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2006/06/12COUNCIL MEETING Monday, June 12, 2006 Order of Business and Agenda Package COUNCIL MEETING June 12, 2006 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Council Minutes of May 29, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Niagara Falls Red Raiders Midget Girls "B" Basketball Team Mayor Salci will present plaques to the Niagara Falls Red Raiders Midget Girls "B" Basketball Team members who had recently won Gold at the Ontario Provincial Championship for Division 4 in Ottawa. Westlane Robotics Team PRESENTATIONS /DEPUTATIONS Mayor Salci will be presenting certificates to the members of the Westlane Robotics Team who have recently set a world record by winning their third regional championship in FIRST For Inspiration and Recognition of Science and Technology). Public Meeting Zoning By -law Amendment Application, AM- 15/2006 9006 Netherby Road. Applicant: Jacqueline Vincelette Addition to the Existing Dwelling Background Material: Recommendation Report: PD- 2006 -45 -AND- Correspondence from the Region's Public Health Dept. Public Meeting Zoning By -law Amendment Application, AM- 16/2006 2700 Mewburn Road. Applicant: Klein Building Corporation Proposed 28 -Unit Townhouse Development Background Material: Recommendation Report: PD- 2006 -47 -AND- Correspondence from Fred Goldrup on behalf of Mount Forest Village Niagara South Condominium Corp. Correspondence from Ernest Kohne Correspondence from Tom Vattovaz Public Meeting Zoning By -law Amendment Application, AM- 17/2006 6269 Dorchester Road/ 6293 Dorchester Road Rear portion) and 6322 Brookfield Avenue North South of Existing Dwelling), Applicant: 1211990 Ontario Inc. Bernie Peters), Agent: Matthews, Cameron, Heywood Surveying Ltd. (Al Heywood) Proposed Single- Detached Lots with Special Driveway Access Background Material: Recommendation Report: PD- 2006 -51 -AND- -2 PLANNING MATTERS Correspondence from the Niagara Region, Planning Development Dept. Correspondence from the Niagara Region, Public Works Dept. Correspondence from Ernest Dragonette Sr. Public Meeting Official Plan Zoning By -law Amendment Application, AM- 06/2006 5171, 5491 and 5507 River Road 4399 and 4407 John Street Applicant: O.R.E. Development Corporation Agent: Italia Gilberti, Solicitor Proposed 29- Storey Residential Development Background Material: Recommendation Report: PD- 2006 -46 -AND- Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from 3 John Natasha Simanic along with a petition Ken Murphy Ann Beauregard and Al Dotson John Linda Haitos, Joseph Savriga Diane Clayton Karen Hein Debra Jackson MAYOR'S REPORTS. ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Club Italia- requesting approval for the pyrotechnic fireworks display at the annual Club Italia picnic to be held on Sunday, July 9, 2006. RECOMMENDATION: For the Approval of Council 2. Downtown B.I.A. requesting that Council ratify the appointment of the new members to the Downtown Board of Management. RECOMMENDATION: For the Approval of Council -4 3. Lundy's Lane B.I.A requesting Council's approval of the 2006 Budget. RECOMMENDATION: For the Approval of Council 4. Clifton Hill B.I.A. requesting Council's approval of their 2006 Budget and tax levy request. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. FINANCE MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer REPORTS RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS F 2006 2005 Capital Accounts F- 2006 -34 2005 Development Charges F- 2006 -35 2005 Reserves and Reserve Funds F- 2006 -36 Agreement for Adjuster Services 5 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2006 -37 Municipal Accounts PD- 2006 -44 Housing Monitoring Report PD- 2006 -49 Matters Arising from Municipal Heritage Committee (MHC) PD- 2006 -50 Request for Removal of Part Lot Control Portions of Lots 33 34, Registered Plan 108, 6848 Cropp Street. Agent: Brian Sinclair Professional Corporation MW-2006-64 -Contract 2006-167-06, Churchill Street Cul -de -sac Improvements and Parking Lot Construction FS- 2006 -06 Award of Tender for Addition to Station 1 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -95 A by -law to authorize the execution of a Condominium Agreement Mountainview Construction Inc., being Part 1 on Reference Plan 59R- 13029. 2006 -96 A by -law to authorize the execution of an Agreement with Colleen Gallen, Ring Niagara respecting the use of the Niagara Falls Memorial Arena for a boxing match. 2006 -97 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. 2006 -98 A by -law to establish Part 1 on Reference Plan 59R -13095 as a public highway, to be known as and to form part of Carroll Avenue. 6 2006 -99 A by -law to continue By -law 2001 -31 of the Corporation of the City of Niagara Falls. 2006 -100 A by -law to designate portions of Lots 33 and 34, Registered Plan 108, described as Parts 1 and 2 on Reference Plan 59R- 13079, not subject to part-lot control. 2006 -101 A by -law to authorize the execution of a Section 37 Agreement with 1397878 Ontario Limited and 1251435 Ontario Limited pursuant to Section 37 of the Planning Act respecting the provision of certain facilities and services and matters by 1397878 Ontario Limited and 1251435 Ontario Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a hotel to a maximum building height of 27 metres and 7 storeys on lands owned by 1397878 Ontario Limited and 1251435 Ontario Limited and located on Victoria Avenue, in the City of Niagara Falls. 2006 -102 A by -law to authorize the payment of $24,504,310.93 for General Purposes. 2006 -103 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12' day of June, 2006. NEW BUSINESS Community Services Department Parks, Recreation Culture Inter Department Memorandum The City of Niagara Fall Canada TO: Cathy Crabbe DATE: June 12, 2006 Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: The Niagara Falls Red Raiders Midget Girls "B" Basketball Team Provincial Champions Awards at Council Monday, June 12, 2006 The Niagara Falls Red Raiders Midget Girls `B" Basketball Team won Gold at the Ontario Provincial Championships for Division 4 on the weekend of April 28, 2006 in Ottawa, Ontario. The team, led by coaches Carmen Demizio and Mario Ciccarelli, and Managed by Rosemary Ciccarelli, went undefeated, winning all five games. They beat Sudbury Vees 36 -25, Durham City 36 -18, Kingston Rebels 41 -29, Toronto Huskies22 -20 and in the finals Orangeville Hawks 34 -30. Top scorers were Megan McRae with 59 points, Courtenay Morris 34 points, Stephanie Sherbok 29 points, Julia Whidden 17 points and Sloane Clarkson 16 points. Also, Megan McRae received the MVP award for the tournament, which awards her with a free week at Camp Olympia this summer. Team Members include: Caprice Aiello Shelyn Barlow Juliana Ciccarelli Sloane Clarkson Katarina Etezadi Taylor Good Megan McRae Courtenay Moms Stephanie Sherbok Julia Whidden Coaches Manager: Carmen Demizio, Head Coach Mario Ciccarelli, Assistant Coach Rosemary Ciccarelli, Manager Cathy, please prepare plaques to honour the team members for the June 12, 2006 Council meeting. Thank you. Lori Albanese cc. Dean Iorfida, Steve Hamilton, Denyse Morrissey S:Awardsk2006WF Red Raiders Midget Girls Basketball Team Provincial Championship 2006.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Community Services Department Parks, Recreation Culture Inter Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Westlane Robotics Team Sets World Record Awards at Council Monday, June 12, 2006 The City of Niagara Fall Canada /ill DATE: May 15, 2006 The Westlane Robotics Team set a world record by winning their third regional championship in FIRST Robotics Competitions. FIRST (For Inspiration and Recognition of Science and Technology) is a school -based program gaining momentum across North America. The World Record was set at the Greater Toronto Regional Competition. They also scored a record of 159 points in three -on -three robot basketball to achieve the victory, surpassing the previous total of 134 points, set earlier in the year. In their second year, they have had an amazing season and attended the World Robotics Contest in Atlanta, Georgia, where they made it to the semi finals. The program is a practical way for students in grades 9 -12 to learn more about science and technology. They have six weeks to completely design and build a fully controlled robot capable of accomplishing a number of pre-set tasks. The following lists the Students, Teachers and Mentors: Students Shelbey Andrews Stephanie Bradley Kaitlin Cain Lauren Howes Shawn McLean Mitch Sillaste Trevor Vyse Carrie Anger Justin Broadbent Andy Ewin Bryan Hui Evelyn Palleschi Chris Sturrock The Teachers and Mentors are listed on the second page. Chelsey Boudreau Tom Brown Rob Freeman-Guy Mark Liefl Jessie Palleschi Sagar Vyas .../2 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By-Law Services -2- Teachers and Mentors Jason Babony Peter Beens Westlane Programming Teacher Derek Bessette Lead Mechanical Design (GM Canada) Kevin Boudreau Christa Bruce Ted Clark Westlane Tech Teacher Cam Hathaway Westlane Principal Kathy Howes Marcia Hooper Bruce Johnston Controls Programming GM Canada) Karthik Kanagasabapathy Ruth McLean Krista Miller Beth Palleschi Stephen Rourke Dan Sevcik GM Canada Gary Smulders Heather Smulders Stephanie Thompson GM Canada Matt Vint Team Manager (GM Canada) Briar Vyse cc. Dean Iorfida, Steve Hamilton, Denyse Morrissey SAAwards\2006\2006 June 12 Westlane Robotics Team.wpd Corporate Services Department PD- 2006 -45 Planning Development Doug Darbyson The City of 4310 Queen Street Director Niagara Fails P.O. Box 1023 Canad� web site: www.niagarafalls.ca Falls, w. nia gar 6X5 w.garafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: BACKGROUND: June 12, 2006 Re: PD- 2006 -45, Zoning By -law Amendment Application AM- 15/2006, 9006 Netherby Road Applicant: Jacqueline Vincelette Addition to the Existing Dwelling 1) Council approve the requested Zoning By -law amendment application to permit a 40 square metre addition to the existing dwelling and recognize a 28 square metre addition to the shed that has been built behind the garage; and 2) the amending zoning by -law be deferred until approval from the Regional Public Health Department is obtained. An amendment to Zoning By -law No. 70 -69 has been requested to permit the construction of a 25 square metre bedroom and a 15 square metre deck which is proposed to be constructed at the back of the existing dwelling and to recognize a 28 square metre addition to the shed that has been erected at the back of the garage at 9006 Netherby Road, as shown on Schedule 1. Schedule 2 shows details of the proposed development. Zoning By -law No. 70 -69 is requested to be amended site specifically as it prohibits new construction where a property is less than 25 acres (10 ha) in area and the subject land is 0.46 acres (0.19 ha). Surrounding Land Uses The land is largely surrounded by agricultural and rural residential uses with a woodlot to the east. Working Together to Serve Our Community Clerics Finance Human Resources Information Systems Legal Planning Development June 12, 2006 Circulation Comments Regional Municipality of Niagara Municipal Works Building By -law Services Fire Prevention Public Health Department 2 PD 2006 45 The lands are designated Good General Agricultural Area by the Regional Policy Plan. The dwelling is an existing use and the planning regulations would normally permit one dwelling per property in agricultural areas where there are no environmental concerns. As this area is unserviced, any development must depend on private on -site services. A lot area of at least 1 acre (0.4 ha) is normally considered necessary to accommodate a dwelling with conventional septic disposal system. The subject property at 0.46 acres is less than half of the minimum desirable size. The Region has no objection to the Zoning By- law amendment provided the Regional Public Health Department indicates that the effluent disposal system will be able to accommodate the existing and proposed development. No objection. No objection. No objection. The existing septic tank is 3,600 litres. The size is large enough to accommodate the existing and proposed development. However, the following issues need to be addressed: a) The existing septic tank has to be located a minimum of 1.5 metres from the proposed addition. b) The location of the existing sewage system should be verified and has to be located a minimum of 5 metres from the proposed addition. c) A sewage system design should be submitted to the Public Health Department to demonstrate that the property is large enough to meet Ontario Building Code Regulations. June 12, 2006 3 Planning Review The following is a summary of staff's assessment of the application. PD 2006 45 A previous Zoning By -law amendment application for an addition to an existing garage for the property was approved in January 2004. The reason for the current Zoning By -law amendment is that the owner of the property has been restricted to a wheelchair through an industrial work place accident and the dwelling is not adequate for a wheelchair user and requires alteration. 1. The requested amendment conforms to the City's deferred Official Plan policies and the Regional Policy Plan. The subject lands are located in the former Township of Humberstone. There are no approved Official Plan policies for this part of the City. In addition, the Rural/Agricultural policies proposed by the City for this area are deferred. The primary uses anticipated by the deferred policies are a variety of agricultural operations, forestry conservation and farm related residential dwellings. In absence of its own policies, the City must rely on the Regional Official Plan policies. The Regional Official Plan designates these lands as Good General Agricultural Area. This designation permits a very limited number of non agricultural uses, provided the overall integrity of the agricultural lands is protected. Regional staff has indicated the addition does not offend the Regional Policy Plan. The subject development, a small -scale addition to the existing dwelling, does not result in an increase or intensification of non -farm residential development. Agricultural uses in the area and surrounding land uses are not impacted by a small addition to the existing dwelling. Therefore, the addition conforms to the City's deferred Official Plan policies and the Regional Policy Plan. 2. The requested amendment is appropriate for the site. The current zoning permits agricultural uses and an associated residence on a lot with a minimum lot area of 25 acres (10 ha). No new development of any kind is permitted if the lot is below this size. Uses existing at the time of the by -law, such as the existing dwelling and garage, are permitted. As the existing dwelling and garage are already permitted, the proposed by -law would be limited to permitting the new addition to the existing dwelling and recognizing the addition to the garage that is existing. The addition is of a small scale and does not compromise the by -law's objective of prohibiting significant new non agricultural development. Normally small additions can be addressed through the Committee of Adjustment. However, By -law No. 70 -69 is very specific in not permitting construction on lots that do not meet the minimum standards and therefore a by -law amendment is necessary to legalize the addition. CONCLUSION: The requested amendment can be supported for the following reasons: June 12, 2006 4 PD- 2006 -45 The amendment meets the intent of the deferred Official Plan policies and the Regional Official Plan policies with respect to controlling non agricultural development. The existing and proposed development would not have any adverse environmental impacts. Prior to the passing of the amending zoning by -law, approval from the Public Health Department is required. Prepared by: Anamika Dilwaria Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: 4 f T. Rave Executive Director of Corporate Services AD:gd Attach. S:\PDR\2006\PD2006 -45, AM -15 -06, Vincelette, 9006 Netherby Road.wpd Respectfully submitted: b or John MacDonald Chief Administrative Officer Subject Land 0 p N NETHERBY RD 8 r NETHERBY RD CITY OF PORT COLBORNE Location: 9006 Netherby Road Applicant: Jacqueline Vincelette SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1:NCS AM- 15/2006 K'GIS_RequeMs\2006Sche&des\ZoningAM AM -I 5\mapping.map May 20C/6 uILblli 4 5 It 1 slastics LoTApf.s. 2 06s9t686=1.3* it't itt IJ 11Y2.54 p- AlloH 272.0o 5N Xls 4A4C4 ll%.Cr, z 1i2-i.00 sr ToTPI -ALI. bLI S 20'3. SA- 5F (24.6G s h) axtflZ av11; z 13.12% 0 1-11.1 HTC.T t I6' o t 1/1 SCHEDULE 2 rs}od (11.x, M) A 7lacpt*I7 ouE s (olzrY AbD! 11 01.1 fxIsT1kki oNb s 0-1 14 q oofr, (40 "x 28'2') J 114,60 6xI.TIF101 G i A (1t'x22 (kPPRox A'rtt.X•) !I <A a') 32.7' IIJto PIAh I TAI`Gh1 rrol -j 31 2 k11 Y f ,AI' -E77 pN:y,wYiL.Ac, (r. iti- a- 9 ex-1'T,.ZI 2er17. 14-3 1 I 3 VINCELETTE RESIDENCE 9006 NETHERBY ROAD NIA11AAPt faa,Ls oNTAlvlo PEob SITE PLAN FRANK BANDIERA ARCHITECT INC. 43 Elm SneetSe.3 TemnSSON. M9N X9 T. i. 1. 416 1 1 6c51 116 212.3456 1 9 5 banthera,(a 70E4IE404,>;E.la4r APFIL 17, 2oor0 n ASSn., 0. lm 13GD1:17. t%. I' 20 o F.B. 0 Al ou. ua Ana eV,. VY1 Y00, Niagara Region PUBLIC HEALTH DEL MINN WNJ.IAMb Madlesl oilkar of Neat arlem Office m Hanover Chive 6t CcMMkr. ON ITh 151 Pharr 9054003792 1906353 -7249 Fec9064e2$801 Wrd%Oakes e (Mess MM 611616htrlr Skeet Nene Mkt, 034120 1C1 Phalle 906466 -1536 RMC 005415.7371 Saari Health Goa Piker 9061343836 FMC 006.9562717 a waMrd 540 lane Sheet Wand, ON USW Rana: 0057564097 Pec 0054354090 a SOW se Gentle Phone: 005736 -1014 Pee 006.7344770 n Pail Eris 43 Hgsy Street Pat Ells, ON L2A 1W4 Pratt 0064714511 Roc 9004114020 o seam NaMth canes Phony 0064714513 Fa 9064714020 a t CrseaaeSd Haar Crag 277 w.0rld Avenue 6t Cothrkre, ON t2R 2P7 Phone: 9065063617 14004434767 Roc 9065504003 a Population Nadi alvkien Ploem 905441-2116 Feu 0069994100 o an I Sonless OWkkn Pharr 0064414216 Foe 6066666079 600 Glandole Avenue GPM Megan on the lake, ON LOS 1JO seiciadtattareataass M Aet edi ed P1elte Health Doper nad May 25, 2006 CUDLit. =sun 'Abr. Anamika Dllwaria, Planner 2 The City of Niagara Falls Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON LZE 6X6 Dear Ms. Dilwarie: RE: All- 15/2006, Zoning By-law Amendment Application Jacqueline Vkoalstte 9006 Netherby Road Addition to fadstkng Dwelling Thls department has reviewed the proposed application and offer the following comments. The applicant is proposing to construct an addition containing a bedroom and outside deck. Upon completion of the proposed construction, the dwelling will contain 3 bedrooms. The existing septic tank size (installed on November 1, 2000) Is 3600 litres. The size of the existing septic tank is large enough to accommodate a 3- bedroom dwelling. It appears the septic tank may not meet the minimum 1.5 -metro clearance distance from the proposed addition. If this Is the case, the septic tank must be relocated to meet the minimum clearance distance of 1.6 metres from the proposed addition. The exact location of the septic bed is unknown. The minimum clearance distance between the septic bed and the proposed dwelling must be a minimum of 6 metres. Building Com mun 4 Building lies. 10 002/003 05/28/08 08:51 FAX 905 841 4994 PUBLIC HEALTH INSP. J. Vincelette, 9006 Netherby Road 2 This department would be in a position to recommend the following conditions are met. 1. The existing septic tank is located s minimum of addition. 2. The existing sewage system is located a minimum of 5 metres from the proposed addition. 3. A sewage system design be submitted to this department Indicating the property is large enough to accommodate a sewage system meeting current requirements of the Ontario Building Code (In case the existing system malfunctions). If you have any questions, please contact me at this office. Yours truly, AAW:)e Alphie Wolf, CPHI(C) For: Robin Williams; MD, DPH, FRCP(C) MEDICAL OFFICER OF HEALTH cc: J. V Artesian° 9008 Netherby Road, R. R. #4 Welland, ON, L3B 5N7 Frank Bendier. Architect Inc. Aecon Buildings 43 Elm Street, Suite 3 Toronto, ON M9N 3C9 approval of the application if 1.6 metres from the proposed 2009 /008 The City of Niagara Falls Canada Members: RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2006 -47, Zoning By -law Amendment Application AM- 16/2006, 2700 Mewburn Road Applicant: Klein Building Corporation Proposed 28 -Unit Townhouse Development 1) Council approve the Zoning By -law amendment application for 2700 Mewbum Road to permit a 28 -unit townhouse development, and 2) passage of the amending by -law be conditional on completion of the required noise study and resolution of the traffic and access issues brought up in this report, to the satisfaction of the Region and the City. Klein Building Company Ltd. has requested an amendment to Zoning By -law No. 79 -200 for a 0.97 hectare (2.42 acre) parcel of land on the east side of Mewbum Road, south of Mountain Road, as shown on Schedule 1. The amendment is requested to permit the development of a 28 -unit townhouse complex as shown on Schedule 2. The subject land is zoned Development Holding (DH). The zoning of the land is requested to be changed to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the proposed townhouse development. Site Conditions and Surrounding Land Uses June 12, 2006 PD-2006-47 Doug Darbyson Director The site is vacant with some trees and shrubs and slopes downward in a westerly direction toward Mewburn Road. The property is bounded by a townhouse development to the north, single detached dwellings to the east and south and vacant lands (zoned for on- street townhouses and commercial uses) to the west. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 12, 2006 2 PD- 2006 -47 Circulation Comments Municipal Works Given the relatively low number of new trips generated by this development, a traffic study is not required. City Clerk No comments. Fire Services Regional Municipality ofNiagara There is sufficient road, sanitary and water infrastructure for this development. No road widenings are needed. The driveways to the units on either side of the access driveway do not meet the City's design standards. An alternate driveway needs to be provided to these units. A detailed grading and servicing plan (including stormwater management) will be required at the site plan stage. Building By -law Services All building permits to be obtained prior to construction. No objections. At the site plan stage the applicant will need to indicate a fire access and water supply in accordance with the Ontario Building Code. Regional Planning staff is not opposed to the requested zoning change. The proposed townhouses should be compatible with adjacent residential uses. The site layout does not comply with Regional criteria for providing Regional waste disposal collection and needs to be redesigned if Regional garbage trucks are going to access the site. Currently there is no development on the west side of Mewburn Road to buffer noise emanating from the Q.E.W. which may impact on residents in the development. The developer should be required to submit a noise impact study prior to site plan approval. Because of the development's small size, the City can assume responsibility for reviewing and approving the stormwater management plans. June 12, 2006 3 PD- 2006 -47 In addition, the City has received letters from abutting residents, requesting a wood fence be built along the southerly property line prior to construction starting and that the swale along Mewburn Road in front of the subject land be replaced with a culvert. The condominium corporation to the north has also requested further information on such matters as site works and grading, construction impacts and the necessity of traffic lights at Mewburn Road and Mountain Road. Planning Analysis The proposed townhouse is in compliance with the Official Plan with respect to multiple unit residential developments and is compatible with surrounding residential development in terms of design and density. The following is a summary of Planning and Development's analysis of the application: 1. The proposed development complies with the intent and purpose of the Official Plan. The land is designated Residential in the Official Plan. Multiple unit dwelling developments are permitted within this designation where they are compatible with surrounding development and contribute to providing a mix of residential units to meet the needs of residents. The proposed development conforms to the Official Plan as follows: The density of the proposed development is 28 units per hectare (11.5 units per acre). This density is well under the maximum density permitted by the Official Plan for townhouse developments. The proposal is similar to two abutting townhouse developments to the north. The development is easily accessed from an arterial road (Mountain Road) without passing through a low density residential area. The project has been designed to be compatible with surrounding dwellings. For example, proposed rear and side yards abut existing side and rear yards. As well, the project continues the established streetscape along Mewburn Road with several units fronting onto the street. The proposed townhouses are intended to be bungalows with lofts, a design that will not overshadow abutting residences. Landscaping typical of other townhouse developments is to be provided. These factors will ensure a development that is physically compatible with surrounding development. 2. The requested zoning is appropriate. The subject land is currently zoned Development Holding (DH). The DH zone is a holding category that is intended to preclude the development of the land until its appropriate use is determined. The requested R4 zoning is consistent with the intent of the Official Plan for these lands. A number of modifications to the standard R4 zone have been requested. A summary of the changes and their appropriateness is as follows: The requested change in side yard width from one half building height to 3 metres (10 feet) is acceptable because the units are bungalows and the setback is consistent with setbacks provided by the abutting townhouse project development. June 12, 2006 4 PD- 2006 -47 Reductions to the separation distances between townhouse units on the same lot have been requested, including a reduction from 15 metres (49.2 feet) to between 7.6 metres (25 feet) and 11.2 metres (36.7 feet) where both walls of the units have door or window openings, and a reduction from 3 metres (10 feet) to 2.4 metres (8 feet) where neither wall of the units have openings. These separation distances are intended in part to provide a fire separation between units and privacy for townhouse dwellers and these reductions do not create any impacts off -site. The standard required separation distances are not necessarily reflective of current Ontario Building Code requirements, which permit reduced separation distances provided adequate fire protection and reductions in window openings are implemented. The proposed separation distances are similar to those required between single detached dwellings on separate lots. Landscaping or screening fences can be implemented if necessary at the site plan stage to compensate for any reduced privacy between townhouse units. The proposed building coverage increase, from 35% to 41% of the lot area, is minimal and is required because of the bungalow design of the townhouses. The Region is responsible for reviewing matters of Provincial interest such as noise. Due to the proximity of the development to the Q.E.W., the Region requires a noise study to be completed to ensure future residents are protected from any noise impacts of the highway. In addition, the requirements of the Traffic Services Section with respect to driveway separation and Niagara Region's Public Works Section with respect to waste disposal collection access may have an impact on the design and the setbacks of the townhouses. To ensure the development incorporates a design or mitigative measures to address the above noted matters, passage of the by -law should not occur until a noise study has been completed to the satisfaction of the Region and the City and there is a resolution of the traffic and access issues. Alternatively, the amending by -law could include a holding provision that would be lifted once the above noted matters have been dealt with. 3. Site plan control is applicable. This development will be subject to a site plan review and a site plan agreement. Through the process, adequate fencing and landscaping, screening to buffer surrounding residential properties, proper grading and adequate servicing including a stormwater system will be determined and implemented. It is expected that the neighbours' comments with respect to grading, fencing and servicing will be addressed through this process. It is also noted by the Region that although traffic lights at Mountain Road and Mewbum Road are not warranted at this time, the Region is commencing an Environmental Assessment that may indicate the need for these traffic lights if future development triggers sufficient volume to warrant these controls. CONCLUSION: 1. The Zoning By -law amendment application can be supported for the following reasons: It complies with Official Plan policies regarding the location of townhouse developments in residential areas. June 12, 2006 2. The requested modifications to the R4 zone are acceptable and in keeping with surrounding development. 3. Passage of the amending by law should not occur until the required noise study has been completed and traffic and access issues have been satisfactorily resolved. Prepared by: Andrew Bryce Planner 2 Recommended by: Alaz Doug Darbyson Director of Planning Development Approved by: The development is compatible with surrounding residential development with respect to the proposed density and building and site design. V John MacDona d Chief Administrative Officer Ravend Executive Director of Corporate Services AB:gd Attach. S:\PDB\2006\PD2006 -47, AM -16 -06, Klein Building Corp, 2700 Mewbum.wpd 5 PD- 2006 -47 Respectfully submitted: Subject Land Location: 2700 Mewburn Road Applicant: Klein Building Company Limited KIGIS Requests 20b6 \ZooingAMUM- 161mappingmap SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1:NTS AM- 16/2006 May 2006 SCHEDULE 2 I 4Ce ill 3ya 1 f�% 18 1 i 1 MOUNT FOREST VILLAGE NIAGARA SOUTH CONDOMINIUM CORPORATION #25 2-2720 MEWBURN ROAD NIAGARA FALLS, ONTARIO L2J 4JS Doug Darbyson Director of Planning and Development City Hall Niagara Falls Dear Doug; MAY 29, 2006 This letter is in response to a Public Meeting Notice that was received from your department: specifically City File: Am 16/2006, (Zoning By- Law Amendment Application). The application was made to change the zoning of the land from Developmental Holding to Residential Low Density, Grouped Multiple Dwellings (R4) to permit the proposed 28 unit one storey townhouse complex as shown on schedule 2 of the Notice. Although The Corporation has no outright objection to the proposed Zoning By -Law change for this particular townhouse development the Corporation does have concerns/questions that will need to be addressed before they would fully support this proposal. The questions are as follows: A major concern will be the elevation and drainage of the proposed project. Naturally the Corporation is concerned with any potential runoff of water from the proposed development onto the Mount Forest development. Further investigation into the site development plans will be needed to alleviate any concerns the residents of Mount Forest may have. With respect to the East section of the proposed development Will this be a stepped elevation from the one section to the other or will there be a retaining wall running along the east boundary of the proposed development? If so, what type of retaining wall will be constructed? If the south section of the project is at a higher elevation than the north, what steps will the builder take to ensure the privacy of the residents living in the south section of Mount Forest Village complex? (8 foot fence?) At the moment there is an open ditch (west part of complex proposed) running parallel to the road. What is the proposal to correct this problem which at the moment is now a breeding ground for mosquitoes? What type of dust control would be implemented by the Builder during the excavation and construction period? With the heavy equipment up and down Mewburn Road during the excavation and construction phase will any resulting road surface damage be repaired and by whom? RECEIVED MAY 2 9 2006 PLANNING DEVELOPMENT With the addition of another townhouse complex and the resultant increase in traffic are there plans for a much needed traffic light for the intersection of Mewburn and Mountain Road? What would be the daily hours of construction on the proposed complex and would this be a five day construction schedule— (Monday to Friday) or a 6 day? Please be advised that a Committee has been formed to represent the interests of the unit owners of Mount Forest Village and we will be present at the meeting on Monday, Junel2, 2006. At that time we hope to have our above concerns addressed unless they are addressed earlier by letter. Please also be advised (bat we wish to be notified of the adoption of the proposed amendment and would like to receive more detailed site plans once they are developed and received by the City. If possible it would be appreciated if the Corporation could receive a copy of the Planning and Development Division's Recommendation Report once completed. Sincerely, Fred Goldrup, President Board of Directors Mount Forest Village Niagara South Condominitun Corporation 25 May 17, 2006 City of Niagara Falls Attn. Mr. Doug Darbyson Director of Pluming Development. Re: Amending Zoning By-law No. 79 -200, City File AM- 16/2006 Location 2700 Mewburn Road. As I'm a ¥ai ZS hiewbvtn Rd. and unable to attend the proposed meeting On June 12, but have not enough information to accept or reject your proposed Amending of Zoning By -law No. 79 -200. As a specific Residential Low Density, Grouped Multiple Dwellings should not be permitted to build two story row housing with 3 or 4 Bedrooms. It should conform and being managed d as 2684 and 2720 Mewbum Rd. It is my request that all finished Buildings be Owner Occupied and never Leased or Rented To improve the unsightly Garbage Ditch in front of 2700 Mewburn Rd. it should be drained by Culvert and filled to the existing Sidewalk as in 2684 and 2720 and paid for by the Contractor Klein Budding Company Limited Not by Niagara Tax Payers. Several elderly Occupants from 2684 and 2720 have tried to keep this ditch clean but for fear of slipping into it have stopped trying. I'm not opposed to this development if it is kept within the same concept and standards as all the Neighboring properties. Ernest H Kobuk 2684 Mewburn Rd. #12 Miss NW Phone: 905-371-1347 RECEIVED MAY 2 4 2006 PLANNING DEVELOPMENT Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 To Whom It May Concern: I am the owner of the property adjacent to and south of the property in question at 2800 Mewburn Rd. and am not opposed to this application under one condition. I now would have 28 new units as opposed to 4 if houses were to be erected. Therefore I would ask that an 8' 0" high solid fence be erected before construction commences so that privacy would be maintained and that no conflicts would develop from construction encroachments of any nature. I feel that this is a reasonable request and would ask that council strictly impose this should the application move forward. I would appreciate being notified of City Council's decision and also request confirmation of receipt of this letter. Yours truly Tom Vattovaz Re; City File AM- 16/2006 PDF created with polFactory Pro trial version www.Ddffactorv.com 2800 Mewburn ltd. Niagara Falls, ON L2E 6S4 May 23, 2006 RECEIVED MAY 2 4 2006 PLANNING &DEVELOPMENT The City of ////////jjjjjj Niagara Falls ,ji Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2006 -51, Zoning By -law Amendment Application AM- 17/2006 6269 Dorchester Road, 6293 Dorchester Road (Rear Portion) and 6322 Brookfield Avenue (North South of Existing Dwelling) Applicant: 1211990 Ontario Inc. (Bernie Peters) Agent: Matthews, Cameron, Heywood Surveying Ltd. (Al Heywood) Proposed Single- Detached Lots with Special Driveway Access RECOMMENDATION: BACKGROUND: Proposal 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 June 12, 2006 PD- 2006 -51 Doug Darbyson Director It is recommended that Council approve the Zoning By -law amendment application as detailed in this report to permit the development of 7 single- detached lots on the subject land. The amendment is requested for a proposed 1.426 acre (0.577 hectare) parcel of land with frontage on Dorchester Road and Brookfield Avenue, north of Coach Drive, as shown on Schedule 1. This site is comprised of vacant land known as 6269 Dorchester Road, the rear vacant portion of 6293 Dorchester Road and sections of the property known as 6322 Brookfield Avenue (north and south of the existing dwelling). The applicant proposes a development of 7 lots for single- detached dwellings utilizing private driveways four lots with access to Dorchester Road and three lots with access to Brookfield Avenue (see Schedule 2). Future applications will be required to the City's Committee of Adjustment for consent to create the proposed lots and establish permanent rights -of- way for access over shared driveway areas. The Dorchester Road properties are zoned Residential Single Family 1C Density (R1 C -685) through By -law No. 2005 -44 to permit an apartment dwelling containing 8 units as well as four single detached dwellings, all with access to Dorchester Road. The Brookfield Avenue property is zoned Residential Single Family 1C Density (R1 C). The applicant has requested a site specific Residential Single Family 1C Density (R1 C) zone to permit the development of the 6 lots with special driveway access. The standard RIC zone is proposed for the lot with wider street frontage onto Dorchester Road. