places of worship, the proposal to zone this portion of the church land will formally address the existing situation. CONCLUSION: Approval of the requested zoning amendment would recognize the church use of the property. The rezoning is a condition of approval for the related severance application to create a separate lot for the dwelling on Part 1 (3879 Dorchester Road). The proposal complies with the Official Plan and is appropriate. Prepared by: Approved by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development RW:gd Attach. SXPDR\2006\PD2006-43, AM -11 -06, Church of Christ, 3901 Dorchester Road.wpd 1 Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Subject Land V SA SCHEDULE 1 LOCATION MAP Location: 3901 Dorchester Road (North Portion) Applicant: Church of Christ Amending Zoning By -law No. 79 -200 1:NTS AM- 11/2006 kAOIS Requests\ 2006\ Schedules \ZaningAMUM- 1Bniepping.mep April 2006 SCHEDULE 2 r N Q d 3 Q p s a Y O H m N Li Lc. c 0 0 a. 0- LL a 1 §f w.§ rc 8 1£'Z 1152,951HDWOU a �oaY oai reuilSIs de tlankskthn Par t€ke IR& Poste Fax Note 767111 0i1. *alma off eo i a b noa• l MAW. Fa. PS aW g nil MA Wimpil> DATE; TO: May 3, 2006 Niagara Region MEMORANDUM Torn Whitelaw Planner Planning and Development Department No, 5 1 RA PLANING RECEIVED MAY 4 2006 Aeglenel o f t nni ak+alltY pf ANNING Z z SUBJECT: Zoning By-law Amendment Application Owner /Applicant: Church of Christ Proposal: To create a separate lot for an abutting existing dwelling under church ownership (3879 Dorchester Road) and to recognize the undersized north side yard setback of this house; and to rezone the north portion of the property to Institutional (I) to formally recognize the continued church use of the land Location: 3901 Dorchester Road (North Portion) In the City of Niagara Falls City File: AM- 11/2006 Our Film 1118.04.66.642920071(ID85044) 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. nian, i illiam J45tevens, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division WJS/cm 1.AEngineenng- FlannIngand-Derel opmentWetronelarmen\Niagara Falls\CORRESPONDENCE 2006U 11 o8.T.W Ntelaw.doc RECEIVED 1 MAY 0 9 200u PLANNING DEVELOPMENT Niagara Region May 4, 2006 File: D.10,M.11,23 Mr. Richard Wilson, Planner II City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Re: Zoning By -law Amendment Application Recognition of Church Lands Dorchester Road. north of Thorold Stone Rd. City of Niagara Falls Your File: AM-11/200$ This application proposes the rezoning of a portion of a church property to Institutional (I). The majority of the church property is already zoned institutional (I). These lands are also the subject of a consent application (B1512006) to sever a dwelling from the church property. The proposed rezoning will follow the property boundary to be created by the consent and will recognize those lands that will continue to be used for church purposes. As the rezoning application will recognize existing uses and will implement a consent application supported by this Department, Regional Planning staff have no objection to the adoption of the zoning amendment. Yours truly, David J. Farley Director of Planning Services r:iJN rL,ANNiNu PLANNING AND DEVELOPMENT Councillor W. Smeaton, Regional Municipality of Niagara Mr. D. Darbyson, MCIP, RPP, Planning Director, City of Niagara Falls Mr. W. Stevens, Regional Public Works :w2BLA -Dor hestar Church -NF Building Community. Building Lives. No. 5854 P. 1 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905.841 5208 E -mail: plan ®regional.niagara.on.ca RECEIVED' MAY 3i PLANNING. DEVELOPM LUCILLE COLEMAN April 20, 2006 Council of the City of Niagara Falls City Hall 4310 Queen Street, PO 1023 Niagara Falls, ON L2E 6X5 8686 Lyons Creek Road, Welland, ON L3B 5N4 (905) 3841597 Your Worship and Members of Council: You may be aware that on July 10, there will be performing animals at the Niagara Falls Memorial Arena. This is part of a Shrine circus event. Reviewing the Shrine circus schedule (copy attached) what I find profoundly disturbing is the rigorous multiple performances on a near daily basis that these animals must endure; commencing June 16 in North Bay ending August 7 in Bramalea. This grueling schedule in the throws of our hot humid Ontario summers will most certainly place the animals under undue stress. With a bone deep weariness, these beasts -of- labour have no choice but to keep performing. When not performing, these animals are known to live in barren living conditions, must endure harsh training techniques and are either fettered, caged or being transported to the next show. Please note that my issue is not with Shrine, but with the use of performing wild and exotic animals in circuses. Playing host to traveling circuses that use animals is a blemish to our city and runs counter to the spirit of the Ontario SPCA Animal Welfare Position Statement (attached). The public is becoming increasingly sophisticated about the hardships to animals when limited to concrete worlds when they live the majority of their lives tethered in a parking lot; therefore, I request that the Council of the City of Niagara Falls enact a bylaw to: Ban traveling circuses from performing in Niagara Falls that use animals in their acts. Please give me a reason why circuses with animal acts should be allowed to perform in Niagara Falls. I look forward to your response. Lucille Coleman Copy: Ontario SPCA Circus DATE DATE LOCATION ADDRESS HOSTING CLUB CHAIRMAN TELEPHONE CHILDRENS SENIORS TICKETS ADULT TICKETS SHOWTIMES FRIDAY, JUNE 16, 2006 NORTH BAY ARENA RORAB SHRINE CLUB GEORGE PAYNE 705- 474 -5303 $12.00 taxes $14.00 +taxes FRIDAY, JUNE 16T11, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR TOLL FREE NUMBER 1- 800 -668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice@xentel.com J SATURDAY JUNE 17, 2006 SUNDAY, JUNE 18, 2006 LOCATION SUDBURY DOWNS ADDRESS HOSTING CLUB RAMESES CHAIRMAN BRIAN DAVENPORT TELEPHONE 416 633 -6317 CHILDRENS SENIORS $12.00 taxes TICKETS ADULT TICKETS $14.00 taxes SHOWTIMES SATURDAY, JUNE 17TH, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. SUNDAY, JUNE 18TH, 2006 SHOW TIMES: 1:00 P.M. 5:00 P.M. TICKETS CAN BE ORDERED BY CALLING OUR TOLL FREE NUMBER 1 -800- 668 -9111 OR E -MAIL OUR CUSTOMER SEVICE AT customerservice @xenteLcom Page 1 of 8 Circus DATE LOCATION ADDRESS HOSTING CLUB CHAIRMAN TELEPHONE CHILDRENS SENIORS TICKETS ADULT TICKETS SHOWTIMES MONDAY, JUNE 19TH, 2006 BRACEBRIDGE MEMORIAL ARENA MUSKOKA SHRINE CLUB JIM LEVER 705- 645 -5981 $12.00 taxes $14.00 taxes MONDAY, JUNE 19TH, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1- 800 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice@xentel.com IWO DATE TUESDAY JUNE 20, 2006 LOCATION COMMUNITY CENTRE ADDRESS HOSTING CLUB ORILLIA SHRINE CLUB CHAIRMAN TELEPHONE CHILDRENS SENIORS TICKETS ADULT TICKETS $14.00 taxes SHOWTIMES TUESDAY, JUNE 20TH, 2006 $12.00 taxes SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1- 800 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice@xenteLcom Page 2 of 8 Circus DATE WEDNESDAY, JUNE 21ST, 2006 LOCATION BARRIE DUNLOP ARENA ADDRESS HOSTING CLUB RAMESES SHRINE YACHT CLUB CHAIRMAN BRONNO NIEMEYER TELEPHONE 705- 436 -3142 CHILDRENS $12.00 +taxes SENIORS TICKETS ADULT TICKETS $14.00 taxes SHOWTIMES WEDNESDAY, JUNE 21ST, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1 -800- 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice @xentel.com iii DATE SATURDAY, JUNE 24111, 2006 LOCATION SPORTS ENTERTAINMENT COMPLEX ADDRESS HOSTING CLUB GUELPH DISTRICT SHRINE CLUB CHAIRMAN TELEPHONE CHILDRENS $12.00 taxes SENIORS TICKETS ADULT TICKETS SHOWTIMES SATURDAY, JUNE 24111, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1- 800 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice @xentel.com Pin DATE THURSDAY, JUNE 29TH MONDAY, JULY 3RD, 2006 LOCATION OAKVILLE CENTRUM ADDRESS HOSTING RAMESES CLUB CHAIRMAN PETER MCGOWAN TELEPHONE 416 633 -6317 Page 3 of 8 Circus CHILDRENS SENIORS TICKETS ADULT TICKETS SHOWTIMES 12.00 Taxes 14.00 Taxes SHOW TIMES: THURSDAY, JUNE 29TH, 2006 7:30 P.M. FRIDAY, JUNE 30TH, 2006 4:00 P.M. 7:30 P.M. SATURDAY, JULY 1ST, 2006 NOON, 4 :00 P.M. 7:30 P.M. SUNDAY, JULY 2ND, 2006 1:00 P.M. 5:00 P.M. MONDAY, JULY 3RD, 2006 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR TOLL FREE NUMBER 1 -800- 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice@xentel.com DATE WEDNESDAY, JULY 5TH, 2006 LOCATION BAYSHORE COMMUNITY CENTRE ADDRESS HOSTING CLUB RAMOCA SHRINE CLUB CHAIRMAN JOHN MILLER TELEPHONE 519 -534 -5444 CHILDRENS SENIORS TICKETS ADULT TICKETS 14.00 Taxes SHOWTIMES WEDNESDAY, JULY 5TH, 2006 12.00 Taxes SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR TOLL FREE NUMBER 1 -800- 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice@xentel.com DATE LOCATION ADDRESS HOSTING CLUB CHAIRMAN TELEPHONE CHILDRENS SENIORS TICKETS ADULT TICKETS SHOWTIMES FRIDAY, JULY 7TH, 2006 SUNDAY, JULY 9TH, 2006 BURLINGTON MALL SHRINERS CLUB OF HAMILTON GORDON STEWART 905 -525 -3142 $12.00 taxes $14.00 taxes FRIDAY, JULY 7TH, 2006 Page 4 of 8 Circus TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1- 800 -668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice MI I DATE LOCATION ADDRESS HOSTING CLUB CHAIRMAN TELEPHONE CHILDRENS SENIORS TICKETS ADULT TICKETS SHOWTIMES DATE LOCATION ADDRESS HOSTING CLUB CHAIRMAN TELEPHONE CHILDRENS SENIORS TICKETS ADULT TICKETS SHOWTIMES SHOW TIMES: FRIDAY, JULY 7TH 7:30 P.M. SATURDAY, JULY 8TH NOON, 4:00 P.M. 7:30 P.M. SUNDAY, JULY 9TH 1:00 P.M. 5:00 P.M. TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1- 800 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice xentel.com FRI. JULY 14 SUN. JULY 16 FRI. JULY 21 SUN. JULY 23 EAST YORK TOWN CENTRE RAMESES SHRINE PETER MCGOWAN 416 633 -6317 $12.00 taxes $14.00 taxes SHOW TIMES: Friday, July 14 Saturday, July 15 MONDAY, JULY 10TH, 2006 NIAGARA FALLS MEMORIAL ARENA ST. CATHARINES SHRINE CLUB DON NEILSON 905 -562 -8795 $12.00 taxes $14.00 taxes MONDAY, JULY 10TH, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. 7 :30 p.m. Noon, 4:00 p.m. 7:30 p.m. xentel.com ..e9 PiFir�i Page 5 of 8 Circus Sunday, July 16 Friday, July 21 Saturday, July 22 Sunday, July 23 1:00 p.m. 5:00 p.m. 7:30 p.m. Noon,4:00 p.m. 7:30 p.m. 1:00 p.m. 5:00 p.m. TICKETS CAN BE ORDERED BY CALLING OUR TOLL FREE NUMBER 1 800 668 9111 OR E MAIL OUR CUSTOMER SERVICE AT customerservice @xentel.com o tpi� DATE MONDAY, JULY 17TH, 2006 LOCATION YARDMEN ARENA ADDRESS HOSTING CLUB BELLEVILLE SHRINE CLUB CHAIRMAN GERRY GENEREUX TELEPHONE 613 966 -5764 CHILDRENS/ SENIORS TICKETS ADULT TICKETS 14.00 taxes SHOWTIMES MONDAY, JULY 17TH, 2006 12.00 Taxes SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR TOLL FREE NUMBER 1 -800- 668 -9111 ORE -MAIL OUR CUSTOMER SERVICE AT customerservice @xentel.com DATE LOCATION ADDRESS HOSTING CLUB CHAIRMAN TELEPHONE CHILDRENS SENIORS TICKETS ADULT TICKETS SHOWTIMES Vint TUESDAY, JULY 18TH, 2006 MEMORIAL CENTRE KINGSTON DISTRICT SHRINE CLUB JOHN SCHAEFFER 613- 353 -2611 $12.00 taxes $14.00 taxes TUESDAY, JULY IBTH, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. Page 6 of 8 Circus TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1- 800 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice @xentel.com DATE TUESDAY JULY 25TH WEDNESDAY, JULY 26TH, 2006 LOCATION WHITBY ENTERTAINMENT CENTRUM ADDRESS HOSTING CLUB OSHAWA SHRINE CLUB CHAIRMAN KEN MOFFITT TELEPHONE 905 -579 -8238 CHILDRENS 12.00 Taxes SENIORS TICKETS ADULT TICKETS 14.00 Taxes SHOWTIMES TUESDAY, JULY 25TH, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. WEDNESDAY, JULY 26TH, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR TOLL FREE NUMBER 1- 800 668 -9111 ORE -MAIL OUR CUSTOMER SERVICE AT customerservice@xentel.com riven DATE JULY 28TH JULY 31ST. AUGUST 4TH AUGUST 7TH LOCATION BRAMALEA CITY CENTRE ADDRESS HOSTING RAMESES SHRINERS CLUB CHAIRMAN PETER MCGOWAN TELEPHONE 416 633 -6317 CHILDRENS SENIORS $12.00 taxes TICKETS ADULT $14.00 +taxes TICKETS SHOWTIMES SHOW TIMES: FRI. JULY 28TH 7:30 P.M. FRI. AUG. 4TH 4:00 7:30 SAT. JULY 29TH 4:00 7:30 P.M. SAT. AUG. 5TH NOON,4:00 7:30 SUN. JULY 30TH 1:00 5:00 P.M. SUN. AUG. 6TH NOON,4:00 7:30 MON. JULY 31ST 1:00 5:00 P.M. MON. AUG. 7TH, NOON,4:00 7:30 TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1- 800 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice @xentel.com Page 7 of 8 Circus DATE WEDNESDAY, AUGUST 2ND, 2006 LOCATION PETERBOROUGH MEMORIAL CENTRE ADDRESS HOSTING CLUB KAWARTHA SHRINE CLUB CHAIRMAN JIM FAULKNER TELEPHONE 705- 