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2008/03/17COUNCIL MEETING Monday, March 17, 2008 Order of Business and Agenda Package Niag araf1al COUNCIL MEETING March 17, 2008 O CANADA: Carly Manley will sing the National Anthem PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of February 25, 2008 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. YWCA Women of Distinction Awards and Gala Elizabeth Zimmerman, Executive Director, YWCA Niagara Region will make a presentation to Council announcing the call for nominees for the 2008 Women of Distinction Awards being held on May 8, 2008. Community Workplace Health Safety The Road to Zero Honourable Steven W. Mahoney P.C. of Workplace Safety and Insurance Board (WSIB) will present the Community Workplace Health Safety Charter for Council's consideration. Downtown IDEA Challenge DEPUTATIONS /PRESENTATIONS Melanie Mullen of Celebrate Old Downtown will introduce Carl David Onofrio and Brandon Agnew, the winners of the recent Downtown IDEA Challenge. 2 PLANNING MATTERS Public Meeting AM- 31/2005, Official Plan Amendment Application Sentex Developments, West of Montrose Road, East of Garner Road, North of Brown Road and South of the Hydro Corridor, Niagara Falls (Lots 198 and 199) Conversion from Industrial to Residential Background Material: Recommendation Report: PD- 2008 -24 -AND- Correspondence from Jeffrey Wilker of Thomson Rogers Correspondence from Niagara Region Planning Development Correspondence from Niagara Peninsula Conservation Authority Public Meeting AM- 36/2007, Zoning By -law Amendment Application 6455 Fallsview Boulevard, 6471 Stanley Avenue and 5896 -6046 Dunn Street Applicant: 17112093 Ontario Inc. (Carmen Menechella), 2100422 Ontario Limited Carmen Victor Menechella), Agent: Italia Gilbert', Broderick Partners Permitting an Expansion to the Existing Fallsview Plaza Hotel and allowing a portion of the Required Parking to be Provided off-site Background Material: Recommendation Report: PD- 2008 -23 AND- Correspondence from Niagara Region Planning Development Correspondence from Linda J Ross Correspondence from George Robert (Bob) Winder Public Meeting AM- 14/2007, Revised Zoning By -law Amendment Application 5382 Robinson Street and Lands on the West Side of Stanley Avenue, South of Robinson Street Applicant: Canadian Niagara Hotels Michael DiCienzo, Vice President, Design Development) 3 Agent: Emilio Raimondo, Raimondo and Associates Allowing Additional Required Parking Off -Site in a Tandem Parking Arrangement Background Material: Recommendation Report: PD- 2008 -18 AND- Correspondence from the Niagara Parks Commission Correspondence from Niagara Region Public Works Dept Background Material: Recommendation Report: PD- 2008 -19 -AND- Background Material: Recommendation Report: PD- 2008 -22 -AND- Public AN D- Public Meeting AM- 2008 -001, Zoning By -law Amendment Application South Side of Culp Street, East of Corwin Crescent A.G. Bridge Park) Applicant: City of Niagara Falls Rezoning the Land to an Open Space Category Correspondence from the Boys Girls Club of Niagara Correspondence from William Allen Correspondence from Mary Catherine Lindberg Correspondence from Jim Bredin Correspondence from Tony Guarasci Family Public Meeting AM-37/2007, Zoning By -law Amendment Application Kalar Road (West Side), North of Forestview Boulevard Applicant: The Bethlehem Not For Profit Housing Projects of Niagara Agent: Urban Environmental Management Inc. Rich Brady) Correspondence from Barry and Deby O'Connor Correspondence from Elaine Harvey, Project Share Correspondence from Leonard Mather Correspondence from Niagara Region Planning Development 4 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. TRANSPORTATION MATTERS REPORTS PROPERTY MATTERS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following property matter. 