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development The applicant held an information meeting at City Hall on April 25, 2006 that was attended by approximately 20 area residents as well as Planning staff. This meeting was held on the recommendation of staff in order to inform the public and receive preliminary input. The applicant stated that the approved vacant land condominium was not financially viable due to servicing and private road costs and that there was limited market interest in the project. The applicant indicated that a rezoning had been submitted to the City for a 24 -unit townhouse proposal on the Dorchester Road properties (this application has since been withdrawn). The preferred option of the applicant was the current submission to create seven single- detached lots. Planning staff explained the development review process and noted that City, Regional and Provincial policies promote compatible infill developments on underutilized land. The residents expressed frustration with the numerous proposals for the site and felt that a compromise was reached with the current approval. Concerns were raised regarding the driveway entrances to Brookfield Avenue. Planning staff also met with two area representatives and the applicant on May 10, 2006 at City Hall. The residents advised that the neighbours held their own meeting to discuss the proposal. The resident group had prepared two alternate concepts for six single- detached lots accessing Dorchester Road: i) a central private roadway design; and ii) a private roadway location along the north boundary with lots oriented north -south and only emergency access to Brookfield Avenue. The second option was also considered by staff as it allows for the potential lotting of the rear land of the deep properties to the north. These alternate layouts were not desirable from the applicant's perspective due to increased roadway costs and maintenance concerns. 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: June 12, 2006 2 PD- 2006 -51 Previous Applications and Existing Approvals There have been several development proposals considered for the vacant Dorchester Road lands. In February 2003, Council denied a rezoning application (AM- 46/2002) for a 29 -unit 3- storey apartment building. Council also did not support a revised application (AM- 45/2003) in April 2004 proposing a 25 -unit 3- storey apartment. Issues of density were cited by staff and area residents were opposed to these developments in both instances. In August 2004, staff recommended and Council approved application AM- 36/2004 to permit an 8- unit apartment located near Dorchester Road and four single- detached dwellings along the west, northwest and south boundaries of the site. Council passed the implementing by -law in March 2005 for a site specific R1C zone. Council granted draft plan approval in June 2005 to a Vacant Land Condominium on the property. This approval is conditional on various requirements such as servicing, private roadway construction, waste collection agreement and payment of cash -in -lieu of parkland dedication. (Subsequent to these approvals, the applicant purchased the abutting property to the west 6322 Brookfield Avenue). Neighbourhood Meetings Building By -law Services No objection. Fire Services No objection. Fire safety matters will be addressed during the future application review. June 12, 2006 3 PD- 2006 -51 Municipal Works Traffic Parking Services Parks, Recreation Culture Regional Planning Ernest Dragonette Sr. (6292 Brookfield Avenue) Planning Review 1. The proposal complies with the policies of the Official Plan. Services are available to the site and can accommodate the development. Approval of a grading/drainage plan and provision of individual sewer and water lines will be required. A traffic impact study is not required. Dorchester Road requires a 3.05 metre (10 foot) widening. The width of the single lane driveway must be 3 metres (9.8 metres) and the double lane driveways must be 6 metres (19.7 feet). No objection. Cash -in -lieu of parkland dedication will be addressed through the future severances. Regional and Provincial planning policies encourage residential intensification. Although this proposal is a slight reduction in the approved density on the site, the plan provides reasonable land intensification and a housing type consistent with the neighbourhood. Waste collection will be provided on the municipal streets not along the private driveways. Opposes the application. The northerly driveway is situated next to the bedroom area of his home. Concerns regarding privacy, noise and traffic. Notes that area residents met and do not want the driveways onto Brookfield Avenue. Various matters were considered in assessing the application. Based on this analysis, approval is recommended with minor modifications. The review of the amendment is summarized as follows: 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. The Official Plan encourages 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. The City's planning policies are consistent with the Provincial Policy Statement. The application proposes the same single- detached residential land use as the surrounding properties which maintains the character of the immediate area at a very low residential density of 4.9 units/acre (12.1 units/hectare). The application represents a more efficient use of these underutilized Dorchester Road properties. Dorchester Road (arterial) is a large traffic volume City roadway and the shared driveway design helps to minimize individual entrances and allows vehicles to avoid backing onto the street. Brookfield Avenue can accommodate the minimal traffic generated by the proposed three homes accessing the street. Recommended Site Specific R1C Zone Provision Requirement Minimum lot frontage (Parts 1 through 6) 3 metres (9.8 feet) Minimum front yard depth (Parts 1 through 6) 9 metres (29.5 feet) to the nearest property line Maximum lot coverage 40% of building area (excludes driveway area) Minimum north driveway setback (north driveway on Brookfield Avenue) 2 metres (6.6 feet) (area to be grass or planted) June 12, 2006 PD- 2006 -51 The dwelling to the north (6292 Brookfield Avenue) is located 4.82 metres (15.8 feet) from the property line and would be an additional 2 metres (6.6 feet) from the proposed access driveway. There are many examples in the City and this neighbourhood of driveways located beside the living or sleeping areas of abutting homes. Vehicles are either moving at slow speeds or parking/starting in driveways. The abutting home to the south (6358 Brookfield Avenue) has no street frontage and is accessed by a long driveway. An example of lots located behind other lots is on Magnolia Drive (off Beaverdams Road) within the Orchard Grove Extension subdivision. This development is shown on Schedule 3 and was designed with eight single- detached lots accessed by shared double driveways located behind 16 lots at the streetline. Although the City encourages the preservation of healthy and mature trees on private property, some of the trees on the Brookfield property will need to be removed for the driveway areas. Subject to appropriate zoning standards and privacy/buffering measures, the proposal will be compatible with the surrounding area. The rear portions of the properties to the north (6243 6259 Dorchester Road) also have future development potential and the City is required to consider this abutting land in the review of this application. The current proposal would preclude future development options on this land unless a similar driveway access was provided from Dorchester Road. 2. The requested Zoning By-law amendment, with minor changes, is appropriate. The building areas (excluding the driveway sections) of the proposed lots are larger than typical lots in new plans of subdivision. The standard Ri C zoning eategory applicable to this neighbourhood requires a minimum lot area of 550 square metres (5920 square feet) and a minimum interior lot frontage of 15 metres (49.2 feet). Part 7 satisfies the minimum lot size requirements. The proposed building areas for Parts 1 to 6 exceed the lot area standard, however, the extensions of the lots (including the shared driveway portions) that provide frontage onto the public streets do not comply with the minimum frontage requirement. The intent of the frontage provision is to permit vehicle access and service connections and provide suitable lot width for construction matters that are appropriately addressed through this proposal. The following chart indicates modifications to the standard R1C zone requirements recommended by staff to improve the development. The increased yard depth (from the 6 metre /19.7 foot standard) at the front of the dwellings on the internal lots will improve the separation from the rear yards of abutting properties and allow for a vehicle turnaround area and landscaping at the front of the houses. There are various setbacks for the dwellings on the west side of Dorchester Road in this area and a June 12, 2006 5 PD- 2006 -51 front yard depth of 7.5 metres (24.6 feet) is recommended for Part 7. This is the same setback for the previously approved apartment on the site and will be compatible. The maximum building coverage provision is the same as the standard R1C zone but is clarified to exclude the driveway land area that could statistically be used and result in an overdevelopment of each lot. The maximum building envelopes illustrated on Schedule 2 will be reduced by the lot coverage restriction and the architectural design of the dwellings. The recommended driveway setback and landscaped/buffer strip (specifically required abutting 6292 Brookfield Avenue) can also be achieved for the Dorchester Road driveway. The remaining by -law standards including rear yard depth (7.5 metres /24.6 feet) and side yard width (1.2 metres /3.9 feet or 1.8 metres /5.9 feet depending on dwelling height) will continue to apply. There may be some technical provisions that need to be addressed (eg. driveway width percentage of lot frontage, special setback on Dorchester Road) in the preparation of the amending zoning by -law. 3. Severance /Consent applications are required. Consent applications will be needed to the City's Committee of Adjustment to create the individual lots and establish permanent easements /rights -of -way for the shared driveways and possibly for access to services. All municipal requirements will be addressed and include a Development Agreement for such matters as servicing, grading/drainage and installation of privacy fencing along the driveway boundaries and rear property lines of the existing dwellings. There may be refinements to the proposed lot boundaries and driveway easement areas based on the zoning requirements. CONCLUSION: The requested site specific amendment complies with the policies of the Official Plan and is consistent with the Provincial Policy Statement. Both staff and Council supported an earlier application to zone the majority of the subject land for an 8 -unit apartment and four single- detached dwellings. The current proposal represents a downzoning to exclusively single- detached homes. Staff support this application as an altemative to the previously approved development. Prepared by: Richard Wilson Planner 2 Recommended by: Respectfully submitted: Doug Darbyson Director of Planning Development RW:gd Attach. 6 S:\PDR\2006\PD2006 -51, AM- 17 -06, 121190 Ontario Inc., Dorchester- Brookfield.wpd Approved by: ►U' Tony Ra nda Executi a Director of Corporate Services John MacDonald Chief Administrative Officer Subject Land rA SCHEDULE 1 LOCATION MAP Applicant: 1211990 Ontario Inc. Amending Zoning By -law No. 79 -200 Location: 6269 Dorchestor Road (Vacant Land), 6293 Dorchestor Road (Rear Portion) and 6322 Brookfield Avenue (North and South of the Existing Dwelling) 1:NTS AM- 17/2006 1 qc z 0 W IT 000 .0 L NI Za K :d (2/1NI01N 9Y0tl vow) Dow .w Q F o 5 19WA WOW g! J s: H✓ a o Y L9YDC 0002 000'5 CS N LL6St L9L'L4 1 —Lett '1rr on •01 1 1 10 r L O J M6[1 I L54'8� 9SCYL Q :I el r4 Y I3 N I I Lc L W Ct W SCHEDULE 2 SCHEDULE 3 Orchard Grove Extension belay Plan SutdiwSlne Part of Stamford Township Lot 193 and Part of Road Allowance Between Lots 123 and 133 CITY OF NIAGARA FALLS muolcIP•1117 OF 18.40•R• mrcr N x...x r xe-. ry.e nI e ?1 80 a 82 Spring Blossom Dr.le ownShip 1 Ps< 1 1')1 1 y i 212 I 7 1 y ry rated Lot 123 x tit .V PLAN 59M— g am. q�sla- t7, 1449 MI couIPTSEI Or PIN Naw nw PLAN OF nap +am low Q CtA niltllr as w eer. N✓. Nww cvw' Niagara PLANNING AND DEVELOPMENT May 29, 2006 Rick Wilson Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Region The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905 -641 -5208 E -mail: plan @regional.niagara.on.ca File: D.10.M.11.23 RE: Zoning By -law Amendment Application Dorchester Road and Brookfield Avenue, north of Coach Drive 1211990 Ontario Inc. City of Niagara Falls Your File: AM- 1712006 Building Community. Building Lives. RECEIVEI MAY 31 2006 PLANNING DEVELOPMEN This application proposes to amend the City's Zoning By -law to allow the development of 7 lots for single detached dwellings that includes shared driveways. Four of the lots will have access to Dorchester Road while three of the lots will have access to Brookfield Avenue. A previous Zoning By -law amendment was approved for most of these lands to permit an eight -unit apartment building and four single detached dwellings. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Residential in the City's Official Plan. Regional and Provincial planning policies encourage residential intensification in order to make more efficient use of urban land and municipal services. Although the development represents a slight reduction in the previously approved density, the proposed plan continues to provide a reasonable level of intensification with a housing type (single detached dwellings) that is more consistent with the surrounding neighbourhood. The proposed driveways are quite long and are necessary to facilitate two rows of new lots behind properties that have direct frontage on Dorchester Road and Brookfield Avenue respectively. Consent must be granted for common access purposes and for the provision of municipal services and public utilities. Regional Public Works has advised that waste collection will only be provided along the municipal streets. The City should be satisfied that any other matters of local interest are adequately addressed. Regional Planning staff has no concems with the proposed Zoning By -law amendment from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner C: Councillor W. Smeaton B. Stevens, Regional Public Works M:IMSWORDWCWIagara FaIIaWFrblaZOrchesterarooldield .doc May. 29. 2UU6 2:18PM REGIONAL PLANNING No. 6160 P. DATE: May 19, 2006 TO: Tom Whitelaw Planner SUBJECT: Niagara Region MEMORANDUM Planning and Development Department Zoning By-law Amendment Application Owner /Applicant; 1211990 Ontario Inc. Proposal: To Permit the Development of Six (6) Lots with Special Driveway Access Locadant 6269 Dorchester Road (vacant lamb; 6293 Dorchester Road (rear portions and 6322 Brookfield Avenue (north and south of the existing dwelling) In the City of Niagara Falb City File: AM- 17/2006 Our File: D.18.04.66.644010038 (IDf3079) Regional Niagara Public Works Department has reviewed the above- referenced Zoning By- law Amendment and provide the following comments to assist you In the preparation of your Regional response to this application. In order for the Region to provide on -site household waste collection services, road systems must be designed such that collection vehicles are not required to reverse in order to exit the area. New developments that do not provide a drive through street system may provide a culde -sac (minimum 12.8 metre radius finished road) at the end of the roadway and if this Is not possible, a dedicated T' turnaround; again to avoid a backing -up manoeuvres. The submitted sketch indicates a non through street, which would not permit waste collection. g am ens, cri. Devel t Approvals Manager Public Works Department Operational Support Services Division WJS/cm LAEnglmerineanning DevelopmenAVetraroamimWiOVn. FaII$\CORRE$PONDENCE 2006111151.i.Whixlawdoe RECEIVED MAY 2 9 2006 PLANNING DEVELOPMENT Mr. Ernest Dragomen. Sr. 6292 Brookfield Avenue Nisgva Fa Ontario L2G SRS May 20, 2006 Dar Mr. Darbyson Please accept this letter in rem to the Zoning by-law amendment application City File: AM-17/2006 to amend arming by-law No. 79-200. I ant totally against the site specific R.eaidential Single Family 1C Density (RIC) rezoning to permit the development of the six lots with special driveway access. I have lived at 6292 Brookfield for fixity years. This proposed plan will invade my privacy and disrupt the peacefulness that I have enjoyed for throe decades. The special driveway access that is presented in this plan is situated on the south side of my home at the immediate arca of three bedrooms. This will effect me the most having to deal with the noise and activity of traffic at sJI hours of the day and night. Thirty chizens met r ptding this zoning by-law and everyone,diaaaroed with the two driveways ailing onto Brookfield Avenue. We agree as a runup that we absolutely do not want the approval of the two driveways to exit onto Brookfield Avenue. Plano consider this latter as my request for this proposal to be denied. Yours truly, _atta,4z, XPActe„ 04- RECEIVED MAY 2 6 2006 PLANNING DEVELOPMENT The City of Niagara Falls Canada -••■■111S His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal 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 June 12, 2006 Re: PD- 2006 -46, Official Plan Zoning By -law Amendment Application AM- 06/2006, 5471, 5491 and 5507 River Road 4399 and 4407 John Street Applicant: O.R.E. Development Corporation Agent: Italia Gilberti, Solicitor Proposed 29- Storey Residential Development PD- 2006 -46 Doug Darbyson Director p It is recommended that Council prove the Official Plan and Zoning By -law amendment application to permit a 29- storey, 250 unit residential development on the subject land. O.R.E. Development Corporation has requested amendments to the Official Plan and Zoning By -law for the lands known as 5471, 5491 and 5507 River Road and 4399 and 4407 John Street totaling 0.58 hectares (1.45 acres), as shown on Schedule 1. The applicant has also requested the City to close, declare surplus and sell River Lane between Philip Street and John Street to add it to the project. There is public opposition to this suggested lane closing. The amendments to the City's planning documents are requested to permit the development ofa 29- storey, 250 unit residential development. The development is proposed to have a maximum building height of 98 metres (321 ft.). Schedules 2 and 3 show further details of the proposal. The majority of the subject lands are designated Tourist Commercial in the City's Official Plan. The lands west of River Lane are designated Residential. The applicant has requested the designation of all the lands to be Residential to allow them to be developed for housing. In addition, special site specific policies are requested to be added to the Official Plan for the whole of the lands to permit the proposed development at the height and density proposed. The majority of the subject lands are currently zoned Tourist Commercial with site specific provisions (TC -67) permitting the development of a motel having up to 4 storeys and 112 units. The motel was approved in the early 1980's by the Ontario Municipal Board. The project had significant Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development ITT June 12, 2006 2 PD- 2006 -46 objections from the neighbourhood. The two properties on John Street are currently zoned Residential Single Family and Two Family (R2). The zoning of all of the land is requested to be changed to a site specific multi residential zone (yet to be determined) to permit the proposed development. Not only would the project be the tallest residential development in the City, it would also have the highest residential density. The highest residential density in the City's Official Plan is 125 units per hectare (50 units per acre). The density of the development is 384 units per hectare (155 units per acre) based on the assumption that River Lane will be sold by the City to the applicant, creating one large parcel. Without River Lane, the proposed development would be 550 units per hectare (223 units per acre). Site Description and Surrounding Land Uses The site slopes downward from the northwest corner at Philip Street and River Lane to the southeast corner at River Road and John Street. There is a total of five residential dwellings on the property, three that front onto River Road and two that front onto John Street. Lands to the west and north are residential. This area has a mix of single detached dwellings, dwellings converted into multiple unit dwellings, bed and breakfasts and a small number of low -rise (3- storey) apartment dwellings. Lands to the south are tourist commercial and occupied by Michael's Inn. The Niagara River lies to the east. Circulation Comments Niagara Parks Commission No objections to the proposed land use change from tourist commercial to residential. However, to bring down density to a reasonable level, to reduce impacts on neighbouring land and the gorge and to provide a transition to the low density residential neighbourhood, the height of the tower should be reduced to 6 8 storeys and the height of the podium reduced to 2 storeys. The consultant's traffic engineer should further demonstrate that the development will not have any measurable changes to traffic volumes affecting River Road intersections. Additional podium setbacks from River Road should be provided. Regional MunicipalityofNiagara The proposed development in general meets the Provincial objective of intensifying development in the existing urban area. While the proposal implements some of the Region's Smart Growth principles, local planning needs to be considered to ensure that the design achieves a compatible fit with the overall neighbourhood. June 12, 2006 3 PD- 2006 -46 Regional Planning staff does not agree with the statement in the proponent's background report which states the Region's Smart Growth principles support the proposed density. The Smart Growth principles encourage densities over 25 units /acre in appropriate locations. The density of the development is much greater than that of surrounding areas. Municipal Works There is insufficient information provided with the application to confirm that there is adequate water and sanitary capacity in the system for this project. Appropriate information and reports are to be provided at the site plan stage to ensure there is adequate capacity. Building By -law Services All required Building Permits are to be obtained prior to commencement of construction. City Clerk No comments. Neighbourhood Meeting The Region is studying the capacity of the Bender Hill pumping station (in concert with the City) and cannot comment at this time. The applicant held three meetings with surrounding residents, on March 9, April 5, and May 2, 2006. Planning staff was invited to the first two meetings. The following concerns were raised at these meetings. Several residents were concerned if public access to River Lane was eliminated. Several residents had concems with the additional traffic the project would introduce onto River Road and that it may cause infiltration into the residential areas. In addition, there were concems that parking demands for the project would spill out onto nearby streets and garbage trucks accessing the project through River Lane would disrupt residents. A couple of residents noted occasional water pressure problems and were concerned that this project would exacerbate the situation. Residents were concerned about the shadowing impacts on surrounding residential properties and the reduction in privacy the project would cause for nearby residents. Subsequent to these meetings, a number of letters of objection and a petition have been received from residents. The residents have raised concems about the height and massing of the building and its context in the neighbourhood, traffic generation by the development and the closure of River Lane. One letter in support of the development by a local resident has also been received. June 12, 2006 4 PD- 2006 -46 Planning Analysis Planning staff does not object to the redesignation from Tourist Commercial to Residential provided the ensuing development is harmonious with surrounding development in scale, height and density, does not adversely impact on surrounding uses and can be supported by existing and planned infrastructure. However, the proposed development is far in excess of residential densities the Official Plan permits, is not in keeping with building heights contemplated by the Official Plan and is completely out of character with the surrounding residential neighbourhood and therefore cannot be supported. Due to the requested change to a Residential designation, this planning review focuses primarily on the project's conformity with the City's Residential land use policies. The City's Tourist Commercial policies are also referred to as they provide some guidance on the appropriate building heights for the subject property. As well, reference is made to the planning report prepared by the applicant's planner (Urban and Environmental Management Inc.). The following is a summary of the planning analysis. The requested Official Plan amendment does not meet the prerequisite criteria for an Official Plan change. The application does not meet the relevant criteria as follows: 1. Conformity of the Proposal to the General Objective of the Residential Policies The intent of the Official Plan is to protect residential areas from the adverse effects of growth. Therefore, new residential development is to occur in a manner which is compatible with the surrounding neighbourhood and is to be designed in a manner sensitive with the neighbourhood in terms of density, height gradation, building mass and arrangement, setbacks and appearance. The Official Plan establishes a maximum density of 125 units per hectare (50 units per acre) where residential land is in close proximity to the Central Business District (CBD) and other major commercial districts where a wide range of services, transit and traffic infrastructure are readily available. Residents in such developments provide support to these commercial areas because of easy access due to their relative proximity. The applicant's planner contends that the Tourist Commercial designation will permit residential uses on the property and therefore it is permissible to redesignate the lands to Residential. Notwithstanding the policies set out in the Official Plan, it is the opinion of the applicant's planner that the site is close enough to the CBD to warrant higher densities, that the development is compatible with surrounding residential development because the stepped back building form reduces its impacts on adjacent properties and that there will be no negative impact on the transportation system. Planning staff disagrees with this planner's assessment. The proposed 29- storey building is not compatible with the surrounding development. The proposal does not conform to the general objectives of the Official Plan nor the City's Residential land use policies. The Official Plan contemplates a maximum density of 75 to 100 units per hectare (30 to 40 units per acre) and maximum building heights of 4 to 6 storeys for properties on the periphery of residential areas. The proposed density is several times greater than even the highest density contemplated by the Official Plan anywhere in the City. June 12, 2006 5 PD- 2006.46 As well, the height of the tower is excessive in terms of Official Plan policies. Adverse impacts cannot be avoided with this major departure from the Official Plan as outlined later in this report. Planning staff disagrees that the site is a good location for a high -rise development based on the argument that it is close to the CBD. The site is separated from the CBD by more than a kilometre (0.6 mile) of mainly low density residential housing. It is questionable if the CBD would derive significant economic benefit given the remote location of this project. Lands within the CBD offer a superior location and economic benefit. The development is not compatible in terms of design and massing with the surrounding neighbourhood. Most development in this area appears to meet the spirit of the current zoning regulations that restrict development in the area to 40% lot coverage and a maximum building height of 10 metres (32.8 ft.). In comparison, the height of the podium of the building is 21 metres (69 ft.) which is more than twice the height permitted in the surrounding area. In addition, the coverage on the portion to be developed (east of River Lane) approaches 100 This massive podium is completely out of scale and character with surrounding residential uses. The abutting low density residential areas will not be protected from shadowing impacts. The applicant's own analysis confirms that shadowing will impact residential areas to the west for most of the morning year round. As detailed later in the report, the abutting residential area may be adversely impacted by other aspects of the development, including traffic, servicing and wind impacts. 2. Conformity of the Proposal to the General Objective of the Tourist Commercial Policies The Tourist Commercial policies provide that the quality of life for residents is not to be adversely affected by the overshadowing effects of tall buildings. To ensure that residential properties are protected, building heights in the tourist area are to be reduced toward the periphery. In this regard, building heights in the tourist core are established in Figure 4 of the Tourist Commercial policies. The property immediately to the south ofthe subject lands are shown to be in an area of 9 to 12 storeys, while these lands within the tourist commercial area are limited to 4 storeys. This development does not respect the policies of the Official Plan regarding the reduction of building heights toward the periphery ofthe tourist core. To provide an appropriate height transition to the low density residential uses along River Road and to avoid overshadowing, a building height which steps down from 6 4 storeys should be considered on the property. 3. Appropriateness of the Site for the Proposed Use, Especially in Relation to Other Sites or Areas of the City Despite the Tourist Commercial designation, the land has been used for residential purposes and a bed and breakfast for many years. The site is suited for a residential development that June 12, 2006 6 PD- 2006 -46 reflects the scale and character of the neighbourhood, but certainly not at the height and density proposed. In fact, the River Road Neighbourhood Plan Study, completed in 1983, determined that medium density residential would be an appropriate land use for the area. The 29- storey proposal represents an overdevelopment of the site. The current design relies on Phillip and John Streets and River Lane for vehicular access including delivery and service vehicles such as garbage trucks. Residents on these streets are going to be impacted by these vehicular movements. It would be better to locate high -rise, high density residential development in the CBD to support surrounding commercial uses as promoted by the Downtown Community Improvement Plan (CIP) and Strategic Implementation Plan (SIP). Alternatively, this form of development may be feasible in the core of the Central Tourist District where buildings of similar height and mass are located. 4. Compatibility of the Proposal with Adjacent Land Use Designations and Natural Resources Land use compatibility is typically achieved through the gradation in building heights and densities and the use of adequate separation distances between high -rise and low -rise buildings. The proposal would place a 29- storey, 98 metre (321 ft.) high building about 30 metres (100 ft.) away from residential properties of a low density and height. This is insufficient distance to provide an adequate transition between a very tall building and largely single detached dwellings. Residents have cited concerns about a loss of privacy resulting from the height of the tower. In addition to subjecting residential properties to the west to shadowing impacts, it is also expected that a building of this height would deflect prevailing winds downward resulting in wind impacts at the pedestrian level. However, the wind impacts have not been analyzed. The Niagara Parks Commission also cited concerns about shadowing over the Niagara Gorge. The tower is only about 35 metres (115 ft.) from the lip of the Gorge, and will leave part of the Gorge in shadow for much of the afternoon. The Niagara River Gorge is an important natural resource that needs to be protected. 5. The Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System Neither the Region nor the City's Municipal Works Section can confirm sufficient capacity at this time in their respective infrastructure (water services and sanitary sewers, Bender Hill pumping station) to support this project. Analysis of this infrastructure is necessary. In addition, the Niagara Parks Commission, the City's Parking Traffic Services section and residents have expressed concem about the impact of traffic from the project on the surrounding road network. Although the applicant's consultants have prepared a report indicating the road network can support the development, at the time of the writing of this report, this has not yet been adequately demonstrated. June 12, 2006 7 PD- 2006 -46 6. The Need for the Proposed Use and the Extent to Which Existing Areas of the City Designated for the Proposed Use are Developed or Available for Development City statistics identify a 19 -year inventory of residential lands available for development, well in excess of the amount required under Provincial legislation to be available for development. There are lands prezoned for multiple family development in the City that can accommodate up to 924 units. On average, 44 multiple units are built in the City on a yearly basis. The need to redesignate the subject lands for additional housing has not been demonstrated. CONCLUSION: The application to amend the Official Plan and the Zoning By -law to permit a 29- storey, 250 unit apartment building cannot be supported for the following reasons: It does not conform with the general objectives of the Official Plan, in particular, the residential areas are not protected from the adverse impacts of high -rise development. The subject site is too small to support this development. The application presumes the closing of River Lane which is unacceptable to area residents. River Lane contains municipal services. The height, density and coverage of the development is unprecedented in the City and will be completely out of character with the surrounding residential area. Adverse impacts on the surrounding residential area and the Niagara Gorge will occur, including unacceptable shadowing of residences and the Gorge, possible wind impacts, increases in traffic and service vehicles accessing the building though River Lane. It has not been demonstrated that the surrounding road network and municipal services can support the development. The Official Plan directs high density, high -rise developments to areas adjacent to major commercial areas, such as the Central Business District, to support these commercial areas as promoted by the Strategic Implementation Plan. Andrew 4 Planner 2 Recommended by: k a- a oug Darbyson Director of Planning Development AB:ko Attach. S:'PDR\2006\PD2006 -46, AM -06 -2006, O.R.E. Development Corporatio.wpd Ap prroveed by: L— T. Raven Executive Director of Corporate Services Respectfully ubmitted: b ar John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP Amending the Official Plan and Zoning By -law No. 79 -200 Location: 5471 River Road 5491 River Road 5507 River Road 4399 John Street 4407 John Street Applicant: O.R.E. 