745 -6452 CHILDRENS 812,00 +taxes SENIORS TICKETS ADULT TICKETS $14.00 taxes SHOWTTMES WEDNESDAY, AUGUST 2ND, 2006 SHOW TIMES: 4:00 P.M. 7:30 P.M. TICKETS CAN BE ORDERED BY CALLING OUR INFO LINE 1 -800- 668 -9111 OR E -MAIL OUR CUSTOMER SERVICE AT customerservice @xentel.com Go to Home Page WWI Page 8 of 8 Ontario SPCA Who We Are Page 1 of 1 C.1 CIRCUSES AND ANIMALS IN ENTERTAINMENT C.1.1. The Ontario SPCA strongly recommends the banning of the use of animals in circuses, travelling menageries and wild animal acts. No animal should be trained or be required to perform in a manner which causes it suffering or distress. C.1.2. The Ontario SPCA recommends that where animals are allowed to perform under the law, they must always be provided adequate shelter, appropriate food, fresh water and regular exercise. The transport of animals must be in a manner appropriate to the species allowing for adequate safety and a minimum of stress. Animals must not be kept in travelling cages when not travelling. C.1.3. The Ontario SPCA strongly recommends the adoption of a Code of Practice for the Use of Animals in Entertainment, which would include the film industry, and which would define the care and requirements of animals used to make films or for other entertainment, to ensure these animals are not abused, injured or subjected to stress while being so used. http://www.ospca.on.ca/wwa_ps.html 2006 -04 -19 Niagara The City F of alls' Fs Canada Ms. Lucille Coleman 8688 Lyon's Creek Road Welland ON L3B 5N4 Dear Ms. Coleman: Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 358 -9083 E -mail: diorfida @city.niagarafalls.on.ca Re: Travelling Circuses May 18, 2006 venomous arachnids (such as spiders, scorpions and tarantulas); canids (such as wolves and coyotes), except domestic dogs; crocodilians (such as alligators and crocodiles); felids (such as lions, tigers, and cougars), except domestic cats; venomous reptiles; snakes of the families Pythonidae and Boidae (such as pythons and boa constrictors); and, ursids (such as bears). Dean Iorfida City Clerk Thank you for your letter imploring Niagara Falls City Council to ban Travelling circuses. Your correspondence will be on an upcoming agenda for Council's consideration. I should let you know that the municipality has an Animal Control by -law (2002 -129). In addition to controlling the number of dogs, cats, rabbits and chickens within the urban boundary, the by -law prohibits the following "exotic" animals: I have been told by the appropriate staff that the Shrine Circus does not have any animals that would fit under the prohibited list noted above. Should any circus want to come into the community with such animals, the by -law stipulates that Council would be required to give its approval. I can appreciate that the Shrine Circus does have animals, including elephants, that are not listed in our by -law. Nonetheless, it would be up to Council to determine whether to add additional animals to the prohibited list, modify its existing by -law or enact a new by -law. Once again, thank you for expressing your concerns. I will apprise you of any action from Council Dean rfida City Clerk Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development May 23, 2006 His Worship Mayor Ted Salci and Members of Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Mayor and Members of Council: NIAGARA FALLS HYDRO Re: Niagara Falls Hydro and Peninsula West Utilities Merger I am pleased to provide an update of the very important activities that Niagara Falls Hydro has been undertaking with our neighbour Peninsula West Utilities. We have been progressing with the merger of our two distribution companies that serve the residents of Niagara Falls, the Town of Lincoln, the Town of Pelham and the Township of West Lincoln. This new distribution utility will be 100 percent owned by the local communities. Our plan has several very important features as follows: Maintain local presence and control over the management of and rates. Improve electricity distribution services to local customers. Improve the utilization of existing resources. Explore business options that achieve new economies duplication of services and costs to the customer. Pursue strategic partnerships that contribute to a strengthened and voice locally and provincially. Increase flexibility to better respond to emerging business complexities in the electricity market. Share allocation based on independent valuations. All assets, liabilities and employees of Niagara Falls Hydro West Utilities Ltd. will be transferred to Merge Co. upon transfer tax. electricity services avoid corporate presence opportunities and Inc. and Peninsula exemption of the of scale and 7447 Pin Oak Drive, P.O. Box 120, Niagara Falls, Ontario L2E 659 Telephone: (905) 356 -2681 Fax: (905) 356 -0118 E Mail: info @niagarafallshydro.on.ca Web: www.niagarafallshydro.on.ca The merged company will be applying for the regulatory approval from the Ontario Energy Board and the Competition Bureau. The Ontario Energy Board and the Competition Bureau are required to approve all mergers of electric utilities. We expect that process to take one to two months unless there are significant objections and interventions by other parties. The merged company will also be applying to the Ontario Ministry of Finance for an exemption to the current transfer tax. As you are well aware, the transfer tax is an impediment to the completion of the merger. Obviously this transaction will not occur without the waiving of the transfer tax. We are presently working with Government officials to seek exemption to the transfer tax. Enclosed please find our draft Term Sheet that represents the proposed terms of the merger. This Term Sheet will form a binding obligation to negotiate a merger agreement and a shareholders agreement. These will be provided to you for your approval when completed. The Town of Lincoln and the Town of Pelham recently approved the merger Term Sheet in principle. The Township of West Lincoln will review the matter at their regular Council meeting to be held on the evening of May 24, 2006. I strongly recommend that the Corporation of the City of Niagara Falls approve in principle the Term Sheet and authorize Niagara Falls Hydro Holding Corporation to proceed with the negotiation of the merger. If you should have questions regarding the merger, please to not hesitate to contact me. Sincerely, Brian Wilkie, CGA President BW/cs Enc. 2 447 Pin Oak Drive, P.O. Box 120, Niagara Falls, Ontario L2E 6S9 Telephone: (905) 356 -2681 Fax: (905) 356 -0118 E Mail: info@hniagarafallshydro on.ca Web: www.niagarafallshydro.on.ca COUNCIL SECONDED BY: WHEREAS _Peninsula West Power Inc. "Pen West and Niagara Falls Hydro Holding Corporation ("Niagara have been considering the merger of their respective electricity distribution utilities (the "Merger"); AND WHEREAS the parties have negotiated a term sheet (the "Tenn Sheet which forms the basis for their continued negotiations of the Merger; NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF PELHAM, as a stakeholder of Pen West, hereby approves, in principle, the Term Sheet and authorizes Pen West to proceed with the negotiation of the Merger. MOVED BY: C Recorded Vote Requested By: Yea Nay M. Allen 0 C U. Brand S. Cook 7. Dude)/ R. Leavens P. Papp 0 D. Urbanowicz THE CORPORATION OF TIM TOWN OF PELHAM Deferred Lost May 15, 2006 1 3141 3ss jc yYh �arx LY DATE _d Carried Dectaradon of Pecuniary Interest: D baker/their interest(s), vacated hislherltheir stags), abstained front discussion and did not vote. i r•Yll 1.1 V• The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS Niagara Falls Hydro Holding Corporation "Niagara Falls Hydro and Peninsula West Power Inc. "Pen West have been considering the merger of their respective electricity distribution utilities (the "Merger and WHEREAS the parties have negotiated a term sheet (the 'Term Sheet which forms the basis for their continued negotiations of the Merger. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls, as the stakeholder of Niagara Falls Hydro, hereby approves, in principle, the Term Sheet and authorizes Niagara Falls Hydro to proceed with the negotiation of the Merger. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA it T. (TED) SALCI CITY CLERK MAYOR Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Date: May 29, 2006 Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Western Hemisphere Travel Initiative- Industry Action Request Working Together to Serve Our Community The City F all s of Niagara Fs Canad2 The Binational Tourism Alliance, as a result of a recent meeting in Niagara -on- the -Lake, called upon cross border municipalities and various stakeholders to pass resolutions related to the Western Hemisphere Travel Initiative(the requirement for passports to travel to and from the United States). The request of the Alliance predated the U.S. Senate' s recent decision to change the Western Hemisphere Travel Initiative's implementation date to June 1, 2009. Nonetheless, staff has revised the suggested resolution in keeping with the recent efforts of Niagara River mayors to delay the passport implementation to study its economic impact and to consider altemative forms of identification that are cheaper and than a passport. beitiv Dean Iorfida Fwd: WIITI Industry Action Request May 12 Meeting Followup From: Wendy Canavan To: Dean Iorfida Date: 5/16/2006 9:31:07 AM Subject: Fwd: WHTI Industry Action Request May 12 Meeting Followup CC: Arlene White; John MacDonald; Serge Felicetti; Ted Salci Many thanks to everyone who attended the WHTI Tourism Industry Action Meeting in Niagara -on -the Lake on Friday May 12 we've received much positive feedback and are ready to take action! We are providing attendees, BTA members and industry stakeholders with electronic copies of the background information presented at that meeting, along with the templates for Letters of Support and Resolutions. Please feel free to distribute this information to your colleagues and contacts in the industry. As discussed at the meeting, the Binational Tourism Alliance is requesting your assistance in terms of support for a delay to WHTI implementation, along with changes to the existing legislation. We are asking that you provide us with letters of support or resolutions from individual businesses, tourism organizations and municipalities (on your letterhead and signed by appropriate officers as per the attached templates), which we will then forward on to Canadian and U.S. legislators and tourism organizations, and our industry colleagues who are working on our behalf in Washington. We would appreciate your submission by May 31st, but will continue to accept these after that date for those organizations or municipalities who must coordinate with board and council meeting schedules. Please fax or email your letters /resolutions to Arlene White, Executive Director, Binational Tourism Alliance at 905- 871 -1266 or arlene.whiteebtapartners.com This issue is far from over and our U.S. colleagues need to know that we support their efforts in Washington. We have the opportunity right now as an industry to influence positive changes to the existing legislation and are asking for your involvement to make sure the right decisions are made. We'll keep you informed of ongoing progress to WHTI through emails and updates to our website www.btapartners.com If you have any questions regarding this correspondence, please contact me directly. Thank you, in advance, for your support for this important issue! Arlene White, Executive Director Binational Tourism Alliance 905 4014450 (cell) Page 1 of 1 file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \GW 000... 