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I IIIIII111k r 3 I III I II 11 I IIlllllll� :1111111110 :11111111,I Ill "`;1111 1I1� I III IIII 4 `111111 Andrew Bryce City File: AM- 06/2006 From: "JOHN NATASHA" <nsimanic @cogeco.ca> To: <abryce@niagarafalls.ca> Date: 5/26/2006 1:48 PM Subject: City File: AM- 06/2006 TO: Mr. Andrew Bryce, Planner 2, Planning 8 Development, City of Niagara Falls FROM: John Natasha Simanic, 4480 Philip Street, Niagara Falls Dear Andrew, Thank you for responding so quickly to my first correspondence with you. I thought it appropriate to submit a formal complaint to The City of Niagara Falls regarding the proposed development on River Road between John and Philip Street, and put in a more eloquent manner. The reasons my wife and I are against any such building over the 4 storey limit currently allowed are as follows, This building is monstrously large projecting over 300 feet into the sky There were no set backs on the plan Some of my neighbours will lose access of the laneway, and one house still hes a garage facing onto it There would be a huge influx of vehicles into the area It would add a significant amount of residents to the neighbourhood. I am not a trained city planner but would there not be an issue of population density? The building Itself would rob the beauty of the gorge area Its uglier than a sin On top of those issues mentioned above, Natasha and I are very conoemed as we are investing over $250,000.00 of our life savings and loans to create a beautiful custom renovated home. We feel that a building such as this would not add value to our neighbourhood and be a hideous eyesore. Nor were we impressed by the way the developers conducted themselves during the meetings we went to, as well as another concern of their lawyer who also represents the Niagara Commission. They all acted like this was going to be allowed and we couldn't do a thing. That is why I was forced to deliver 1000 flyers with the help of my wife and our neighbours Deborah Jackson and Ken Murphy. As mentioned earlier, the community as a whole will be Joining together to form a residential association where we will act much quicker in the future to stop this type of thing. In closing we can only hope that the Planning Department would not recommend a building like this in our neighbourhood, and that City Council act responsibly by not allowing any structure be built that would take away from the natural wonder of Niagara Falls. Sincerely yours, John Natasha Simanic Phone: 905-358-1906 Page 1 of 1 file) /C:\ Documents% 20and% 20Settings \Administrator\Locai %20Settings \Temp \GW }000... 5/262006 Wednesday, May 31, 2006 TO: Mayor's Office (Mayor Ted Salci) The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario Canada L2E 6X5 FROM: John Natasha Simanic 4480 Philip Street Niagara Falls, Ontario L2E 1A6 Phone: 905-358-1906 Email: nsimanic @cogeco.ca RE: Proposed 29-Storey high rise on River Road (City File AM- 06/2006) Dear Mayor Salci, Sincerely yours, G t6e) zur Plamuni )tan �cr C.iErks RECEIVED MAY 3 1 2006 !SPARS OFFICE 1/ Please find enclosed correspondence between Natasha, myself and Andrew Bryce of the Planning Department along with a petition against the above mentioned project. This is a disturbing proposal in which a developer would want to forever destroy the beautiful area of the Falls and Gorge area with such a large project, and one that in my opinion is truly a hideous building. Coming from a construction background in custom homes with provincial qualifications in construction and design (Building Code Identification Number 22350) and a qualified residential renovator I have to admit this would not benefit the Falls and Gorge area with this type of size and style. I only had a few days to organize this petition and we were able to get 199 confirmed signatures of residents in the City of Niagara Falls, with many being quite vocal in seeing this area ruined and I'm sure more as time goes on. My wife and I moved here in June of 2005 because we were taken aback by the natural wonder of this area and as such will be investing over' /a of a million dollars into our tired home and turn it into something that will compliment this area where we would like to raise children In closing I would like to say that your job is not an easy one as you must balance investment into our city and keep the residents happy, but this is one project that may be better positioned elsewhere or conform to the current zoning. Thank you for your time Mayor Salci and I look forward to seeing you and Council on June 12'. John and Natasha Simanic Monday, May 29, 2006 TO: Mr. Andrew Bryce, Planner 2, Planning Development, City of Niagara Falls Phone: 905- 356 -7521 Ext. 4232 Fax: 905- 356 -2354 Email: abryce@niagarafalls.ca FROM: John M. Simanic 4480 Philip Street, Niagara Falls Phone: 905-358-1906 Email: nsimanic @cogeco.ca RE: City File AM- 06/2006 Dear Andrew, Please find enclosed 16 pages of petition forms (199 signatures) which are against the proposed 29 -storey development on River Road between John and Philip Street in The City of Niagara Falls We as residents of this community are against any development which exceeds the current 4- Storey (40 feet 12.20meters] in height) structure that it is currently zoned for; we are also against any further expansion of the commercial sector into our residential communities. As mentioned in earlier correspondence with you, if the rest of the city were fully aware of this proposed development we would have had many more, but it was the best I could do for 3 days of work. On a more personal note this was a very troubling affair for my wife and I, as mentioned we are in the process of investing well over $250,000.00 into our house to create a custom home that would compliment this neighbourhood. Not destroy it. The Simanic Family was synonymous with quality custom homes in The City of Mississauga and even though we have moved onto international development my wife and I wanted to live and raise our family in what is regarded as one of the most beautiful cities in the world, and be proud of it. In closing I would like to thank you again for your time and was most impressed upon your professionalism in handling this sensitive matter. Sincerely Yours, John M. Simanic cc- Mayor Ted Salci, Alderman Wayne Campbell, Alderman Jim Diodati, Alderman Carolyn Ioannoni, Alderman Vince A. Kerrio, Alderman Selina Volpatti, Alderman Janice Wing NEIGHBOURHOOD ALERT On Monday, June 12 2006 at 7:00 pm City Council is meeting to consider an application for a 29 storey (321feet high) apartment building with 250 units on River Road between Philip and John Street. How does it affect you? According to the developer it will add an additional 350 cars to our streets Heavy trucks and machinery rumbling through your neighbourhood Additional garbage trucks coming and going to service the 750 to 1000 new occupants The building itself is monstrously huge and will be an eye sore to our community. Additional strain on our services could be affected If they are allowed to build this huge building it could set a precedence for future builders to quietly buy up land to build more large buildings right next to you It will add too many people to our area (higher population density) Higher property taxes It will forever change, in a negative way, the landscape of the previously protected Niagara River Parkway The developers are hoping YOU are uneducated and nn- informed and don't show up so they can get away with this. Most of the neighbourhood residents have not heard about it and those who have are against it. What can you do? Give me a call as soon as possible (BEFORE May 30 and I'll stop by your home so you can sign a petition that will allow our community to act as a large group to stop this lunacy, it will only take a minute of your time and force the politicians to listen to you. Or you can come to City Hall on Monday, June 1e to voice your opinion. RECEIVED JUN 01 2006 PLANNING DEVELOPMENT Thanks for your time John Natasha Simanic 4480 Philip Street Phone: 905- 358 -1906 Email: nsimanic @cogeco.ca Dated: May 25 206 NAME ADDRESS TELEPHONE I SIGNATURE KrdniaRmy 6 RIVE' k Ro .O, F 3y 621 1 d E rU tl UAPII Y' s 4 I vE rf A'QAp„ 'FJs 6o WA ..tra lir i °We S 351 Otte 5 O NMI I fL: t t ili a A v A i i O _s 'PAM iOoo/714n) Cl/1-1 t 4 r S-f E1.J -4E 2 4{ccH(.4T( `tool3 EM sf 45 2 1 cooed j ).13RtdGE Co q363 2e•co. `f± 3a`6 «31' 0 ti Ama (•J 5077 gite 1; e 37( 05az. >..S &€.556ric 5lad'2A AK-- �r `fis 3se asp tt 1 5. t -L1 'Jeri wfr J yam .LAPP lige° r 7 npco Si- lea( j w 0 s ter 357 2°5 an FtAKa1..7 $47 76, K `1c53S7 PETITION AGAINST THE RIVER ROAD APARTMENT /C OND OMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print 1. 2 3 4 5 6 7 8. 9 1 1 1 1 1 16• PFTITION AGAINST THE RIVER ROAD APARTMENT/CONDOMINIUM 4. uR. atsteRvep c0tRY 5.11R. 8u12KE 6. k73rc on 8. C tj Y?D.✓ 1)04/1/ 9 •zl yet CRYSLdg 10. HRS CSUHA 11. HR. C`su w.9 12. 13 „r cern 14. Wane 1 15.6eiz,.e 0h9P 4 1W36 O 4 eew 5f. WRSI River Rea 4 13 4 17 triroe v'f-. 1330 toe' 01 y 770 ticaoso4 9r' 5325 014-09a.10 Ar. 5:17 S O?4744o Avr Aire <..c 442,* 2.9rt,P 5 T 4OS 35 7224. G 90< -to 0 458 tf- 9oS- 354 9951 r 351' -0, 71 105-361 90S .574 b'rTd The following residents are against the development of the proposed 29- Storey Building (City File: AM-06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print NAME ADDRESS TELEPHONE SIGNATURE «MW)' 1 .:S NAier */274 Elks Sf. W c-A.4 3S�°33 2. co V363 Sete S- 105-354 -33713 2 PAU -2;04 3. 433 >jneoe 901 35'e- 3 -1V Ya '35`6 34w k q os- 35`8 -cis Yo 3m -4553 x c(hz t_ Cudtc, 9 AoG s 90S 3'1 5 Y1 AC NAME ADDRESS TELEPHONE SIGNATURE U (vtiA cPAISKY WC5 5iticot 37`i- 'RS/ 2.1.�q�y G i BB 431 13N-ipi- rel,t7 6 ica .r 3 6 (13R 93 1 40#ThcLD 35 61cc1 to I (,Y�G �p 4. L.&.?tE )AcGILLivRA7 `�b j E cJ3 T. 4 c.0 T 47Y s 37Y- �3 P 11 I97 .1.� 5 :W w Y Gtc A 6. CH/?(5 Lo/ THAN cf611 Sid 5 5,- 7. 6 G G Ave S6- so 8.' /voNlJE 6E (.4...K(._ boo S St. cfar r Aux?. "5i6— 'sot 1 9.3 F%RGO E '(627 &s4 -mas. Cr. 356-- egg A i IF 1o.gieur.Fcn I r; 11. GALE G,ReGc.b 9627. 6s4..t,P C.,�. -3 ¥323 6111, `4-. ;67Y- IYTi1 :p 12. Qia 5 11- �a+.I(C.._ VY" PIE* 5 I 3S'S -1 /l 0, 13 aqi, ttJItce t iJ S y _�`L1..i a 1711 a6�? 14. '340 Ito Yyt Cr- 15. 41' Please Print PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. NAME ADDRESS TELEPHONE SIGNATURE R IC i1337 54- 35'7- s ML AIJSA RAL EV /G W337 046 4 M7— '78'x'7 'n +s. ti 7 aa'f�r sw. 59 fl2.c( east 4 35Y- RY73 1 G t (ARG 52 2 -q eadeett.; A s' 0`42- rill e C P r U g c s V e/ /c o G 3 3- 5r3 -i k (26 V P h4pIi �f til s cLI id- 4 3S7 -SSA r s K€ W( s c 5i, `S 27 S RS 1. N�/:1 .1 /3 S GT St. 3 s r' BO B 7aYSEAVY 1 1390 a Si, 35r-7 r r% S' 51. Clair Ave :i57- •'/6225 J'nl71/ lus_FY '/3 i 5eh 54-, 3S7- 5569 v C lj i/ r- V 7 8 9 1 1 1 1 1 1 Please Print PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM 'Elie following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print NAME PETITION AGAINST THE RIVER ROAD APARTMENT/CONDOMINIUM ADDRESS 1' cam, 0AVC Gc tiJ 52.75 Own t4SNawnl CO&4 N ygy5 Onl$w,o Ave 9 -31I -3767 ✓S.GREG -mice `fgY.S OA4PIO Ave 15- 371 -3767 ►IA 8' O b -�5 v PAM 6A0JF1Z YS"'/c Q.•.ric 4ue <<t- 6R65 st a6r 10C-3 6 -,11S t7A EE `13o. Q(i5 1. MEVfr4 ¥36V a r 4 2 NuMJ W 4 13 75 Clef sf ✓13 vdetrie, 35 4 6€ c,� ✓142 iii 1Rl.ues 5/'9,6 Dana 4r� l e'rSy Xs.oufe reRRE$7 q351 akar5 105- 357-/025 J TELEPHONE SIGNATURE f) 'CPS 37/ -376 '70S- 371- 1(.07 4 has X53 -q 35`' '522Zu 414 aZi NAME ADDRESS TELEPHONE SIGNATURE 4 j f `n l a 0 —ZZ,, 31 y6 l,popt,p,t -'n,- JK 61I 2 aZ 1. i. The following residents are against the development of the proposed 29- Storey Building (City File: AM- 0612006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater Please Print 1 5 6 7 8 9 1 1 1 1 PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM NAME ADDRESSS TELEPHONE SIGNATURE 2 ^AtOd" ff r/t1C Y3SO f9vn 21 7 °s' 099 #1��� ciAflgolv Coco 4 &30 E Arnc,l)�-1 Pple 3 )-7/ o 77 Qom( d. sd7( viC)6A0\ la—g? Ss A-DatAlla S471 0/4c4 Prr, 3S+-t Ili 3 k tcA c- be *co/ 5 Itn\-giv-;o pre. 3 S S 9 &1Z a,,.Q. \Se \oe-k 0. -i t∎ t aQ 1 -e s it-e kLcx.ot 1.0)-1 v w- 3 e- '?-e i. i. i. The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print 1 2 3 4 5 6 7 8 9 1 1 1 1 1 PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM NAME ADDRESS TELEPHONE SI NATURE F6Rek3 /kW 5 62,I ffvet: La. cr'5 -35sr -76702 WS- '358- `T6"72 /1i. .a.1 r i atog7 PAWL/ NO 54(5 gileK, LA Le 1�A$7-0% Seancl Rimer Ave_ q0- 35W -2sc12 qa5- g5q -260 a Le WA5reeS Sot l Rlr -,c/' itve d J) Ru rig )n rn 65 `ff, ansTwacab 905-3.5 -Si 7` 6 2 u lam Ni s 'h EI`75 Do 01- -11 Ni BETH �}3doK YSSC/ J e Jh�i iw 6 3 :.•sum 51-_ a ;i ce Katy 4 /6 31 :F ps. 5- 357-9- c1 a ii[ [.BG7TY SLES jg79' RYU'ts 3 (R, N. 375 -In t ii PC S-, 'g ups -1V17 YEN is a� CR I. r PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print 1 2 3 4 5 6 7 8 9 1 1 1 1 1 a N 1 ADDRESS TELEPHONE SIGNATURE 1- ..1 -A-. g3a6 ba ii e5 13/V 439 <itioi9 0514lA .1 d o 1 1 s 6 LA, ,..1 1. 1 1 o 3 6 3 4 3 d ScJi 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM 1 h following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print NAME i 2. Kevm 1$IOc4 3. P,xrii L 81 »k ADDRESS 9.767 I&r.r i oad 405- 358- 3008 '7 &7 te had ao5 --re 1-1/0 v 5. Pk 6. tiro JivtdaiGut- (314.ok `to8 z�ttl 7 Nogni el Pe(i.ex'in 10. 11 12 13. 15. y'-\B Pki li? 5f, 1 TELEPHONE SIGNATURE 7/17 Cnsry st 351.7 a�� H Fortit6Lh ?d 357 -yq9 3 a *5) 35 5\--V? Z A fQ P �jj 1.4 S J 6 as -35" /-3 4 .0 0 /f /iii. A 19 C31 t R t e,r Ci Sb W+ S'U 5(1 for 4Ct Kb %s 3C8 -1atfl (4 &'S4 ma f yms ;cif 9 C3 9F /05. 357-.2 z V�w E_ Can BAAJ Please Print NAME 3 5.0 CAUta. 10. PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. ADDRESS TELEPHONE SIGNATURE 1.W(LL An f3£A, 7. 7 rib L oP/Act Pr33t-MX Ic 2. r /l 4 m� 4497 g E« „Sim l.C,r 7 'i%or _a.rc, a s p 3 73D fE4 ii t 96 c '.sot yo 3 C Rb~ 11. i ///O7� syl 12.E f 6733 4CG) a. (2)3-_ f0.5 13. 7J /k,% Kt, 2,1 ;2 /ILL Avtv 2 easaadeld-76 a t 79 ;1 4 ,4," 14. 15. 16, 1 76 Am go( C5 N. e "52 -R5 41840 57 N F 0 5c7' SSG/ PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print NAME ADDRESS TELEPHONE 4 l of/ eo/ 4 e."-- (gs7 ft' `/a� 33 chi SIGNATURE qi f/ ttm` isz -qS 47d aj) 5.41 4.5 dots,,., a, 703 —021/3 i 6. g.A,,,,LQ a tt6zl s St 3n- 3L (i7 96s-3S Lt u •y r n I? d 30 DoQCtE T i2Gfivin Th oR_A/INCs54/2- S` 3 _1 a 4. Wig 4 P ,S -3%14 1C —p b59b Mo Ay_S 9os 11 .5ftp' 1 n In u0 €irr (n cto 1-{uelLivi i tc�S- 13. f 1 stRoP X 78 3 15. i6 ,v 2 coil"( •is° k-Dcry pie 7 Q ij(AtE/ -,N :ma 4ic .1��,ci A/ /e4 11Gi710 it t"f Peei :5 u 5 S elfOr. 14. 354 -71,5 1/435 sr. os 6w 995 -3.5 (7 &C 'Y- ,5'.5-4z- j OS 3s -515g 9°3' .35 albs 1/49 7 V6 4 3 NAME ADDRESS TELEPHONE SIGNATURE 1. �K.S e47061 CI T H 7 y a -S, c4Sov. 'i'M Ph lip -t 5e6" 3S1 -3+b O E r 3. F k P g flijia 4 1 4/K35-Mt f 4. Sta -4Jic- bJc"5 6748 A 7 1 /1 9 V- s r nl .o• ybs .3.6-6-4/33 4 a 5. LAUVa Sark e251,4 s+cwn4 vci Fivee Dr. N•F D. 905 9 0 i 1 I 6. Lt {a S' +ark 6W1 S+amPord Cnrzzn "Dv'- N.F.O. `>-357.,_`j21 1 A. Mal LCJL. qoC Lyv,llv'S* lr. 1.1-7,9 q,o5-- 3 U•96 4 240 8. 9. �j>ll� 9 (�6�F /�Fo�t) �A k,k b lILb�3� �Gt 10.65t P" 61-- 1NtJ X12._. 100i tr r 11. 5- fi4RV d•e killf 9bS 3st oxk 12. i .914, d i c S- 0 b/ AS* 13S- L l b (p7Z7 ChttiChit ST NEN i /17/ 1,t 14. tl (o&(jt't t 1 15. a A ,vn au 4-7 2 ?Co die On to C 6 905 3 s/ 921) PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print N ADDRESS TELEPHONE SIGNATURE L it M VII 44 !'4), i .L OS 3.�.-1- 27 /iw'1,- .Can !race 73l tjri-two€4c 707 ?76o'; tits Cage Ir 1 A.. C77 Q5F 6)&0. v -355 se lam. l ia) �k tl 47 J)c '3 -?1P/ ktfrecto pas, i zIG �o stwo ocj C /i J._ 'i,�. s. 00 7 fn D. f 40 Ar j�� I// niel s id 5t 3 4 Irk, 4 _co-7- v0 2_� n/� /J x/77/ er 5I it qo Ayefsce( 358-.607 a, /�l"�° Scs5 `�,,en r l G (Q 45n cr y erS y ��3 j 1 3 5 6 7 8 1 1 1 1 PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print lease Print NAME ADDRESS TELEPHONE SIGNATURE r SS`I 4- 1-4-4,0 *LA- v 0 O.vo. ?54 0102 4 T4 Li. �.a /!1 .Ili S6 9Iz,,, g- 35-7 z gIP ar, 3 i 2 z 6 3 5 Ac k.: ,e, 3 5 g)-- 7 7/2.1 L I. 3. I. i. The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. P 3 7 8 9 1 1 1 1 1 PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM NAME ADDRESS TELEPHONE SIGNATURE t e `oS 3526 "r C t o sx /L—/' ,re 0'4 /0 p 5- x_553 �i _2 5 art A u .r o,.., Rh ss 13 LAcKrit 'S9 A•lL -.t 5 -et -c3 t j k cac ,M €S 50 ar± S c5- a I,... 905. 2 _Ali r �c�.. Lei (e. j p t VI 5 4 N O L n k item LotictitA x c s .4 9 i t q l PETITION AGAINST THE RIVER ROAD APARTMENT /CONDOMINIUM The following residents are against the development of the proposed 29- Storey Building (City File: AM- 06/2006) on River Road between John Street and Philip Street in the City of Niagara Falls and do not wish to see the zoning changed to allow for anything greater. Please Print 4 5 6 T 9. 1 1 1 1 1 i ae t a �itllp 4.44 4 71 ,444. R 4 4 t ha-7LS i titro s t 44-n 4.14 tt, 4 :€%/A Wtt ti oG itt Cr/ liar A 0 All 0»S 1 L,--64111 /b/r1Ry64 /rnbn.Y'. -43/ "24644-7 Ito() 4inicktosi 4344 y r y c, ek clo-� ti t,eie rr �a- c�o-eo 4flo# ..�iN Y1 .ih r nt41 v ri, 1 A4 x/Akt Pin Aryt., Avg .1-444:444- ,a r„a/ .et alt.A.,A 44,m al i t 1 'Z Avni 1.p, RECEIVED MAY 17 7006 PLANNING DEVELOPMENT Z 4 8 .r .3 ,e a.- „a-c...La, vt, d 444-04 A ,44.2.9 at, rila .esn g p a-4- 4 4--r-in-ad thc4wriciehlitifi triertertahr nn ,a4 ths ,,,ausi,4 saaf rnt Semi-- 6.- te-f-vni if P-e _e Mex. sk ikkit, 21k .wt, db 6 T.O a {PAA amt. 4°475 l 74:21 A4, I k 4 4 44tua Gat ;at it AnT er-,A� 4. RAJ f: Hi -th i t -4-criirat 4. A/44: AAA$11 rend r et L �9, cd- c es C .c, se( ,w ►t/ tai' 9 e f o r4-e-a-ect/ aLutratt4a ata- Ws. Ili Fah f 1- &pat e An tit D`ia.2 3 arm -f-.u-t1K bs. a t, /3a �44 4 ,cam„ -tin) 4A-4* JL s C idt Pc- 4 r Gni 4■60141k, v 404 /<-1^t1 (qo )34_(0718 der -eAr“ 4- %.e. 41444 4444.4 44.44 lek,* aagnt,4 4I NIRC. FALLS CLERKS 45291443 vi4 27-6 r3 Arna Rte.', Ct 044 at r2/en 06 5ifoi 4 Q4 O /L-RkI 2 -?meYo 6 a a �,to i y ee .wn: Et 4/ a Y pic n,„/ con_frht/ ,24, fic r‘v 444}41 icy Ae-11 v PA'S' May 16, 2006 Director of Planning and Development City of Niagara Falls, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson, Go for it folks, Best regards, 9rn- n B g ard �d Al Dolson 5435 River Road, Niagara Falls. We are writing in support of the proposed condo development to be built on River Road between John and Phillip Streets. We have attended the last two information sessions and were extremely pleased with the presentation, the quality of people presenting and especially the quality of the proposed buildings. The developers appear to have taken the location very seriously and are using materials that seem to fit well with the landscape the surrounding area. We feel this project will bring both jobs and people to the area and will improve the tax base of the city substantially. We also have to recognize the benefits of intensification projects. We really feel this project as well as the proposed redevelopment of the down town area will change the way people view Niagara Falls and will bring an entirely new group of people to the area, people who will come for the cultural activities, people who would not have come for gambling or for the type of entertainment offered by the Clifton Hill area. We have talked to many of our neighbors and the vast majority of them are in favour of both projects. We are all embarrassed by our current downtown. The perception of Niagara Falls by people we meet in our travels is that it is a run down city they would never consider living in. We would love to see that change. We can't wait to be able to spread the word about the marvelous place it is going to become. When Al and I are planning vacations, we always go to places that have interesting, vibrant downtowns. I don't believe there is another city in Canada that has the potential we have here in Niagara Falls to completely remake ourselves at comparatively very low cost because of the extent to which we have devalued our downtown due to extreme neglect over a long period of time. RECEIVED MAY 2 3 2006 PLANNING DEVELOPMENT To: Director of Planning and Development, City Hall, 4310 Queen St., Niagara Falls, Ontario L2E 6X5 From: John Haitos Linda Savriga Haitos Joseph Savriga 4443 Hiram St. Niagara Falls, Ontario L2E 1A2 Regarding: City File AM- 06/2006 Dear Director: We wish to formally voice our objections to the amendments for the proposed development on the River Rd. between John and Phillip Sts. We have lived on Hiram St. for over thirty years and do not feel that this development is in keeping with the overall residential aspect of the River ltd. In view of the recent developments concerning Queen St. revitalization, we feel that such a development should be in the Queen St. area in keeping with the plans that city council is endorsing. The increase in traffic is another of our concems. With over 250 units having possibly close to double that number of vehicles, this would greatly increase the traffic in this area. Our summer traffic is heavy now and we think that this development would make a much higher volume of vehicular traffic that would be unbearable at times. We also have concerns whether or not the lip of the gorge is able to sustain such a heavy load without collapsing. We recall that previously a similar development was rejected after geological studies were done on the rock formation of the gorge walls. We also feel that any closing of the River Lane would seriously hamper some residents gaining access to their properties. We also feel that the shadowing studies should be enough evidence to warrant not letting this development proceed. Thank you for your attention to our concerns. Yours truly, c John Linda Haitos Joseph Savriga RECEIVED MAY 3 0 2006 PLANNING DEVELOPMENT Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario. L2E 6S5 reference: City file AM- 06/2006 Dear Sir/Madam: Diane Clayton, 6509 St. John Street, Niagara Falls, Ontario. L2J 1C8 (905) 357 -2690 May 25, 2006. irs41 I lived on River Road twenty seven years ago for two and a half years. What a beautiful area and view, unspoiled by over -sized buildings. I was disappointed to have left the area. I recently saw a notice for a 29 storey, 250 unit residential development to be built on or near River Road and John and Philip Streets. I cannot believe that anyone would allow this building to be built, thereby destroying part of the beautiful view of the river. While I do not live in the area any longer, I am a firm believer that the river belongs to all of us and we all have a responsibility to protect it not only for ourselves but for future generations. I understand that presently these lands are zoned Tourist Commercial allowing a building up to a height of four stories. I would think this plan was put into place to protect the views and keep heights fairly even for aesthetic reasons. A 29 storey building would look terribly out of place. And what of the people who own homes in this area, I'm sure they felt they too would have their properties and views protected. If the area is allowed to be rezoned, allowing the builders to get around the present restrictions, when will it stop? It would only be a matter of time before monster buildings take over our parkways. Please accept this letter as a formal complaint against the adoption of the proposed amendment and possible future building. I wish to be notified of any decisions regarding this application. Thank you. Yours truly, Diane Clayton. (I t 04,c.} RECEIVED MAY 3 0 2006 PLANNING DEVELOPMENT Karen Hein 5421 River Lane Niagara Falls, ON L2E 3P4 May 25, 2006 Dear Director of Planning and Development, RECEIVED MAY 2 9 2006 PLANNING DEVELOPMENT I am writing in regards to file AM- 06/2006. Due to my work schedule I am unable to attend the public meetings to voice my opinion on this matter. I am a resident on River Lane between Philip St and Eastwood Cres. I purchased my home in this area for the theft that it was a safe, quite, friendly neighborhood. By building an appartment which is to house upward of a thousand people the safe feeling may be in jeopardy and the quiteness will definately change. It can not very well remain a peacefully community with and extra thousand residence and increasing traffic as well. The heavy trucks needed for building this project are sure to do damage to our streets and possibly our homes. Old homes such as the ones in this neighborhood are sure to develop cracks in the walls and or ceilings. Will the city also be paying the residents to make any repairs for damage made to their homes? Right now we have a friendly neighborhood, greeting one another in passing and caning on conversations with our neighbors. Bringing in so many new occupants the attitutude people have to one another is sure to change. It will be those residents currently living in the area that will suffer the most. We will go from minimal traffic on our streets to an excess of large heavy trucks and building equiptment, as well as an abundance of noise and dust, followed by new occupant traffic. It is also unfair to that at some point our property taxes are certainly going to skyrocket. As a former tour guide with the Niagara Parks Commission, the Niagara River Parkway is an enthralling sight. By developing a monstrousity of a building right in the middle of that will do nothing but take the attention away for the beauty. Niagara thrives on tourism, what tourist want to come and look at an eye sore in the middle of our breath taking city. Tourist do not want to see it therefore they will not want to come here, in turn jobs will be cut and no one will be able to afford to live in the monstrousity anyway. This is not a big city that can get away with putting up enormous buildings. We are a small town focused on tourism. This development is not required, or at least not in this area in which you are planning to put it. If you really feel the need to create such a monstrousity could you at least place it where people do not have to look at it. Sincerely, Karen Hein (Concerned Resident) y� g! S 9 W t ,,q�p 3 a o m 6 s wi a 4 ill 6 k b a- a 9� w 6 9 fl N i oo a il pQ II e 111g1/6 MI a bg1 e gi N Hill li A 132Ts e p8, 4.- a' i a II i 6 9 q Y 0. so 114 14P Zoe p g- Itia. 11: AlagilifF41012!li 996 °a �8� a p ba m e� e o3� w p' gp iT o�j !p� 08 �7 r i s 5 o a q 50 0 8 r W o it 1 8 ep A 9 S 'a A IF a LA2P 8M 11 g 'g 'ilia May 16, 2006 Mr. Dean Iorfida City Clerk The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6XS RE: Club Italia Picnic Fireorks Dear Dean: Sincerely, CLUB ITALIA PICNIC COMMITTEE Dino Fazio Committee Member =Aft r S e/ i n 4 e/ rfla aka Club Italia Lodge No. 5 R.R. #1, 2525 Montrose Road Niagara Falls, Ontario, Canada L2E 6S4 Phone: 905- 374 -7388 Fax: 905- 374 -2044 LIBERTY EQUALITY FRATERNITY Please be advised that plans are underway for the annual Club Italia Picnic to be held on Sunday, July 9, 2006. As part of our celebrations, we would like to again include a pyrotechnic fireworks display at approximately 10 pm. We are utilizing the services of David Whysall International Fireworks (the same firm used by the Niagara Parks Commission and the Winter Festival of Lights for the fireworks displays over the falls). The Club shall be properly insured for this event and the fire department will also be notified. At this time, we are requesting City Council approval for the pyrotechnic fireworks display to occur. Should you have questions regarding this request, please feel free to contact me at 905 374 -1616 x. 46. i 9 OHDat n o Pg21.p cc: Frank Candeloro, Club Italia General Manager Joe Talarico, Club Italia Picnic Chair www.clubitalianiagara.com email: clubitalia @computan.on.ca Down Niagara Fps Board of Management May 30, 2006 P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Mayor R. (Ted) Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario P.O. Box 1023 L2E 6X5 Dear Members: On behalf of the Nomination Chairman, please be advised that Sam Stevens, one of the elected officers to the Downtown Board of Management retired at the end of April of this year. In addition, Mordechai Gran has been unable to attend board meetings for several months. At a recent meeting held May 23rd, 2005 the Board selected Dave Govan of The Camera Place and David Dancy of 105.1 The River radio station as replacements. City Council is being asked to ratify the appointment of this new member to the Board. Respectfully submitted Dorothy Duncan Administrative Assi tant Downtown Board of Management Downtown Niagara Falls: Where Friends Make the Difference Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia@niagarafallsdowntown.com www.niagarafallsdowntown.com 05/30/2006 12:42 Date: Tuesday, May 30, 2006 TO: Dean Iorfida City Clerk, Niagara Falls (905) 356 -7521 Ext. 4271 Message: Dean: Len Cade has asked me to fax the budget to you. If further information is required or you have any questions please do not hesitate in contacting me. Bev Cannon Bookkeeper for LLBIA 9053575046 CANNON'S BOOKEEPING 4091 Brookdale Drive Niagara Falls, ON L2H 2A9 TEL: (905) 358 -9033 FAX: (905) 357 -5046 FAX CANNONS BOOKKEEPING PAGE 01 pages faxed: Three NIF'. FALLS CLERKS '06 05301225 From: Bev Cannon Fax: (905) 356 -9083 RE: Lundv's Lane B.I.A. 2006 Budget 05/30/2006 12:42 9053575046 LUNDY'S LANE B. 2006 BUDGET REVENUE Budget 2006 Income Tax Levy from City $270,000 Interest $1,500 TOTAL REVENUE $271,500 EXPENSE MARKETING LL VISITORS GUIDE Expense Artwork Design Costs $6,500 Expense Distribution $20,000 Expense Printing $54,000 Income Advertising Sales 436,000 Total MARKETING LL VISITORS GUIDE $44,500 MARKETING Other Billboard Advertilsng $26,745 CAA/AAA Tour Books $18,308 Call Centre $3,000 Festival of Lights Advertising $3,000 Love on the Lane Promotion $500 Map Visitors $1,500 Marketing Co- ordinator Fees $5,000 Menus Magazine $1,000 Misc. Advertising Promotion Cont. $5,000 NF Review Christmas Retail Ads $1,000 NF Tourism Tour Planners $2,700 NFT Dining Shopping Guide $2,400 NFT Tourism Guide Niagara $1,000 Niagara Golf Trail Ad $750 Niagara Seasons Magazine $6,569 Niagara The Visitor Magazine $7,056 Tods (Canadian) Signage Ont.HWY $5,000 Web Site Links $1,000 Total MARKETING Other $91,528 EVENTS Candy Cane Lane Advertising $2,000 Banners $5,950 Candy Canes Displays $9,500 Power testing circuits $5,000 Power usage $1,000 Sponsorship WFOL $12,000 Street Planters $10,000 Total CANDY CANE LANE $45,450 CANNONS BOOKKEEPING PAGE 02 05/30/2006 12:42 9053575046 Lundy's Lane Improvements Summer Baskets $14,400 New Streetscaping /Planters $43,000 Total LUNDY'S LANE IMPROVEMENTS $57,400 ADMINISTRATION GENERAL EXPENSE Audit Expense $1,750 Bank Charges Interest $200 Bookkeeping $2,500 Insurance Director's Liability $1,450 Insurance General Liability $1,250 Mail Box Rental $80 Membership Dues $1,300 Printing Postage $200 Total ADMINISTRATION $8,730 Casino Shuttle $5,000 Total CASINO SHUTTLE $5,000 TOTAL EXPENSE $252,608 NET INCOME $18,892 CANNONS BOOKKEEPING PAGE 03 Memo To: Dean lorfida From: Harry Oakes Date: May 30, 2006 Re: Clifton Hill BIA Levy Clifton Hill BIA Please find attached the 2006 Clifton Hill BIA budget and tax levy request for $22,000. Should you have any questions please contact me at (905) 357 -5911. Nay N. Oa\c e Ctna■r Clifton Hill BIA 2006 Budget Signage TODS Highway Signs $10,000 Bus Bench Signs 12,000 Clifton Hill Banners 3.000 $25,000 Maintenance Streetscape Signage Painting Repairs 5,000 Lighting 5,000 Streetscape Fumiture 5.000 $15,000 Administration Audit Fees Page 2 $2,000 Total 2006 Budget $42,000 2005 Surplus Funds $20,000 2006 Tax Levy $22,000 May 29, 2006 The City of Niagara Falls( Corporate Services Department F- 2006 -33 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 7521 Fax: (905) 356 E mail: kburden@city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2006 -33 2005 Capital Accounts RECOMMENDATION: For the information of the City Council BACKGROUND: June 12, 2006 Kenneth E. Burden Director Attached is a copy of the capital account summary by department for 2005. These capital projects are carryovers from previous years and new projects started in 2005. Approval for the projects is from the annually- approved Capital Projects Budget and from Council approvals during the year. Opening Balance In the opening balance column, the bracketed amounts had outstanding costs as at the end of 2004 and the non bracketed amounts required funding as at the end of 2004. Revenue for 2005 Revenue for 2005 came from the following sources: Operating Accounts $17,096,948 Reserve and Reserve Funds 1,466,465 Grants Donations 4,154,317 Outside Agencies 3,034,362 Debt 1.431.000 $27.183,092 Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 12, 2006 -2 F- 2006 -33 Expenses for 2005 The expenses are authorized and approved invoices submitted to accounts payable for payment. Closing Balance The credit balance column totalling $2,226,698 reflects funded projects that still have outstanding expenditures. The debit balance column totalling $29,170,939 reflects unfunded projects. The funding sources for these are: This report is intended to provide general information for the 2005 capital account activity. Recommended by: l araAc K.E. Burden Director of Finance Approved by: Debentures 18,478,940 Reserves 6,035,529 Outside Agencies 3,648,605 Operating Accounts 1.007.865 $29.170,939 tir T. Ravenda Executive Director of Corporate Services Respectfully submitted: b ur John MacDonald Chief Administrative Officer T N N N O O CO O CO N r CO 0- 01 O N N et (D 0-. T- 1:0 V NOOOet r OOO CO 0■0- 0 r NOON 1-0 V Oi CD O CO C 0 OD c0 et O0 co CO r CO M M CD 11 0 r O M CO CO r 1O O N 1`NO1- O NMMMON hN nt N n N 10 CO O N CO CO LO Cr O M 0 N N co co. r Cr N 7 V O M0 O N N 0- N O O CO O O CO N 010 V O N CO (O N M OD 1n r O 'V NOON r O 1O N O N 10 N 0) 15 r7 0 O O O N O NO J a CO C C r O) N 0 70 r 1- N 0 r I0 O N CO 7d a CO O M V N 10 O OD D NI" co 0 V V LL E a a0)1C) MN 23 Cr h v ao 0 02° E 0100 NOONO 00 01 T- CD o0 et Q •aC N (D co. CO1� O V NON ODN OM f:ON 1:N Z CO C 7 1p N A C N D CO N O O a CO CO o) 0 0 0 0 0 )110 0N- LL C o C 0- N n V CO N 0 VI O a M N CO M O SO W O a 10 010 0 d o O N P ao ,-00 O Net et O0- P, N V CO O O N N O N h O Nt U E} rvr vri co a) 0 r CO O O N 00- O N 0- 00 r O M OD CD p CO O O O O r O OR O N M o 0 0 0 N O w 0 Or CO 0010'N 1n Fi at 007 C OMO O CO ONNn CO CO 0) f�r0 C 7 COON NO CO On CO Ml7O NCnO 0 0 CO CO CO QD Id O 1C0 1C OM C 0 N N N N f N 0 c O N .N... 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MID CO COr 0) O ch N D' Mn OM M O (O U a y "aN. v co c N C v N The City of Niagara Fall Can ada His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F- 2006 -34 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden ©city.niagarafalls.on.ca Kenneth E. Burden Director June 12, 2006 Re: F 2006 Development Charges 2005 Financial Information RECOMMENDATION: That City Council receive and file the attached financial statements regarding Development Charges for the 2005 fiscal year. BACKGROUND: It is a requirement of the Development Charges Act to file with Council a statement disclosing the receipt and application of all development charges collected under the authority of Part II of the Development Charges Act, 1997. The required content for this financial reporting is as follows: Balance as of January 1 The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Development Charges Received or Receivable These development charges are to be allocated to the specific service to which they are to be applied. Development Charges Refunded The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. The total refunded amount is to be credited to the specific service to which the original charges had been applied. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 12, 2006 2 F- 2006 -34 Accrued Interest The total interest earned on all reserve fund investments shall be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. A summary of the financial statement follows: Balance as at January 1, 2005 $14,252,207 Received Development Charges 2,534,302 Refunded Development Charges (10,363) Interest Earned 515,842 Transfer to Capital Projects (658,577) Transfer to Operating (29.373) Balance as at December 31, 2005 $16,604,038 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By -law $658,577 Ontario Grant 1,976,434 Operating Revenue Fund 292,621 Reserve Fund 84,433 Special Purpose Reserve 12,700 Capital Liability Accounts 8,524 Debenture 1,093,000 Outside Billings 3.489.015 Total Funding $7,615304 June 12, 2006 3 F- 200634 Recommended by: K.E. Burden Director of Finance Approved by: i CO T. Ravenda Executive Director of Corporate Services Respectfully submitted: b ar John MacDonald Chief Administrative Officer Add: Subtract: Add: Subtract Subtract Allocation: DEVELOPMENT CHARGES RESERVE FUNDS Opening Received Refunded Interest Transfers Transfers Transfers Closing Sub Account Purpose/Service Balance Development Development Eamed To Capital To Between Balance Jan1 /05 Charges Charges Projects Operating Services Dec. 31/05 Government 165,371 0 0 4,166 0 0 0 169,537 Municipal Works 141,401 0 0 3,582 0 0 0 144,983 Administration 298,124 83,939 -335 7,650 116,339 0 0 273,0391 Roads 2.527 15S 1 (1RS.F1F 4 a'14 RR Inn _149 911A _c hod n a can Pin 5,847,237 URBAN SERVICES OTC Water 836,474 5,863 -505 32,624 0 -2,176 0 872,281 Sanitary Sewerage 1,434,885 31,913 760 55,608 0 -3,644 0 1,518,002 Storm Water Managment 2,356,392 45,985 -1,280 91,425 0 -6,010 0 2,486,513 Fire 511,495 184,690 -907 12,702 0 0 0 707.980 5,584,776 TOURIST CORE SERVICES Water 181,013 12,661 0 7,139 0 -485 0 200,328 Sanitary Sewerage 373,831 26,148 0 14,743 0 -1,001 0 413,721 Storm Water Managment 3,380,222 236,429 0 133,307 0 -9,050 0 3,740,908 Fire 462,666 28,270 0 11,611 0 0 0 502.547 1 4,857,504 SUBTOTAL RESERVE FUNDS 13,945,435 2,534,302 10,363 508,094 658,577 29,373 0 16,289,518 1 16,289,518 GRAND TOTAL 14,252,207 2,534,302 10,363 515,842 658,577 29,373 0 16,604,038 5 U Ow LL mw -1 w ZZ LL 2' UDC ZF LLOUS UGLL 9 The City of Niagara Fall Canado Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden ©city.niagarafalls.on.ca Members: Corporate Services Department F 2006 35 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario June 12, 2006 Re: F 2006 35 2005 Reserves and Reserve Funds RECOMMENDATION: That City Council review and approve the 2005 transfers to reserves and reserve funds. BACKGROUND: Kenneth E. Burden Director Reserves and reserve funds are authorized by City Council via The Municipal Act and \other legislation. Reserves and reserve funds are designated by Council approval for a variety of operating and capital uses. This designation process enables Staff to plan the implementation of services and capital projects using reserves and reserve funds as a source of funding in future years. The following is a brief explanation of the kinds of reserves and reserve funds. RESERVES When reserves are created, the amounts are appropriated from net revenue in the same year and then used for those same purposes in a subsequent year. While reserves may be established for any municipal purpose, the most common is as follows: 1. Reserve for working funds In most municipalities, accounts have to be paid before taxes, grants and other revenues become available, including revenues still to be collected for the previous year. A municipality can obtain a short -term loan to meet this need, but borrowing incurs interest charges. In order to reduce and, if possible, avoid short -term borrowing, a working fund reserve is one financial management technique that can be helpful. It is also a cash management device to enhance cash flow. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 12, 2006 2. Reserve for contingencies Such a reserve is established in anticipation of unknown expenditures or liabilities such as emergency repairs, damage claims, etc. If a reserve for contingencies is not created, it could have a significant effect on the future tax levy of the municipality should the liability actually materialize. 3. Reserve for equipment replacement Major items of equipment have to be replaced on a regular basis. In a municipality, such a reserve eliminates the need to levy for the full cost of the equipment in the year of acquisition. This avoids the resulting fluctuation in the tax levy from year to year. RESERVE FUNDS A reserve fund differs from a reserve in that reserve fund assets are segregated and restricted to meet the purpose of the reserve fund. There are two types of reserve funds: obligatory reserve funds and discretionary reserve funds. Obligatory reserve funds are to be used solely for the purpose prescribed for them by Statute. Park Purpose Municipal Parking Development Charges Discretionary reserve funds may be used for a number of different purposes. Some examples of these are: Future expenditures for capital projects Debt retirement Levy or user fee stabilization Promotion of special projects Attached is a copy of the reserves and reserve funds for 2005 showing the balances at January 1, 2005, the amounts added, the amounts used in 2005, and the balances at December 31, 2005. Recommended by: K.E. Burden Director of Finance Approved by: Ravenna Executive Director of Corporate Services 2 F- 2006 -35 Respectfully submitted: John MacDonald Chief Administrative Officer OPENING JAN.1/05 TOTAL CONTRIBUTIONS OPERATING USES CAPITAL USES TOTAL USES CLOSING DEC. 31/05 10,337,191 4,419,238 (2,189220) (723,454) (2,912,674) 11,913,218 265,000 0 265,000 9,000 0 9,000 42,763 0 42,763 10,653,954 4,488,701 (2,189,220) (723,454) (2,912,674), 12,229,981 14,823,908 14,722478 0 (10,766 590) (10 766 590) 18,579,794 306.772 7,748 0 314.520 13,945,435 3602,880 (658,577) (658,577) 16,289,518 21,129 103,728 (70,414) (70,414) 54,443 51,971 1,385 (8.028) (6,028) 47,330 25,494 633 (8,168) (6,188) 19,959 12,747 8,558 (4,228) (4,228) 15,077 19,314 479 (4,873) (4,873) 15,120 778,743 221,873 0 998,616 10,029 2,237 (12,265) (12,285) 0 5,895 141 0 5,836 1,710 49 (1.415) (1,415) 344 78,833 1,999 (9,910) (9,910) 70,922 800,074 383,593 0 1,183,887 125,049 3,182 (18,891) (16,691) 111,520 344,955 9,333 (141,760) (141,780) 212,529 45,453 2,375 47,828 2,532 83 2,595 84,557 5,941 70,498 306,919 31,993 338,912 229,459 7,870 237,329 445,730 10,891 (48,407) (46,40 410,214 9,837 879 10,716 0 103 (103) (10 0 134,031 18,863 (25,658) (25,65 127,236 1,087,498 25,720 1,113,219 191,382 7,742 199,124 517,704 14,953 532,656 188,058 4,028 172,086 244,556 5,724 250,280 678,095 16,030 692,125 138,025 3,269 139,294 280,871 12,539 273,410 51,960 73,663 125,823 200,483 96,766 297,230 324,808 7,717 332,325 4,268 108 4,375 13,439 334 13,773 2,585 914 (648) (84 2,831 136,835 418,582 (487,200) (487,20 68,217 0 1,546,000 1,548,000 0 768,421 768,421 21,780,795 6,659.586 (749,133) (743.010) (1.492,144), 28,948,237 28,948,237 321,388 110,966 0 432,354 1,080,052 145.403 0 1225,456 1401,440 256,370 0 0 0 1,857810 23,182,235 6,915,958 (749,133) (743,010) (1 492 144) 28,608,0471 RESERVES Special Purposes Working Capital Watermaln Improvements Metering Program TOTAL RESERVES CAPITAL HOLDING RESERVE RESERVE FUNDS (Set aside by Councl) Development Charges Development Charges bylaw 99 -144 Heritage Week Niag. Committee Collins/Toby Debenture 98 -2001 ErwidBamett -40 yr licence agreement Long 40 yr licence agreement Tenlo -40 yr licence agreement Sick Leave Liability SkatePark development G.N.S.CA. Buiding Fund G.N.S.C.A. -Trip Account L.L. Battlefield Debenture 98 -2001 Workers Compensation Fire Stn #5 Willoughby Mtg fund NF Hydro Debenture #8416 -96 Recreation Trail Development 2% Pddnd Dedictn River Road 2% Pridnd Dedictn Lundy's Lane 2% Prldnd Dedictn Falsview 2% Prldnd Dedictn Clifton Hill Capltal/Operatirg Fund Tree Planting Developers Sale of John Alan Park Park Development Sewer and Water Levies Expansion and Renewal Conrad Drainage Prepaid Work Profs. Contributions Sidewalk Construction Future Municipal Works Lot Drainage Lbrary Special Projects Library Property Maintenance Library Automation Fund Sanitary (Recycling Surplus) Sports Fnd new equip/program Profs Special Needs' Chldren Coat of Anne Transk Gas Tax Rebate Niagara Tunnel Comm'y Imprvmt Federal Gas Tax Rebate RESERVE FUNDS (Set aside by Legislation) Public: Purpose (Planning Act) Municipal Parking TOTAL RESERVE FUNDS H:t2006 Rearm fun report bedcup.gpv 2005 CRY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS unaudited FUNDS 48,460,098 26.127.133 (2,938,354) (12233,055) (15,171,409) 59.415,822 59,415,822 31May-06. cp The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department F- 2006 -36 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario The highlights of the renewal agreement are as follows: June 12, 2006 Re: F- 2006 -36 Crawford Adjusters Canada Renewal of Agreement for Insurance Adjusting Services That the attached renewal agreement with Crawford Adjusters Canada to provide insurance claims adjusting services, be approved for a further term of four years. Crawford Adjusters Canada "Crawford has been providing the City's insurance claims adjusting services since July 2000. Crawford has provided both prompt and professional service in handling and resolving the City's insurance claims. The only change to the 2003 agreement is an increase of fees from $98.00 per hour blended to $100.00 per hour blended. Kenneth E. Burden Director Fees are set out in Schedule "A" and are consistent with the fees quoted by Crawford in July 2003, save and except for the $2.00 increase to the hourly blended rate; The term of the renewal agreement is for four years commencing July 18, 2006 and ending July 17, 2010; The agreement may be terminated by either party upon ninety days written notice. Staff recommends that the City enter into a renewal agreement with Crawford, for a further term of four years, with the option to withdraw upon ninety days' written notice. Staff is very satisfied with Crawford Adjusters Canada and the services that it has provided to the City. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 12, 2006 2 F- 2006 -36 Recommended by: K. Burden Director of Finance t E. Dujlovic, P. Eng. Director of Municipal Works Approved by: /T. Ravenda Executive Director of Corporate Services Respectfully submitted: o ar John MacDonald Chief Administrative Officer THE CORPORATION OF THE CITY OF NIAGARA FALLS Independent Claims Adjusting Service Agreement With Crawford Adjusters Canada May 2006 Crawlard Excellence In Everything We Touch Service Agreement This agreement is effective as of the 18 day of July, 2006. Between: THE CORPORATION OF THE CITY OF NIAGARA FALLS, an incorporated City under the laws of the Province of Ontario ('City') -and- CRAWFORD ADJUSTERS CANADA, a corporation incorporated under the laws of Canada, with its head office in the City of Kitchener, Ontario, in the Regional Municipality of Waterloo ('Adjuster'). WHEREAS the 'Adjuster' is engaged in and licensed to provide certain services with respect to the investigation, evaluation, negotiation and settling of property and casualty insurance claims; and, WHEREAS the 'City' has requirement of an adjuster to provide certain services pertaining to the investigation, evaluation and settling of property and casualty insurance claims within their self insured retention of $50,000.000, and, WHEREAS the parties to this agreement wish to set out the terms and conditions governing the provision of services by the 'Adjuster' to the 'City' or, where appropriate, the City's Insurers, during the term of this agreement, NOW, THEREFORE, in consideration of the mutual promises contained herein and subject to all the terms and conditions hereof, 'Adjuster' and 'City' agree as follows: 1. Scope of Adjuster's Authority 1.1 City authorizes Adjuster to provide the 'Basic Services' described in subsection 1.2 in accordance with the terms and conditions of this Agreement and any exhibits and /or addendums attached hereto and incorporated herein, within the self insured retention portion of it's insurance policies. 1.2 Adjuster agrees to provide the following 'Basic Services' for the investigation, evaluation, negotiation and settling of property and casualty claims made under the self insured retention policies, and to the City's Insurers for claims in excess of the City's self insured retention, which occur and are reported to the 'Adjuster' for handling during the effective term of this agreement: a) To establish and maintain a computerized claim register for all claims made under the Policies, recording for each claim services by the 'Adjuster', the claim number, the name of the insured and all claimants, date of occurrence, date on which the claim file was established, the amount of the loss and loss adjustment expense reserves established and the location (City and Province) where the loss occurred. b) To provide the 'City' with an itemized quarterly risk management information report not later that fifteen (15) business days following the end of the quarter, of all claims and losses incurred in the preceding quarter and from the inception date of the policies. 1 c) To investigate all claims and to recommend to the `City', or where appropriate, the City's Insurers, the amount of the loss and loss adjustment expense reserves to be established for each claim not paid within twenty-one (21) days of receipt. d) To supply claim forms utilized in the investigation, evaluation negotiation and settlement of all claims, and to use any claim forms specified by the `City', particularly the City's final release form. e) To establish and maintain a hard copy and /or electronic file for each claim reported to the `Adjuster', containing all information pertaining to the claim, and upon request, to provide the `City', or, where appropriate, the City's Insurers, with a complete copy of any claim file, and to arrange internet access to `City' file notes via the Adjuster's `CMS Claims Management SystemTM' program. f) To investigate, evaluate, negotiate and settle, as appropriate, all claims within the `Adjuster's' settlement authority limit as may be established by the `City' and described in the Claim Procedures Protocols attached hereto as exhibit `B', and incorporated herein by reference g) To obtain written approval from the `City', or, where appropriate, the City's Insurer, prior to settling any claim in excess of the `Adjuster's' settlement authority limit. h) To obtain the `City's' or the City's Insurers consent prior to denying coverage on any claim. I) To report all claims to the `City', or, where appropriate, the 'City's Insurers' on which litigation is filed immediately following receipt of notice of filing or service on the 'City'. j) To supervise all litigation and to attend any judicial or administrative proceedings involving any claim serviced under this agreement, subject to direction and authority of the `City', or, where appropriate, the City's Insurer. k) To turn over the 'City' or, where appropriate, the City's Insurers, all files and records relating to any settled claim, within ten (10) business days following a request to do so from the `City' or the City's Insurers. I) To designate an account representative as the `City's contact person to communicate and coordinate as needed regarding the status of all claims serviced by the `Adjuster' hereunder. Paul Desjardins, Manager, St. Catharines Crawford Adjusters Canada, is so designated. 1.3 `Adjuster' shall continue to provide the 'Basic Services' for each claim until settled or closed or until the 'Adjuster' and the 'City', or, where appropriate, the City's Insurers, mutually agree in writing that the 'Adjuster' has no further liability with respect to such claim, subject to the terms of section 1.2 1.4 The 'City', or, where appropriate, the City's Insurers, reserves the right to assume control and handling of any claim at any time. 'Adjuster' shall deliver promptly to the 'City', or, where appropriate, the City's Insurers, any claim file requested by the 'City' or their Insurers; however, 'City' shall not be entitled to offset or deduct the costs of handling such claim from any of the fees or expenses owing to the 'Adjuster' under the terms of this Agreement. 2 1.5 All claim files established by the 'adjusters' pursuant to this Agreement, shall at all times remain the sole property of the 'City', or, where appropriate, the City's Insurers. The 'City' shall at all times be entitled to review all claim files maintained by the 'Adjuster' at its place of business at any time during ordinary business hours. The 'Adjuster' shall provide the City's Insurers and their examiners with access, upon reasonable notice, to such files and records. 1.6 The 'Adjuster' shall notify the 'City', or, where appropriate, the City's Insurers, immediately upon receipt of any complaints and inquiries received from any insurance regulatory authority, and shall provide the 'City', or, where appropriate, the City's Insurers, with copies of any written correspondence relating to such complaints and inquired. The 'Adjuster' shall cooperate with and assist the 'City', and, where appropriate, the City's Insurers, in gathering any claim or loss information necessary to respond to such correspondence, complaints and inquiries. 1.7 The 'Adjuster' agrees not to delegate or subcontract to any third party the performance of any service, duties or obligations undertaken by it pursuant to this Agreement without the prior written approval of the City, or, where appropriate, the City's Insurers. 2. Fees 2.1 As set out in Schedule "A" attached hereto 2.2 Parties agree to discuss rates on an annual basis. 3. Terms and Termination 3.1 The term of this offer is for a period of four (4) years from the date of acceptance with the option to renew for another four (4) years in 2010 on mutual agreement of the parties and all conditions (herein) met. 3.2 This Agreement is effective as of the 18 day of July 2006 and shall be ongoing. 3.3 This Agreement may be terminated by either party without cause by providing at least ninety (90) days prior written notice of termination to the other party. 4. Reoresentation of Adjuster The 'Adjuster' represents and warrants as follows: 4.1 It will comply with all applicable laws governing claims handling practices and procedures and other applicable law, rules and regulations, in the performance of its duties under this Agreement; 4.2 It is duly authorized and licensed to perform its duties hereunder in each jurisdiction where it will act. 5. Insurance 3 5.1 During the term of this Agreement, the `Adjuster' shall maintain continuously the fidelity insurance and errors and omissions insurance described in exhibit 'C' attached hereto and incorporated herein by reference. 6. Indemnification 6.1 The 'City shall indemnify, defend, and hold harmless the 'Adjuster' and its employees, officers, directors and agents from and against any and all losses, damages, expenses, causes of action and other liabilities of any description whatsoever, including, without limitation, settlement costs and reasonable legal fees, court costs, and other expenses incurred in the investigation, prosecution of defence of any claim or action or any threatened claim or action, brought by an unrelated third party based upon or arising out of or in connection with any claim services under this agreement or the 'Adjuster's' performance of its obligations under this Agreement, except to the extent incurred solely as a consequence of the 'Adjuster's' independent conduct. 6.2 The 'Adjuster' shall indemnify defend and hold harmless the 'City' and where appropriate, the City's Insurers, and their employees, officers, directors and agents from and against any and all losses, damages, expenses, causes of action or other liabilities of any description whatsoever, including, without limitation, settlement costs and reasonable legal fees, court costs, and other expenses incurred in the investigation, prosecution or defence of any claim or action or any threatened claim or action, brought by an unrelated third party based upon or arising out of or in connection with any wrongful acts, errors, omissions, or other negligent acts of omissions of the 'Adjuster', its employees, offices, agents and subcontractors in handling any claims under this Agreement, including allegations of bad faith in claims handling, except as a consequence of the 'City's', or, where appropriate, the City's Insurer's independent conduct. 6.3 Termination of the Agreement shall not relieve either party of its respective obligations of indemnification under this section. 7. Confidentiality 7.1 'Adjuster' acknowledges that it's employees and other representatives will be exposed to confidential and proprietary information of the 'City' during the ordinary course of providing the services contemplated by this agreement. 'Adjuster' agrees to use its best efforts and to cause it's employees and other representatives to use the same degree of care to maintain the confidentiality of such information as it would and /or does with respect to its own confidential and proprietary information. 'Adjuster' agrees to refrain from disclosing any part of the 'City's' confidential and proprietary information to a third party. In the event the 'Adjuster' is required to disclose such confidential and proprietary information as a result of court order, or testimony, the Adjuster agrees to provide prior notification to the 'City'. 4 8. Amendment and Waiver 9. Notice 8.1 This Agreement and the Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof and shall not be amended except in writing duly signed by both parties to this Agreement. 8.2 The failure of either party to insist upon adherence to any term or condition of this Agreement on any occasion shall not constitute a waiver of such party's right to insist upon strict adherence to such term or condition on a subsequent occasion. Any of the terms or conditions of this Agreement may be waived at any time, and from time to time, in writing by the party entitled to the benefit thereof, without impairing or diminishing any other term or provision thereof. Waiver by either party of a breach of any term or condition of this Agreement shall not operate as or be construed as a waiver of any subsequent breach. All notice, requests and other communications (Notices') required or permitted to be given under this Agreement shall be given in writing and shall be deemed duly delivered if delivered personally with receipt acknowledged, or by Canada Post, registered and certified first class mail, postage prepaid, return receipt requested, addressed to the parties at the following addresses, or such other address as any party may specify hereinafter by giving notice to the other party in accordance with the procedure outlined in this section: 10. Assignment If to the 'City': The Corporation of the City of Niagara Falls, 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Telephone (905) 356 -7521 Fax (905) 356 -2354 Contact Person: Mr. Ed Dujlovic If to the 'Adjuster'. Crawford Adjusters Canada 203 -110A Hannover Dr. St. Catharines, Ontario L2W 1A4 Telephone: (905) 688 -6391 Fax: (905) 684 -0133 Contact Person: Mr. Paul Desjardins Notices shall be deemed duly received on the date of delivery in person, or five (5) days after placing in Canada Post. Neither party may assign its rights and obligations under this Agreement without the prior written consent of the other party. All representations, covenants, and warranties of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and 5 permitted assigns. Nothing in this Agreement is intended or shall be construed to confer upon or give to any person or entity other that the 'City' and 'Adjuster', any right, remedy or claim hereunder. 11. Severability If any provision of this Agreement shall be declared invalid or unenforceable the remainder of the Agreement shall not be affected thereby and shall remain in full force and effect. 12. Trust Agreement As set out in Schedule "D" attached hereto. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first written above. The Corporation of the City of Niagara Falls, BY: By: Name: Dean Iorfida Name: R.T. (Ted) Salci Title: City Clerk Title: Ma or Gardner r Crawford Adjusters Canada 1 By: Name: Title: VP Sales 6 Schedule "A" Fee Schedule Telephone Adjusted Losses $1000.00 to $10,000 Property Damage Only All single, straightforward first or third party property damage claims, no injuries. Fee $125 per file Bodily Injury All single, straightforward personal injury claims. Plus task assignment where necessary. Fee $200 per file Blended Hourly Rate All work outside of the flat rate fees will be billed on a Blended rate of $100.00 per hour. This includes all operating expenses and excludes Disbursements. (See definition below.) SPECIAL EXPERTISE GLOBAL TECHNICAL SERVICES Specialized staff for use on losses of significance or where specialized expertise is necessary: Executive General Adjuster Senior General Adjuster General Adjuster $195 /hour Blended $150 /hour Blended $125 /hour blended Disbursements apply to all Field and Telephone Fees on an incurred basis, and include but are not limit to: Legal fees and all court related costs Engineering fees Private investigation and surveillance services Professional photography costs Expert consulting fees and their related court costs Independent medical examination fees and rehabilitation services Costs of public and hospital records, as well as police and medical reports Long distance telephone charges Appraisal fees Specialty Services Fees ClaimsAlert® 1) Claims Assigned to Crawford 2) Claims pulled back next working day 3) Claims sent to contractor Minimum charge 4) Claim Inquiries 5) All other calls, cost per call Includes: Call screening as per your protocol. Overflow call handling. Office closed for a Holiday, a week notice required. Monthly summary of all calls provided. No Fee $15.00 per claim $30.00 $10.00 $5.00 The above sets out the fee schedule as proposed and captures the incidental fees for the use of CLAIMSALERT® for claims /calls that are not handled by Adjuster 7 BILLING INSTRUCTIONS Bill all fees at $100.00 per hour blended. For technical Services bill $100.00 per hour blended. SPECIAL INSTRUCTIONS OR SPECIAL FORMS OTHER SPECIAL SCHEDULE "B" Property Damage claims are single, straightforward first or third party property damage claims where there are no injuries. FEE $125 per file Bodily Injury are single, straightforward personal injury claims. FEE $200 per file (Plus Task Assignment where necessary) Must use preferred Full and Final Release of the City Key Account Service Factors Philosophy Expect that adjuster will pay what the claim is worth Handle on a timely basis City has the final say in ALL settlements All communication should be through e-mail, mail, telephone or fax Once a claim has been received from a claimant it will be sent to adjusterl Requirements Notice to adjuster is notice to the broker (Cowan) Self Insured Retention is $50,000. Reporting of After Hours claims to Adjuster After hour claims 4:30 pm and weekends /holidays) will be called into the ClaimsAlert® 1 -800 number; Adjuster will immediately proceed per protocol and will forward Claims Acknowledgment per standard procedure to City Claimant Contact Protocols Claimant must be contacted "within a reasonable time" Adjuster may respond in writing or telephone claimant upon receipt of Claim report from the City Crawford Reporting Protocols Acknowledgement Form to be e- mailed to City within 48 hours of claim report to Adjuster Acknowledgement form should include: 1. City claim number 2. Adjuster file number 3. Claimant information 4. Date of Loss 5. Adjuster name and contact information 8 Reports 1. 48 Hour Acknowledgement 2. 60 day report 3. Ongoing (Interim Reports) 4. Settlement Requests 5. Final Report 6. Reports should be short-form report where possible, long form as per City request Authority Levels None All Settlements must be authorized by the City SCHEDULE "D" TRUST ACCOUNT 1. Adjuster shall establish and maintain a Trust Bank Account with the Royal Bank of Canada, Kitchener, Ontario, Canada, to be utilized for payments to claimants and other payable expenses as authorized by The City. 2. Designated adjuster shall be authorized to sign and issue cheques from this Trust Account after claims settlement authorization is received. 3. The City shall initially provide sufficient funds to the Trust Account to enable Adjuster to pay claims or other expenses as they arise in accordance with the terms of this Agreement. 4. At the end of every month Adjuster shall provide a copy of the bank statement, along with a copy of the Trust Account Report, to The City. The Trust Account Report will list all cheques that have been issued for that month, the amount of the cheque, and the claim number for the claim for which the cheque was written. 5. To ensure an orderly transition, in the event that Adjusters retention under this Agreement is terminated, Adjuster shall keep the Trust Account open for a period not to exceed six (6) months from the termination date to allow for all issued cheques to be cashed by the recipients (the "Wind -Down Period Should all of the issued cheques be cashed at any time during the "Wind Down Period the Trust Account shall be closed immediately. If at the end of six (6) months, there are still outstanding cheques that have been issued but still not cashed by recipients, stop payment orders shall be issued on all outstanding cheques and the Trust Account shall be closed. Responsibility for establishing a new Trust Account and for ongoing administration of it is that of the City or another party as designated by the City. 9 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER ATL- 000847408 -17 PRODUCER MARSH USA, INC. Attn: C. Kay Johnson 3475 Piedmont Road NE Suite 1200 Atlanta, GA 30305 ph: 404/995 -2652; fax: 404/995 -2653 400181 -F -FIN- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A LLOYD'S OF LONDON INSURED Crawford Adjusters Canada, Inc. 539 Riverbend Drive Kitchener, ON N2K 3S3 CANADA COMPANY B COMPANY C COMPANY D fi., x x ;.R.. A C af t V THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 5 s rs mr i` N ISSUED ED T ED A M HEREIN T E .u. ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. DOCUMENT W NTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD /YY) POLICY EXPIRATION DATE(MM/DDNY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE PRODUCTS COMP/OP AGG CLAMS MADE OCCUR PERSONAL S ADV INJURY OWNERS CONTRACTORS PROT EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per Person) BODILY INJURY (Per ecddent) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND INCL EXCL WC STA R./- I TORY LIMITS EL EACH ACCIDENT EL DISEASE- POLICY LIMIT EL DISEASE-EACH EMPLOYEE A A OTHER PS FIRM E &O FIDELITY BOND 0F041805 QF041805 06/30/05 06/30/05 06/30/06 06/30/06 $5,000,000 $5,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS e �Y+R Nfi, v... F r o .an) plF Yv h.'. ^i r A e�r,. b' EVIDENCE OF COVERAGE .a, r s y a }'ry e pis fir( +�y 5 tt. +�'��pa r e9P" SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MATS 30 DAYS WRITTEN NOTICE TO THE CEROFCATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATNES, OR THE ISSUER OF THIS CERTIFICATE. MARSH BY: USA INC. Frank Kinnett Akac.- �4/CiI VALID AS OF: 07 /13/05 'c: 'Y' err N 1r'ti'4 k A 3 1 The City of Niagara Fall Canada Members: K. E. Burden Director of Finance Approved by: Corporate Services Department F- 2006 -37 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Tel.: (905) 356 7521 Fax: (905) 356 2016 E -mail: kburden@city.niagarafalls.on.ca Re: F- 2006 -37 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $24,504,310.93 for the period April 26, 2006 to May 30, 2006. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: faeky "Ctir T. Raven Executive Director of Corporate Services June 12, 2006 Respectfully submitted: U f John MacDonald Chief Administrative Officer Kenneth E. Burden Director Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1077500 ONTARIO INC 1149855 ONTARIO INC AKA PROCON NIAGARA 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSU 1322988 ONTARIO LTD 138342 CANADA INC 1405221 ONTARIO LIMITED DBA D D TRUCKING CC 1480973 ONTARIO LIMITED 0/A C.P. SYSTEMS 379679 ONTARIO LTD 407 ETR EXPRESS TOLL ROUTE 656508 ONTARIO LIMITED 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 984265 ONTARIO LTD aka CIRCLE P PAVING A L G SAFETY A -1 MOTEL ACTION CORPORATION ACTION CORPORATION ADEPT WINDOW CLEANING LTD ADVANCE TOWING ADVANCE TOWING ADVANTAGE FLOORING NIAGARA LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALEXIS CORPORATION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFRED BEAM EXCAVATION LTD ALL STAR FIRE PROTECTION SERVICES INC ALL STAR FIRE PROTECTION SERVICES INC AMTCO ANDERSON,RAY ANDRIGHETTI,DAVE ANIXTER CANADA INC ANTOLICH,MARK ANTONIO,CHUCK ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES ARAMARK REFRESHMENT SERVICES ARLANT,TED ARTISTA DESIGN PRINT INC ARTISTA DESIGN PRINT INC ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD AUDIO DESIGN SYSTEMS INC AVENUE ROOTS BAKER,WILLIAM BANK OF MONTREAL BANK OF NOVA SCOTIA BARBER GLASS INDUSTRIES INC BARCLAY TODD'S BATEMAN,DOLORES BBP ENTERPRISES BEARSS,WILLIAM Cheque No. Cheque Date Purpose 301158 301477 301322 301625 301626 301475 301476 301627 301628 301629 301794 301353 301484 301323 301324 301478 301630 301160 301795 301479 301325 301480 301161 301326 301481 301796 301631 301797 301327 301328 301482 301483 301329 301632 301163 301633 301330 301634 301485 301331 301635 301164 301798 301165 301166 301332 301799 301167 301333 301334 301636 301800 301335 301764 301486 301487 301336 301801 301802 02- May -2006 16- May -2006 09- May -2006 23- May -2006 23- May -2006 16- May -2006 16- May -2006 23- May -2006 23- May -2006 23- May -2006 30- May -2006 09- May -2006 16- May -2006 09- May -2006 09- May -2006 16- May -2006 23- May -2006 02- May -2006 30- May -2006 16- May -2006 09- May -2006 16- May -2006 02- May -2006 09- May -2006 16- May -2006 30- May -2006 23- May -2006 30-May -2006 09- May -2006 09- May -2006 16- May -2006 16- May -2006 09- May -2006 23- May -2006 02- May -2006 23- May -2006 09- May -2006 23-May -2006 16- May -2006 09-May -2006 23-May -2006 02- May -2006 30- May -2006 02- May -2006 02- May -2006 09- May -2006 30- May -2006 02- May -2006 09- May -2006 09- May -2006 23- May -2006 30-May -2006 09- May -2006 23- May -2006 16- May -2006 16- May -2006 09- May -2006 30- May -2006 30- May -2006 AP5200 REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND REMITTANCE REFUND MATERIALS CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE MATERIALS REFUND MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE SUPPLIES SUPPLIES REFUND MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES LEASES AND RENTS MAINTENANCE AND REPAIRS REFUND REFUND REFUND MATERIALS SUPPLIES ADMINISTRATIVE REMITTANCE REFUND Page 1 Amount 2,500.00 4,820.35 8,219.82 750.00 30,808.99 5,660.30 204,397.37 3,243.18 236.52 46,181.13 92.02 91,821.28 143.75 185.00 26.70 64.04 3,933.86 128.40 449.40 3,397.25 385.42 39.67 4,880.98 1,219.41 1,033.37 127.33 10.01 271.71 160.50 6,600.52 5,191.02 244,708.53 222.89 350.48 256.80 26.40 80.30 2,501.25 186.30 12.66 20.26 149.31 60.69 75.50 74.75 80.50 992.69 6,402.90 14,497.75 805.00 594.92 150.00 226.78 760.62 1,746.44 93.21 90.00 1,600.00 168.14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY PAGING BELL MOBILITY PAGING BELLEFONTAINE,MARGARET BERARD,RICK BERARDI,FRANCESCA BIDAL,TARA -LYNN BILOTTA,JIM BIRD,KEN BIRMINGHAM FIRE CONTROL BISHOP- HAMILTON,JULI E BLACK MCDONALD LTD BLANCHFIELD,ART BLANCHFIELD,ROBERT BLP BRONZE INTERN LTD BOBB BARRATT PHOTOGRAPHER BODKIN LEASING BOONE,MARY T BORDEN LADNER GERVAIS BOYS GIRLS CLUB OF NIAGARA BRICKENDEN,FRANK BRINDA,ED BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK FORD SALES INC BRODERICK,ANDY BRODERICK PARTNERS BROOKS,JENNIFER BUNTIN REID BUNTIN REID BUNTIN REID BURDEN,KEN BURLEY,RON C N WATSON AND ASSOCIATES LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CANADA LAW BOOK CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LEAK DETECTION CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CARR,KEVIN CARR,KEVIN CARRICK,MARZENNA CARSWELL CARTER CAR TRUCK RENTALS CASUCCI,CARLO CDG SECURITY INC CENTENNIAL CONSTRUCTION CENTURY VALLEN CENTURY VALLEN AP5200 Cheque No. Cheque Date Purpose 301337 09- May -2006 UTILITIES 301338 09- May -2006 UTILITIES 301339 09- May -2006 UTILITIES 301489 16- May -2006 UTILITIES 301490 16- May -2006 UTILITIES 301491 16- May -2006 UTILITIES 301640 23- May -2006 UTILITIES 301340 09- May -2006 ADMINISTRATIVE 301169 02- May -2006 REFUND 301341 09- May -2006 MATERIALS 301641 23- May -2006 REFUND 301642 23- May -2006 REMITTANCE 301643 23- May -2006 MAINTENANCE AND REPAIRS 301342 09- May -2006 MATERIALS 301644 23- May -2006 REFUND 301492 16- May -2006 MAINTENANCE AND REPAIRS 301493 16- May -2006 REMITTANCE 301494 16- May -2006 REMITTANCE 301645 23- May -2006 MATERIALS 301495 16- May -2006 MATERIALS 301170 02- May -2006 LEASES AND RENTS 301171 02- May -2006 REFUND 301343 09- May -2006 CONSULTING SERVICES 301497 16- May -2006 GRANT 301172 02- May -2006 REFUND 301498 16- May -2006 REFUND 301646 23-May -2006 CONTRACT SERVICES 301803 30- May -2006 MATERIALS 301173 02- May -2006 MATERIALS 301648 23- May -2006 REFUND 301344 09- May -2006 CONSULTING SERVICES 301345 09- May -2006 REFUND 301174 02- May -2006 SUPPLIES 301499 16- May -2006 SUPPLIES 301649 23- May -2006 SUPPLIES 301175 02- May -2006 ADMINISTRATIVE 301651 23- May -2006 REFUND 301356 09- May -2006 CONSULTING SERVICES 301666 23- May -2006 LEASES AND RENTS 301501 16- May -2006 MATERIALS 301176 02- May -2006 MAINTENANCE AND REPAIRS 301500 16- May -2006 MAINTENANCE AND REPAIRS 301177 02- May -2006 MAINTENANCE AND REPAIRS 301806 30- May -2006 CONTRACT SERVICES 301346 09-May -2006 CONTRACT SERVICES 301808 30- May -2006 MATERIALS 301807 30- May -2006 CONTRACT SERVICES 301502 16- May -2006 CONTRACT SERVICES 301652 23- May -2006 CONTRACT SERVICES 301178 02- May -2006 REFUND 301809 30- May -2006 ADMINISTRATIVE 301347 09- May -2006 ADMINISTRATIVE 301654 23- May -2006 MATERIALS 301655 23- May -2006 LEASES AND RENTS 301656 23- May -2006 REFUND 301179 02- May -2006 MATERIALS 301349 09- May -2006 CONTRACT SERVICES 301505 16- May -2006 MATERIALS 301658 23- May -2006 MATERIALS Page 2 Amount 48.62 57.50 92.91 57.50 8,356.11 41.30 723.83 36.00 500.00 147.66 750.00 250.00 2,250.00 229.66 750.00 1284.00 75.00 75.00 11.50 1,650.25 445.33 500.00 26,835.47 17,500.00 100.00 149.99 822 28 135.10 79,211.55 126.49 3,765.90 750.00 1 ,780.77 649.57 414.44 258.69 149.49 866.97 2,169.96 101.38 3,252.80 205.98 481.50 3,082.72 910.33 44,868.14 296.34 602.50 609.47 150.00 146.01 121.11 302.49 746.35 750.00 4,319.40 30,826.70 265.71 6,466.84 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CERIDIAN CANADA LTD CERMINARA,JACK CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,G CHIECA,DANNY CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOC CHOICE TECHNOLOGY GROUP INC CHUBB,DAVID& CHUBB, MARLENE CIBC ELECTRONIC BANKING OPERATIONS CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CLAYDON,JEFF CLUB RICHELIEU NIAGARA FALLS COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLANGELO,DONATO COLLEE,MICHAEL COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMUNITY ARTS ONTARIO COMPRESSOR SYSTEMS INTERN INC COSTELLO,BRIAN CRAWFORD ADJUSTERS CANADA INCORP CREDIT UNION OF CENTRAL ONTARIO CTV TELEVISION CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN CYTEC CANADA INC DARNAY,KELSEY DARNAY,KENDALL DAVID SCHRAM ASSOCIATES DAVID SCHRAM ASSOCIATES DAVIS COMPANY LLP DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DELOITTE TOUCHE LLP DESIGN ELECTRONICS DESIGN ELECTRONICS DHL CUSTOMS BROKERAGE LTD DICKSON,B 301350 301810 301180 301506 301659 301811 301812 301507 301813 301351 301181 301182 301352 301508 301660 301183 301354 301509 301661 301791 301792 301355 301510 301185 301357 301511 301663 301815 301358 301816 301186 301359 301664 301513 301360 301361 301665 301187 301667 301188 301362 301514 301668 301817 301189 301669 301819 301818 301363 301515 301516 301820 301190 301517 301671 301365 301822 301823 301518 09- May -2006 30- May -2006 02- May -2006 16- May -2006 23- May -2006 30-May -2006 30- May -2006 16- May -2006 30- May -2006 09- May -2006 02- May -2006 02- May -2006 09- May -2006 16- May -2006 23- May -2006 02- May -2006 09- May -2006 16- May -2006 23- May -2006 23- May -2006 23- May -2006 09- May -2006 16- May -2006 02- May -2006 09- May -2006 16- May -2006 23- May -2006 30- May -2006 09- May -2006 30-May -2006 02- May -2006 09- May -2006 23- May -2006 16- May -2006 09-May -2006 09- May -2006 23- May -2006 02- May -2006 23- May -2006 02-May -2006 09- May -2006 16- May -2006 23-May -2006 30- May -2006 02- May -2006 23- May -2006 30- May -2006 30- May -2006 09- May -2006 16-May -2006 16- May -2006 30-May -2006 02- May -2006 16- May -2006 23- May -2006 09- May -2006 30-May -2006 30-May -2006 16- May -2006 AP5200 Cheque No. Cheque Date Purpose CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS EQUIPMENT REFUND REFUND REFUND LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS ADMINISTRATIVE REMITTANCE MATERIALS REMITTANCE MATERIALS REFUND REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REMITTANCE MAINTENANCE AND REPAIRS ADMINISTRATIVE ADMINISTRATIVE REFUND REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS REFUND REMITTANCE REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS CONSULTING SERVICES MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS Page 3 Amount 2,303.02 91.81 675.74 592.00 1,043.66 495.25 907.44 150.00 102.00 10,925.00 145.53 130.28 118.38 108.58 233.29 2,033.78 569.90 1,680.10 670.41 27,752.28 102,810.39 70.06 100.00 41.77 415.98 347.49 133.60 106.95 96,654.28 498.68 6,789.87 12,594.51 21,904.13 100.00 144.45 259.53 2,140.30 1,386.86 100.00 3,407.24 3,428.56 3,503.45 3,560.35 3,550.35 500.00 10,476.70 70.00 70.00 1,136.88 802.50 127.33 34,818.26 943.00 3,972.10 16,050.00 24,127.54 3,157.25 27.56 45.