5/18/2006 Binational Tourism Alliance WHTI Position Paper October 28, 2005 Presentation Niagara Falls, Ontario Recommended Secure Identification Solution: The Binational Tourism Alliance, representing over 60 tourism and business operators in the cross border Niagara Region, recommends the least invasive, most economical and practical approach to security improvements through the use of existing forms of identification. This translates into improving security components of existing and new Drivers Licenses (REAL ID program introduced by Michigan with growing support from other jurisdictions), Birth Certificates, Passports and NEXUS and by doing so, not eliminating any of these from acceptance as valid I.D. to best serve the majority of business and leisure travelers and residents of cross border regions, of all ages. Taxpayers would not have to pay for an additional type of identification, but the cost of enhancement could be included in the updated version of any of these options that the consumer chooses to use and since these are all recognized public documents, there would be little resistance to this approach. With regards to the Economic Impact of the Proposed Legislation, please note the following: 1) 8 million visitors come to Niagara Falls, NY and the surrounding region annually. In Niagara Falls, Ontario, the number is 12 million visitors, again, many of them traveling to the U.S. side once they are here. 2) Hundreds of millions of dollars of public and private sector investment have been made or are currently committed to our cross border region. In Western New York, projects completed or underway in the past 3 years include: $3.7 million for the Niagara Falls NY 3 Street Revitalization Project $2.0 million for Economic Investment Grant Program and private sector facade improvements in N. Falls $10 million for the Niagara Experience Center $6.5 million for the United Office Building $80 million for the Seneca Casino $18.8 million for the Niagara Falls Conference Center $120 million of the new Hotel Complex at the Seneca Casino $22.3 million for the new Crowne Plaza Hotel $46 million for the Erie Canal Harbour $30 million for the Darwin Martin House In Niagara Region, Ontario, projects completed or currently underway include: Niagara Fallsview Casino and resort, Niagara Falls 2004 Embassy Suites Hotel, Niagara Falls 2003 Shaw Festival Production Centre, Niagara -on- the -Lake 2004 Doubletree Resort Lodge Spa, Niagara Falls 2004 Niagara Falls Aviary, Niagara Falls 2003 Pen Centre Expansion, St. Catharines 2004 Niagara College Culinary Institute, Niagara -on- the -Lake 2004 Ontario Welcome Centre, Fort Erie 2004 Great Wolf Lodge/Ripley's Aquarium, Niagara Falls 2006 Queenston- Lewiston Bridge, Niagara -on- the Lake/Lewiston 2006 Peace Bridge Authority (Cdn Plaza), Fort Erie 2007 Grand Niagara Golf Course, Niagara Falls 2006 $1 Billion $150 Mil 50 Mil 45 Mil 15 Mil 11 Mil 10 Mil 9 Mil $200 Mil 51 Mil 42 Mil 35 Mil Page 2 Private sector investment interest is driven by these developments and North American business and labor have been hired to design and construct these projects, which contribute to employment and the tax base in both our countries. 3) Canadian visits to the U.S. have dramatically increased since 2004 with the change in the exchange rate and pent up demand for new destinations within driving distance. In 2003, there were 34.5 million visits by Canadians to the U.S. with an impact of $10.9 billion. This increased to 35.9 million visits in 2004 with dollar impact of $11.7 billion $2.1 billion more than Americans spent in Canada in the same year. Of the 2003 visits, 3.8 million Canadians visited New York State and spent $340 million. These New York State visitors came primarily from the province of Ontario, with Quebec being the second largest Canadian visitor group. In 2003, there were 22 million U.S. visits to Ontario with expenditures of $4 billion, the highest percentage of visitation and spend in all of Canada. The majority of these visitors enter Ontario through the Niagara River bridges, and the Niagara Region historically records the highest percentage of U.S. visitors across the province. 4) A recent survey completed by the Niagara Parks Commission (U.S. and Canadian participants in GTA, London, adjacent U.S. states) identified that Canadians cross the border almost twice as often as Americans, and that 36% of Americans and 37% of Canadians interviewed indicated the implementation of mandatory passports would "severely curtail the number of times I would cross the border". Additionally, the concept of an enhanced Drivers License was overwhelmingly preferred by both the Americans and Canadians surveyed. 5) Simple research completed by BTA the first two weeks of October identified several U.S. businesses in Erie and Niagara Counties generating revenues from Canadian customers: a) Cultural Organizations over 50,000 visitors annually with revenues exceeding $500,000 b) Universities over 1000 students annually with revenues exceeding $6 million c) Hospitals up to 1000 patients annually with revenues exceeding $2 million d) Ski Resorts over 200,000 skiers annually with revenues exceeding $4 million e) Shopping Centers 38% of customers with revenues exceeding $15 million f) Amusement Parks over 65,000 visitors annually with revenues exceeding $1.3 million g) Restaurants 5% of annual business generating over $250,000 This information does not begin to take into account the impact of Canadian customers on sports (Buffalo Sabres, Buffalo Bills), transportation providers (Buffalo and Hamilton airports) and the much broader range of retail, commercial and leisure offerings that Western New York and Southern Ontario have to offer. Any restrictions to cross border traffic will negatively impact all of these businesses and the labor market and taxation base supported by these sectors. As well, the investments that have been made in, or are being considered for, Western New York and Southern Ontario would be drastically compromised. Considering the fragile state of the current economy, any such move would be a serious mistake causing unprecedented economic fallout and long -term government recovery support. We therefore continue to support solutions that would be most readily accepted by the general public and not hinder the ongoing and critical economic and social development of cross border regions like binational Niagara. Thank you for this opportunity to present this position, and we are confident that we can collectively arrive at the best solution to satisfy the security and economic needs of both our countries. Binational Tourism Alliance Presenter: Arlene White, Executive Director Page 3 H.R. 5286, the Secure Traveler Improvement Act of 2006 U.S. Representative Louise Slaughter Legislation to expand and enhance the NEXUS and FAST programs NEXUS and FAST allow carefully screened travelers and commercial drivers' access to expedited border crossing lanes. These joint ventures between the U.S. and Canadian governments accomplish stronger border security and economic security: Border Security: NEXUS and FAST allow our border inspectors to focus their limited resources on high -risk travelers and cargo. Economic Security: NEXUS and FAST expedite the inspections process and reduces border congestion. The U.S. currently loses $4.13 billion a year, or $471,000 an hour, due to congestion at the northern border. 400,000 travelers make up 50 percent of all northern border crossings. We need to encourage these frequent travelers and commercial drivers to enroll in the NEXUS and FAST programs. To make NEXUS and FAST stronger and more efficient, we first must address the existing barriers that contribute to low enrollment. Rep. Louise Slaughter is introducing the Secure Traveler Improvement Act of 2006, legislation that will expand and enhance NEXUS and FAST. Key provisions: Caps the price of a NEXUS /FAST card at $20 and waives the first -time renewal fee. Requires that NEXUS/FAST be acceptable documents under the Western Hemisphere Travel Initiative, as well as acceptable for re -entry into the U.S. at any border crossing. Requires NEXUS/FAST technology to be installed at additional crossings in North Dakota, Michigan, New York, Montana and Minnesota. Establishes a minimum of six new enrollment centers across the northern border, and creates new mobile enrollment centers that will sign up applicants in low participation areas. Harmonizes the enrollment and security requirements for NEXUS and FAST. Creates an online- application process and requires OHS to carry out a public awareness campaign. For more information on the Secure Traveler Improvement Act of 2006, please contact Alan Snyder in Rep. Slaughter's office at (202) 225 -3615, or alan.snyder@mail.house.gov BINATIONAL TOURISM ALLIANCE Eliminating the Barriers To Cross Border Tourism Development PRESS RELEASE Binational Tourism Alliance and Ministry of Tourism Host Tourism Industry WHTI Action Meeting For Immediate Release Buffalo /Fort Erie May 11, 2006 The Binational Tourism Alliance, in partnership with the Ontario Ministry of Tourism, is hosting a meeting for Binational Tourism and Business leaders on Friday, May 12, 2006 from 10:00 a.m. to 12:00 noon in the Grand Ballroom at Queen's Landing Inn Conference Resort in Niagara -on- the -Lake, Ontario. The purpose of this meeting is to correct the many misconceptions currently circulating in the public about the Western Hemisphere Travel Initiative, and to provide stakeholders with action steps that need to be taken to address this situation. "The Binational Tourism Alliance has been working closely with U.S. legislators, tourism and business organizations who are dealing directly with Washington on this issue" advised Del Rollo, BTA President. "Staff and board members have had the opportunity to travel to Washington and take part in Department of Homeland Security and Senate Committee presentations, as well as strategic discussions regarding the legislation and proposed changes to same. We have been very involved in this process and are extremely concerned about the lack of correct information to the tourism and business industries and general public." Attendees will learn up -to -date facts about: 1) Current amendments being proposed to the WHTI legislation in Washington and the work our U.S. tourism and trade colleagues are doing. 2) The array of identification options currently available for travelers. 3) Specific actions the tourism and business communities need to take immediately to influence these decisions. i BINATIONAL TOURISM ALLIANCE Guest speakers include: For more information, contact: Arlene White, Executive Director Binational Tourism Alliance Tel: 905 401 -4450 Email: arlene.white @btapartners.com Eliminating the Barriers To Cross-Border Tourism Development Page 2 Jim Bradley, Ontario Minister of Tourism BESTT Coalition Founding Partners: Lisa Katz, Director, Government Relations, Detroit Regional Chamber, Michigan Ken Oplinger, President/CEO, Bellingham/Whatcom Chamber of Commerce, Washington State Luke Rich, Principal, Rich Results and representing the Buffalo Niagara Partnership Al Pronick, Supervisor, NEXUS /FAST Program, Canadian Border Services Agency Anthony McKenna, Chairman, Niagara USA Chamber "This issue is far from resolved, and our opportunity to have changes made to the existing legislation and ensure the best solution for both our countries is right now." said Howard Zemsky, BTA Treasurer. "We need to rally our binational tourism and business leaders, as well as Canadian political leaders, to support the current efforts underway in Washington. The time to act is now and we must come together with one united voice to ensure the right decisions are made." This meeting is open to the public and all media. 