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DICOSIMO,JOE& DICOSIMO, NICOLE DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DJURKOVIC,DEJAN DMA PLANNING MAN SERVICES DUFFERIN CONCRETE DUJLOVIC,ED DUJLOVIC,ED EASTON HOMES OF NIAGARA ELECTROMEGA LTD EMBREE COMMUNICATION GROUP EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EXTRACTOL INDUSTRIES LTD FABIANO,COSTANTINO FALLS WHOLESALE LTD FAMILY RECREATION CENTRE FASTENAL CANADA FEHRS TROPHY ENGRAVING FELTRIN,GIANCARLO FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FITNESS EQUIPMENT REPAIR FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORCIER,SUE FORMICA,CRISTINA FRANCOTYP POSTALIA CANADA FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRANKS FEATHER FIN LTD FRONTIER EQUIPMENT CO LTD FRONTIER EQUIPMENT CO LTD G K SERVICES CANADA INC G K SERVICES CANADA INC GALT MACHINE KNIFE SAW GALT MACHINE KNIFE SAW GARLUND PROPERTIES INC GAULEY,ROBERT GEMCO BUSINESS FORMS INC GEMINI POSITIONING SYSTEMS LTD GEORGE BAILEY ENTERPRISES GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GOWLING LAFLEUR HENDERSON LLP GRAYBAR ELECTRIC LTD AP5200 Cheque No. Cheque Date Purpose 301191 02- May -2006 REFUND 301519 16- May -2006 LEASES AND RENTS 301824 30-May -2006 REFUND 301192 02- May -2006 REFUND 301825 30- May -2006 CONSULTING SERVICES 301520 16- May -2006 MATERIALS 301193 02- May -2006 ADMINISTRATIVE 301521 16- May -2006 MATERIALS 301672 23- May -2006 REFUND 301522 16- May -2006 MATERIALS 301195 02- May -2006 REMITTANCE 301196 02- May -2006 MAINTENANCE AND REPAIRS 301366 09- May -2006 MAINTENANCE AND REPAIRS 301367 09- May -2006 UTILITIES 301523 16- May -2006 UTILITIES 301673 23- May -2006 UTILITIES 301826 30- May -2006 MATERIALS 301674 23- May -2006 REFUND 301198 02- May -2006 ADMINISTRATIVE 301199 02- May -2006 MATERIALS 301524 16- May -2006 MATERIALS 301200 02- May -2006 MAINTENANCE AND REPAIRS 301525 16- May -2006 MAINTENANCE AND REPAIRS 301201 02- May -2006 MAINTENANCE AND REPAIRS 301202 02- May -2006 REFUND 301368 09- May -2006 SUPPLIES 301203 02- May -2006 MAINTENANCE AND REPAIRS 301675 23- May -2006 MATERIALS 301369 09- May -2006 MATERIALS 301526 16- May -2006 REMITTANCE 301827 30-May -2006 CONTRACT SERVICES 301204 02- May -2006 MAINTENANCE AND REPAIRS 301527 16- May -2006 MAINTENANCE AND REPAIRS 301205 02- May -2006 MATERIALS 301528 16- May -2006 MATERIALS 301676 23- May -2006 MATERIALS 301828 30- May -2006 MATERIALS 301677 23- May -2006 ADMINISTRATIVE 301829 30- May -2006 REMITTANCE 301370 09- May -2006 MATERIALS 301206 02- May -2006 ADMINISTRATIVE 301529 16- May -2006 ADMINISTRATIVE 301830 30- May -2006 MATERIALS 301208 02- May -2006 MATERIALS 301679 23- May -2006 MATERIALS 301210 02- May -2006 EQUIPMENT 301374 09- May -2006 MATERIALS 301371 09- May -2006 MAINTENANCE AND REPAIRS 301680 23- May -2006 MAINTENANCE AND REPAIRS 301681 23- May -2006 REFUND 301373 09-May -2006 ADMINISTRATIVE 301682 23- May -2006 MATERIALS 301831 30- May -2006 MATERIALS 301209 02- May -2006 MATERIALS 301211 02- May -2006 MATERIALS 301375 09- May -2006 MATERIALS 301683 23- May -2006 MATERIALS 301376 09- May -2006 CONSULTING SERVICES 301212 02- May -2006 MATERIALS Page 4 Amount 500.00 42.80 200.00 750.00 3,210.00 457.13 201.29 300.00 750.00 345.00 3,634.00 267.50 120.89 47.59 26,124.21 873.56 2,542.93 5,596.29 127.02 13,202.99 2,669.81 1,737.59 630.23 459.50 750.00 137.73 1,840.00 31.33 58.60 350.00 5,000.00 433.35 230.00 69.00 654.14 1,179.38 2,590.42 324.52 45.00 9.78 10,000.00 14,754.97 400.00 71.73 124.68 103.19 103.19 264.50 936.10 50,696.54 75.54 4,499.92 1,829.70 376.91 3,173.71 751.58 2,406.03 8,918.82 94.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT GREEN LINE EQUIPMENT GREY ISLAND SYSTEMS INC GROUNDLOOP PRODUCTIONS GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC IIALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HAMILTON,STEPHEN HARD ROCK CONST INC HARRIGAN,JENNIFER HARRISON,TODD HECO HECO HECO HERBERT,NORM HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HOCO LIMITED HODKIN,MARK HOLDSTOCK,MARIANNE HOLMAN,GEOFF HOOVER,GAYLE HR PROACTIVE INC HR SYSTEMS STRATEGIES INC HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMMELL,HAROLD IMAGISTICS CANADA INC IN2ITIVE GROUP INC IN2ITIVE GROUP INC IN2ITIVE GROUP INC IN2ITIVE GROUP INC INFORMATION NIAGARA INTEGRITY ABSORBENT PRODUCTS IOANNONI,CARMINE J &B JACKSON,CHRISTINE JACKSON,DAVE JAGGER HIMS LIMITED JESSOP,JIM JIMS TRUCKING LTD JIMS TRUCKING LTD JOAN CRAWFORD GRAPHIC DESIGN KAN DU POOLS LTD KAN DU POOLS LTD KELLY,KAREN KEN WARDEN CONSTRUCTION LTD 301377 301684 301832 301685 301530 301378 301686 301213 301531 301687 301214 301532 301688 301834 301215 301533 301689 301835 301690 301534 301836 301217 301218 301691 301837 301692 301379 301219 301693 301380 301535 301220 301536 301381 301694 301221 301382 301537 301222 301383 301225 301384 301538 301695 301839 301539 301385 301227 301226 301386 301540 301696 301541 301697 301542 301387 301543 301388 301389 09- May -2006 23- May -2006 30- May -2006 23- May -2006 16- May -2006 09- May -2006 23- May -2006 02- May -2006 16- May -2006 23- May -2006 02- May -2006 16- May -2006 23-May -2006 30-May -2006 02- May -2006 16- May -2006 23- May -2006 30- May -2006 23- May -2006 16-May -2006 30- May -2006 02- May -2006 02- May -2006 23- May -2006 30- May -2006 23- May -2006 09- May -2006 02- May -2006 23- May -2006 09- May -2006 16- May -2006 02- May -2006 16- May -2006 09- May -2006 23- May -2006 02- May -2006 09- May -2006 16- May -2006 02- May -2006 09- May -2006 02- May -2006 09- May -2006 16- May -2006 23- May -2006 30- May -2006 16- May -2006 09- May -2006 02- May -2006 02- May -2006 09- May -2006 16- May -2006 23- May -2006 16- May -2006 23- May -2006 16- May -2006 09- May -2006 16- May -2006 09- May -2006 09- May -2006 AP5200 Cheque No. Cheque Date Purpose MATERIALS MATERIALS MATERIALS REMITTANCE EQUIPMENT MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS LEASES AND RENTS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REMITTANCE ADMINISTRATIVE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REFUND CONSULTING SERVICES MATERIALS REFUND REFUND REMITTANCE ADMINISTRATIVE REMITTANCE CONSULTING SERVICES MATERIALS REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONSULTING SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS SUPPLIES ADMINISTRATIVE CONTRACT SERVICES Page 5 Amount 1,272.04 570.50 1,423.56 61.40 742.96 3,405.05 200.00 489.17 2,687.67 1,810.22 269 10 289.80 1,283.40 1,577.34 575.00 575.00 22,132.95 1,260.97 413.23 42,222.64 70.00 147.57 170.13 334.94 4,068.79 750.00 5,662.09 50.74 67,520.43 149.99 75.00 153.42 300.00 5,153.83 2,673.75 45.57 45.57 45.57 159.52 3,925.69 1,417.19 1,939.88 1,945.99 2,823.93 42.75 1,030.49 279.62 53.50 37.56 129.98 2,354.00 110.00 1,712.00 3,830.60 1,647.54 23.82 2,310.02 117.32 417.30 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KENNEY,GERALD KERNOHAN ELAINE A KERRY T HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KLEIN,KURT KLEIN DEVELOPMENTS LTD KRAFT CANADA INC KRAFT CANADA INC KRONSTEIN,MARK KUCHYT,TOM LABOUR DISPUTES RESOLUTIONS LIMITED LAFARGE CANADA INC LATOPLAST LTD LEGACE,E. LEXISNEXIS QUICKLAW LINCOLN APPLIANCE SERVICE CENTRE INC LINDSAY PRESS LINDSAY PRESS LONGTERM EQUITIES INC LOUTH NIAGARA ORCHARDS LOWE,PETER E LUBRIZOL CANADA LIMITED LYMBURNER,ROBERT M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MANNI,SIRO MARCO CLAY PRODUCTS INC MARINELAND OF CANADA MASSON,IAN WILLAIM& MASSON, PATRICIA SMITH MATTHEWS CAMERON HEYWOOD KERRY T HOWE SC MAVES,DIANE MAXWELL,BARBARA MAYER HERITAGE CONSULTANTS INC MCCONNELL,LUCILLE MCDONALD DANIEL J IN TRUST MCGUIGAN,LLOYD& MCGUIGAN, PAULINE MCLAUGHLIN,COLLEEN MCLEAN KERR LLP MCLEAN KERR LLP MCLEAN KERR LLP MCMASTER,JOSEPH MCNAMARA,SUSAN MCWOOD STUDIOS MCWOOD STUDIOS ME OLSEN TITLES INC MEDCON MECHANICAL LTD METRO PLUMBING HEATING MICHITSCH,HERBERT MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE Cheque No. Cheque Date Purpose 301157 301840 301390 301841 301229 301228 301231 301698 301391 301392 301393 301699 301232 301700 301701 301545 301234 301703 301705 301546 301547 301706 301707 301243 301852 301236 301844 301708 301845 301395 301396 301709 301397 301398 301710 301399 301400 301401 301711 301846 301402 301403 301474 301624 301712 301548 301404 301549 301405 301240 301241 301242 301321 301407 301408 301551 301552 301553 301714 26- Apr -2006 30- May -2006 09- May -2006 30- May -2006 02- May -2006 02- May -2006 02- May -2006 23- May -2006 09- May -2006 09- May -2006 09- May -2006 23- May -2006 02- May -2006 23- May -2006 23- May -2006 16- May -2006 02- May -2006 23- May -2006 23- May -2006 16- May -2006 16- May -2006 23- May -2006 23- May -2006 02- May -2006 30- May -2006 02- May -2006 30- May -2006 23- May -2006 30-May -2006 09- May -2006 09- May -2006 23- May -2006 09- May -2006 09-May -2006 23- May -2006 09- May -2006 09- May -2006 09- May -2006 23- May -2006 30-May -2006 09- May -2006 09- May -2006 10- May -2006 18- May -2006 23-May -2006 16- May -2006 09- May -2006 16- May -2006 09- May -2006 02- May -2006 02- May -2006 02- May -2006 08- May -2006 09- May -2006 09-May -2006 16-May -2006 16- May -2006 16-May -2006 23- May -2006 AP5200 REFUND REFUND CONSULTING SERVICES CONSULTING SERVICES REFUND REFUND MATERIALS REFUND ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS REFUND MATERIALS CONSULTING SERVICES REFUND ADMINISTRATIVE UTILITIES CONTRACT SERVICES REFUND CONTRACT SERVICES REFUND REFUND CONSULTING SERVICES ADMINISTRATIVE REFUND CONSULTING SERVICES ADMINISTRATIVE REFUND REFUND ADMINISTRATIVE ADMINISTRATIVE CONSULTING SERVICES REFUND REFUND ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE Page 6 Amount 300.00 56.00 1,714.27 873.39 750.00 750.00 24,354.99 55,869.32 42.00 196.23 2,010.85 6,456.55 2,233.76 100.00 232.07 51.75 93.15 11.50 17,457.31 48.88 2,730.00 3,405.52 3,140.00 655.50 655.50 500.00 3,826.97 1,378.19 3,098.66 7,073.95 54.00 50.00 1,439.15 96.00 696.16 180.85 54.05 6,486.00 11,497.38 100.00 750.00 90.00 23,000.00 23,000.00 2,313.03 1,823.28 7,629.91 75.00 216.06 42,510.63 3,206.28 109.23 450.00 109.23 450.00 4,514.10 109.23 9,000.75 160.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MOORE,KEN MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MRKAW,MIKE MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL RETIREES ORGANIZATION ONTARIO MUNICIPAL TAX EQUITY CONSULTANTS INC MUNICIPAL WORLD INC MUSSARI,TOM MY COUNTRY DELICATESSEN NET -WORXX COMPUTER TECHNOLOGIES AND NETW' NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOL NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOL NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS TOURISM NIAGARA I-4ANDWEAVERS SPINNERS NIAGARA INVESTMENTS NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA PLUMBING SUPPLY COMPANY LIMITED Cheque No. Cheque Date Purpose 301715 301716 301848 301849 301851 301239 301406 301550 301713 301847 301409 301554 301853 301410 301717 301411 301412 301718 301413 301854 301245 301719 301244 301855 301246 301414 301415 301555 301720 301556 301721 301722 301416 301557 301251 301252 301421 301561 301729 301858 301418 301724 301725 301249 301250 301419 301420 301559 301560 301726 301856 301857 301728 301730 301562 301731 301732 301733 301734 23-May -2006 23- May -2006 30-May -2006 30-May -2006 30- May -2006 02- May -2006 09- May -2006 16-May -2006 23-May -2006 30- May -2006 09- May -2006 16- May -2006 30-May -2006 09- May -2006 23- May -2006 09-May -2006 09-May -2006 23-May -2006 09- May -2006 30-May -2006 02- May -2006 23-May -2006 02-May -2006 30-May -2006 02-May -2006 09- May -2006 09- May -2006 16- May -2006 23- May -2006 16- May -2006 23- May -2006 23- May -2006 09- May -2006 16- May -2006 02- May -2006 02- May -2006 09- May -2006 16- May -2006 23-May -2006 30- May -2006 09- May -2006 23- May -2006 23- May -2006 02- May -2006 02- May -2006 09-May -2006 09- May -2006 16-May -2006 16- May -2006 23- May -2006 30- May -2006 30- May -2006 23- May -2006 23-May -2006 16-May -2006 23-May -2006 23-May -2006 23- May -2006 23- May -2006 AP5200 Page 7 REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS REMITTANCE CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES REMITTANCE ADMINISTRATIVE REMITTANCE UTILITIES REMITTANCE UTILITIES REMITTANCE UTILITIES ADMINISTRATIVE REMITTANCE UTILITIES ADMINISTRATIVE GRANT ADMINISTRATIVE REFUND ADMINISTRATIVE ADMINISTRATIVE REFUND Amount 109.23 224.40 3,331.31 45,053.14 109.23 1,765.76 1,765.76 1 ,729.76 1,804.76 1,804.76 849.67 782.82 326.80 8,666.34 57.71 116.05 87.77 226.29 750.00 1,070.00 25.00 1,309.09 58.85 182.69 49.59 347.75 472,489.15 1,112.80 4,570.74 69.86 120.98 750.00 9,373.20 7,103.73 2,204.16 4,338.69 2,204.16 2,204.16 2,204.16 2,204.16 1,840.00 260.00 37,711.83 10,170.33 103,712.57 4,381.14 2,250.08 7,797.20 11,781.21 3,597.42 2,170.07 105,963.44 651.88 27,500.00 100.00 750.00 1,523.07 417.57 4,588.64 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL SEXUAL ASSAULT CENTRE NIAGARA ROADS SUPERVISORS NIAGARA SAW SALES AND SERVICE NIAGARA SOUND SYSTEMS NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA WINE FESTIVAL NIAGARA.COM NORM'S SERVICE CENTRE 305677 ONTARIO LTD NORSTAN RESORTS INC NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIO OACA OACA OACA OACETT OATLEY,SHAWN OLAH,COURTNEY OLD STONE INN INC OMERS OMERS OMERS OMERS OMERS ON SCENE RESCUE TRAINING ONTARIO LAUNDRY SYTEMS INC ONTARIO RECREATION FACILITIES ASSOCIATION INC ONTARIO WATER PRODUCTS INC OPTIMIST CLUB PAISLEY PRODUCTS OF CANADA INC PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PASCO,JOHN PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PERRI -MED PERRI -MED PETERBILT OF ONTARIO INC PHILIPS ENGINEERING PHILIPS ENGINEERING PINDERS LOCK AND SECURITY PINE,BRAD PIPEFLO CONTRACTING CORPORATION PIPEFLO CONTRACTING CORPORATION POPPA CORN CORP POPPA CORN CORP POTTS,JESSICA PRATA,GUY PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISE PARK LINK INC PRESTIGE PORTABLE TOILETS PRIMERANO,FRANK PROJECT SHARE AP5200 Cheque No. Cheque Date Purpose 301735 23- May -2006 ADMINISTRATIVE 301859 30- May -2006 ADMINISTRATIVE 301563 16- May -2006 REMITTANCE 301736 23- May -2006 MATERIALS 301253 02- May -2006 MATERIALS 301422 09- May -2006 ADMINISTRATIVE 301564 16- May -2006 ADMINISTRATIVE 301254 02- May -2006 GRANT 301565 16- May -2006 REMITTANCE 301723 23- May -2006 ADMINISTRATIVE 301737 23- May -2006 MATERIALS 301738 23- May -2006 REFUND 301566 16- May -2006 REMITTANCE 301255 02- May -2006 REMITTANCE 301256 02- May -2006 REMITTANCE 301423 09- May -2006 ADMINISTRATIVE 301567 16- May -2006 REMITTANCE 301257 02- May -2006 ADMINISTRATIVE 301860 30- May -2006 ADMINISTRATIVE 301258 02- May -2006 ADMINISTRATIVE 301259 02-May -2006 REMITTANCE 301260 02- May -2006 REMITTANCE 301424 09- May -2006 REMITTANCE 301861 30-May -2006 REMITTANCE 301862 30- May -2006 REMITTANCE 301425 09- May -2006 MATERIALS 301426 09- May -2006 MATERIALS 301261 02- May -2006 ADMINISTRATIVE 301739 23- May -2006 MATERIALS 301262 02- May -2006 MATERIALS 301263 02- May -2006 MATERIALS 301863 30- May -2006 GRANT 301264 02- May -2006 REFUND 301568 16- May -2006 MATERIALS 301266 02- May -2006 MATERIALS 301864 30- May -2006 CONSULTING SERVICES 301428 09- May -2006 CONTRACT SERVICES 301265 02- May -2006 MATERIALS 301427 09- May -2006 MATERIALS 301429 09- May -2006 MATERIALS 301740 23- May -2006 MATERIALS 301569 16- May -2006 MATERIALS 301267 02- May -2006 CONSULTING SERVICES 301430 09- May -2006 CONSULTING SERVICES 301570 16- May -2006 MATERIALS 301571 16-May -2006 ADMINISTRATIVE 301268 02-May -2006 CONTRACT SERVICES 301741 23- May -2006 CONTRACT SERVICES 301269 02- May -2006 MATERIALS 301431 09- May -2006 MATERIALS 301572 16- May -2006 ADMINISTRATIVE 301742 23- May -2006 ADMINISTRATIVE 301743 23- May -2006 MATERIALS 301793 24- May -2006 MATERIALS 301271 02- May -2006 CONTRACT SERVICES 301865 30-May -2006 CONTRACT SERVICES 301866 30- May -2006 MATERIALS 301867 30-May -2006 REFUND 301432 09- May -2006 REMITTANCE Page 8 Amount 35.00 125.00 60.00 35.58 1,745.70 2,142.28 916.30 250,000.00 25.00 144.94 74.75 55,767.26 1,500.00 240.00 1,730.00 325.00 192.60 50.22 70.00 4,496.75 319,219.10 18,628.28 32.49 326,448.92 19,092.12 2,815.47 712.55 374.50 1,742.34 6,164.64 743.54 1,379.34 230.00 945.77 49.68 82.29 85.60 9.00 238.50 1,263.24 1,000.00 217.45 5,067.23 20,328.46 1,286.85 75.00 722.25 28,782.26 351.47 134.44 137.38 27.00 1,469.15 209.52 24.35 1,966.45 270.48 750.00 1,000.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PROJECT SHARE PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUAGL IARI E LLO,AN D RE W QUIZNOS SUBS R D CONSTRUCTION (NIAGARA) LTD R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMITED RACINE,LORRAINE RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO ASSOCIATES ARCHITECTS INC RAIMONDO ASSOCIATES ARCHITECTS INC RAMPADO,RICK RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY RCI CONSULTING REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REED CONSTRUCTION DATA INC REGIONAL NIAGARA FIRE BUFFS RIDGEMOUNT QUARRIES LIMITED RIVER REALTY DEVELOPMENT (1976) INC ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROBINSON BOB RODAN COMMUNICATIONS ROGERS WIRELESS INC ROGERS WIRELESS INC RONA ONTARIO INC RONA ONTARIO INC RONALD C ELLENS APPRAISALS INC ROTO ROOTER PLUMBERS ROYAL BANK ROYAL ENVELOPE LTD RUISH,ALFRED SACCO CONSTRUCTION SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC 301744 301868 301433 301272 301434 301573 301869 301870 301273 301750 301440 301584 301758 301875 301445 301746 301274 301574 301747 301275 301435 301748 301749 301276 301575 301436 301871 301277 301278 301437 301438 301576 301577 301751 301752 301872 301873 301578 301755 301756 301757 301279 301585 301586 301281 301587 301759 301282 301588 301760 301443 301444 301876 301877 301446 301878 301447 301761 301284 23- May -2006 30- May -2006 09- May -2006 02- May -2006 09- May -2006 16- May -2006 30- May -2006 30- May -2006 02- May -2006 23- May -2006 09- May -2006 16- May -2006 23- May -2006 30- May -2006 09- May -2006 23 -May -2006 02- May -2006 16- May -2006 23-May -2006 02- May -2006 09- May -2006 23- May -2006 23- May -2006 02- May -2006 16- May -2006 09- May -2006 30- May -2006 02- May -2006 02- May -2006 09- May -2006 09- May -2006 16-May -2006 16- May -2006 23-May -2006 23-May -2006 30-May -2006 30- May -2006 16- May -2006 23- May -2006 23- May -2006 23- May -2006 02- May -2006 16- May -2006 16- May -2006 02- May -2006 16- May -2006 23- May -2006 02- May -2006 16- May -2006 23- May -2006 09- May -2006 09- May -2006 30- May -2006 30- May -2006 09-May -2006 30- May -2006 09- May -2006 23- May -2006 02- May -2006 AP5200 Cheque No. Cheque Date Purpose GRANT ADMINISTRATIVE CONTRACT SERVICES REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES REFUND MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES ADMINISTRATIVE MATERIALS REMITTANCE REMITTANCE CONSULTING SERVICES ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS ADMINISTRATIVE MATERIALS REFUND MATERIALS MATERIALS ADMINISTRATIVE UTILITIES UTILITIES UTILITIES MATERIALS MATERIALS CONSULTING SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS Page 9 Amount 21,038.67 80.00 531,593.13 28.29 19.32 184.00 338.94 100.00 147.16 1,651.80 7,342.07 717.78 288.49 49.67 4,307.64 248.37 641.09 155.66 92.18 41,648.18 2,986.89 45.00 6,313.00 1,213.80 1,238.00 5,893.61 4,905.95 138.47 202,569.43 138.47 209,268.92 138.47 194,347.06 138.47 204,070.01 198,820.77 138.47 694.90 35.00 987.49 11,263.49 378.70 765.05 6,000.00 3,561.66 222.32 2,097.48 258.73 212.71 2,140.50 149.80 468.00 57.22 750.00 1,551.50 6,139.13 312.78 472.84 406.55 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SAFETY TODAY SAKARS,JOHN SALCI,TED SCHARING,DORIS SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SHAHEEN PEAKER LTD SHERWIN WILLIAMS SHRED IT KITCHENER SICO INC SICO INC SICO INC SICO INC SIGNATURE SIGNS SIGNATURE SIGNS SILCOM CANADA INC SIM VIDEO PRODUCTIONS LTD SIMCOE GLASS ALUMINUM SIMONS RESTAURANT SIMPLISTIC LINES INC SIMPLISTIC LINES INC SMILE THEATRE SMITH,WILLIAM SPEARE SEEDS ST DAVIDS CONSTRUCTION ST LAWRENCE CEMENT ST ONGE,ED STAMFORD COLLEGIATE STREAMLINE SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREMEX INC T M EXCAVATING TAB TALK WIRELESS INC TAMM COMMUNICATIONS INC TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TERANET INC THE BUSINESS LINK NIAG LTD THE DENNIS GROUP THE DRAFTING CLINIC CANADA LTD THE DRAWING CENTRE THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE GREENFIELD GROUP LTD THE GREENFIELD GROUP LTD AP5200 Cheque No. Cheque Date Purpose 301285 02- May -2006 MATERIALS 301589 16- May -2006 ADMINISTRATIVE 301762 23- May -2006 ADMINISTRATIVE 301286 02- May -2006 ADMINISTRATIVE 301448 09- May -2006 ADMINISTRATIVE 301591 16- May -2006 ADMINISTRATIVE 301763 23- May -2006 ADMINISTRATIVE 301879 30- May -2006 ADMINISTRATIVE 301880 30- May -2006 REMITTANCE 301881 30- May -2006 ADMINISTRATIVE 301288 02- May -2006 CONSULTING SERVICES 301765 23- May -2006 MATERIALS 301883 30- May -2006 CONTRACT SERVICES 301289 02- May -2006 MATERIALS 301449 09- May -2006 MATERIALS 301593 16- May -2006 MATERIALS 301884 30- May -2006 MATERIALS 301450 09- May -2006 MATERIALS 301885 30- May -2006 MATERIALS 301766 23- May -2006 REFUND 301594 16- May -2006 MATERIALS 301290 02- May -2006 MATERIALS 301291 02- May -2006 ADMINISTRATIVE 301292 02- May -2006 MATERIALS 301887 30- May -2006 MATERIALS 301888 30- May -2006 MATERIALS 301767 23- May -2006 REFUND 301890 30- May -2006 MATERIALS 301293 02- May -2006 REFUND 301294 02- May -2006 REFUND 301596 16- May -2006 REFUND 301451 09- May -2006 ADMINISTRATIVE 301295 02- May -2006 MATERIALS 301296 02- May -2006 REMITTANCE 301598 16- May -2006 REMITTANCE 301768 23- May -2006 REMITTANCE 301769 23- May -2006 REMITTANCE 301597 16- May -2006 MATERIALS 301453 09- May -2006 MATERIALS 301452 09- May -2006 MATERIALS 301770 23- May -2006 MATERIALS 301454 09- May -2006 MAINTENANCE AND REPAIRS 301891 30- May -2006 MATERIALS 301297 02- May -2006 MATERIALS 301892 30- May -2006 ADMINISTRATIVE 301599 16- May -2006 UTILITIES 301455 09- May -2006 CONTRACT SERVICES 301600 16- May -2006 UTILITIES 301601 16-May -2006 UTILITIES 301602 16- May -2006 ADMINISTRATIVE 301603 16- May -2006 MATERIALS 301894 30- May -2006 MATERIALS 301299 02- May -2006 MATERIALS 301895 30- May -2006 MATERIALS 301604 16-May -2006 LEASES AND RENTS 301771 23- May -2006 LEASES AND RENTS 301897 30- May -2006 LEASES AND RENTS 301605 16- May -2006 CONTRACT SERVICES 301772 23- May -2006 CONTRACT SERVICES Page 10 Amount 1,221.45 75.00 1,160.00 500.00 1,344.00 2,526.75 170.48 503.10 151,328.22 1,394.38 801.43 6,146.01 69.55 354.73 229.45 2,497.80 164.55 1,028.10 339.25 36,649.32 7,728.00 962.36 49.48 3,805.40 2,550.26 1,400.00 1,050.00 1,660.31 500.00 7,970.88 150.00 75.00 155.25 242,598.19 248,117.82 3,993.71 1,505.21 1,509.10 243.80 10.83 1,001.65 214.00 143.91 976.11 906.54 3,582.56 540.46 270.23 14,133.85 5,000.00 625.95 1,964.78 267.38 662.40 1,380.00 948.75 2,369.00 1,364.25 545.70 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE SCOT GROUP THE SENIORS REVIEW THE TORONTO DOMINION BANK THE TRIBUNE THEORET,ROSALINE TIDD,DEREK TIM HORTONS STORE #30 TINGEY,JONATHON TONG,SI -KI TORONTO STAMP INC TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOY,DON TRAVELPIC NIAGARA FALLS TREASURE HOUSE IMPORTS LTD TREASURE HOUSE IMPORTS LTD TRI CITY CURB CUTTING INC TROW ASSOCIATES INC TUOVI PETER IN TRUST UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VALLANCE,JESSICA VANOOR SUPPLY VANOOR SUPPLY VANDEN BUSSCHE IRRIGATION VINELAND QUARRIES WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER,AGNES WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD Cheque No. Cheque Date Purpose 301609 301773 301300 301456 301610 301774 301898 301439 301579 301580 301581 301582 301583 301753 301754 301874 301899 301301 301457 301903 301900 301608 301458 301459 301901 301902 301302 301303 301460 301611 301304 301612 301613 301305 301614 301904 301306 301905 301307 301615 301775 301906 301776 301461 301309 301907 301463 301908 301616 301777 301909 301464 301312 301466 301618 301780 301311 301465 301617 16- May -2006 23- May -2006 02- May -2006 09- May -2006 16- May -2006 23- May -2006 30- May -2006 09- May -2006 16- May -2006 16- May -2006 16- May -2006 16- May -2006 16- May -2006 23-May -2006 23- May -2006 30- May -2006 30-May -2006 02- May -2006 09- May -2006 30- May -2006 30 -May -2006 16-May -2006 09- May -2006 09- May -2006 30- May -2006 30- May -2006 02- May -2006 02- May -2006 09- May -2006 16- May -2006 02- May -2006 16- May -2006 16- May -2006 02- May -2006 16- May -2006 30- May -2006 02-May -2006 30-May -2006 02-May -2006 16- May -2006 23- May -2006 30-May -2006 23- May -2006 09- May -2006 02- May -2006 30- May -2006 09- May -2006 30-May -2006 16- May -2006 23-May -2006 30- May -2006 09- May -2006 02-May -2006 09- May -2006 16- May -2006 23- May -2006 02- May -2006 09- May -2006 16- May -2006 AP5200 Page 11 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE REFUND ADMINISTRATIVE REFUND ADMINISTRATIVE REFUND ADMINISTRATIVE SUPPLIES MATERIALS REFUND MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MAINTENANCE AND REPAIRS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONSULTING SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS Amount 442.95 328.43 386.40 258.75 434.70 307.05 48.30 1,200.00 13,610,021.00 1,103,278.94 1,462,961.80 220,554.57 9,219.72 1,280,636.63 7,180.56 16,335.07 21,577.62 750.00 401.25 750.00 966.21 18.39 1,500.00 34.74 97.50 150.00 18.62 442.83 4,994.08 387.49 802.50 75.00 561.75 191.53 2,734.92 545.13 2,364.71 235.87 1,271.69 727.83 45.49 513.56 1,239.00 3,217.94 14,474.70 6,742.52 22,865.78 70.00 1,257.07 1,487.49 337.20 454.33 11.07 286.37 58.74 100.00 4,874.22 3,474.12 8,089.48 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WALKER BROTHERS QUARRIES LTD WARDON HOMES LIMITED WASTE MANAGEMENT WEIR FOULDS WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WILLICK,LUKE WINTER FESTIVAL OF LIGHTS WOLFF,JACK WOMEN'S PLACE OF SOUTH NIAGARA INC WORKING BYTES INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WSIB WSIB YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YOUNG SOD FARMS LTD YUNUS TIMOL IN TRUST YWCA YWCA ST CATHARINES ZAMBONI COMPANY LTD ZAVITZ,SHERMAN Cheque No. Cheque Date Purpose 301779 301781 301619 301782 301467 301620 301783 301911 301784 301785 301314 301786 301787 301315 301621 301316 301317 301318 301468 301912 301913 301319 301622 301469 301320 301623 301788 301914 301470 301471 301790 301472 301678 301473 23- May -2006 23- May -2006 16- May -2006 23- May -2006 09- May -2006 16-May -2006 23- May -2006 30- May -2006 23- May -2006 23-May -2006 02- May -2006 23- May -2006 23- May -2006 02- May -2006 16- May -2006 02- May -2006 02- May -2006 02- May -2006 09- May -2006 30- May -2006 30- May -2006 02-May -2006 16- May -2006 09- May -2006 02- May -2006 16 -May -2006 23-May -2006 30-May -2006 09- May -2006 09- May -2006 23- May -2006 09-May -2006 23-May -2006 09- May -2006 AP5200 Page 12 MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND GRANT REFUND GRANT CONTRACT SERVICES MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE REMITTANCE REMITTANCE MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES UTILITIES REMITTANCE CONTRACT SERVICES MATERIALS REFUND GRANT MATERIALS MATERIALS ADMINISTRATIVE Amount 11,351.28 750.00 49.13 1,693.46 5,280.48 469.16 12,445.66 363.08 70.00 31,666.68 268.59 2,083.33 342.13 27,999.50 28,201.54 80.25 16,380.88 542.62 1,810.81 563.69 28,093.78 1,006.73 424.79 27.23 3,735.04 23,819.64 1,302.77 598.73 222.50 65.23 5,181.83 75.00 336.95 1,500.00 Total: 24,504,310.93 The City of Niagara Falls „i Canada Corporate Services Department Members: Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario June 12, 2006 Re: PD- 2006 -44, 2005 Housing Monitoring Report RECOMMENDATION: It is recommended that Council receive these four reports for information. BACKGROUND: PD- 2006 -44 Doug Darbyson Director Planning and Development has produced four statistical reports: Land Supply; Residential Building Trends; Range of Housing; and Vacancy Rates, that together make up the 2005 Housing Monitoring Report which serves as an information package for developers and the public. As indicated in the Land Supply report, the City has approximately 305 hectares (ha) or 754 acres of raw land for new housing construction as of the end of 2005, which would equate to a potential for 5,280 new residential units. Using a 10 -year average of 299 building permits issued per year for new residential construction, there is an estimated 17.65 year supply of raw residential land. Within registered plans and draft plans of subdivisions there is a total of 1,173 potential units. Again, using the 10 -year building permit average, there is a 3.92 year supply of units available for development in the short term. These figures surpass both the 10 -year supply of residential land and the 3 -year supply of lots in registered or draft approved subdivisions available in the short term as established in the Provincial Policy Statement. The Residential Building Trends report indicates a 16.6% decline in housing starts during 2005 (295 in 2005 versus 354 in 2004). This reflects the trend noted by CMHC in that housing starts reached a 14 -year high in 2004 and settled back to the 15 -year average in 2005 in the St. Catharines Niagara area. The majority of permits issued over the last five years have been for single detached homes, which has been made possible by a strong inventory of single detached lots. The third report is the Range of Housing report which profiles the range of housing types and densities within the City as of the end of 2005. Within plans of subdivision, the range of lot sizes was well distributed providing purchasers with many options of various sized lots. The Westlane Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 12, 2006 2 PD- 2006 -44 Community continues to be the principal area of new construction with 40% of the new housing occurring in this area. Draft plan approval was granted to one plan in 2005 and this was for 26 townhouse units in the Neighbourhoods of St. David's. Two other Plans of Subdivision were draft approved in 2004 and registered in 2005 and Gamer Estates Phase 5 was draft approved and registered all in 2005. Although the City does not keep vacancy rate statistics, CMHC tabulates vacancy rates data for most municipalities. The Vacancy Rate report essentially summarizes the CMHC data for 2005. CMHC separates the City into two areas, the core area, being the downtown area and a remainder area being all other areas of the City, and reports data for each area separately. Vacancy rates for all unit types decreased by 1% to 2.7% in 2005, which is under the 3% vacancy rate considered by CMHC to be a healthy rental market. There were 93 units vacant out of 3,404 units surveyed by CMHC in 2005. With little new supply of rental accommodation, it is expected the rental market will remain fairly tight in 2006. CONCLUSION: The City of Niagara Falls continues to be in a positive position regarding the Provincial guidelines for long -term residential land and short-term unit supply as currently there is a 17.65 year supply of raw land and 3.92 year supply for short-term units. Provincial guidelines require a 10 -year supply of raw land and a three -year supply of lands available to be developed in the short term. According to CMHC, housing starts reached a 14 -year high in 2004 and settled back to the 15 -year average in 2005 in the St. Catharines Niagara area. The City experienced a slight decrease in 2005. Niagara Falls is providing a suitable range of housing types and lot sizes. The balance in housing types can be maintained as new subdivisions are approved. Single detached dwellings built in 2005 were well distributed across the various sizes of lots. Prepared by: Peggy Boyle Assistant Planner Recommended by: Doug Darbyson Director of Planning Development 2proved by: r I Tor T. Raven Executive Director of Corporate Services PB:gd Attach. SAPDR\2006\PD2006 -44, 2005 Housing Monitor Report.wpd Respectfully submitted: a tirJohn MacDonald Chief Administrative Officer TABLE 1: POTENTIAL RESIDENTIAL UNIT SUPPLY YEAR END 2005 REGISTERED DRAFT REZONED PREZONED "RAW" TOTAL COMMUNITY PLANS PLANS MULTIPLES LAND LAND UNITS STAMFORD 184 26 228 307 192 937 ELGIN 2 6 281 289 DRUMMOND 8 332 220 51 611 QUEEN VICTORIA NORTHWEST 181 172 90 73 648 WESTLANE 251 257 166 132 3301 4173 GRASSY BROOK 198 420 420 CHIPPAWA 54 8 47 69 1243 1421 BEAVERDAMS 25 25 CROWLAND WILLOUGHBY 8 22 30 CITY TOTAL 688 485 894 1207 5280 8554 Nia ara FRlls 2005 HOUSING MONITORING REPORT g CANADA Land Supply 1. LAND SUPPLY 2. RESIDENTIAL BUILDING TRENDS 3. RANGE OF HOUSING 4. VACANCY RATES INTRODUCTION This report is one of a four part series that will make up the 2005 Housing Monitoring Report. It provides a community profile on residential land supply in the City of Niagara Falls as of December 31, 2005. Together, this series of reports serves as a reference for developers and the public and responds to the housing PLANNING DEVELOPMENT DEPARTMENT municipality. LAND SUPPLY APRIL 2006 requirements of the Provincial Policy Statement. Where appropriate, data has been divided by Community Planning Districts (see Planning Community Map) to provide a better understanding of development and growth potential throughout different areas of the The Provincial Policy Statement provides guidance to assess the suitability of residential land supply. Each municipality should maintain, at all times, at least a 10 -year supply of land designated and available for new residential development and residential intensification and redevelopment and at least a 3 -year supply of units with servicing capacity in draft approved or registered plans of subdivision. The potential supply of residential units within the municipality is shown in Table 1 for different categories by Community Planning Districts. Niagarafalls [ANAI)A Raw Land The long -term supply of properties for residential growth is identified as "raw" land in Table 1. This land is designated Residential in the City's Official Plan and has no development approvals. Niagara Falls has approximately 305 hectares or 754 acres of raw land for new housing construction. There is an estimated potential for 5280 housing units on this land using an average density for development of 17.3 units per hectare (7 units per acre). The Residential land supply has decreased from 2004 due to the draft plan approval and Registration of Gamer Phase 5. Future residential growth will be concentrated in the Westlane and Chippawa Communities which together account for 86.