30 The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS Section 7209 of the U.S. Intelligence Reform and Terrorism Prevention Act of December 17, 2004 called on the Secretary of Homeland Security, in consultation with the Secretary of State, to develop and implement a plan to require a passport or other document or combination of documents deemed to be sufficient to denote identity and citizenship for all travel into the United States by U.S. citizens and categories of individuals for whom documentation requirements have previously been waived; and WHEREAS the plan, known as the Western Hemisphere Travel Initiative (WHTI), will require all persons entering the United States to show identification that indicates identity and citizenship; and WHEREAS the only form of identification acceptable under the WHTI is a passport and WHEREAS research has demonstrated that a passport requirement is likely to reduce travel demand between Canada and United States to the detriment of both countries' tourist industries and economies; and WHEREAS an alternative, cheaper and more portable form of secure identification will have a substantially smaller result in curtailing travel demand than a passport requirement; and WHEREAS the U.S. Senate on May 19 voted to change the Western Hemisphere Travel Initiative's implementation date to June 1, 2009 providing more time to develop an alternative form of identification to the passport. THEREFORE BE IT RESOLVED that Niagara Falls City Council advise all parties currently engaged in working on matters related to the WHTI that it is deeply concerned about the risk to the economic health of Niagara Falls; and FURTHER BE IT RESOLVED that in light of the extension in the implementation date of the WHTI that an alternative document to the passport that is secure (including biometrics), provides proof of identity and citizenship, is in a convenient format (wallet- sized), and is inexpensive and easily obtainable be developed to the satisfaction of both Canadian and American federal government, and FURTHER BE IT RESOLVED that Niagara Falls City Council supports the position being expressed by the Binational Tourism Alliance and BESTT Coalition partners requesting amendments to the existing legislation that include (I) a single WHTI implementation date for all forms of travel; (ii) an exemption for children; (iii) further development of alternative travel documents, including REAL ID, by a bi- national industry working committee; (iv) the expansion and improvements to existing "trusted traveler" programs, such as NEXUS and FAST, including the expedited implementation of supporting technology and infrastructure; (v) the undertaking of a broad and ongoing communications program clarifying the travel documents currently available and required and encouraging the public to acquire the required travel documents; and (vi) improved training for all border services personnel to ensure consistent customer service as it relates to identification requirements at border crossings; and FURTHER BE IT RESOLVED that a copy of this resolution be forwarded to the President of the United States, Senior Officials at Department of Homeland Security, Department of State, Office of Management Budget, Government Accountability Office, U.S. Ambassador to Canada, appropriate U.S. Senators, Congressmen and National Tourism and Business Industry Officials, to ensure they are aware of the Niagara Falls concerns and position respecting the implementation of Western Hemisphere Travel Initiative; and FURTHER BE IT RESOLVED that a copy of this resolution be forwarded to the Prime Minister of Canada, the Minister of Public Safety and Emergency Preparedness, the Minister of Foreign Affairs, the Speaker of the House, Members of Parliament and the Canadian Ambassador to the United States; and FURTHER BE IT RESOLVED that a copy of this resolution be forwarded to the Premier of Ontario, the states bordering Ontario, Ontario Minister of Tourism, Chairman of I Love New York, the Travel Industry Association of Canada (TIAC), the Travel Industry Association of America (TIA), the Canadian Tourism Commission, the Tourism Federation of Ontario, the New York State Hospitality Tourism Association, Hospitality and Tourism Associations of states bordering Ontario, Business for Economic Security Trade and Tourism Coalition (BESTT), the Great Lakes Governors and Great Lakes Mayors. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR ROTARY CLUB of Niagara Falls SUNRISE City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. Dean Iorfida Dear Sir: Please consider this letter as a formal petition from the Rotary Club of Niagara Falls Sunrise. We would request that Council of the Corporation of the City of Niagara Falls adopt a resolution to recognize this year's "Niagara Falls Sunrise Rotary Ribfest" as a designated "Community Festival This year's show dates are June 16, 17, and 18, 2006. We would also take this opportunity to invite all the City Alderman and City staff to visit "Rotary Ribfest" I have enclosed a copy of our "Ribfest" brochure for your information. Yours truly, Rotary Niagara Falls Sunrise Tony Vis "Rotary Ribfest" Committee Chair "He profits most who serves best" "Service above self' MEETINGS: THURSDAYS, 7:30 AM SHERATON FALLSVIEW HOTEL 6755 FALLSVIEW BLVD., NIAGARA FALLS L2G 3W7 www.niagarafallsrotary.org Clerk's Department Inter Departmental Memorandum The City F all s of Niagara Fs Canad� To: Mayor Ted Salci Date: May 29, 2006 Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Special Occasion Permit The "Niagara Falls Sunrise Rotary" is holding its second annual Ribfest. To obtain the appropriate Special Occasion Liquor Permit from the Alcohol Gaming Commission (AGCO), the event must designated as a community festival (see below). An appropriate resolution is included for Council's consideration. Community Festival (Sale) The event must be designated as a Community Festival by a resolution of the municipal council or a delegated municipal official and are to be conducted by a charity, non -profit corporation, organization or association for the advancement of charitable, educational, religious or community objects. The permit must include a letter from the municipal council, the municipal clerk or delegated official designating the event as a Community Festival (applicants for Community Festivals are the same as for Fundraising events). Working Together to Serve Our Community c4x4oe I4ceae FAD The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS the Rotary Club ofNiagaraFalls Sunrise is planning their second annual "Ribfest" from June 16 18`", 2006 at the Optimist Club; and WHEREAS the Rotary Club of Niagara Falls Sunrise financially supports numerous community organizations and projects; and WHEREAS this event is expected to attract between 40,000 to 75,000 persons from throughout Ontario and Western New York; and WHEREAS this event will assist the Rotary Club in reaching their financial objectives for giving funds to the community and for international projects. THEREFORE BE IT RESOLVED that the Rotary Club of Niagara Falls Sunrise Ribfest is a community event deserving of City Council support. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed:AND the seal of the Corporation be hereto affixed. Capital Account No, Capital Project Description 12 -3- 210017- 030000 Fire Services Station 1 Renovations $170,000 10 Years and Upgrade 12 -3- 210019- 030000 Fire Services Aerial Truck Purchase 12 -3- 210032 030000 Fire Services Station 6 Replacement Fire Services Interoperability Radio Upgrade Fire Services Pumper Purchases Fire Services Equipment for Pumpers Fire Services Rescue Vans Purchases 12 -3- 310016 030000 Municipal Works Dorchester Road Environmental Assessment May 29, 2006 Financing Retirement Request Term 500,000 10 Years 600,000 10 Years 70,000 10 Years 375,000 10 Years 70,000 10 Years 120,000 10 Years 3,700,000 10 Years 12 -3- 420013- 030000 Municipal Works McRae Stamford 215,000 10 Years Streets Reconstruction 12 -3- 730003 030000 12 -3- 730005- 030000 12 -3- 710023 030000 -2- Municipal Works Park Street Sewer Separation Parks, Recreation Culture Mac Bain Community Centre Parks, Recreation Culture Patrick Cummings Sports Complex Parks, Recreation Culture Redmond/Coronation Library Victoria Avenue Branch Automation 12 -3- 330001 030000 Niagara Falls Transit Transit Coaches Administration Downtown Community Improvement Plan Public Realm Improvements DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR 1,404,000 10 Years 12,300,000 20 Years 80,000 10 Years 100,000 10 Years 90,000 10 Years 718,000 10 Years 1,410,000 10 Years $21,922,000 Niagara City of s Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls Members: RECOMMENDATION: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: (905) 356-7521 (905) 356 -2354 edujlovi ©city.n iagarafalls.on.ca May 29, 2006 Re: MW- 2006 -57 Contract 2006 172 -06 Murray Street Cul -de -Sac Construction Allendale Hydro Entrance Construction Dorchester Road Boulevard Improvements Ed Dujlovic Director It is recommended that the unit prices submitted by the low tenderer, Hardrock Paving Company Limited, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 9, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by nine (9) Contractors and five (5) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the five (5) Contractors. 1. Hardrock Paving Company Ltd 2. Circle P. Paving 3 Rankin Construction 4. Steed and Evans Limited 5. Alfidome Construction Limited (Port Colborne) (Stevensville) (St. Catharines) (Thorold) (Niagara Falls) 114,826.00 116,355.00 116,994.00 117,362.15 124,471.00 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services MW- 2006 -57 May 29, 2006 MW-2006 -57 The lowest tender was received from Hardrock Paving Company Limited in the amount of $114,826.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was 125,500.00. Project Costs: Awarded Contract (excluding GST) TOTAL Approved by: 1 Funding: 2006 Capital Budget Murray/Dixon Cul -de -Sac Account No. 12 -3- 310037 030000 2006 Capital Budget Dorchester Road Environmental Assessment Account No. 12 -3- 310016- 030000 This project is scheduled to commence in June 2006 and all work is to be completed within 40 working days. Additional funds remaining in the Murray/Dixon Cul -de -Sac account will be utilized to construct the Dixon Street cul -de -sac once approval has been obtained. Council's concurrence with the recommendation made would be appreciated. Prepared by: Frank Tassone Project Manager Ed Dujlovic, P.Eng. Director of Municipal Works TOTAL Respectfully Submitted by: 114,826.00 114,826.00 73,461.42 41,364.58 $114,826.00 John MacDonald Chief Administrative Officer The City of Niagara Fall Canad� Aoseel Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -58 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 May 29, 2006 Re: MW- 2006 -58 Tender 2006 155 -05 Dorchester Road Reconstruction from Highway 420 to Morrison Street It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 9, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eighteen (18) Contractors and five (5) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the five (5) Contractors. 1. Alfidome Construction Ltd. (Niagara Falls) $3,257,360.00 2. Hard Rock Construction (Port Colborne) $3,314,997.50 3 Rankin Construction Inc. (St. Catharines) $3,327,883.00 4. Alfred Beam Excavating Limited (Fort Erie) $3,467,897.00 5. Nexterra Substructures Incorporated (Niagara Falls) $4,696,113.25 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 29, 2006 2 MW-2006-58 The lowest tender was received from Alfidome Construction Ltd. in the amount of $3,257,360.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $4,300,000.00 Project Costs: Awarded Contract $3,257,360.00 Utility Relocations 267,000.00 Land Acquisition 300,000.00 Regional Municipality of Niagara Traffic Signal Installations 250,000.00 MTO Traffic Signal Installation 100,000.00 Street Lighting Materials 100,000.00 MTO Encroachment Permit 450.00 MOE Approval 2,300.00 Morrison Hershfield Limited 130,000.00 Dorchester Road Curb Construction Thorold Stone Road to Waterloo Drive Contract 2006 172 -06 41364.58 TOTAL $4,448,474.58 Funding: 2006 Municipal Works Capital Projects Budget Dorchester Road Environmental Assessment Account #12-3-310016-030000 $4,730,000.00 The contract with Alfidome Construction is for the construction of storm sewers from Highway 420 to Cropp Street and on the Dawson Street extension, watermain replacement from Highway 420 to Morrison Street, the underground for the traffic signal installations, street lighting on the east side of Dorchester Road and road reconstruction on Dorchester Road from Highway 420 to Morrison Street, and all construction related to the reconstruction of the Morrison Street intersection and the extension of Dawson Street to the west. The construction of this storm sewer completes the storm sewer separation in this area. This project is scheduled to commence on June 12, 2006, pending receiving MTO, MOE and CNR approvals. The Dawson Street intersection and extension are to be completed by September 1 with all work to be completed by September 22, 2006 except for the CNR crossing and the top asphalt. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 29, 2006 3 MW- 2006 -58 The CNR will be reconstructing the rail crossing to four lanes and installing the new railway signals in the spring of 2007. The remaining road works at the CNR crossing and the top asphalt will be completed by Alfidome Construction in 2007, in conjunction with the CNR work. Until the spring of 2007, the road crossing at the CNR will remain as two lanes and will be controlled by concrete barriers similar to the Montrose Road at CNR crossing. Council's concurrence with the recommendation made would be appreciated. Prepared by: acp Bob Darrall Project Manager Approved by: Ed Dujlovic Director of Municipal Works Respectfully submitted: at u John MacDonald Chief Administrative Officer V:\2006COUNCIL \060529\MW- 2006 -58 Tender 2006 155 -05 Dorchester Road Reconstruction from Hwy. 420 to Morrison Street.