% of the City's long -term unit potential. Chippewa 23.5% Grassy Brook 8.0% Stamford 3.8% Drummond 1.0% Northwest 1.4% Westlane 62.5% The municipality has an 17.65year supply of raw land when utilizing the 10 -year average of residential building permits (299 units/year) as a measure of consumption. Rezoned Multiples The Provincial Policy Statement also considers residential intensification and redevelopment (such as infill development and the creation of new residential units) in reviewing longer term supply. Rezoned multiple developments in the City contribute 894 potential units to this inventory. PLANNING DEVELOPMENT DEPARTMENT Land Supply There were 30 new units constructed in 2005 all within the Drummond Planning Community thus decreasing the potential unit supply. Overall, Niagara Falls makes a very large contribution within the Region in addressing the 10 -year Provincial target for long -term land supply. Registered Draft Plans Short-term land supply consists of registered and draft approved plans of subdivision. These two categories combine for a total of 1173 unbuilt units as shown in Table 1. The Northwest Community accounts for 30% of the supply but its percentage has been declining in recent years due to the construction and build out in this area of the City. Development has shifted away from the Northwest resulting in an increase of approvals in other Communities. The Westlane Planning Community's share of 43% of the municipal total has become the largest supplier of short-term supply. The Chippawa Planning Community represents approximately 8% of short-term supply while the Stamford Planning Community accounts for approximately 18 Registered Draft Plans of subdivision Westlane 43.3% Willoughby Applying the 10 -year building permit average results in an estimated 3.92 year supply of lots which surpasses the 3 -year guideline of the Provincial Policy Statement. Niagara Prezoned Land Table 1 also notes additional information for potential residential units on prezoned lands for redevelopment. These lands are generally located along arterial roads and in the downtown core, with the configuration of many of these sites posing development limitations. The properties are under various ownerships and require consolidation, therefore, these lands are recognized as a component of long -term housing potential. This prezoned segment of unit supply represents significant development potential in Niagara Falls and augments the total supply. Planning Community Map PLANNING DEVELOPMENT DEPARTMENT CONCLUSION Land Supply The City of Niagara Falls continues to be in a positive position regarding the Provincial guidelines for long -term residential land and short- term unit supply as follows: 17.65 year raw land supply 3.92 year short -term unit supply The City's proactive planning program for neighborhood and community secondary plans in advance of development has successfully contributed to exceeding the Provincial Land Supply targets. Planning Communities Niagararalls 2005 HOUSING MONITORING REPORT CANADA Residential Building Trends 1. LAND SUPPLY 2. RESIDENTIAL BUILDING TRENDS 3. RANGE OF HOUSING 4. VACANCY RATES INTRODUCTION This report is one of a four part series that will make up the 2005 Housing Monitoring Report. It provides a profile on residential building trends in the City of Niagara Falls as well as a profile of the Niagara Region as of December 31, 2005. Together, this series of reports serves as a reference for developers and the public and responds to the housing requirements of the Provincial Policy Statement. RESIDENTIAL BUILDING TRENDS The cyclical nature of residential construction corresponds to various economic and social conditions experienced locally, regionally, provincially and at the federal level. Graph 1: Residential Building Permits Issued 500 400 300 200 100 0 PLANNING DEVELOPMENT DEPARTMENT APARTMENTS MULTIPLES MI SEMIS I. SINGLES APRIL 2006 The City monitors the issuance of building permits and together with data received from Canada Mortgage and Housing Corporation (CMHC) assembles this Housing Monitor Report. Graph 1 illustrates the pattern of activity for Niagara Falls Housing Starts since 1995. Each bar shows the number and type of new units constructed based on the residential building permits issued. This pattern of development mirrors the peaks and downturns in the economy. In order to project future development trends, the fluctuations in building activity are adjusted by using a 10 year average of the number of residential building permits issued. The 10 year average from 1996 to 2005 is 299 per year which is used to predict the future absorption of housing. The number of permits issued peaked in 2003, declined in 2004 and again, slightly, in 2005. Throughout this same time period, the number of permits issued for single detached units has remained above the 200 permit per year level. Niagarafalls Graph 2: Single Semi Multiple Total HOUSING STARTS CITY OF NIAGARA FALLS 0 100 Residential Building Trends con't Niagara Falls experienced a 16.67% decrease in total housing starts from 354 units in 2004 to 295 units in 2005. STARTS 200 A comparison, by housing type, for the last two years is seen in Graph 2, above. Single detached housing starts decreased approximately 19% in 2005 over 2004 and the number of semi detached housing starts increased from 2 units in 2004 to 8 units in 2005. Multiple housing starts decreased from 2004 levels by 37% in 2005. Total housing starts in the St. Catharines Niagara area decreased on an annual basis by 21% from 1781 units in 2004 to 1412 units in 2005, according to the CMHC. PLANNING DEVELOPMENT DEPARTMENT Residential Building Trends 300 400 2004 2005 More specifically, the Niagara Region witnessed a decrease of 19% in 2005 for single detached housing starts from the year 2004. The single detached housing starts made up close to 74% of all housing starts in 2005. The number of single detached units totaled 1043, a decrease from the 2004 figure of 1292 units. Multiples also experienced a decrease to 369 units, region -wide in 2005 compared to 489 in 2004. Graph 3 shows residential starts information for the municipalities in the region during 2005. Niagara Falls and St. Catharines had similar housing starts in 2005 with 295 units and 289 units. Niagara Falls had the most within the single detached housing sector. The City also accounted for approximately 20% of all residential starts in the Region. Graph 3: 350 co 300 z 250 lL 200 O w 150 100 Z 50 Niagara,Falls NIAGARA REGION 2005 HOUSING STARTS (CMHC) 0 ANALYSIS STC NF WELL FE PEL LINC NOTL MUNICIPALITY On the whole, housing starts in the St. Catharines Niagara area declined in 2005. Niagara Falls also experience this decline. CMHC has suggested there are two main factors contributing to this decline. Firstly, rising resale home listings have pushed the demand lower for new homes and secondly, a tighter land supply in some municipalities has limited development of single detached homes. The St. Catharines Niagara year end unemployment rate has increased slightly over year end 2004 (from 6.6% to 7.0 CMHC describes the area as having `flat employment and income growth' which also does little to add to the demand for new homes. When these trends are combined with sustained low mortgage rates, CMHC predicts that home purchases and new building activity will continue, but at a more moderate pace. PLANNING DEVELOPMENT DEPARTMENT Residential Building Trends THOR PC WAIN CONCLUSION II MULTIPLE 1 SINGLE Housing starts reached 295 units in 2005. This is a slight decline from the 354 starts in 2004. It is evident from Graph 1 that over the past 5 years the increase in the number of building permits issued has been aided by a strong inventory of single detached lots. The number of permits issued for single detached dwellings in the last ten years has been cyclical with a peak being reached in 1997 followed by a three year decline and then a steady four year increase to 2004 with 2005 ending lower then the previous two years. CMHC has indicated that housing starts reached a 14 year high in 2004 and settled back to the 15 year average in 2005 in the St. Catharines- Niagara area. TABLE 1: BUILDING PERMITS ISSUED FOR NEW RESIDENTIAL DEVELOPMENT NUMBER OF UNTTS BY TYPE AND COMMUNITY 2005 COMMUNITY SINGLE SEMI DETACHED TOWNHOUSE APARTMENT TOTAL STAMFORD 36 8 44 ELGIN 4 11 15 DRUMMOND 5 4 1 10 QUEEN VICTORIA 0 NORTHWEST 23 15 38 WESTLANE 111 8 119 GRASSY BROOK 2 2 CHIPPAWA 49 3 52 BEAVERDAMS 3 3 CROWLAND 3 3 WILLOUGHBY 9 9 CITY TOTAL 245 8 41 1 295 Niagara,Falls 2005 HOUSING MONITORING REPORT N A Range of Housing 1. LAND SUPPLY 2. RESIDENTIAL BUILDING TRENDS 3. RANGE OF HOUSING 4. VACANCY RATES INTRODUCTION This report is one of a four part series that will make up the 2005 Housing Monitoring Report. It provides a community profile on the range of housing types and densities in the City of Niagara Falls as of December 31, 2005. Together, this series of reports serves as a reference for developers and the public and responds to the housing requirements of the Provincial Policy Statement. PLANNING DEVELOPMENT DEPARTMENT Where appropriate, data has been divided by Community Planning Districts (see Planning Community Map) to provide a better understanding of development and growth potential throughout different areas of the municipality. RANGE OF HOUSING APRIL 2006 The Official Plan encourages a full range of housing types and densities distributed throughout the community to meet the needs of present and future households. In order to gauge the City's success in achieving this goal, residential construction, the mix of approved unbuilt units and draft approved development are examined. Table 1 summarizes residential construction according to housing type and Community Planning Districts as determined though residential building permits issued by the City during 2005. Niagara/falls Range of Housing continued... There were 295 building permits issued for new construction in 2005 compared to 354 permits in 2004. The decrease in 2005 was evidenced by the 16% decrease in single detached housing construction. Single detached housing construction still remained the highest in the Region as pointed out in the Residential Building Trends report. Permits issued for semi detached dwellings increased in 2005 to 8 units, the highest number since 1997. Multiple residential development decreased to 42 units in 2005 compared to 67 units in 2004, owing mainly to a 25 unit apartment complex constructed in 2004. Statistics in 2005 and recent years indicate greater emphasis in single detached construction. The graph below illustrates the 189 building permits issued for single detached dwellings within plans of subdivision this past year were well distributed by lot size small (31.21 medium (44.45 and large (24.34 This provided purchasers with options for various sized properties throughout the City's Community Planning Districts. PLANNING DEVELOPMENT DEPARTMENT The Westlane Community continues to be the principle area of new construction in the City with 40% of the new housing occurring in this area. This Community has expanded with the majority of the development occurring in the Garner Estates Subdivisions, Orchard Grove Subdivision and the Orchard Grove West Subdivision. The Chippawa Community has the second highest number of units constructed in 2005 (17.6 followed closely by Stamford at 15 The potential range of housing to be created in the short term is represented by the mix of approved unbuilt unit types within registered plans and multiple residential rezonings. There was a total of 1582 units possible in these two categories at the end of 2005 as was shown in Table 1 of the Land Supply report. These City-wide potential residential units consist of 447 single lots (28 38 semi detached units (3 425 townhouses (27 and 661 apartment units (42 New Single Detached Development Based on Lot Frontages Large >18m 410 24.3% Small <15m 31.2% Medium 15 -18 44.4% Range of Housing Niagara lays Figure 1: 2005 Approved Unbuilt Units by Community 200 Northwest Westlane Stamford 150 z 100 50 0 Figure 1 above illustrates the mix of approved unbuilt units within the Northwest, Stamford and Westlane Communities that represent the majority of the City's supply. The City's total approved unbuilt units in 2005 in these three Communities was 1100 units. The Northwest Community had 271 units, the Westlane Community had 417 units and in the Stamford Community had 412 units available. The supply of single detached lots has decreased in the last five years in the Northwest Community as the subdivisions continue towards final build out. There were 47 unbuilt units remaining as of the end of 2005. Approvals exist for a substantial number of townhouse and apartment units that are likely to be constructed in the latter stages of the Community's development. In the Westlane Community there are 248 lots remaining. Small lot singles represent 46% of the this supply and medium lot singles represent 25% of the supply. Large size lots, those being over 18m in frontage comprise 14% of the supply. PLANNING DEVELOPMENT DEPARTMENT Single <15m Single 1548m Single >18m Townhouse Range of Housing Range of Housing Apartment The Stamford Community continues to exhibit a large supply of future apartment and townhouse development that has amassed through the years. This potential represents 228 unbuilt units. The supply of subdivision lots in the Community is generally limited to those within older plans and within the subdivisions of The Neighbourhoods of St.David's and Calaguiro Estates Phase 1 and 2. The large frontage singles are predominately in the Calaguiro Estates. Draft plans of subdivision represent an important element when considering the range of housing types and lot sizes available. A balance in the types of housing can be maintained as new subdivisions are approved. Shortfalls and over supplied types can be altered depending upon need. Niagara,Falls CANADA The housing mix contained within draft approved plans of subdivision at the end of 2005 is depicted in Figure 2. Draft approval was granted to one plan during 2005 which added 26 potential units to the supply. This plan consisted of townhouses in the Neighbourhoods of St. Davids development. Figure 2 shows 54% of the approved housing mix will be for townhouses. This figure includes both apartments and townhouses. 2005 year end figures also evidence the withdrawal of Chippawa West Phase II (216 units) subdivision. Figure 2: Draft Approved Plans of Subdivision Housing Mix Year End 2005 Single <15m 19.8% Single 15.18m 8.0% Multiples f 54.4% Shale >18m 8.7% CONCLUSION Semi 9.1% Considering all aspects of housing mix, Niagara Falls is providing a suitable range of housing types and lot sizes throughout the municipality. Council's actions in the review and approval of proposed development can assist in maintaining an appropriate range of available housing options. SA HOUSING Planning Community Map Range of Housing 1. LAND SUPPLY 2. RESIDENTIAL BUILDING TRENDS 3. RANGE OF HOUSING 4. VACANCY RATES INTRODUCTION VACANCY RATES 2005 HOUSING MONITORING REPORT Nia ra aFalls Vacancy Rates CANADA This report is one of a four part series that will make up the 2005 Housing Monitoring Report. It provides a profile on vacancy rates in the City of Niagara Falls as of December 31, 2005. Together, this series of reports serves as a reference for developers and the public and responds to the housing requirements of the Provincial Policy Statement. A healthy rental market, where landlords can realize a return on their investment and tenants have a good selection of units, is generally accepted to have a vacancy rate of 3 Overall, in 2005 there were 93 units vacant out of 3404 in all of the City, according to the CMHC survey. This translates to a vacancy rate for all units of 2.7% which is a decrease from 2004's figure of 3.7 PLANNING DEVELOPMENT DEPARTMENT APRIL 2006 This indicates that 27 of 1000 units in the survey were vacant and ready for occupancy. In the area referred to as the `Core' of Niagara Falls by CMHC (figure 1) the vacancy rate decreased from 4.6% in 2004 to 2.9% in 2005. Outside of the Core, the remainder of the City experienced a slight increase in vacancy rate of .1% (from 2.4 to 2.5 The drop in vacancy rate may be partly attributed to the new Fallsview Casino. Many newly employed casino workers have come from other parts of the province and haven chosen the rental market to meet their current housing needs. Rental Market Survey Zone Map for Niagara Falls c.. F tam. .yi,. X...,. w�`. Niagara,Falls Vacancy Rates continued Vacancy rates are tabulated above for the different types of rental accommodation for the City. Vacancy rates decreased in the Core for 2 bedroom and 1 bedroom apartments with the vacancy rates for one bedroom units decreasing the greatest from 6.9% in 2004 to 3.2 in 2005. In the core of the City there were 22 vacant 1 bedroom units out of 692. There were only 10 vacant 1 bedroom units out of 321 for the balance of the City. For 2 bedroom apartments there were 35 vacant units out of 1268 in the core and 21 vacant units out of 948 in the balance of City. Overall, the City had an average rental increase for all types of units of 3.2 The survey showed that vacancy rates decreased more, overall, (from 6.5% to 2.0 for 3 bedroom and larger units, than all other bedroom types and that the rental rates for these type of units increased the most (4.2% increase). PLANNING DEVELOPMENT DEPARTMENT VACANCY RATES CONCLUSION Vacancy Rates CMHC forecasts rental demand to strengthen slightly into 2006. Vacancy rates will be lowered by stronger youth employment, strong migration and empty-nest, retiree population growth. The move to home ownership will continue in 2006, but a slower pace is expected. Youth employment will remain strong in the Niagara Region in 2006. With little new supply of rental accommodation, it is expected the rental market will remain fairly tight in 2006. Stronger demand is forecast by CMHC to push vacancy rates for apartments lower to 2.4 per cent next year. CHMC also expects the average monthly rent for two bedroom apartments to reach the benchmark of $752 in 2006. Vacant Occupied TOTAL Vacancy Rates 1 Bedroom Core 22 670 692 3.2% Remainder 10 311 321 3.1% 2 Bedroom Core 35 1233 1268 2.8% Remainder 21 927 948 2.2% 3 Bedroom Core n/a n/a n/a n/a Remainder 4 145 149 1.9% Niagara,Falls Vacancy Rates continued Vacancy rates are tabulated above for the different types of rental accommodation for the City. Vacancy rates decreased in the Core for 2 bedroom and 1 bedroom apartments with the vacancy rates for one bedroom units decreasing the greatest from 6.9% in 2004 to 3.2 in 2005. In the core of the City there were 22 vacant 1 bedroom units out of 692. There were only 10 vacant 1 bedroom units out of 321 for the balance of the City. For 2 bedroom apartments there were 35 vacant units out of 1268 in the core and 21 vacant units out of 948 in the balance of City. Overall, the City had an average rental increase for all types of units of 3.2 The survey showed that vacancy rates decreased more, overall, (from 6.5% to 2.0 for 3 bedroom and larger units, than all other bedroom types and that the rental rates for these type of units increased the most (4.2% increase). PLANNING DEVELOPMENT DEPARTMENT VACANCY RATES CONCLUSION Vacancy Rates CMHC forecasts rental demand to strengthen slightly into 2006. Vacancy rates will be lowered by stronger youth employment, strong migration and empty-nest, retiree population growth. The move to home ownership will continue in 2006, but a slower pace is expected. Youth employment will remain strong in the Niagara Region in 2006. With little new supply of rental accommodation, it is expected the rental market will remain fairly tight in 2006. Stronger demand is forecast by CMHC to push vacancy rates for apartments lower to 2.4 per cent next year. CHMC also expects the average monthly rent for two bedroom apartments to reach the benchmark of $752 in 2006. The City of ////////jjjjjj Niagara Falls ,ji Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca June 12, 2006 Re: PD- 2006 -49, Matters Arising from the Municipal Heritage Committee Meeting of May 24, 2006 It is recommended that City Council: PD- 2006 -49 Doug Darbyson Director 1) approve a designated property grant for two- thirds of the eligible costs (to a maximum of $3,000.00) to restore and repair the iron fence and stone wall surrounding the property located at 2922 St. Paul Avenue, as outlined in this report; 2) approve the restoration of the windows, shutters and French doors on the property located at 2922 St. Paul Avenue, as outlined in this report; and 3) approve the proposed fence to be erected around the Battle Ground Hotel Museum, as outlined in this report. The Municipal Heritage Committee held its regular meeting on May 24, 2006. Three matters require Council's consideration. 1. Designated Property Grant 2922 St. Paul Avenue An application for a grant to repair and restore the iron fence and stone wall at the Oswald House was received from the owners, Steven Bailey and David Fotheringham. The fence and stone wall are located on two sides of the property and is one of the designated features listed in the designating By -law. The estimated cost to complete the work is $12,500.00 plus taxes, therefore, the project would qualify for the maximum grant of $3, 000.00. The Committee was satisfied the work proposal from Jon Jouppien was satisfactory and recommends that Council approve the grant subject to the terms of the Grant Guidelines. The following motion was adopted: "THAT the Committee supports the approval of the Designated Property Grant application as submitted for the restoration of the iron fence and stone wall at the Oswald House, 2922 St. Paul Avenue as it is a designated heritage feature of the property." Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 12, 2006 2 PD- 2006 -49 2. Approval of the Restoration of Windows, Shutters and French doors, 2922 St. Paul Avenue The Municipal Heritage Committee received a request from the owners of the property to restore and/or repair the windows, shutters and French doors which are designated features of the house. The following motion was adopted: "THAT the Municipal Heritage Committee recommends approval of the proposal as presented by Jim Alexander of Third Dimension Contractors, for the restoration of the windows, shutters and French doors on the Oswald House located at 2922 St. Paul Avenue as the proposed work is consistent with preservation guidelines and is not considered to affect the reasons for designation." 3. Approval of the Proposed Fence to be Erected around Battle Ground Hotel, 6151 Lundy's Lane The Municipal Heritage Committee received a request from the Museum Board to erect a fence around the designated portion of the lands surrounding the Battle Ground Hotel Museum. After some discussion as to the type and Location of the fence, the Committee supported drawings prepared by Jamie Douglas of Parks, Recreation and Culture which proposed the fence dimensions to be: 3 foot high pickets, each picket 1" x 3" on 1 'h" x 3 'h" rails. The following motion was adopted: "THAT the Committee supports the Museum Board's proposal to construct a wood picket style fence around the Battle Ground Hotel as per the drawing provided by Jamie Douglas dated April 28, 2006" CONCLUSION: The Committee is seeking the concurrence of City Council on these matters. Prepared by: Approved by: il Peggy Boyle T. Raven Assistant Planner Executive Director of Corporate Services Recommended by: Respectfully s bmitted: Doug Darbyson Director of Planning Development PB:gd Attach. S:\PDR\2006'PD2006 -49, Matters Arising from MHC.wpd 6 0 rJohn MacDonald Chief Administrative Officer The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: 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 June 12, 2006 Re: PD- 2006 -50, Request for Removal of Part Lot Control Portions of Lots 33 34, Registered Plan 108 6848/6856 Cropp Street Agent: Brian Sinclair Professional Corporation PD-2006-50 Doug Darbyson Director 1) Council approve the request and pass the by -law included in tonight's agenda to designate portions of Lots 33 34, Registered Plan 108, described as Parts 1 2, Reference Plan 59R- 13079, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds have been registered. BACKGROUND: In a letter dated May 9, 2006, the applicant's solicitor submitted a request to remove this property on the south side of Cropp Street, east of Dorchester Road, from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. Construction of the semi detached dwelling on the subject land was initiated in May 2005 and separate connections for water services, sanitary and storm sewer laterals were provided for each unit. The attached Reference Plan 59R -13079 (Schedule 2) shows the configuration of the lot, building foundation and centreline of the common wall between the units. The land is appropriately zoned Residential Single Family and Two Family (R2) through Zoning By -law No. 79 -200 and the building setbacks satisfy the zoning provisions. Approval of a Part Lot Control by -law is required so that a property line can be created between the dwelling units to allow their sale with each unit having a separate deed. Working Together to Serve Our Community Clerks Finance Human Resources Intimation Systems Legal Planning Development June 12, 2006 PD- 2006 -50 CONCLUSION: The removal of Part Lot Control will permit the division of the lot to allow separate ownership of each semi detached unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda. Prepared by: Respectfully spbmitted: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: Tony Raven -YI Executive Director of Corporate Services RW:gd Attach. S:WDR\2006\PD2006 -50, Part Lot Control, 6848 Cropp St.wpd 6 John MacDonald U Chief Administrative Officer BRIAN SINCLAIR PROFESSIONAL CORPORATION May 9, 2006 City of Niagara Falls Clerk's Department 4310 Queen Street,P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Dean Iorfida Dear Sirs. BRIAN N. SINCLAIR, Q.C. BNS /Is Enclosures BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 Re: Marone purchase from Cote Cropp Street, Niagara Falls Part Lots 33 and 34, Plan 108 Stamford My File No.: S2071 -002 Thank you for your co- operation. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION RECEIVED MAY 10 2006 PLANNING DEVELOPMENT Enclosed please find copy of reference plan for property belonging to Antonio Marone, who lives at 4956 Dorchester Road, Niagara Falls, Ontario. Also find enclosed is cheque in the amount of $250.00 payable to the City of Niagara Falls. I would appreciate it if you would proceed with the by -law exemption in connection with the above matter. Removal of Part Lot Control Portions of Lots 33 34, Registered Plan 108 6848/6856 Cropp Street Subject Land K: M+ 1S_ aeque9M2006Wc hedSes\ PLC OUGV_Street.map SCHEDULE 1 Location Map CROPP ST 1 1 A KEIFFER ST W E Scale 1:NTS May 2006 SCHEDULE 2 .5� y 1 WW1 ••1 9 MMP1 re P •IOK LL 1/ 0 MC10. 'OH ISM 0•00 -I1rn ltd Is Mid I (•YTVl I' ON 'ISM UWo80 -4ICH lid 16y I 4123Vd i IVd 107 x001 Min, 64 8.0C.f1.10 x —x In i 1 z. R 1g,— i i o .0 Y.00.[I.IM ST L A Y Y .i.: 1 0 a J a CORNO "ON '1 1 40-1 00/ '•8 M'1 -18. AVMMI wend tams 'ON 'ISM 06611 23621 NVId 8; /}{J/���ac On W S1011V l N d}PPUN✓ PWU 87195111080C1 94£13 y Y 02 10M IfK 11d O n• 'Da'1!1✓QW 24£6 2362 NVId L 18Vd E S .0' 00 Niagara The City F of alls' Fs Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls Members: RECOMMENDATION: BACKGROUND: 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: 1. Rankin Construction 2. Norjohn Contracting 3. Steed and Evans Limited 4. Circle P. Paving 5. Hardrock Paving Company Ltd 6. Alfidome Construction Limited (905) 356-7521 (905) 356-2354 e d uj l ov i@ c i ty. n i a g a rata l l s. o n. ca June 12, 2006 Re: MW- 2006 -64 Contract 2006-167-06 Churchill Street Cul- de-Sac Improvements and Parking Lot Construction It is recommended that the unit prices submitted by the low tenderer, Rankin Construction Inc., be accepted. The Tender Opening Committee, in the presence of the Manager of Supply and Services, Mr. Ray Miller, opened tenders on Tuesday, May 23, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by nine (9) Contractors and six (6) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the six (6) Contractors. (St. Catharines) (Thorold) (Thorold) (Stevensville) (Port Colborne) (Niagara Falls) 216,113.00 225,291.61 227,959.40 231,697.94 250,382.70 255,646.50 Ed Dujlovic Director Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services MW- 2006 -64 June 12, 2006 2 MW- 2006 -64 The lowest tender was received from Rankin Construction Inc. in the amount of $216,113.00. 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 245,000.00 Project Costs: Awarded Contract (excluding GST) TOTAL Funding: 2006 Capital Budget Asphalt Overlay and Road Rehabilitation Program Account No. 12 -3- 310024 030000 128,814.95 Niagara Catholic District School Board 87,298.05 This project is scheduled to commence in July 2006 once school has been dismissed for the summer and all work is to be completed within 30 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Respectfullys}ibmitted: Frank Tassone Project Manager Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works 216,113.00 216,113.00 TOTAL 216,113.00 U John MacDonald Chief Administrative Officer The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department FS- 2006 -06 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) 356-6236 E -mail: pburke @city.niagarafalls.on.ca June 12, 2006 Re: FS- 2006 -06 Award of Tender for Renovation to Station 1 Patrick Burke Fire Chief That Council award tender #T04 -2006 for the renovations to Fire Station 1 to the low bidder M/2 Group Inc., Oakville, Ontario for the tender amount of $145,377.7, GST included. In consultation with City staff, the Fire Chief and firefighters, plans to renovate Morrison Street Fire Station have been prepared by Raimondo Associates Architects Inc., Niagara Falls, Ontario. Morrison Street Fire Hall was built in 1967. Since that time, some improvements have been made to meet the demands of a changing community and changing legislative requirements. The Communications Division and Staff Room Area was first expanded in the early 1980's. In 1992, an additional building was built to meet the requirements for Fire Prevention and Administration staff. In 2004, the kitchen and staff eating areas were renovated to meet the needs of additional staff. With the addition in 2005, we increased the living space and modernized the 1969 facility. We were able to provide for proper firefighter gear storage; washing facilities for contaminated gear; improved locker facilities; improved breathing apparatus supply and repair rooms; improved physical fitness area; increased storage areas; space for a small office for the Firefighters Association. We are now seeking to complete the renovation of the Training/Emergency Operations Center; improving the classroom space as well as the Training Division Offices; and improving disability accessibility. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Company Total Tendered Price M/2 Group, Oakville $145,377.77 Aldor Builders Ltd. $146,376.00 King Contractors of Niagara Ltd. $148,688.00 TAT Construction Ltd. $152,611.00 Bromac Construction Engineering Ltd. $152,903.00 Merit Contractors Niagara $154,829.00 Serianni Construction Ltd. $165,850.00 Draftcon Construction Ltd., Niagara Falls No Bid Peninsula Maintenance Ltd., NOTL No Bid June 12, 2006 Tender results for #T04 -2006 were as follows: FINANCING: Funding for the project will come from the 2006 Capital Budget for this renovation. Prepared by: Colin Ruddell Assistant Chief Patrick Fire Chief ended by: ur e 2 Respectfully submitted: John MacDonald Chief Administrative Officer FS- 2006 -06 A by -law to authorize the execution ofa Condominium Agreement with Mountainview Construction Inc., being Part 1 on Reference Plan 59R- 13029. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Condominium Agreement dated the 2n day of June, 2006, between Mountainview Construction Inc. and The Corporation of the City of Niagara Falls with respect to the lands described as Block C, Plan 244 and Part Lot 147, Township of Stamford being Part 1, 59R- 13029; in the City of Niagara Falls, in the Regional Municipality of Niagara subject to the terms and conditions as set out in the Condominium Agreement, attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Condominium Agreement, and such other agreements and documents which the City Solicitor deems necessary or desirable to carry out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the Condominium Agreement. Passed this twelfth day of June, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2006. June 12, 2006. June 12, 2006. CITY OF NIAGARA FALLS By -law No. 2006 THIS AGREEMENT made this 2"" day of June, 2006. BETWEEN: MOUNTAINVIEW CONSTRUCTION INC. Hereinafter called the "Owner and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City Schedule page 2 of the FIRST PART of the SECOND PART WHEREAS the Owner received draft plan approval for a phased development of 37 -unit apartment development on June 1, 2006 from The Corporation of the City of Niagara Falls under section 51 of the Planning Act, R.S.O. 1990, c. P. 13, and under section 9 of the Condominium Act, 1998, S. O. 1998, c. 19 with respect to the lands described in Schedule "A AND WHEREAS in accordance with the conditions imposed by the City, the Owner is required to enter into this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City recommending the final approval of the said plan and the mutual covenants and other good and valuable consideration, the Owner and the City hereby covenant and agree with each other as follows: LANDS AFFECTED 1. The lands affected are all those described in Schedule "A" attached hereto (herein referred to as "the subject lands TAXES 2. The Owner shall pay to the Treasurer of the City, on or before the execution of this agreement by the City, all arrears of taxes (if any) including local improvement rates owing in respect of the lands and the buildings situate thereon. EXPANSION AND RENEWAL FEES/DEVELOPMENT CHARGES 3. The Owner has paid to the City all required fees and deposits associated with the development of the lands. PARKLAND DEDICATION SITE PLAN AND ZONING WASTE COLLECTION Schedule page 3 4. All requirements for parkland dedication were previously satisfied through the development of Registered Plan No. 244 (March 31, 1969). 5. The land is subject to a Site Plan Agreement registered on title as Instrument Number SN107824, on January 26, 2006 and the Owner will comply with all the provision of the Site Plan Agreement and Zoning By -law No. 79 -200. 6. The Owner agrees that waste collection will be provided by a private contractor arranged by the owner of the Condominium Corporation. TERMS AND CONDITIONS 7. The Owner and the City acknowledge and agree that it is their intent that all the terms and conditions contained in this Agreement shall be bind upon the Owner, its successors, assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agreement and any part of parts thereof and enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said lands described in Schedule "A". IN WITNESS WILEREOF the Owner and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. MOUNTAINVIEW CONSTRUCTION INC. Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk Schedule page 4 SCHEDULE "A" Schedule page 5 to an Agreement dated the 2' day of June, 2006 between MOUNTAINVIEW CONSTRUCTION INC., of the First Part and THE CORPORATION OF THE CITY OF NIAGARA FALLS, of the Second Part Block C, Plan 244 and Part Lot 147, Township of Stamford being Part 1, 59R- 13029; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64358- 0148(LT). CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of an Agreement with Colleen Gallen, Ring Niagara respecting the use of the Niagara Falls Memorial Arena for a boxing match. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated May 10, 2006 and made between Colleen Gallen, Ring Niagara as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for a boxing match to be held on July 20, 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 twelfth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2006 June 12, 2006 June 12, 2006 THIS AGREEMENT made this 10th day of May, 2006. BETWEEN: Colleen Gallen, Ring Niagara Hereinafter called the "Licensee of the FIRST PART; and 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 Boxing Match. AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: Term of the Avreement: The City hereby grants to the Licensee a licence to use the Arena for the purpose of a Boxing Match on the following date: Thursday, July 20, 2006 A S.O.P. application must be submitted by Licensee and approved. Once approved, Licensee must obtain Liquor Liability Insurance and must be submitted prior to event, or S.O.P. permit will not be approved. Payment: 2. The Licensee agrees to pay to the City a rental fee of 3,000.00 (G.S.T. included): 3. The Licensee shall submit a non refundable deposit of $500.00 on the execution of this agreement, which deposit shall be credited toward the rental fee. 4. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. Event Tickets: 5. The Licensee shall have complete control of the printing of all Event tickets. 6. The Licensee agrees to pay for the costs incurred by the City for the printing of the Event tickets. 7. The Licensee shall have complete control of the sales and revenue from the Event tickets, unless the Licensee gives the City written notice, on the execution of this agreement, that the Licensee desires the City to sell the Event tickets. 