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services The City of ad Niagara Falls Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: Community Services Department MW- 2006 -59 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 May 29, 2006 Re: MW- 2006 -59 Contract 2006 -09 2006 Crack Sealing Program It is recommended that the unit prices submitted by the low tenderer, Niagara Crack Sealing, be accepted and that council authorizes the Mayor and City Clerk to sign an agreement with Niagara Crack Sealing. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 16, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by four (4) Contractors and two (2) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the two (2) Contractors. 1. Niagara Crack Sealing (Port Colborne) $62,295.00 2. Road Savers 2000 Ltd. (Rexdale) $63,100.00 The lowest tender was received from Niagara Crack Sealing in the amount of $62,295.00. Niagara Crack Sealing has done work for the City in past years and their workmanship was found to be acceptable. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development May 29, 2006 -2- MW- 2006 -59 Financing: The Engineer's estimate for this contract was $66,400.00. Project Costs: Awarded Contract $62,295.00 This project is scheduled to commence in June and all work is to be completed within 30 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Brad Simpson C.E.T. /J John MacDonald Municipal Works Permit Co- ordinator Approved by: Funding: 2006 City Operating Fund Roadway Services Account No. 11-3-311000-040000 $66,400.00 Ed Dujlovic, P Eng Director of Municipal Works S: REPORTS 2006 Reporu'f W- 2006 -59 Crack Sealing Progremwpd Respectfully submitted: Chief Administrative Officer Niagara City of s Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @niagarafalls:ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 29, 2006 Re: MW-2006-61 Supply and Installation of Pay Display Machines Replacement Program Year 4 1) That the contract for the Supply and Installation of Pay and Display Equipment, be awarded to Electromega Ltd. under RFP #P50 -2005 contract prices, at an upset limit of 180,000.00; and further 2) That the Mayor and the Clerk be authorized to execute the necessary agreements. This is year four of the five -year replacement program to complete the replacement of antiquated parking meters throughout the City. As well, older non supported' parking lot pay and display machines are being phased out. Due to the rapid change in technology, an annual RFP (Request for Proposal) will be submitted to qualified companies to ensure that the machines purchased annually are state -of -the -art with reduced potential for premature redundancy. Pay Display technology provides the following features not provided by parking meters: credit card acceptance Tax receipt and complete auditing capability reduced maintenance and coin collection costs ability to change parking rates without the costly upgrade costs statistical analysis advanced security features to reduce potential of vandalism and theft remote monitoring for quicker maintenance response MW- 2006 -61 Ed Dujlovic Director Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 29, 2006 2 MW- 2006 -61 limited occurrence of coins not registering ability to promote goods and services in a particular BIA area through changeable ticket parameters RFP #P50 -2005 was requested with a "Keeping Costs Down" approach, whereby the successful Vendor with the best overall solution calculated on a 10 -year life cycle would be awarded the contract. Electromega was by far offered the best solution in this regard. The City currently has four different suppliers of Pay and Display equipment. Of these four suppliers, Electromega continues to supply the best overall solution with the most cost effective approach to meet the needs of our City. Electromega Ltd. has agreed to supply our 2006 complement of Pay Display machines at the 2005 RFP quoted price. Therefore, staff is recommending that this year's Pay Display machines be purchased from Electromega Ltd. Electromega Ltd has an excellent record in the Traffic and Parking Community and has been in business for more than 30 years. Financing: The estimated amount for the project is $180,000.00. Total project cost will have an upset limit of $180,000.00 including PST. Funding: Account Parking Fund Capital Account Council's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Respectfully submitted: /K-e 144 Karl Dren, C.E.T. Manager of Traffic Parking Services Approved by: C Ed Dujlovic, P.Eng. Director of Municipal Works $180,000.00 John MacDonald Chief Administrative Officer S: \TPS\TPS 1.00 Administration \TPS 1.06 Reports\2006 CounciAMay 29\MW- 2006 -61 Supply and Installation of Pay Display Machines Year 4.wpd Niagara Cary of s Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: FINANCING: Community Services Department MW- 2006 -62 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 May 29, 2006 Re: MW- 2006 -62 Mechanic Street/Keller Street Road and Services Reconstruction Detailed Design Consultant Agreement It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Denco Engineering Ltd. for the Consulting Engineering Services to reconstruct the Mechanic Street and Keller Street road and services for the upset limit of $12,950.00 excluding GST. The Niagara Region has recently completed the Water Treatment Plant Rehabilitation that has resulted in damaging the Mechanic Street and Keller Street roadways. The City has completed an investigation of the underground services to determine the scope of the improvement works in this area. The results indicate that the sanitary sewer and cast iron watermain are in need of replacement along with the roadway improvements. The Niagara Region has agreed to cost -share in the improvement as these works were initiated by the damages to the roadway caused by their facility rehabilitation. As per the City's Consultant Selection Policy, direct appointment can be completed for consultants up to a maximum of $60,000.00. Therefore, Denco Engineering Ltd. have been selected to complete the design for this project based on their experience on similar projects both in the City of Niagara Falls and the Niagara Region. Staff is therefore recommending that they be retained for this work. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 29, 2006 2 MW- 2006 -62 It is estimated that the design and construction costs for this project will be $265,000.00 and will be funded as follows: 85,000.00 Niagara Region (to be confirmed) 20,000.00 Watermain Replacement Program $105,000.00 Sewer Reserves 55,000.00 Capital Holding Council's concurrs e of the subject recommendation would be appreciated. Respectfully submitted: Rick Vo1p CET Project Mana_ -r Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works S:\REPORTS\2006 Reports\MW- 2006 -62 Mechanic St. Keller St John MacDonald Chief Administrative Officer The City of Niagara Falls Canada e His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Community Services Department R- 2006 -20 Denyse Morrissey Parks, Recreation Culture Director 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) 356-7404 E -mail: dmorrissey @city.niagarafalls.on.ca May 29, 2006 Re: R- 2006 -20 2006 Proposed Cemetery Fees RECOMMENDATION: 1. That the changes to the 2005 Cemetery Fees, as specified in the attached Cemetery Fee Schedule, be approved effective July 1, 2006. 2. That following City Council's approval, the 2006 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. In reviewing the recommended annual cemetery rates comparison with the fees of other cemeteries, including municipal, and private operators is undertaken. Approximately ten municipal cemeteries were surveyed recently to compare prices, including municipal cemeteries within the Niagara Region and a number of municipal cemeteries outside the region including Brampton, Oakville, Kitchener and Owen Sound. The recommended fees, as attached, reflect a 3.5% in increase for lot sales, interments and cemetery surcharges. The 1% reduction in GST will be implemented as well effective July 1, 2006. Stamford columbarium (cremation niches) fees reflect an increase of approximately 7 consistent with the business plan to ensure these columbarium prices are increased, incrementally, over a five -year time line to be in line with the Fairview columbarium fees. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 29, 2006 Cynthia Roberts Manager of Cemeteries Operations Planning Recommended by: Denyse Morrissey Director of Parks, Recreation Culture CR/das Attachment 2 Prepared by: Respectfully submitted: Ili I I ohn MacDonald Chief Administrative Officer S: \Council \Council 2006\R- 2006 -20 2006 Proposed Cemeteries Fee Schedule.wpd R- 2006 -20 RESIDENT INTERMENT RIGHTS (Lot Sales) CEMETERY FEE CARE MTNCE TRUST FEE TOTAL FEE 6% GST TOTAL CHARGE Adult Single Lot 552.00 368.00 920.00 55.20 975.20 Preferred Adult Single Lot 612.00 408.00 1020.00 61.20 1081.20 Adult Two Lot Plot 1104.00 736.00 1840.00 110.40 1950.40 Preferred Adult Double Lot 1224.00 816.00 2040.00 122.40 2162.40 Adult Three Lot Plot 1656.00 1104.00 2760.00 165.60 2925.60 Adult Six Lot Plot 3312.00 2208.00 5520.00 331.20 5851.20 Child /Infant Single Lot (Fairview) 153.00 102.00 255.00 15.30 270.30 Stillborn Single Lot (Lundy's Lane) 117.00 78.00 195.00 11.70 206.70 Cremation Plot (Four Lots) 276.00 184.00 460.00 27.60 487.60 Preferred Cremain Plot 336.00 224.00 560.00 33.60 593.60 ttESIUbN I IN 1 bRMtN 1 StRVII. S (Burial Fees) CEMETERY FEE PROVINCIAL FEE TOTAL FEE 6% GST TOTAL CHARGE Adult Casket Burial 700.00 10.00 710.00 42.60 752.60 Child Casket Burial 310.00 10.00 320.00 19 20 339.20 Infant/Stillborn Casket Burial 185.00 10.00 195.00 11.70 206.70 Cremains Urn Burial 200.00 N/A 200.00 12.00 212.00 Cremains Scatter Burial (Fairview) 125.00 N/A 125.00 7.50 132.50 Cremains Urn Burial Double (Admin. Fee) 50.00 N/A 50.00 3.00 53:00 Interment Cancellation Casket 260.00 N/A 260.00 15.60 `275:80 Interment Cancellation Urn 115.00 N/A 115.00 6.90 12 1 �s4 One Time Care Mtnce Fee 200.00 12.00 217.00 NON RESIDENT INTERMENT RIGHTS (Lot Sales) CEMETERY FEE CARE MTNCE TRUST FEE TOTAL FEE 6% GST 1 TO.TAL.2 CHARGE-., Adult Single Lot 828.00 552.00 1380.00 82.80 lain Adult Two Lot Plot 1656.00 1104.00 2760.00 165.60 2925:60 Adult Three Lot Plot 2484.00 1656.00 4140.00 248.40 4388.40 Adult Six Lot Plot 4968.00 3312.00 8280.00 496.80 .:8F7B.80 Child /Infant Single Lot (Fairview) 231.00 154.00 385.00 23.10 401110 Stillborn Single Lot (Lundy's Lane) 174.00 116.00 290.00 17.40 .307.40 Cremation Plot (Four Lots) 414.00 276.00 690.00 41.40 731.40 NON RESIDENT INTERMENT SERVICES (Burial Fees) CEMETERY FEE PROVINCIAL FEE TOTAL FEE 6% GST TOTAL CHARGE Adult Casket Burial 1050.00 10.00 1060.00 63.60 1123.60 Child Casket Burial 465.00 10.00 475.00 28.50 503.50 Infant/Stillborn Casket Burial 280.00 10.00 290.00 17.40 307.40 Cremains Urn Burial 300.00 N/A 300.00 18.00 318.00 Cremains Scatter Burial (Fairview) 190.00 N/A 190.00 11.40 201.40 Cremains Urn Burial Double (Admin. Fee) 50.00 N/A 50.00 3.00 ;..53.00 Interment Cancellation Casket 390.00 N/A 390.00 23.40 41:3:40 Interment Cancellation Urn 172.00 N/A 172.00 10:32 182:32 PLEASE NOTE: 1) All Committal Service scheduling is at the approval of the Cemetery's Section based on location, weather, staff availability the number Of services requested by Funeral Directors per day 2) Monday to Friday Interment Services (except on statutory or City Holidays) may be scheduled between 10:00 a.m. 3:15 p.m. On 3) Saturday Services may be scheduled between 10:00 a.m. and 2:00 p.m. only 4) Sunday Statutory Holiday Interment Services may be scheduled between 11 :00 a.m. 2:00 p.m. 5) A "Scheduled" Funeral Late Arrival other Interment surcharges will apply as Indicated In the Cemetry Fee Schedule "Interment Surcharges 6) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional "Funeral Crew Standby" fee. 7) Funeral Directors are responsible for advising families, in advance, of potential funeral late charges applicable surcharges. One Time Care Maintenance Fee is charged for an Interment (Full Body or Cremation) that takes place In a plot that was purchased prior to 1955. CITY OF NIAGARA FALLS PARKS, RECREATION CULTURE CEMETERIES FEE SCHEDULE Effective July 1, 2006 ADMINISTRATION SERVICES CEMETERY TOTAL FEE 6% GST CHARGE Interment Rights