8. In the circumstances where the City has complete control of the sale and revenue of the Event tickets, the City shall not be required to account to the Licensee for the proceeds of such Event ticket sales, until after the conclusion of the Event. Distribution of Event Ticket Proceeds: (If City has control of ticket sales) 9. The City shall distribute the proceeds and revenue from the Event tickets to the Licensee on the July 24, 2006 and the City shall be entitled to deduct the following from the proceeds and revenue of the Event ticket sales before distributing the aforementioned proceeds and revenue: (a) all rental fees as set out in clause 2 to this agreement; (b) all taxes, licence fees, union fees, and other fees that are charged to the City and payable by the Licensee in accordance with clause 4 of this agreement and that may be set out in the Schedules, entitled "Expenses;" (c) all additional costs to be paid by the Licensee as set out in the Box Office Statement or other similar invoice from the City to the Licensee; and (d) any other expenses related to this agreement that are not provided for in the above list, but are required by this agreement to be paid by the Licensee. Complimentary Tickets: 10. The Licensee agrees to reserve for the City 15 complimentary tickets for the Event. Facilities. Equipment and Personnel: 11. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: All Changerooms Press Boxes (except Private Box) Blueline Room Box Office First Aid Room (b) Equipment: 300 Stacking Chairs 30 Tables Security Gates Barricades (c) Personnel: Arena Staff to Set Up Tables Chairs Arena Staff on Duty Security Door Staff P.A. Technician during Event Supervisory Staff *Police Personnel on Duty *NOTE: Invoice for Police Personnel not included in contract and Licensee will be charged for this amount. Cleaning and Heating of the Arena: 12. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 13. 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: 14. 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. 15. 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: 16. 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: 17. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena at the conclusion of the Event as required by 2:00 a.m. on July 21, 2006. 18. 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. 19. 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: 20. Licensee agrees to negotiate with City of Niagara Falls Concession rights. Advertising the Event: 21. The Licensee shall, at it's 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: 22. 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. 23. 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. 24. 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. 25. 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: 26. 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. 27. The Licensee shall only use advertising signs and other similar materials used to promote the Even beyond the Arena that have been approved by the City. 28. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 29. 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: 30. 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 tern 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: 31. The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 32. 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, 33. The Licensee shall fumish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 34. 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: 35. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non Assignability: 36. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 37. 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: 38. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. Attention: Licensee: Buddy Lowe, Superintendent of Recreation Facilities, Arenas 905- 358 -3808 905 354 -9119 Fax Email: blowe @nlagarafalls.ca Colleen Gallen 7610 Watson Street Niagara Falls, Ontario L2H 1E2 905 354 -7918 905 -354 -0565 Fax Email: nfbclub @cogeco.ca 39. Any such noti 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. 40. 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: 41. 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. Comnliance with the Law: 42. 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: 43. 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, c.O.1, as amended. 44. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, 0.O.1, as amended. 45. 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: 46. The Licensee shall pay all assessments for their workers, 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: 47. This agreement shall be construed in accordance with the laws of the Province of Ontario. Whole Agreement: 48. 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: Colleen Gallen Title: Name: Title: I have the authority to bind the Corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Title: Mayor Name: Title: Clerk NOTE: Licencee must be completely moved out of Facility with all equipment by 2:00 a.m. July 21, 2006. Hours of Use: Date: Thursday, July 20, 2006 7:00 a.m. 5:00 p.m. Promotor to use Facility for Set -Up. 5:00 p.m. 7:00 p.m. Check out all Event Personnel and Sound Checks. 7:00 p.m. Doors Open c: \speceven\agree \gallenboxing.wpd -10- Schedule 1 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 "D4" and Schedule "D4" attached hereto shall be inserted in lieu thereof. Passed this twelfth day of June, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2006 June 12, 2006 June 12, 2006 SCHEDULE "D4" HOCO LIMITED 1. Parking By -law Enforcement Officers on private property: Keith Bennett Tyler Berketa Mike Bourdon Dan Carter Ryan Fulton David Hindman Stan Leggett Jason McKnight Mike McLellan Dean Murray Mike Rogers Mike Van Maarren Jason White CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 1 on Reference Plan 59R -13095 as a public highway, to be known as and to form part of Caroll Avenue. 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 Part of Lot 170 Stamford, designated as Part 1 on Reference Plan 59R- 13095, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 1 on Reference Plan 59R -13095 that is hereby established as a public highway, be known as and form part of Caroll Avenue. Passed this twelfth day of June, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2006. June 12, 2006. June 12, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A By -Law to continue By -law 2001 -31 of the Corporation of the City of Niagara Falls WHEREAS under the Municipal Act, 2001 and its' predecessor, licensing by -laws have an expiry date of five years; and WHEREAS by -law 2001 -31 of the Corporation of the City of Niagara Falls may have expired by operation of law; and WHEREAS by virtue of the approval of report CD- 2006 -06, the Council of the Corporation of the City of Niagara Falls has directed staff to draft a new licensing by -law; and WHEREAS the Council of the Corporation of the city of Niagara Falls has determined that it is not in the public interest for the licensing scheme created by By-law 2001-31 to expire without appropriate public input; and WHEREAS the Council of The Corporation of the City of Niagara Falls has received no requests for any amendments to, deletions from or alterations of any kind to By -law 2001- 31; and WHEREAS the Council of the Corporation of the City of Niagara Falls intends to begin the process of public consultation to consider revisions to By -law 2001- 31 in the near future. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law 2001 -31 is hereby re- enacted unchanged as to form and content. 2. By -law 2001 -31 is hereby declared to be and to always have been in force and effect without interruption since January 29, 2001. 3. This by -law will expire on January 29, 2007. Passed this twelfth day of June, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June12, 2006. June 12, 2006. June 12, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to designate portions of Lots 33 and 34, Registered Plan 108, described as Parts 1 and 2 on Reference Plan 59R- 13079, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part -lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the owner of the said land wishes to create a property line between the existing semi detached units in order to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to those portions of Lots 33 and 34, Registered Plan 108, described as Parts 1 and 2 on Reference Plan 59R- 13079, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twelfth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2006 June 12, 2006 June 12,2006 Passed this twelfth day of June, 2006. First Reading: Second Reading: Third Reading: June 12, 2006 June 12, 2006 June 12, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Section 37 Agreement with 1397878 Ontario Limited and 1251435 Ontario Limited pursuant to Section 37 of the Planning Act respecting the provision of certain facilities and services and matters by 1397878 Ontario Limited and 1251435 Ontario Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a hotel to a maximum building height of 27 metres and 7 storeys on lands owned by 1397878 Ontario Limited and 1251435 Ontario Limited and located on Victoria Avenue, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Section 37 Agreement dated the 29 day of May, 2006 and made between 1397878 Ontario Limited and 1251435 Ontario Limited as Owner and The Corporation of the City of Niagara Falls as Municipality, respecting the provision of certain facilities and services and matters by 1397878 Ontario Limited and 1251435 Ontario Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a hotel to a maximum building height of 27 metres and 7 storeys on lands owned by 1397878 Ontario Limited and 1251435 Ontario Limited and located on Victoria Avenue, in the City of Niagara Falls as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Section 37 Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Section 37 Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SECTION 37 AGREEMENT THIS AGREEMENT made this 29' day of May, 2006. BETWEEN: 1397878 ONTARIO LIMITED 1251435 ONTARIO LIMITED (hereinafter called the "Owner and THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Municipality") WHEREAS the Owner is the registered owner of lands in the City of Niagara Falls which are more particularly described in the attached Schedule "A" (the "Site AND WHEREAS the Owner has applied to the Municipality to amend By -law No. 79 -200 seeking permission to increase height otherwise permitted to allow the development of a hotel to a maximum building height of 27 metres and 7 storeys as measured from the average grade level of Victoria Avenue which shall include a roof feature having a height not less 6 metres above the top storey, the roof feature being a distinct architectural element of the building that shall not contain a place of occupancy; AND WHEREAS section 37 of the Planning Act, R.S.O. 1990, c.P.13 as amended (the "Planning Act permits the Council of the Municipality to pass a zoning by -law to authorize increases in the height and density of development otherwise permitted by the by -law in return for the provision of such facilities, services or matters as are set out in the by -law. AND WHEREAS a by -law under subsection 37(1) of the Planning Act may not be enacted unless there is an official plan in effect in the Municipality that contains provisions relating to the authorization of increases in height and density of development; AND WHEREAS the Official Plan for the Municipality contains provisions relating to the authorization of an increase in the height of development above four storeys; AND WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the Municipality may require the owner to enter into an agreement with the Municipality dealing with the facilities, services and matters; AND WHEREAS the Owner has elected to provide certain facilities, services and matters in retum for an increase in height as set forth in the proposed zoning by -law amendment attached hereto as Schedule `B and to enter into an agreement dealing with said facilities, services and matters; 1 NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, and for other valuable consideration, the Owner and the Municipality agree to and with each other as follows: 1. DEFINITIONS AND RECITALS 1.1 For the purposes of this Agreement, the term: (1) "Amending By -law" means the zoning by -law amendment substantially in the form attached hereto as Schedule `B (2) "Architectural Design" means all aspects of the configuration, appearance and performance of the development, including, without limiting the generality of the foregoing, surface articulation, podium design, exterior materials, roof feature, pedestrian-scale uses, design of the public realm, and pedestrian circulation; "Building Permit" means a permit, issued pursuant to section 8 of the Building Code Act, 1992, S.O. 1992, c.23, as amended or re- enacted from time to time, to construct the Development or a portion thereof.; (4) "Chief Building Official" means the Chief Building Official for the Municipality and shall include his or her delegates; (5) "Council" means the Council of the Municipality; (6) "Date of Final Approval of the Amending By -law" means the first day upon which all of the provisions of the Amending By -law has come into force in accordance with section 5.2 of this Agreement; "Development" means the construction of and improvements to and on the site that is the subject of the Amending By -law, consisting of a hotel; (8) "Director of Finance" means the Director of Finance of the Municipality and shall include his or her delegates; (3) (9) "Director of Municipal Works" means the Director of Municipal Works of the Municipality and shall include his or her delegates; (10) "Director of Planning and Development" means the Director of Planning and Development of the Municipality and shall include his or her delegates; (11) "Final Confirmation Date" has the meaning ascribed to it in section 5.1 of this Agreement; (12) "Parties" means the Owner and the Municipality; (13) "Party" means any one of the Owner or the Municipality; 2 (14) "Public Benefit" means the Streetscape Improvements and the Architectural Design; (15) "Site" means the lands described in Schedule "A" hereto; (16) "Site Plan" any plan approved by Council or its delegate pursuant to the Planning Act R.S.O. 1990 C. P.13 in connection with the development; (17) "Streetscape Improvements" means those improvements to the Streetscape along those boundaries of the Owner's property which are described in Schedule "D" hereto; (18) "Streetscape Improvements Contribution" means a payment in Canadian dollars of the Streetscape Improvements calculated in accordance with section 2.1 of this Agreement; (19) "Streetscape Security" means a Letter or Letters of Credit in a form acceptable to the City Solicitor provided to the city to secure the construction of the Streetscape Improvements by the Developer; (20) "Unwinding Date" has the meaning ascribed to it in section 5.5 of this Agreement. 1.2 The Parties confirm and agree that the recitals are true, accurate and form a part of this agreement. 2. STREETSCAPE IMPROVEMENTS 2.1 The Owner agrees to complete the Streetscape Improvements or in lieu thereof pay to the Municipality the Streetscape Improvements Contribution which shall be used by the Municipality to design and construct the Streetscape Improvements along the Owner's property boundary in accordance with the provisions of Schedule "D" to this Agreement to the satisfaction of the Director of Planning and Development and Director of Municipal Works. The Parties acknowledge and agree that the Streetscape Improvements or Streetscape Improvements Contribution are a Public Benefit associated with the authorization of an increase in height of the Development above four storeys up to and including the 7 storey. 2.2 The Streetscape Improvements Contribution shall be calculated in accordance with the following formula: S= $945.90xL where S is the Streetscape Improvements Contribution; and 3 L is the lineal frontage of the site on Victoria Avenue expressed in metres; In the event that a building permit authorizing the development has not been issued on or before the ls' day of January 2007, the Streetscape Improvement Contribution shall be adjusted annually in accordance with the Statistics Canada Quarterly, Infrastructure Construction Price Index, until such time as a Building Permit is issued for the Development. 2.3 In the event that the owner elects to construct the Streetscape Improvements the Owner shall provide the Streetscape Security in substantially the form set out in Schedule "C 2.4 The Owner shall pay the Streetscape Improvement Contribution or provide the Streetscape Security to the City prior to the proposed by -law being presented to Council. 2.5 In the event that the Owner fails to complete the Streetscape Improvements the Municipality shall, upon giving 30 days notice to the Owner, cash the Streetscape Security and apply the resulting funds to: a) complete the Streetscape Improvements to the satisfaction of the Director of Planning and Development and Director of Municipal Works; and b) pay any contractor who is retained to design, construct, and install the Streetscape Improvements. 2.6 In the event that the Municipality exercises the rights set out in sub paragraph 2.5 of this agreement and the cost to the Municipality of completing the Streetscape Improvements exceeds the value of the Streetscape Security, the Municipality may, in addition to any other remedies available to it, apply the difference between the cost to the Municipality to the tax roll entry for the Site to be collected in the same manner as municipal taxes. 2.7 In the event that the Municipality exercises the rights set out in sub paragraph 2.5 of this agreement and the cost to the Municipality of completing the Streetscape Improvements is less than the value of the Streetscape Security, the Municipality will refund the difference to the Owner. 2.8 At such time as the Municipality is satisfied that either full payment of the Streetscape Improvements Contribution has been made to the Municipality, or the Streetscape Improvements have been completed to the satisfaction of the Municipality, the Municipality shall release any Streetscape Security. 2.9 Any payment tendered by the Owner pursuant to this Agreement other than the posting of the Streetscape Security shall be in cash, bank draft or certified cheque, and shall be delivered to the Director of Finance. 4 3.0 The Municipality does hereby consent and agree that in the event the Owner, pursuant to Section 2.1 hereof has made the Streetscape Improvements Contribution directly to the City and has elected not to complete the Streetscape Improvements itself, the Municipality will, within a period of two (2) years from the date of said payment or the completion of the development whichever event shall last occur, complete the Streetscape Improvements described in Schedule "D" hereto. 3. CONSENT TO AMENDING BY -LAW 3.1 The Owner consents to the enactment of the Amending By -law. 3.2 The Owner consents to the repeal of the Amending By -law by Council in the event that the Owner is in default of its obligations under this Agreement and the Owner has failed or refused to correct such default within ninety (90) days of notice of such default being given by the Municipality, and the Owner further covenants and agrees not to appeal, object or otherwise challenge the repealing of the Amending By -law. 3.3 The Municipality agrees that it shall not repeal the Amending By -law pursuant to Section 3.2 if the alleged default is the subject of an arbitration that has been commenced by notice properly given under Section 14 of this Agreement. If, following the final disposition of the arbitration mentioned in Section 3.2, the Owner is in default, Section 3.2 thereafter applies. 4. ARCHITECTURAL DESIGN 4.1 All aspects of the Architectural Design shall be generally in accordance with the Architectural Design of the Development approved by Council on the 3r day of April, 2006 and shall be to the satisfaction of the Director of Planning and Development acting reasonably. The Architectural Design shall be submitted before finalization and execution of the site plan agreement applicable to the Development. 4.2 The Parties acknowledge and agree that the Architectural Design is a Public Benefit associated with the authorization of an increase in height of the Development above 4 storeys. 5. COMPLETION AND UNWINDING 5.1 The "Final Confirmation Date" shall be the second day (not including Saturdays, Sundays or holidays) following the later of: (a) the Date of Final Approval of the Amending By -law as defined in section 5.2; and (b) such other date as may be agreed to by the Parties, provided that the occurrence of the Final Confirmation Date shall be expressly conditional 5 5.2 The "Date of Final Approval of the Amending By -law" shall be the first day upon which all provisions of the Amending By -law have come into force, and (a) all applicable appeal periods have expired and no appeals have been made to the Ontario Municipal Board and no Applications to Court have been commenced; or (b) 5.3 On the Final Confirmation Date, the Municipality and/or the Owner shall give written notice to the other Party that the Final Confirmation Date has occurred. 5.4 For the purposes of this Agreement, the term: (I) upon the Amending By -law being approved and in force on the Final Confirmation Date. any and all appeals to the Ontario Municipal Board and any and all Applications to Court have been finally disposed of in favour of the Amending By -law, such that a Bu ilding Permit(s) could be issued by the Municipality's Chief Building Official to permit the Development contemplated by the Amending By -law provided that there were no other reasons to warrant a refusal to issue the Building Permit(s). "Application to Court" means an application for leave to appeal, an appeal, an application for judicial review, an application to quash pursuant to the Municipal Act, 2001, and an appeal from a Decision or Order in respect of any of these applications that is made to a Court. (2) "Final Disposition" means any of the following events: (a) the entry of an Order of the Ontario Municipal Board that finally disposes of the Amending By -law by rejecting the Amending By- law or results in certain amendments to the Amending By -law; the entry of an Order of the Ontario Municipal Board, that rejects the Amending By -law or results in certain amendments to the Amending By -law; or (b) (c) the entry of an Order of the Court that finally disposes of an Application to Court by rejecting the Amending By -law or results in certain amendments to the Amending By -law. 5.5 (1) The date of the unwinding of this Agreement (the "Unwinding Date should it occur, will be the earlier of: (a) the date of the Final Disposition of the Amending By -law if the Final Disposition rejects the Amending By -law; and 6 (5) (b) the date of the expiry of a sixty (60) day period specified in a Notice of Termination which is given pursuant to subsections 5.5(2), 5.5(3) or 5.5(4) of this Agreement. (2) If a Final Disposition of the Amending By -law results in the Amending By -law coming into force with modifications or amendments, then within thirty (30) days of the Final Disposition, either Party may give to the other Party sixty (60) days written notice terminating this Agreement (the "Notice of Termination Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period specified in the Notice of Termination. If a Notice of Termination is not given in accordance with this subsection, the modifications or amendment(s) to the Amending By -law shall be deemed to be a "Permitted Amendment(s)" for the purposes of this Agreement. If, as a result of being required to do so by the Final Disposition of the Amending By -law, Council passes or adopts a modification(s) or amendment(s) to the Amending By -law which is not one of the Permitted Amendments, then, within thirty (30) days from the date of passage of said modification(s) or amendment(s) the Municipality shall give notice to the Owner of the passing or adoption of such modification(s) or amendment(s). Within sixty (60) days' written Notice of Termination may be given by either Party to the other Party. After Council passes or adopts said modifications or amendments, the Municipality shall give notice thereof to the Owner forthwith. Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period specified in the Notice of Termination. If a Notice of Termination is not given in accordance with this subsection, the modification(s) or amendment(s) shall be deemed to be a Permitted Amendment for the purposes of this Agreement. (4) If the Final Confirmation Date has not occurred on or before two years from the date of that Council passes a by -law in the form set out in Schedule `B then written Notice of Termination may be given by either Party to the other Party. Unless on or prior to the expiry of sixty (60) days after the date on which the Notice of Termination was given, either the Date of Final Approval of the Amending By -law occurs, or the Parties hereto agree otherwise in writing, the Unwinding Date shall occur on the expiry of the sixty (60) day period. On or after the Unwinding Date, the Owner, at its expense, may expunge registration of this Agreement by appropriate means according to the requirements of the registry or land titles system pertaining to the Site and, in this respect, the Municipality shall, at the Owner's expense, cooperate with all reasonable requests by the Owner, including the execution of releases in a form suitable for registration. (3) (6) The Owner acknowledges and agrees that, without fettering Council in the exercise of its discretionary powers, Council may, on or after the 7 (7) 6. INTENTION OF PARTIES Unwinding Date, repeal the Amending By -law with the object of restoring the zoning by -law provisions applicable to the Site to the state they were in on the day immediately prior to the date of the passing of the Amending By law. The Owner further agrees that it will not challenge or object to the passing, approval or coming into force of any such rescinding by- law(s). On the Unwinding Date, the Director of Finance shall return to the Owner any cash payment deposited by the Owner with the Municipality in accordance with this Agreement, as well as any interest or investment income that has been generated by the cash payment received by the Municipality. 6.1 The provisions of this Agreement are not intended to operate, nor shall have the effect of operating, to in any way fetter the Council that authorized the execution of this Agreement or any of its successors in the exercise of any of Council's discretionary powers. Without limiting the generality of the foregoing, such discretionary powers include the power to pass, amend or repeal by -laws; to adopt, amend or rescind official plan amendments; and to approve or withhold approval to permit any demolition, relocation, construction or alteration of any building. 7. JURISDICTION AND SEVERABILITY 7.1 The Parties acknowledge that this Agreement is entered into pursuant to subsection 37(3) of the Planning Act. If a Court of competent jurisdiction, on an application by a party other then the parties hereto, determines that this Agreement is illegal or beyond the power and jurisdiction of the Municipality and if the Owner has not, acting in good faith, commenced the construction of the Development, the Owner agrees that the Amending By -law may be repealed by the Municipality and the Owner further agrees not to oppose, or cause to be opposed, the repeal thereof. 7.2 If a Court of competent jurisdiction determines that any individual provision of this Agreement is illegal or beyond the jurisdiction, power or capacity of any Party bound by this Agreement, the provision shall be severed from this Agreement if both Parties agree, and the remainder of the Agreement shall continue in full force and effect, mutatis mutandis. In such case, the Parties agree to negotiate in good faith to make any amendments to this Agreement that are, as a result, necessary to implement the intentions of this Agreement. If the Parties cannot agree that such provision or provisions shall be severed, or if negotiations to amend the Agreement are not successful, the Parties hereto agree that the same shall be settled by Arbitration in accordance with the provisions of Article 14 hereof. 7.3 The Parties acknowledge and agree that each is satisfied as to the jurisdiction of the Municipality to pass the Amending By -law. Furthermore, each Party is et 8 8. ENUREMENT satisfied as to the jurisdiction, power and capacity of the other to enter into this Agreement. The Parties therefore agree that they shall not challenge the jurisdiction, power and capacity of the other Party to enter into this Agreement, nor shall either Party challenge the legality of any provision in this Agreement. The Parties hereto, their successors, assigns, lessees and sub lessees are and shall be estopped from contending otherwise in any proceeding before a Court of competent jurisdiction. 8.1 The Parties agree that this Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. 8.2 Notwithstanding anything in this Agreement to the contrary, if the Municipality acquires by any means any part of the Site for any municipal purpose, including road widenings, the Municipality shall not thereby become an owner as contemplated herein, nor shall the Municipality be bound by this Agreement as an owner of the Site. 8.3 The Owner agrees that the rights, restrictions, duties, provisos, conditions and obligations herein contained as they apply to the Owner shall run with the Site until they have been fully performed and thereafter shall cease to apply to the site. When the Owner has fully performed all of its obligations hereunder the Municipality shall provide, a full release of this Agreement in registrable form. The Parties agree that neither of them can assign or transfer their interest in this Agreement to any other third party without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 9. NOTICES 9.1 Any notices to be given under this Agreement shall be in writing and shall be delivered personally or by facsimile transmission only as follows: To the Owner: 1397878 Ontario Limited 30 Countryside Drive St. Catharines, Ontario L2W 1C3 Telephone: (905) 374 -6040 Facsimile: (905) 374 -7715 1251435 Ontario Limited 30 Countryside Drive St. Catharines, Ontario L2W 1C3 Telephone: (905) 374 -6040 Facsimile: (905) 374 -7715 9 10. FURTHER ASSURANCES 11. FORCE MAJEURE To the Municipality: The Corporation of the City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 To the Attention of: The Director of Planning Development Telephone: 905- 356 -7521 Facsimile: 905- 356 -2354 The Parties shall immediately notify each other, in writing, of any changes of address or facsimile number from those set out above. 9.2 Notice shall be deemed to have been received by a Party on the date of personal delivery or confirmed facsimile transmission. 10.1 The Parties hereto agree that, at all times and from time to time hereafter upon every reasonable written request to do so, they shall make, execute, deliver and cause to be made, executed and delivered all such further acts, deeds, assurances and things as may be required for more effectively implementing and carrying out the true intent and meaning of this Agreement. 11.1 If either Party is bona fide delayed in or prevented from performing any obligation under this Agreement by reason of a labour disruption, civil disturbance, act of God, government laws or directives, or similar impediment, and not caused by its own default and not avoidable by exercise of reasonable effort or foresight, then performance of such obligation is excused for as long as such cause exists. Furthermore, the Party so delayed shall be and is entitled, without being in breach of this Agreement, to carry out such obligation within the appropriate time period after the cessation of such cause. 11.2 Nothing in section 11.1 shall operate to excuse the Owner from the prompt payment of cash or the delivery of a letter of credit to the Municipality in accordance with the terms of this Agreement. 12. REGISTRATION OF AGREEMENT AND POSTPONEMENTS 12.1 The Owner consents to the registration of this Agreement, or a notice of it, against the title to the Site at the Owner's expense. 12.2 The Owner agrees to provide to the Municipality, prior to the registration of this Agreement and at no cost to the Municipality, any postponements that are necessary to ensure that this Agreement, when registered, will have priority over all other interests in the Site, other than the fee simple interest. 10 13. TAXES 12.3 The Owner agrees that it will provide to the Municipality, prior to registration of this Agreement, a solicitor's title opinion, satisfactory to the Municipality's solicitor, confirming that this Agreement, when registered, will have priority over all other interests in the Site other than the fee simple interest. 13.1 The Owner agrees to pay, and fully indemnify the Municipality in respect of, any taxes, including taxes under the Excise Tax Act (Goods and Services Tax), Land Transfer Tax, and/or registration fees, associated with the benefit to the Municipality of any facility, service, matter or thing referenced in this Agreement and provided to the Municipality for the benefit of the Municipality by the Owner, including any facility, service, matter or thing required under Section 41 of the Planning Act, provided: 14. ARBITRATION (a) such indemnity shall be net of any rebate available to the Municipality; and (b) the Owner may defend against the imposition of such taxes in the name of the Municipality provided that the Owner may, in such event, elect to pay and satisfy any such claim for taxes and in such event the Municipality shall inform the Owner fully of such claim for taxes and shall offer the Owner every co- operation in the defence of said claim for taxes. 14.1 If any claim or dispute shall arise with respect to any of the provisions herein, including but not limited to application of the formulae set out herein, or the performance or non performance by either Party of the provisions hereof, either Party may, by service of a notice in writing to the other Party, require that such claim or dispute be submitted to and settled by a single arbitrator pursuant to the provisions of the Arbitrations Act, 1991, S.O. 1991, c.17, as amended, whose decision shall be conclusive and binding upon the Parties, and judgment shall be rendered thereon, provided however, that the Parties shall continue their performance of the terms and conditions of this Agreement before and during any such arbitration proceeding to the extent possible. The cost of any such arbitration shall be borne equally by the Owner and the Municipality; the Parties shall bear their own legal and consultant costs. 15. COMMENCEMENT 15.1 This Agreement commences on the date shown on the first page hereof. 16. SCHEDULES 16.1 The following Schedules attached to this Agreement are to be read as and shall form part of this Agreement: 11 17. INTERPRETATION Schedule "A" Schedule `B" Schedule "C" Schedule "D" Legal description of the Site Zoning By -law Amendment Standard form letter of credit Streetscape Improvements 17.1 The headings in the body of this Agreement have been inserted for convenience of reference only and do not form part of the Agreement. 17.2 This Agreement shall be construed and enforced in accordance with, and rights of the Parties shall be governed by, the laws of the Province of Ontario and of Canada applicable therein, and shall be treated in all respects as an Ontario contract, and the Parties submit to the jurisdiction of the courts of the Province of Ontario. 17.3 This Agreement shall be construed with all changes in number and gender as may be required by the context. 17.4 Reference to an official of the Municipality in this Agreement is deemed to include a reference to the official of the Municipality who performs the duties of such referenced official from time to time. 17.5 Time is of the essence in this Agreement. 17.6 The failure of the Municipality to require performance by the Owner of any obligation under this Agreement shall not constitute a waiver of performance of said obligation or any other obligation and shall not affect the Municipality's right to enforce such obligation at a later time. 17.7 This Agreement shall constitute the entire agreement between the Parties in respect of the subject matter herein contained, and it is agreed that there is no representation, warranty, collateral agreement or conditions affecting this Agreement other than as expressed herein. 17.8 This Agreement may only be amended, modified or supplemented by a written agreement signed by all of the Parties hereto. 17.9 The parties acknowledge and agree that the recitals to this agreement are true and that those recitals form a part of this agreement. 