Transfer 50.00 3.00 53.00 Interment Rights Exchange 50.00 3.00 53.00 Interment Rights Replacement/Duplicate 25.00 1.50 26.50 Double Cremain Interment/Companion Um 50.00 3.00 53.00 Cemetery Records Search 25 per hr. 1.50 hr. 26.50 hr MEMORIAL PROGRAM Memorial Tree 300.00 18.00 318.00 Memorial Bench 1250.00 75.00 1325.00 Memorial Marker Maple Grove Memory Lane (includes inscription) 350.00 21.00 371.00 INTERMENT SURCHARGES Weekday Funeral Late Arrival Scheduled After 3:15p.m. 90.00 5.40 95.40 Funeral Crew Standby Weekdays Funeral procession arrives after scheduled time 25 per 1/4 hr. 1.50 26.50 114 hr Saturday Casket Burial Arrival Before 2:00 p.m. 315.00 18.90 333.90 Sunday Holiday Casket Burial Arrival Before 2:00 p.m. 400.00 24.00 424.00 Saturday Cremains Burial Arrival Before 2:00 p.m. 165.00 9.90 174.90 Saturday Scatterin Burial Arrival Before 2:00 p.m. 90.00 5.40 95.40 Sunday /Holiday Cremains Burial Arrival Before 2:00 p.m. 260.00 15.60 275.60 Funeral Crew Standby Sat., Sun. Holidays Funeral procession arrives after scheduled time 35 per 1/4 hr. 2.45 37.45 1/4 hr Tent Rental (Child /Stillborn /Cremains Burials) 165.00 9.90 174.90 Tent Rental Only (Saturdays /Sundays /Holidays) 335.00 20.10 355.10 Less Than 8 Working Hours Casket Burial Order 160.00 9.60 169.60 Less Than 8 Working Hours Cremains Burial Order 80.00 4.80 84.80 Lower Seal Concrete Vault/Liner Lid 30.00 1.80 31.80 Lower Concrete Vault/Liner Box 50.00 3.00 53.00 FOUNDATION /MARKER INSTALLATION SERVICES CEM. FEE 6% GST TOTAL CHARGE Concrete Foundation Per Cublic Foot Supply Install 19.00 1.14 2014 Foundation Installation (Minimum Charge) 223.00 13.38 236.38 Pre -Pour Foundation (Section Q P Double Plots) 310.27 18.62 328.89 Foundation Removal 150.00 9.00 159.00 Veteran Upright Marker Setting 80.00 4.80 84.80 Small Flat Marker Setting Under 172 Square Inches 50.00 3.00 53.00 Large Flat Marker Setting Over 172 Square Inches 80.00 4.80 84:80 Corner Markers Setting (Per Set of 4) 45.00 2.70 47.70 MARKER CARE MAINTENANCE FEE CARE MTNCE. 6% GST TOTAL Flat Marker Over 172 Square Inches 50.00 3.00 53.00 Upright Marker Including Base Up To 4 Feet High/Long 100.00 6.00 106.00 Upright Marker Including Base Over 4 Feet High/Long 200.00 12.00 212.00 DIS INTERMENT SERVICES CEM. FEE 6% GST TOTAL Adult/Child Dis- interment Only' 900.00 54.00 954.00 Adult/Child Re- interment 1600.00 96.00 1696.00 Infant/Stillborn Dis- interment Only' 300.00 18.00 318.00 Infant/Stillborn Re- interment 495.00 29.70 524.70 Cremains Dis-interment Only' 150.00 9.00 "15.00 Cremains Re- inter ment 350.00 21.00 371.00 Remains are removed from Municipal Cemetery PLEASE NOTE: 1) Dis- interments will take place on a day and at a time determined by the Manager of Cemeteries or designate. 2) Dis interments may be scheduled from May 1st to November 1st only 3) Dis- interments not in a vault will be contracted out will be the responsibility of the Funeral Director 4) The Funeral Director is responsible for the scheduling all related costs of: casket/um/vault removal vault/um unsealing resealing Niagara Regional Health Unit CEMETERY FEE SCHEDULE RESIDENT NICHE LEVEL A G CEMETERY FEE CARE &MTNCE TRUST FEE TOTAL FEE 6% GST TOTAL CHARGE Single Niche 344.00 86.00 430.00 2580 455.80 Double Niche 688.00 172.00 860.00 51.60 911.60 Double Niche C D 1000.00 250 00 1250.00 75.00 1325.00 RESIDENT NICHE LEVEL B F Single Niche 408.00 102.00 510.00 30.60 540.60 Double Niche 816.00 204.00 1020.00 61.20 1081.20 Double Niche 8 E 1320.00 330.00 1650.00 99.00 1749.00 NON-RESIDENT NICHE LEVEL A G 1500.00 375.00 1875.00 112.50 1987.50 Single Niche 516.00 129.00 645.00 38.70 683.70 Double Niche 776.00 194.00 970.00 58.20 1028.20 Bronze Wreath includes Inscription Installation 325.00 325.00 19.50 344.50 NON RESIDENT NICHE LEVEL e F Single Niche 612.00 153.00 765.00 45.90 .810.90 Double Niche 920.00 230.00 1150.00 69:00 1219.00 RESIDENT Singlelnumment 150.00 9.00 159.00 COLUMBARIUM PRODUCT Stamford Green CEMETERY FEE GST PST TOTAL GLASS Single Niche 30.00 1.80 2.40 34.20 GLASS Double Niche 50.00 3.00 4.00 57.00 BRONZE Single Niche 300.00 18.00 24.00 342.00 BRONZE Double Niche 400.00 24.00 32.00 456.00 NAME PLATE Bronze Plaque PB0001 (6.5' x 1.5") 175.00 10.50 14.00 199.50 CAMEO PHOTO STAND PS0100 150.00 9.00 12.00 171.00 OPENING CLOSING CEMETERY FEE GST TOTAL RESIDENT Single lnumment 75.00 4.50 79.50 NON RESIDENT Single Inurnment 100.00 6.00 106.00 Double Cremaln InummenUCampanlon Um' 30.00 1.80 31.80 RESIDENT CEMETERY FEE CARE MTNCE TRUST FEE TOTAL FEE 6% GST TOTAL CHARGE Double Niche A F 800.00 200.00 1000.00 60.00 1060.00 Double Niche 8 E 880.00 220 00 1100.00 66.00 1166.00 Double Niche C D 1000.00 250 00 1250.00 75.00 1325.00 NON RESIDENT Double Niche A F 1200.00 300.00 1500.00 90.00 1590.00 Double Niche 8 E 1320.00 330.00 1650.00 99.00 1749.00 Double Niche C D 1500.00 375.00 1875.00 112.50 1987.50 COLUMBARIUM PRODUCT Trillium Court CEMETERY FEE 6% GST 8% PST TOTAL Bronze Wreath includes Inscription Installation 325.00 325.00 19.50 344.50 OPENING CLOSING CEMETERY FEE 6% GST TOTAL RESIDENT Singlelnumment 150.00 9.00 159.00 NON RESIDENT Single lnumment 225.00 13.50 238.50 Double Cremaln Inumment/Campanlon Um' 50.00 3.00 53.00 administrative fee for the 2nd lnumment if taking place the same time as the first) administrative fee for the 2nd lnumment If taking place the same time as the first COLUMBARIUM FEES Effective July 1, 2006 STAMFORD GREEN HERITAGE COLUMBARIUM FAIRVIEW CEMETERY TRILLIUM COURT The City of Niagara Falls Canada apol Community Services Department R- 2006 -18 Parks, Recreation Culture 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) 356-7404 E -mail: dmorrissey @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: May 29, 2006 Re: R- 2006 -18 Renewal of Lease for the Seniors Boutique and Craft Outlet RECOMMENDATION: That Council approve the renewal of the Lease for the Senior Boutique and Craft Outlet. BACKGROUND: Denyse Morrissey Director The Seniors Boutique and Craft Outlet, located on Main Street is adjoined to the Coronation 50 Plus Recreation Centre but is independently operated by a community support volunteer base. Its major role is to provide an outlet for seniors' crafts and to offer light refreshments to both Coronation members and the public. A yearly Lease agreement was established in March 2004 and was renewed for a further year in March 2005. The Lessee, (Seniors Boutique and Craft Outlet) did not inform the Lessor (City of Niagara Falls) their intention to renew whilst the Lease was still current, therefore has now expired. They have since indicated they would like to renew the lease for a further one -year duration. The rent will remain at $417.50, plus applicable GST, per month in advance on the first day of each month. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 29, 2006 It is requested that Council consider and approve the renewal of the Senior Boutique and Craft Outlet lease agreement. Prepared by: Hanya Go orth Seniors' Coordinator Recommended by: Yit- 49h1 Denyse Morrissey Director of Parks, Recreation Culture HG /das 2 Respectfully submitted: John MacDonald Chief Administrative Officer S: \Council \Council 2006\R- 2006 -18 Renewal of Lease Agreement for Seniors Boutique.wpd R- 2006 -18 Niagara Cary F of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Tel.: Fax: E -mail: RECOMMENDATION: Community Services Department R- 2006 -19 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 (905) 356-7521 (905) 356-7404 d m o rri s s ey@ n i ag a rata l l s. ca May 29, 2006 Re: R- 2006 -19 Arena Complex Development Project Agreement Between the Selected Architects and the City of Niagara Falls That the Mayor and Clerk be authorized to execute an agreement with Barry-Bryan Associates Limited to plan, design, and provide contract administration/construction services for the Arena Complex. BACKGROUND: The Steering Committee for the Arena Complex Development Project completed a competitive process to select an architect for the Arena Complex Project. It was recommended that the firm Barry-Bryan Associates (BBA) be retained to plan, design and provide contract administration/construction services for the Arena Complex Project. The recommendation was considered by Council in Report R- 2005 -49 which outlined the architect selection process. Council approved the Steering Committee's recommendation and retained BBA on September 29, 2005. BBA prepared an Ontario Association of Architects Standard Form of Contract for Architectural Services that has been reviewed by Staff and is consistent with the proposal submitted by the Architect. The Agreement describes the roles and responsibilities of the Architect, provides for adequate professional liability insurance coverage, and itemizes the general fees of the Architect: Recommended by: Architectural Design and plans FFE and signage, Contract Administration/Management l it Ain Denyse Morrissey Director of Parks, Recreation Culture DM/das $800,000 $250,000 $450,000 Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Niagara City of s Niagara Falls CanadJ His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario BACKGROUND: Garden Brothers Circus Shrine Circus Instant Replay Flyball Team Niagara Falls Boxing Club Festival Concerts Festival Cheerleading Community Services Department R- 2006 -21 Denyse Morrissey Parks, Recreation Culture Director 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: (905) 356-7521 (905) 356 -7404 d morrissey @city. n iagarafalls.on.ca June 10 -11, 2006 July 10, 2006 July 15 -16, 2006 July 20, 2006 November 18 -20, 2006 December 1 -3, 2006 May 29, 2006 Members: Re: R-2006-21 2006 Special Events Agreements RECOMMENDATION: That the Mayor and Clerk be authorized by Council to sign all Agreements related to the various events being held at the Niagara Falls Memorial Arena in 2006. A number of special events are currently scheduled and are booked to be held at Niagara Falls Memorial Arena in 2006. Several of these events are reoccurring events that have taken place in the Arena for many years. As has been the practice in the past, staff has negotiated all arrangements with the event organizers using a standardized rental agreement developed by the City's Legal Division. The following events require Agreements and execution by -laws: Prepared by: Respectfully submitted: Step hk Hamilton, anag of Recreation Facilities John MacDonald Community Development Chief Administrative Officer Recommended by: r u 44th Denyse Morrissey Director of Parks, Recreation Culture Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Niagara City of s Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department FS- 2006 -05 Fire 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) 356 -7404 E -mail: pburke @city.niagarafalls.on.ca May 29, 2006 Re: FS- 2006 -05 Lease Agreement with the Niagara Falls Curling Club and Working Agreement with Echelon Response and Training Inc. Patrick Burke Fire Chief That Council approve the 10 year lease agreement with the Niagara Falls Curling Club and a working agreement with Echelon Response and Training Inc. for a joint training venture. And further that the Fire Chief be authorized to execute similar agreements, on an ongoing basis, related to temporary use of private property, subject to the approval of Legal Services. Niagara Falls Fire Services has provided the highest level of training achievable for the protection of our fire fighters and the public. During the past few years, legislated requirements have placed an additional onus on fire services to provide standardized training content in order to reduce liabilities and improve safety. In order to meet this end, we have utilized training props and acquired facilities whenever possible. Recently, a longer term solution was identified that provides for significant training opportunities in three major Fire Services disciplines: hazardous materials, confined space and trench rescue. Space requirements on our existing fire facility grounds for this training opportunity are limited. However, a renewed relationship with our Fire Station 1 neighbours on Morrison Street has provided a mutually beneficial arrangement that will satisfy our space needs. The Niagara Falls Curling Club has offered an abutting section of land for lease so we can expand our training grounds. Our Legal Division has reviewed the lease and our insurance carrier has also been consulted. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 29, 2006 If this land is leased, a local response and training contractor that we work closely with is offering a partnership to provide much of the training ground structures in return for occasional use of the grounds. The structures would include a series of large diameter pipes, vaults, a tractor trailer, a rail car and an open trench. A working agreement would be created to satisfy both partners in accessing the facilities for training. We will also be able to offer training options to our Public Works division and possibly others. FUNDING: Funding for the lease, which will be less than $4,000 in 2006, can be derived from the Operating Budget. Prepared by: i fite i Lee Smith Assistant Chief Recommended by: Patrick Burke Fire Chief 2 FS- 2006 -05 espectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 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 twenty-ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 29, 2006. May 29, 2006. May 29, 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 John Formica William Graham Brian Green Steve Hamilton Kevin Howe Les Jarvis Norm Leonard Jason MacLean Rob McDonald Edward Allan McDonnell John McLeod John McPherson Shawna McSporran 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 establish Block 70 on Plan 59M -307 as a public highway, to be known as and to form part of Beaverton Boulevard. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 70 Plan 59M -307, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 70 Plan 59M -307 that is hereby established as a public highway, be known as and form part of Beaverton Boulevard. Passed this twenty-ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 29, 2006. May 29, 2006. May 29, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Block 71 on Plan 59M -307 as a public highway, to be known as and to form part of Brookside Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 71 Plan 59M -307, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 71 Plan 59M -307 that is hereby established as a public highway, be known as and form part of Brookside Drive. Passed this twenty -ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 29, 2006. May 29, 2006. May 29, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of an Agreement with Garden Circus Corp. respecting the use of the Niagara Falls Memorial Arena for a circus event. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated April 12, 2006 and made between Garden Circus Corp. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for a circus event to be held on June 10 and 11, 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 twenty -ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 29, 2006 May 29, 2006 May 29, 2006 THIS AGREEMENT MADE THIS 12th DAY OF April, 2006. BETWEEN: GARDEN CIRCUS CORP. 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 MEMORIAL ARENA (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with a CIRCUS (hereinafter referred to as "the Event AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. SEE Schedule I 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 Agreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of a CIRCUS on the following dates: Friday, June 9, 2006 MOVE IN DAY Saturday June 10, 2006- SHOW DAY Sunday June 11, 2006- SHOW DAY Payment: 2. The Licensee agrees to pay to the City a rental fee of $10,837.64 G.S.T. included. $EE Schedule 2 2 3. 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. S /A 4. The Licensee agrees to reserve for the City 25 FAMILY complimentary tickets for the Event. Please send with execution of agreement. Complimentary Tickets: Facilities. Equipment and Personnel: 5. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: Arena Floor Five Change Rooms Blue Line Room (for Souvenir Storage) Box Office Parking Lot Minimal Storage (b) Equipment: Garden Circus Corp. to supply and set -up all equipment they require. (c) Personnel: Ticket Takers and Ushering Staff Security and Door Staff Washroom Attendants Parking Lot Attendants Electrician, as required, to hook up power on move in day and disconnect when the event is over. Garden Circus Corporation to confirm approximate times in advance. Maintenance and supervisory staff on duty between 8:00 a.m. and 12:00 midnight daily. Cleaning and 1-Ieating of the Arena: 6. condition. 7. 3 The Licensee shall use its best efforts to keep and maintain the Arena in a clean The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Changes: 8. 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. 9. 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: 10. 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: 11, The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena at the conclusion of the Event See Schedule 1. 12. The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances 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. 4 13. 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. Concessions: 14. The Licensee agrees to the concession arrangements herein as outlined on Schedule #3. Advertisine 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. 5 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 Aa rn oval: 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. nsuran ce: Termination: 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. 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, by reason of vandalism or other malicious acts, 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. Gender: Licensee: 7 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. 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: Buddy Lowe, Superintendent of Recreation Facilities, Arenas Telephone: (905) 358-3808, Ext. 221 Fax: (905) 354-9119 E -Mail: blowe®city.niagarafalls.on.ca Richard Garden, Vice President Garden Circus Corp. 3321 Caroga Drive Mississauga, Ontario L4V IA3 Telephone: (905) 671-4111 Fax: (905) 671.4110 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. 8 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. Severability: 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 term 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, 0.O.1, as amended. 38. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that their 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: 9 40. The Licensee shall pay all assessments, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, c. W.11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 41. This agreement shall be construed in accordance with the laws of the Province of Ontario. Whole Agreement: 42. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF 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. Name: Richard Garden, Title: Vice President, Garden Circus Corp. Name: Title: I have the authority to Bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Title: Mayor Name: Title: Clerk 10 ScheduleI NIAGARA FALLS MEMORIAL ARENA Hours of Use Friday, June 9, 2006 8:00 a.m. 8:00 p.m Saturday, June 10, 2006 8:00 a.m. 12:00 a.m. midnight Sunday, June 11, 2006 8:00 a.m. 12:00 a.m. midnight SHOW TIMES: Friday, June 9, 2006 Move in Day: 8:00 a.m. 8:00 p.m. Saturday, June 10, 20% Show Hours: 1:00 p.m. 5:00 p.m. Sunday, June 11, 2006 Show Hours: 1:00 p.m. 5:00 p.m. Arena Expenses: GST Additional Costs: 11 Schedule 2 Move in Day N/C Rental Costs $2,189.32 X 2 days 4,378.64 Part Time Staff Cost 2,500.00 Clean Up and Garbage Disposal 2,500.00 Box Office Cashier 250.00 Concession 500.00 $10,128.64 $709.00 $10,837.64 Total Socan Fees To be paid d by Garden Circus Corp. 12 Schedule 3 Concession Privileges: The Licensee is permitted to sell the following items with a $500.00 commission payable upon execution of the agreement. Candy Floss /Candy Apples Popcom/Caramel Corn Souvenirs and Novelties Snow Cones The sale of soft drinks is prohibited. The City of Niagara Falls retains the exclusive rights unless specified above, to sell or vend the following items: Soft Drinks Chocolate Bars and Candy Popcorn/Caramel Com Potato Chips Coffee/Hot Chocolate Ice Cream/Yogurt Pizza/Pogos Hot Dogs and Hamburgs Sandwiches Specialty Coffees Bottled Water NOVELTY CONCESSIONS: Garden Circus Corp. must have all required licensing in place prior to any sales. Please check with Lydia Picca in the Clerk's Office at City Hall (356 -7521 ext. 4283). s:wsoss\SPecevvawoaeecircU&n5.wod CITY OF NIAGARA FALLS By -law No. 2006 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2006. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by -law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential/farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2006 taxation year have been set out in By -law 36 -2006 of the Regional Municipality of Niagara, dated l3'" day of April 2006; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara, and for public and separate school purposes for the 2006 taxation year have been set out in By -law 37 -2006 of the Regional Municipality of Niagara, dated 4 day of May 2006; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has adopted estimates of all sums required to be raised by it during the year 2006; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. The assessments for the City of Niagara Falls on which the sums required for the year 2006 are to be levied for the various purposes hereinafter set forth are as follows: Assessment Category RESIDENTIAL/FARM MULTI RESIDENTIAL Assessment Amount General 4,631,798,202 211,333,065 Assessment Amount Urban Service Area 4,333,827,680 211,333,065 -2- COMMERCIAL Taxable General 12,423,000 12,423,000 Taxable Full 1,509,084,793 1,471,807,506 Excess Land 12,384,514 10,907,476 Vacant Land 68,567,090 68,567,090 Office Building 9,127,245 9,127,245 Excess Land 3,282,395 3,282,395 Shopping Centre 131,468,970 131,468,970 Excess Land 4,190,170 4,190,170 Parking Lot 12,502,900 12,224,900 INDUSTRIAL (RESIDUAL) Taxable Full 54,811,188 49,321,213 Excess Land 3,267,954 2,387,649 Vacant Land 9,667,970 6,865,570 LARGE INDUSTRIAL Taxable Full 16,842,854 16,842,854 Excess Land 286,102 286,102 PIPELINES Taxable Full 30,171,000 18,099,000 FARMLANDS 24,764,103 575,200 MANAGED FORESTS 233,700 0 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2006 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls' 3 (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $41,735,774.00, which includes the amount of $5,732,629.00 for waste management services; (ii) for public and separate school board purposes the sum of $42,967,505.00; (iii)for the purpose of The Regional Municipality of Niagara the sum of $56,700,828.00; and (b) in Urban Service Areas 1 and 2: (i) for urban service purposes the sum of $5,476,455.00. 3. The tax rate schedule set out in Schedule "A" is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by -law and such tax shall become due and payable for 2006 only, for, Passed this 29th First Reading: Second Reading: Third Reading: (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 29, 2006 and September 29, 2006, and (b) Commercial, Industrial and Multi- Residential Assessments on August 31, 2006 and October 31, 2006. 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By -law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by -law and to make a return of his or her Roll on or before the 31st day of December 2006. 7. This by -law shall come into force and effect immediately upon passing thereof. 