12 IN WITNESS WHEREOF the Parties have executed this Agreement by affixing their corporate seals, attested to by the signatures of their duly authorized signing officers. SIGNED, SEALED AND DELIVERED) 1397878 ONTARIO LIMITED c/s Name: Title:.P- resident- ace ?waled 69 I have authority to bind the corporation 1251435 ONTaIO LIMITED v Name: IILTLe ?R -g Title:.Psesident P v 0' I have authority to bind the corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk 13 SCHEDULE "A" LEGAL DESCRIPTION Lots 479, 480 and 481 according to Plan 746 now known as Plan 9, in the former Town of Niagara Falls, in the County of Welland and Lots 487 and 488 according to Plan 34 now known as Plan 297, now all in the City of Niagara Falls, in the Regional Municipality of Niagara; Lot 483 according to Plan 746, now known as Plan 9, in the former Town of Niagara Falls, in the County of Welland, now in the City of Niagara Falls, in the Regional Municipality of Niagara; Lot 486 according to Plan 34, now known as Plan 297, in the City of Niagara Falls, in the Regional Municipality of Niagara; Lots 484 and 485 according to Plan 746, now known as Plan 9, in the former Town of Niagara Falls, in the County of Welland and part of Lots 492 and 493 according to Plan 34, now known as Plan 297, now all in the City of Niagara Falls, in the Regional Municipality of Niagara as in R0618081; and Lot 482 according to Plan 746, now known as Plan 9, in the former Town of Niagara Falls, in the County of Welland, now in the City of Niagara falls, in the Regional Municipality of Niagara. SCHEDULE "B" ZONING BY -LAW AMENDMENT 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 return 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 retum for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City"); AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by 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 I 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 (c) (b) Location of the various components of the building or structure, their maximum height and maximum number of storeys and minimum yards before any dedication required for road widening Maximum height of building or structure and maximum number of storeys (d) Roof feature 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 (e) Minimum landscaped open 12% of the lot area space after any dedication required for road widening 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 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. (b) 10. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: (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. Passed this twenty-ninth day of May, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: 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) (c) 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- 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- May 29, 2006 May 29, 2006 May 29, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Amending Zoning By -law No. 79 -200 Description: See Appendix 1 Applicant: 1251435 Ontario Limited and 1397878 Ontario Limited Assessment 272503000308100 272503000310800 272503000310900 272503000311400 1:NTS AM- 02/2006 K \zoos\GIs_Re sd,eduiesuom, -0z \mapWnS.nwv Apil 2006 SCHEDULE 2 TO BY -LAW No. 2006- i KITCHENER ST 0 4 c Z 0 3 N 3 16.7 m 46.95 m N 3 30.48 m Y 3 3 33.5 m 5 12 3m 4 47.17 m 6m 47.4 m 1.5 m Y 3 E 4.25 3 R =21 m BENDER Sr Amending Zoning By -law No. 79 -200 Building Components Location Before any dedication required for road widening Maximum It of Storeys Tower and Rod fF\ Feature Podium 7 Storeys 27 m 4 Storeys Maximum. Height 12m Assessment #s: 272503000308100 272503000310800 272503000310900 272503000311400 See Appendix 1 1251435 Ontario Limited and 1397878 Ontario Limited 1:NTS AM- 02/2006 K:1 is \Scheddesl2oningAM1AM -02\mappi g.maP April 2006 SCHEDULE "C" STANDARD FORM LETTER OF CREDIT The within letter of Credit shall be provided to the Director of Finance for the City and shall be issued from a Financial Institution that is on the City's pre- approved list of Financial Institutions from which it accepts Letters of credit. Amount: Letter of Credit No: Date of Issue: Initial Expiry Date: Beneficiary: The Corporation of The City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Applicant: [name] [address] [bank/credit union letterhead] IRREVOCABLE STANDBY LETTER OF CREDIT TO: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 We hereby authorize you to draw on [name of bank/credit union address] for the account of [name of applicant] up to an aggregate of available on demand. Pursuant to the request of the applicant, we, [name of bank/credit union], hereby establish and give you an Irrevocable Standby Letter of Credit in your favour in the total amount of which may be drawn on by you at any time, and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have a right as between yourself and the applicant to make such demand and without recognizing any claim of the applicant. Provided however, that you are to deliver to [bank/credit union, branch address] at such time as a written demand for payment is made upon us, a certificate confirming that monies drawn are pursuant to an agreement between and The Corporation of the City of Niagara Falls dated The amount of this Letter of Credit may be reduced from time to time as advised by notice in writing given to us by you. This Letter of Credit will continue up to the [date to be one year from date of issue] and will expire on that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time prior to that date, should this Letter of Credit not be renewed. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year from the present or any future expiration date hereof, unless at least 30 days prior to any such date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit renewable for any additional period. Upon receipt by you of such notice, you may draw hereunder by means of your demand accompanied by your written certificate as noted above. DATED at Rev. Sep.. /04 Partial drawings are permitted. this day of 200 [Authorized Signatures] 1. The Streetscape Improvements to be provided along Victoria Avenue shall be comprised of the following: construction of 93 linear metres of a 4 metre wide concrete sidewalk; construction of 93 linear metres of a 2 metre wide precast unit paver strip; construction of 11 tree pits and installation of 11 deciduous trees, with a minimum caliper of 50 mm, and associated tree pit covers; installation of vehicular and pedestrian light standards, with associated banners/hanging planters, of a number and in locations to be determined by the Municipality; and installation of waste receptacles and benches, of a number and in locations to be determined by the Municipality. All as detailed in the "City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines MBTW group, October 2001, as may be amended by the Municipality. As an alternative to completing the Streetscape Improvements, the Owner may make a Streetscape Improvements Contribution calculated as follows: S ($900 x 1.051*) x L $945.90 x 93 metres $87,968.00 Infrastructure Construction Price Index, Capital Expenditure Price Statistics, Third Quarter 2005, Statistics Canada, Catalogue 62 -007. SCHEDULE "D" STREETSCAPE IMPROVEMENTS CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the payment of $24,504,310.93 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning April 26, 2006 to May 30, 2006. Passed this twelfth day of June 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2006 June 12, 2006 June 12, 2006 CITY OF NIAGARA FALLS By -law No. 2006 94 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of June, 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 12 day of June, 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 twelfth day of June, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2006. June 12, 2006. June 12, 2006. ADDITIONS TO COUNCIL. MONDAY. JUNE 12. 2006 Community Services 1. NOTE: R- 2006 -16 will be deferred. 2. Two correspondences regarding MW- 2006 -68, Unauthorized Alterations to Public Property, from Italia Gilberti of Broderick Partners Council Planning Matters PD- 2006 -45 Zoning By -law Amendment Application, AM- 15/2006, Addition to the Existing Dwelling. 1. Correspondence from the Region's Planning Department. PD- 2006 -47- Zoning Amendment Application, AM- 16/2006, 2700 Mewburn Road, Proposed 28 -Unit Townhouse Development. 1. Correspondence from David Farley, Director of Planning at the Region. 2. Correspondence from Peter Colosimo, Senior Planner at the Region. 3. Correspondence received from Kurt Klein. 4. Letter received from Carol A. Crown, Unit Owner at 2684 Mewburn Road. PD- 2006 -51, Zoning By -law Amendment Application, AM- 17/2006, Proposed Single Detached Lots with Special Driveway Access. 1. Correspondence from Dr. Mrs. V. Vasic, 6358 Brookfield Avenue. PD- 2006 -46, Official Plan Zoning Amendment Application, AM- 06/2006, 5471, 5491 and 5507 River Road 4399 and 4407 John Street. Proposed 29- Storey Residential Development. 1. Letter from Dave Gillis, Manager Planning Properties at the Niagara Parks Commission. 2. Letter from Slavenko Cugalj, Transportation Planner at Delcan. 3. Correspondence from John and Theresa Prentice, 4413 John Street. 4. Correspondence from Sandra Pew. NOTICES UPCOMING MEETINGS THAT COUNCIL MAY BE INTERESTED IN 1. O'Neil Street Neighbourhood Meeting, Thursday, June 15 7:00 p.m. in Committee Room #2. 2. Historical Drummondville (Main Ferry) Community Improvement Plan Workshop, Tuesday, June 27 7:00 p.m. Lundy's lane United Church, 5825 Lowell Avenue Ivaraincorl I P4 at* BARRISTERS SOLICITORS 4625 ONTARIO AVENUE POST OFFICE BOX 897 NIAGARA FALLS, ONTARIO CANADA L2E 6V6 TEL (905) 3562621 FAX (905) 356 -6904 I.I. BRODERICK, L.S.M W.A. AMADIO I.B. HOPKINS G.A. KIRKHAM LM GILBERTI t R. B. BURNS M. DIGIROLAMO COUNSEL: E.P. LUSTIG D.F. MARINELLI (1945. 1997) June 7, 2006 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Ed Dujlovic Dear Mr. Dujlovic: Re: MW- 2006 -68, Report to Community Services Committee, dated June 12, 2006 Please be advised we act as solicitors for 2095527 Ontario Limited, the beneficial owner and operator of the Embassy Suites Hotels Niagara Falls Fallsview located at 6700 Fallsview Blvd. and also the beneficial owner of the Plaza lands located at 5930 Victoria Avenue, both parcels of lands located in Niagara Falls, Ontario and both parcels of lands referred to in the above noted Report. This company does not own or operate the Niagara Falls Marriott Fallsview Hotel Spa located at 6740 Fallsview Blvd., Niagara Falls, Ontario and therefore this letter will address only the two matters which pertain to this client. We have had an opportunity to review the above Report with our client, with respect to the two matters outlined as Embassy Suites and Victoria Avenue and comment as follows. Embassy Suites As you are aware, our client is most concerned with access to the site by emergency vehicles for health and safety matters, such as fire trucks and ambulances. It is for this reason that our client met with staff in February, 2006 to discuss these issues. Our client was most surprised and disappointed to hear that staff would not accept our client's CERTIFIED StY THE LAW SOCIETY AS A SPECIALIST IN CIVIL LITIGATION. f FLUENT IN BOLO ITALIAN AND FRENCII LANE. UAG ES. Victoria Avenue -2- proposal to address our client's concerns. The health and safety of the hotel guests, public, and pedestrians is a top priority for our client. The improvements undertaken by our client at this site are still under construction and have not been completed. However, our client would be most pleased to meet with you to discuss how further improvements can be made to the intersection and the site in order to address our client's concerns pertaining to emergency vehicle access. The City will not be required to expend any funds to restore the situation, if the discussions cannot lead to a better resolution, as our client will co- operate with City staff. We kindly request that we promptly meet with you, at your convenience, in order to discuss how to address our client's concerns and correct this situation. This matter, as it stands, reflects several situations of miscommunication or misunderstanding. Our client assumed the contractor had provided all of the necessary drawings and the contractor assumed the owner had done so. Given that City staff is in support of the widening of the sidewalk, we kindly request that the undersigned meet with you, at your convenience, to discuss what information is required to have the drawings completed to City standards. Kindly advise what further security will be required. We ask that you contact the undersigned, at your convenience to discuss how these matters may be promptly resolved to City staff's satisfaction. We kindly request that you provide a copy of this letter to Madam Chair Volpatti and all members of City Council for their consideration on June 12, 2006. We thank you for your attention herein. Yours very truly, BRO 71c;j�rT/Rs LLP k i .li cc. Mr. Carmen Menechella BARRISTERS SOLICITORS June 7, 2006 4625 ONTARIO AVENUE POST OFFICE BOX 897 NIAGARA FALLS, ONTARIO CANADA L2E 6V6 TEL (905) 356 -2621 FAX (905) 356-6904 I.I. BRODERICK. Q.C., L.S.M. W.A. AMADIO J.B. HOPKINS G.A. KIRKHAM LM. OILBERTI t R. B. BURNS M D$GIROLAMO COUNSEL: E.P. LUSTIG 02. MARINELLI (1945 1997) City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Mr. Ed Dujlovic Dear Mr. Dujlovic: veL Re: Report to Community Services Department, dated June 12, 2006 Please be advised we have reviewed a copy of this report with our client, Niagara 21 Group Inc., who owns and operates the Niagara Falls Marriott Fallsview Hotel Spa, located at 6740 Fallsview Blvd., Niagara Falls, Ontario. Please be advised effective May 1, 2006, Niagara 21 6E Group Inc. no longer owns or operates the Embassy Suites Hotel located at 6700 Fallsview Blvd. nor does it own the plaza lands located on Victoria Avenue referred to in the Report. Our client wishes to advise you and Madam Chair Volpatti and all members of City Council that Niagara 21' Group Inc. is not involved in the other two matters referred to in the said Report. Our client kindly requests that reference to the other matters be dealt with separately and apart from the Radisson Hotel matter. With respect to the parking spaces located on the Radisson Hotel lands, currently being utilized by Niagara 21' Group Inc., we kindly request that we meet, as soon as possible, at your convenience, to discuss what items our client will need to provide you in order that you may consider allowing these existing parking spaces to continue, which have operated for quite some time without any incident. CERTIFIED BY TIIE LAW SOCIETY AS A SPECIALIST IN CIVIL LITIGATION. t FLURNT IN awl If ITALIAN AND FRENCH LANGUAGES. We kindly further request that you provide a copy of this letter to the Community Services meeting for consideration. We thank you for your prompt attention to this matter. Yours very truly, c.c. Mr. Cosmo Menechella -2- Niagara f Region PLANNING AND DEVELOPMENT May 10, 2006 File: D 10.M 11.23 Ms. Anamika Dilwaria Planner II City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mrs. Dilwaria: Re: Zoning By-law Amendment Application Addition to Existing Dwelling Netherby Road, west of South Green Rd. City of Niagara Falls Your File: AM- 15/2006 This application proposes a zoning amendment to permit the construction of an addition to an existing dwelling. The addition would be located at the rear of the dwelling and would consist of a new bedroom and a deck. The addition would also facilitate the installation of a new ensuite bathroom within the existing structure. These lands are shown as being within a Good General Agricultural Area by the Regional Policy Plan. The dwelling is an existing use and the planning regulations would normally permit one dwelling per property In agricultural areas where there are no environmental constraints. However, the property is only 20,068 square feet (1864.4 square metres) in size whereas the Zoning By -law requires a minimum lot area of 25 acres (10 hectares). The issue involving this application is not the use but whether the property. given its small size, can accommodate the dwelling with the proposed addition as well as the existing garage and shed. This area is an unserviced agricultural area so any development must depend on private on -site services A lot area of at least one acre (0.4 hectares) is normally considered necessary to accommodate a dwelling with a conventional septic disposal system. A septic system with a raised tile bed could require an even larger area. The subject property at 0.46 acres is less than half the minimum desirable size. Therefore, the City should obtain the comments of the Regional Public Health Department to confirm that the effluent disposal system on this property is adequate to accommodate the existing and proposed development without any adverse environmental or health impacts. Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail; plan @ragional.niagara.on.ca RECEIVED MAY 1 1 2006 PLANNING DEVELOPMENT In conclusion, Regional Planning staff would not be opposed to the adoption of the proposed zoning amendment provided the Regional Public Health Department indicates that the effluent disposal system will be satisfactory and will be able to accommodate the existing and proposed development. Yours truly, l F 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. Hunter, Regional Public Health Mr. W. Stevens, Regional Public Works tw28LA- Netherby Addition -NF 2 Niagara Region PLANNING AND DEVELOPMENT May 10, 2006 File: D.10.M.11.23 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By-law Amendment Application 28 -Unit Townhouse Development Mewbum Road, south of Mountain Road City of Niagara Falls Your File: AM- 18/2006 Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905 -641 -5208 E -mail: plan @regional.niagara.on.ca RECEIVED MAY 15 2006 PLANNG DEVELOPMENT This application proposes the rezoning of a vacant 0.98 hectare (2.42 acre) property to permit its development for 28 bungalow -style townhouse units. These lands are located within the Regional Urban Areas Boundaries and are designated "Residential" by the Niagara Falls Official Plan. The surrounding lands on the east side of Mewbum Road have been developed for residential purposes. Furthermore, the lands to the north have been developed for townhouses. Therefore, the proposed townhouse development should be compatible with the adjacent residential uses. The site is located approximately 175 metres (575 feet) from the QEW. There are intervening lands between the site and the QEW. However, these intervening lands are currently undeveloped and it is uncertain when these lands might be developed. In the absence of any intervening development to buffer the noise from the QEW, the developer should be required to submit a noise impact study prior to site plan approval. It is anticipated that only the units fronting directly on Mewbum Road potentially could be affected by noise from the QEW. No information has been provided on stormwater management for this development. However, this project is a small infilling development so a stormceptor and possibly an inline storage facility should be sufficient for this development. Because of its small size, the City can assume responsibility for reviewing and approving the stormwater management plans. The Regional Public Works Department will be reviewing this development with respect to the intemal roadway design for curbside waste collection. Public Works staff will be responding in a separate letter. In conclusion, Regional Planning staff are not opposed to the adoption of a zoning amendment to permit this development. Yours truly, David J. Farley Director of Plann'M. rvices c: Councillor Smeaton, Regional Municipality of Niagara Mr. D. Darb son, MCIP, RPP, Director of Planning, City of Niagara Falls Mr. W. Stevens, Regional Public Works hv2BLA- Mewbum Townhouses -NF Jun. 7. 2006 8:42AM REGIONAL PLANNING No, 6289 P. 1 Niagara el Region PLANNING AND DEVELOPMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 906 -984 -3630 Fax 906- 8415208 E -mail: planetreglonal.niagara.on.ca June 7, 2006 File: D.10.M.11.23 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 28-nit Townhouse Development Mewbum Road, south of Mountain Road City of Niagara Falls Your File: AM- 18/2008 Regional Planning staff recently met with the applicants to discuss requirements related to highway noise Impacts and Regional waste collection. The following comments are provided for your consideration Ministry of the Environment noise guidelines normally require the submission of a detailed noise impact study where a residential use Is proposed within 250 metres of a provincial highway. It is recognized that in this instance the intervening vacant lands along the highway (west side of Mewbum Road) will require a detailed noise assessment and that this future development will provide mitigation measures that will reduce any adverse effects on the subject lands. Further, outdoor living areas In the proposed development will be located behind the row of townhouse units fronting directly on Mewbum Road. Therefore, Regional Planning staff would suggest that, in lieu of a noise impact study, the City include provisions in the site plan agreement requiring dwellings to be constructed with central air conditioning and double glazed windows as well as a warning clause advising future residents of potential traffic noise Impacts. The developer has been provided with a copy of the Region's policy for the collection of waste on private property. Revisions will be made to the site plan in an effort to meet the provisions of the policy to the satisfaction of the Regional Public Works Department. Building Communigt Building elves. RECEIVED JUN 071006 PLANNING DEVELOPMENT Jan, i. 2006 8:42AM REGIONAL PLANNING No. 6289 P. 2 In conclusion, Regional Planning staff has no objection to the approval of the zoning by- law amendment as the above noted matters can be addressed as part of the site plan agreement with the City. If there are any questions, please contact me for assistance. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner 2 c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. K. Klein, Klein Building Company Ltd., 6279 Huggins St., Niagara Falls. ON L2J 1H2 Mr. D. Darbyson, City of Niagara Falls Mr. K. Mach, City of Niagara Falls Mr. W. Stevens. Regional Public Works M.IMSWORI WCWiapna FailsWFzbILMewbum Rd Townhouses.doc pm) ::61 c 0/�b/20@6 13:17 19053549312 dirI Nfspirs Oniwio 1 047 *Sat 2 Thrcti 44 ha, z 4 1 141 7 q•s c-aat+ nipt 1 IOC itg -79. 4 4.16 C )410 40" ga4ikleldao.4 cc, Ilf lAstr *was 0 Pions. Commault t 0001110010.0. 4 Jist .fiakta 044.4_ e --fiketriA KLEIN DEVELOPMENTS PAGE 01 W. 4)I1 t 1“. 1 1 RECEIVED PLANNING DEVELOPMENT Lt t. 06/06/2006 13:17 19053549312 !A" Ittritarto bevelopment biepartment Filis 40emet 1023 KLEIN DEVELOPMENTS jt'ts lige;btirs Propo orne Delvsilotelityn t" *olio our mottled* morning, this contlitns your ttreedtefrabettiOt a Increase tate secretion distance between the site entry 616100 1 Y. thigtle thtwitttene driveway* (sftuated at units #4 and 025) from 6.2 thitert T. iltsctisseit: we wig Mart a notation on the drawing to Confirrtiiatiagrie.itienft 6 7 I 4 Or agialetance on Shill matter is greatly appreciated, Til 9lira544412 384.0651 Fa ess414.041 ent Ilinins Strait. Mann) went Dario .1.24 PAGE 02 Director of Planning and Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sirs: 10 2684 Mewbum Road Niagara Falls, ON L2E 6S4 June 2, 2006 Re: Zoning By -Law Amendment Application Zoning By -Law No. 79 -200 City File AM- 16/2006 I received your Public Meeting Notice and I have several concems with respect to the building of 28 new condominium units in the area of Mewbum Road and Mountain Road. I apologize for not having this letter to you prior to May 30, 2006 but a family emergency prevented the completion of the letter until now. Below I have set out my concems for your attention: 1. Firstly, my concem is the density of the condominiums in this area. There are already 45 units within four acres to the north of the proposal building site and approximately 30 townhouses to the south of the proposal building site. I believe that the additional 28 units will decrease the value of both the units to be built and the current fair market value of the units that are already in existence. 2. Next is the sewage removal capacity and the waste water run off. Mewbum Road is an old road that runs through an area was primarily vineyards and farm land and the sewage pipes and water pipes are probably some thirty years old or older. The size of the pipes are probably too small to handle the additional sewage and I certainly don't want it coming up in my basement. The construction of 28 additional condominiums will only add to volume of water and sewage and there is potential for some major sewer backups without bigger water and sewer pipe's being put in. This is one major item that needs to be addresses prior to the city allowing 28 new condominiums being built. 3. There is a water table running under the lands on Mewbum Road and after a lot of rain, one can see the low spots at the front of the proposed building site and along Mewbum Road closest to Mountain Road as there is a natural slope to the land. The storm sewers are as old, if not older, than the sewer pipes and tisgQnstruction of 28 RECEIVED JUN 0 6 2006 PLANNING DEVELOPMENT additional condominiums will only add to volume of water. Again there is potential for some major sewer backups without bigger water pipes being put in and this item also needs to be addressed. 4. The additional traffic now moving up and down Mewbum Road has resulted in the shoulders crumbling and the tarmac cracking and breaking away. The road in itself is not particularly wide and, in the winter, the snow and ice make two way traffic a challenge. It doesn't help matters when the Laidlaw and DanNel school buses park along the road because they are ahead of schedule. At times they stop, driver to driver, blocking one lane of traffic on a road just wide enough to pass safely. 5. The additional traffic also adds to the current problems at the intersection of Mewbum Road and Mountain Road. During busy times of day, such as 8:00 am, noon and between 3:00 pm and 7:00 pm, a person can wait between five and fifteen minutes to make a left hand tum out of Mewbum Road and making a right hand turn can also take some time as these people have to wait to the people making left hand turns. The additional traffic from 28 new condominiums will only add to the wait. There have been several near misses and, at least one serious accident in the last six months alone. Please review and address these matters prior to any by -law amendments as, I believe, this proposal of building an additional 28 condominiums in this area is going to run into more problems and expenses for the City of Niagara Falls than originally anticipated. I thank you for your time and look forward to receiving your response. You, trul le Carol A. Crown Unit Owner ibr -271,As V As /C 43 56 rto 40 e t- g½J 4oL-ft 0 RECEIVED JUN 08 2006 PLANNING DEVELOPMENT 71/arr LOG s ke 6-4. R°: ...2e)/t21c? Ace4-4- '7; up ka, 77 la 0-71 ra4 4C v-odf ,Cdu, FATA_A-cvni draidatial /Ptak /wcze P /ad y at:7 ci-ufro lok a or it.; g cur rotuat 6:14442- c e_gi t w att, a 4_, Y-4- 5, ring. CX41 l_ gt-ta- /0)/d SA.0 &data A-6 7 12-12-4-1411- 04.2.1-_ rafree-nri-1 Vg4A1A-- 1421/11 e,c1- oAx. 4.67L AA/ 9a. 6,7sok at, jottoia.mt-Le arle-(44 a H- u:4 otAtit el.?? /fa Afi 7/9-o o btetatr- wa_ _A-ra-e-e-v-gel— bee >44 ,9tw-e-ter end-4°A 60( Jaw- tA74 "to otitAA-war tiCz” c 0.40„,mAA 0,0 a- ii-f/it.e, WCY-t co-int 2/-764t- S o a- -421- -40-7m- a/an/A- A boa rico° a( dwelt/ la a-r6 .4_a1-it4 4P-ci IP Niagara Parks Andrew Bryce Planner 2 Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir. i Pknn.. d 1 11' 4 Engineering Dave Gillis Phone: 905/356 -224 ext. 260 Fax: 905/356-726 E -Mail: npceng @niagaraparks.com April 25, 2006 RECEIV T D APR 28 L.. PLANNING t4 DEVELOPM" RE: AM- 0612006 OFFICIAL PLAN ZONING BY LAW AMENDMENT APPLICATION PROPOSED 29 STOREY RESIDENTIAL DEVELOPMENT RIVER ROAD, NIAGARA FALLS The Niagara Parks Commission (NPC) was asked to provide our preliminary comments on this above noted application which we understand has yet to be scheduled for a public meeting before City Council. The Niagara Parks Commission has no objection to the designation of this site from Tourist Commercial to Residential however we do have a number o recommendations a I a adjacent Niagara i h we feel Commission on the River Road and into the neighbourhood. appropriately Reduce the 29 storey tower to between six (6) to eight (6) stories maximum and the six (6) storey podium to two (2) stories maximum. Six to eight stories while double the maximum allowable height for the area does allow the developer more units and a two (2)- storey podium is in keeping with the developers wish for two (2) storey garden townhouses used in their example of an ideal development height at a base of a tower. The reduction in height will make for a more appropriate transition between the existing low rise neighbourhood in which it is placed as well as reduce the shadowing affects on neighbouring lands including NPC lands and the treed gorge. The lowered height would to b be t t t e r the units per h reflect the sample ectare projects in Vancouver that the proponent l has exemplified to ter sample p throughout their documentation. THE NIAGARA PARKS COMMISSION 0 i!liarir` PO Box 150, Niagara Falls, Ontario, Canada L2E 6T2 ;woman P.() Site: www.niagaraparks.com John Kernahan General Manager AM -0612006 2 The developer should investigate the possibility of reducing the number of accesses to River Road and discuss with NPC staff the results of traffic studies that indicate that a 250 unit building would not result in any measurable changes to River Road intersections. The podium setback shall be increased from the proposed six (6) metres to something closer to the required ten (10) metres, be designed with more architectural interest and enhance the public space between the building and the roadway with landscaped areas and wider sidewalks. Niagara Parks staff support this residential project albeit at a much reduced intensity because it would provide a transition from the busy Falls Avenue area to the quieter River Road Bed and Breakfast area that a Tourist Commercial facility would just not be able to achieve. We would appreciate your keeping us informed of any further information on this proposal. /cr Yours truly, Dave Gillis, MCIP, RPP Manager Planning Properties DELCAN May 5, 2006 City of Niagara Falls Transportation Planning 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: John Grubich Dear Mr. Grubich, Re: Proposed High -Rise Residential Development River Road at John Street and Philip Street Traffic Impact Study Comments This letter has been prepared In response to your letter dated April 10, 2006 with respect to your comments on the traffic impact study submitted to the City in support of the development application for the above mentioned project. As discussed in our telephone conversation on April 13, 2006, Delcan recognized and acknowledged the issues raised by the City. We mutually agreed that all City's concems will be addressed in a subsequent submission of a revised traffic impact study, once the site plan for the development is finalized and approved by the City in accordance with the city policy for the site plan review and traffic impact study preparation guidelines. Following the site plan approval, we also agreed to schedule a meeting to identify all City's concems and to ensure a successful revision of the traffic impact study. I trust this letter accurately reiterates our discussions. Should you need clarifications on any aspect of this letter, please do not hesitate to contact the undersigned. Yours truly, t car&att? 0 Slavenko Cugalj, M. E ng Transportation Planner Cc: Andrew Bryce Marc Baronette Richard Brady Italia Gilberti OGLCAN CORPORATION 154 MAIN STREET EAST. SUITE 201, HAMILTON, ONTARIO, CANADA LSN 1G9 TEL (9 51 525 -2554 FAX. (9053525-5710 www.delcan.00m RECEIVED MAY 12 2006 PLANNING DEVELOPMENT AM_ ab— P.-vest ao City of Niagara Falls 4310 Queen Street Niagara Falls, ON Re: City File AM 06/2006 Your Worship and Members of Council: Alt Kenning U We are opposed to the application to amend the Official Plan and Zoning Bylaw 79 -200 for the following reasons. 1. This proposed development of a 29 storey, 250 unit residential building is just too much for the piece of land involved. While the tower will have a major impact on the skyline, our main concern is the podium which will occupy almost the total area bounded by River Road, River Lane, John Street and Philip Street. The "wall" we will live next to on River Lane will be about 50 ft. high. To get an idea of this, look at the Acres building when you leave City Hall (front door) and realize the podium will be about 2/3's of the height of the Acres building. 2. The city and council is presently considering a multi million dollar proposal and redevelopment for downtown. High rise condos are a large part of this plan. If you approve the proposal on River Road we believe you will scuttle your plans for condos downtown no view of the River or the Falls If approved this precedent will likely mean more high rise condos will march block by block down River Road toward Bridge Street. 3. Selling River Lane between John Street and Philip Street changes the neighbourhood drastically. Many residents use the lane to access the 420 highway. We use the laneway for access to our garage (as this house has done so for over 50 years). Thus, we need access to continue. 4. Our house and property which abuts the development will experience 2 years of construction. A 20 foot high fence will be erected about 10 ft away from our house to allow for storage of building materials, equipment, etc. We doubt we can have any windows open or laundry hung on the line during this period. We hope the city will not modify the proposal to say fourteen stories in the hope of compromise between the development and the neighbours. Any number of stories with the proposed high podium is too much. When we first heard condos were coming we assumed something like 3 story townhouses on 3 or 4 sides of the property and thought this wouldn't be too bad an idea. But 29 stories and 250 units certainly threatens the enjoyment of our present location. We respectfully urge you to deny this application and we request the opportunity to make our oral presentation on June 12th. RECEIVED MAY 302006 PLANNING DEVELOPMENT d %Aen4' „P9a4iirci Jai 9 at is trot ite227 It, (oar r at 114;t oz ev Q 7 ,44 oir% �C .ores zj! 1 -e-se-dert. _a- mAaa-fr --tet--exe 9z:tr.-Ad-faze- ,nom e ivotsmi eS1 #(e/ oit</ItaiThSete °L1 Niagaraf'alls CANADA NOTICE OF NEIGHBOURHOOD MEETING THURSDAY, JUNE 15, 2006, 7:00 P.M. City Hall, Committee Room #2 4310 Queen Street, Niagara Falls ZONING BY -LAW AMENDMENT APPLICATION AM- 10/2006 You are invited to attend a neighbourhood meeting that is being chaired by City Staff. The purpose of the meeting is to discuss the proposed development of a 1.281 acre (0.518 ha.) parcel of land on the north side of O'Neil Street, between Dorchester Road and Marion Avenue, as shown on the back of this notice. The site is comprised of the property known as 6753 O'Neil Street and the land at the rear of 6731, 6741, 6781 and 6791 O'Neil Street. The applicant will also be in attendance at this neighbourhood meeting. The submitted proposal to amend the zoning of the land to permit the construction of eight townhouses and two single- detached dwellings was deferred by Council at a Public Meeting on May 29, 2006, in order to hold this neighbourhood meeting. If you have any questions or require additional information, please call Richard Wilson, Planning Development, 905- 356 -7521, extension 4296, or visit City Hall between 8:30 a.m. and 4:30 p.m. KM /RW:ko Attach. S:\ ZONING WMS\2006Wm- 10Weighbourhood Notice.wpd Doug Darbyson Director of Planning Development Date of Mailing: June 9, 2006 Location: Subject Land Applicant: k: \GIS_ Requests\ 20061Schedules\ZoningAM\ AM-I0 \mapping.map SCHEDULE 1 LOCATION MAP HARRY 11' 0 hill MCGILL ST prapt. 11 °1111 111 plug ORES iIIIII /IIIIIIIIIomot 1/11w�%U11111 m 111111 V$ GIENGARY ST WINDERMERE R P 1 1111 re gi Amending Zoning By -law No. 79 -200 6753 O'Neil Street and Rear Portions of 6731, 6741, 6781 6791 O'Neil Street Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) I:NTS AM- 10/2006 April 2006 Dean lorfida Public Meeting Notice June 27 2006.pdf Page 1 Niagara falls CANADA NOTICE OF PUBLIC MEETING/WORKSHOP FOR THE CITY OF NIAGARA FALLS HISTORICAL DRUMMONDVILLE (MAIN FERRY) COMMUNITY IMPROVEMENT PLAN The City of Niagara Falls is partnering with the Main Ferry Business Improvement Area (BIA) Committee in preparing a Community Improvement Plan (CIP) for the Historical Drummondville Area. The CIP may ultimately recmnniend public realm projects and physical improvements to the area designed to help stimulate private sector investment and improvement of the area. The City has retained a consulting team to prepare the plan. This Public Meeting/ Workshop is a follow up to the meeting held in January of this year. The first part of this second public meeting will include a presentation by the consulting team on the Vision for the Main and Ferry area and a presentation of the Draft Land 'Use Plan, Urban Design Guidelines and Financial Incentives Programs for the area. The second part of the meeting will involve a break out into smaller groups where the consulting team would like to obtain your feedback and input on the proposed Draft Land Use Plan, Urban Design Guidelines and Financial Incentive Programs. All businesses and members of the public are invited to attend: Date: Tuesday, June 27, 2006 Time: 7:00 p.m. 9:00 p.m. Place: Lundy's Lane United Church 5825 Lowell Avenue If you have any questions please contact: Bob Bolibruek Community Improvement Program (CIP) Coordinator at (905) 356 -7521, extension 4298 or email at bbolibruckCa)niagarafalls.ca bile Meeting Notice funs 27, 2906 wind