8. Schedule "A" attached to this By -law shall form part of this By -law. day of May 2006 DEAN IORFIDA, CITY CLERK R. (TED) SALCI, MAYOR Assessment General Rates Urban Urban Service Area Total Property Class :ode City Waste Mgmt. Region Schools Total Service Area Residential /Farm RT 0.428723% 0.068236% 0 675309% 0.264000% 1.436268% 0.068584% 1.504852% Multi residential MT 0.883169% 0.140563% 1.391136% 0.264000% 2.678868% 0.141282% 2.820160% New Multi residential 0.428723% 0.068236% 0.675309% 0.264000% 1.436288% 0.068584% 1.504852% Commercial Occupied CT /ST /DT 0 753952% 0.120000% 1.187600% 1.592891% 3.654443% 0.120611 3.775054% Vacant Unit CU /SU /DU 0.527766% 0.084000% 0.831319% 1.115024% 2.558109% 0.084428% 2.642637% Vacant Land CX 0.527766% 0.084000% 0.831319% 1.115024% 2.558109% 0.084428% 2.642537% Industrial F- D x Occupied 1.182175% 0.191061% 1.849538% 2 791562% 6.014338% 0.189782% 6.204118% Vacant Unit 0.768414% 0.124189% 1.202201% 1.814515% 3.909319% 0.123358% 4.032677% Vacant Land 0.768414% 0.124189% 1.202201% 1.814515% 1909319% 0.123358% 4.032677% Large Industrial Occupied LT 1.182175% 0.191061% 1.849538% 2.791562% 6.014336% 0.189782% 6.204118% Vacant LU 0.768414% 0.124189% 1.202201% 1.814515% 3.909319% 0.123358% 4.032677% Pipelines PT 0.700276% 0.111455% 1.103051% 1.532030 3.446812% 0.112024% 3.658836% Farmlands FT 0.107181% 0.017059% 0.168828% 0.066000% 0.359068% 0.017146% 0.376214% Managed Forests TT 0.107181% 0.017059% 0.168828% 0.066000% 0.359088% 0.017146% 0.376214% Farmland Awaiting 0.321542% 0.051177% 0.506482% 0.198000% 1.077201% 0.051438% 1.128639% Development I Farmland Awaiting 0.428723% 0.068236% 0.675309% 0.264000% 1.436288% 0.068584% 1.504862% Development II -4- CITY OF NIAGARA FALLS 2006 Tax Rates Schedule "A" CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, being a by -law to permit two properties to be used as cottage rental dwellings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from DC to R2 and numbered 747, the land on the southwest corner of Zimmerman Avenue and Huron Street, being Lot 12, Block E, according to Plan Nos. 999 and 1000, more specifically known as Parts 1 and 2, Plan 59R- 12858, in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R2 and numbered 747 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated R2 and numbered 747 on the plan Schedule 1 attached hereto, or two one family detached dwellings thereon, from being used for the purpose of cottage rental dwellings, except in compliance with the following regulations: (a) Maximum occupancy per cottage 10 persons rental dwelling 3. For the purpose of this by -law, "cottage rental dwelling" means a one family detached dwelling that is rented in its entirety to one group of travellers at a time for periods of less than 28 days at one time. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following 19.1.747 None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the southwest corner of Zimmerman Avenue and Huron Street, designated R2 and numbered 747 on Sheet D3 of Schedule "A or two one family detached dwellings thereon, from being used for the purpose of cottage rental dwellings, except in compliance with By -law No. 2006- Passed this twenty -ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 29, 2006 May 29, 2006 May 29, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: Applicant: m HURON ST Antonio and Anna D'Amico Assessment 272501000304300 272501000301700 tol 3 Amending Zoning By -law No. 79 -200 Lot 12, Block E, according to Plan Nos. 999 and 1000, more specifically known as Parts 1 and 2,Plan 59R -12858 in the City of Niagara Falls, in the Regional Municipality of Niagara w 1 1:NTS AM- 07/2006 1 15.24 m ar 53.34 m I_ SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: Applicant: m HURON ST Antonio and Anna D'Amico Assessment 272501000304300 272501000301700 tol 3 Amending Zoning By -law No. 79 -200 Lot 12, Block E, according to Plan Nos. 999 and 1000, more specifically known as Parts 1 and 2,Plan 59R -12858 in the City of Niagara Falls, in the Regional Municipality of Niagara w 1 1:NTS AM- 07/2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D3 of Schedule "A" to By -law No. 79 -200 is amended by numbering 748, the land on the north side of Ellis Street, east of St. Lawrence Avenue being Part of Lot 37, Plan 283 and Lot 190, Plan 1002 in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R2 and numbered 748 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated R2 and numbered 748 on the plan Schedule 1 attached hereto, or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with the following regulations: (a) Minimum landscaped open space 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.748 None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the north side of Ellis Street, east of St. Lawrence Avenue, designated R2 and numbered 748 on Sheet D3 of Schedule "A or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By -law No. 2006 Passed this twenty-ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 29, 2006 May 29, 2006 May 29, 2006 50% of the lot area SCHEDULE 1 TO BY -LAW No. 2006- Subject Land VA Z A m 16.67 m MORRISON ST ELLIS ST Amending Zoning By -law No. 79 -200 Description: Part of Lot 37, Plan 283 and Lot 190, Plan 1002 in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Ching -Hsieh Hsiao Li -Li Chu Assessment 272502000503500 N s 1:NTS AM- 04/2006 1 158m ,0 45.69 m SCHEDULE 1 TO BY -LAW No. 2006- Subject Land VA Z A m 16.67 m MORRISON ST ELLIS ST Amending Zoning By -law No. 79 -200 Description: Part of Lot 37, Plan 283 and Lot 190, Plan 1002 in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Ching -Hsieh Hsiao Li -Li Chu Assessment 272502000503500 N s 1:NTS AM- 04/2006 CITY OF NIAGARA FALLS By -law No. 2006- A by -law to amend By -law No. 79 -200, to permit the construction of a 7- storey hotel. WHEREAS the City's Official Plan contains policies to ensure the creation of a high- quality built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by -law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in retum for the provision of such facilities, services or matters as are set out in the amending by -law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City"); AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in retum for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by renumbering from 5 to 746, in part, and numbering 746, in part, the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, being the land described in Appendix 1 and shown hatched and designated TC and numbered 746 on the plan Schedule 1, attached to and forming part of this by- law. 2. Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land described in section 1 of this by -law and shown hatched and designated TC and numbered 746 on the plan Schedule 1 attached hereto shall be considered one lot. 3. None of the provisions of section 2.28 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated TC and numbered 746 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon for the purpose of a hotel which does not provide a public dining room. 4. None of the provisions of clause (a) of section 4.19.1 of By -law No. 79 -200 shall apply to require the provision of parking for a breakfast area in a hotel on the land described in section 1 of this by -law and shown hatched and designated TC and numbered 746 on the plan Schedule 1 attached hereto. 5. Notwithstanding the provisions of clauses (a), (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown and hatched and designated TC and numbered 746 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for the purpose of a hotel, having a building height greater than 12 metres, except in compliance with the following regulations: (a) Minimum lot area (b) Location of the various components of the building or structure, their maximum height and maximum number ofstoreys and minimum yards before any dedication required for road widening (c) Maximum height of building or structure and maximum number of storeys (d) Roof feature (e) Minimum landscaped open space after any dedication required for road widening -2- the whole of the land described in section 1 of this by -law and shown hatched and designated TC and numbered 746 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening refer to plan Schedule 2, attached to and forming part of this by -law and clause (c) of this section 27 metres as measured from the average finished grade level at the front elevation of the building or 7 storeys, whichever is lesser, including the roof feature, as required by clause (d) of this section and subject to section 8 of this by -law the hotel shall have a roof feature which has a height of not less than 6 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy 12% of the lot area -3- 6. The owner of the land described in section 1 of this by -law is required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 7 of this by -law and such agreements are to be registered on title. 7. The height of the building or structure permitted by section 5 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the owner of the land described in section 1 of this by -law, providing the following facilities, services or matters to the City, namely (a) streetscape improvements to the street frontage along Victoria Avenue adjoining the subject land described in section 1 of this by -law, inclusive but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by Development Charges and 2 percent parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan; and (b) a building design approved by Council, as contained in the bonusing clause of the agreement, referred to in section 6 of this by -law, which assists in adding a distinct and interesting element to the City of Niagara Falls skyline. The design shall include distinctive massing, surface articulation and a roof feature. 8. For the purpose of this by -law, "roof feature" means a distinct architectural element erected above the top storey of the hotel tower component and shall not contain a place of occupancy or be used for commercial purposes, but shall be constructed to enhance the design of the hotel building and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By -law No. 79 -200, and except for any flagpoles or other similar decorative roof features and radio, telephone, television or telecommunications towers or antennae, no water tank, elevator or other mechanical penthouse or other similar elements shall have a height greater than the roof feature. 9. For the purpose of this by -law, "breakfast area" means an area of the hotel where breakfast, beverages or snacks are offered to hotel guests only, but shall not include a dining room, a restaurant, a premises issued a licence by the Alcohol and Gaming Commission of Ontario under the Liquor Licence Act to serve liquor or a kitchen associated with any of the aforesaid uses and shall not be advertised with any external signage. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.746 (a) Notwithstanding the provisions of section 2.31 of By -law No. 79 -200, the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A" shall be considered one lot. (b) None of the provisions of section 2.28 of By -law No. 79 -200 shall apply to prevent the use of the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A or the erection or use of any building or structure thereon for the purpose of a hotel which does not provide a public dining room, except in compliance with By -law No. 2006 Passed this twenty -ninth day of May, 2006. First Reading: Second Reading: Third Reading: May 29, 2006 May 29, 2006 May 29, 2006 -4- (c) None of the provisions of clause (a) of section 4.19.1 of By -law No. 79 -200 shall apply to require the provision of parking for a breakfast area in a hotel on the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A except in compliance with By -law No. 2006- (d) Notwithstanding the provisions of clauses (a), (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By -law No. 79 -200, no person shall use the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A or erect or use any building or structure thereon for the purpose of a hotel, having a building height greater than 12 metres, except in compliance with By -law No. 2006- 11. Section 19.1.5 of By -law No. 79 -200 is deleted. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2006- Subject Land II in KITCHENER ST I G h ♦r ke 46.95 m 3 30.48 m 47.17 m 47.4 m 0 BENDER Sr Amending Zoning By -law No. 79 -200 Description: See Appendix 1 Applicant: 1251435 Ontario Limited and 1397878 Ontario Limited Assessment 272503000308100 272503000310800 272503000310900 272503000311400 N S 1:NTS AM- 02/2006 K:\ 2006 \GIS_ Requests\ Schedules \Z0nIngAM\AM -02 \mappIng.map AprI 2006 SCHEDULE 2 TO BY -LAW No. 2006- 0 c z 0 D 8 3 V 3 16.7 46.95 m m N 3 12 1 tn V 3 33.5 m 3m 4 47.17 m 30.48 m 6m 47.4 m .5 m Zr CO!//, 4.25 8 VII 44 3 E 3 R =21 m BENDER ST KITCHENER ST Location Before any dedication required for road widening Maximum of Storeys Maximum. Height Tower and Roof Feature Podium 7,4 7 Storeys 4 Storeys 27 m 12 m Assessment #s: Amending Zoning By -law No. 79 -200 Building Components 272503000308100 272503000310800 272503000310900 272503000311400 See Appendix 1 1251435 Ontario Limited and 1397878 Ontario Limited 1:NTS AM- 02/2006 K:\ 2006 \GIS_Requests\ Schedules \zoningnMV1M -02 \mapplrg.map April 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 29t day of May, 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: 1. The actions of the Council at its meeting held on the 29t day of May, 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 Passed this twenty -ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 29, 2006. May 29, 2006. May 29, 2006.