1. Chief Administrative Officer L- 2008 -08 Declare Surplus and Convey Laneway between McGrail Avenue and Ellen Avenue 1. Chief Administrative Officer TS- 2008 -23 Investment in Infrastructure Initiatives Federal Gas Tax Funds RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -12 Municipal Accounts F- 2008 -13 Major Receivables Year -End Report MW- 2008 -08 Kalar Road Reconstruction Project, Lundy's Lane to Beaverdams Road MW- 2008 -17 Deerfield Estates Subdivision Agreement Amendment Development Phasing Revision PD- 2008 -17 Downtown CIP Funding Applications, 4525 Morrison Street, Keefer Development Limited RESOLUTIONS 1. THEREFORE be it resolved that the appropriate staff person be authorized to submit a financial request to the Department of Canadian Heritage in relation to the "Celebrate Canada!" program for organizing activities to celebrate Canada Day. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -33 A by -law to establish Part of Township Lot 79, Stamford, as a public highway, to be known as and to form part of Dorchester Road. 2008 -34 A by -law to establish Part Township Lot 158 Stamford as a public highway, to be known as and to form part of Drummond Road. 2008 -35 A by -law to declare both Lane Plan 291 lying between McGrail Avenue and 59R -4270 except Parts 1 -6 inclusive on 59R 11934, and 10 foot Lane Plan 291, Town of Niagara Falls lying between Walnut Street and 59R -7270 except Part 1 on 59R- 11000; both in the City of Niagara Falls, Regional Municipality 6 of Niagara, surplus. 2008 -36 A by -law to establish Reserve Block 284, Plan 59M -354, Reserve Block 285, Plan 59M -354 and Reserve Block 286, Plan 59M -354 as public highways, to be known as and to form part of Milomir Street, Glavcic Drive and Forestview Boulevard, respectively. 2008 -37 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2008 -38 A by -law to establish Part of Lot 49, North Side of Lundy's Lane, West of Leonard, Plan 2, Stamford; Part of Lot 64, South Side of Maitland Street, Plan 2, Stamford; and Part of Maitland Street, Plan 2, Stamford, designated as Part 3 on 59R -13625 as a public highway, to be known as and to form part of Byng Avenue. 2008 -39 A by -law to authorize the execution of an Agreement of Purchase and Sale and an Encroachment Agreement with Hodan Investment Corporation, respecting the purchase of lands being Part 1 on Reference Plan 59R- 13060; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -40 A by -law to amend By -law No. 79 -200, to permit a portion of the parking required for a hotel to be provided off -site, to establish site specific manoeuvring aisle standards and to incorporate existing site specific zoning provisions. AM- 14/2007 2008 -41 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Speed Limits On Highways (Part4 80km /h), Speed Limits On Highways (Part 2 60 km /h), Step Signs at Intersections). 2008 -42 The Mayor and Treasurer are hereby authorized to execute this Amending Letter of Agreement to the Ontario Bus Replacement Program (OBRP) Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds as in Schedule "A" attached hereto. 2008 -43 A by -law to authorize the payment of $10,034,150.67 for General Purposes. 2008 -44 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 of March, 2008. NEW BUSINESS Carly Manley is a singer /songwriter and guitar player from Niagara Falls. She is a student at Saint Paul High School where she is an active member of the school choir and musical road shows, and is currently involved in the musical "Fame She has played several venues in the Niagara area including Port Mansion, The Merchant Ale House and CBGB's, acoustic as well as with her band. Carly teaches vocal and guitar lessons to students and Rick Rose's music school in Niagara Falls and plans to move to Toronto next year to study for her Bachelor's Degree in Music at Humber College. She also appeared on The Spirit of The Falls CD Volume 2, and plans to release her own full C.D with her originals by April of this year. Dean Iorfida YWCA Women of Distinction Awards and Gala From: To: Date: Subject: Attachments: Dear Dean lorfida, City Clerk: "Donna Shelton" Donna .Shelton @ywcastcatharines.ca> <diorfida @niagarafalls. ca> 2/22/2008 10:41 AM YWCA Women of Distinction Awards and Gala WOD Nomination 08.pdf; WOD 2008 Call for Nom Poster.pdf On behalf of the YWCA Niagara Region's Women of Distinction Awards Committee, we would like to request the opportunity to speak at City Council with regards to our Women of Distinction Awards Call for Nominations and Gala. I have attached a Call for Nominations form, as well as a poster so that you are able to review the materials. Could you please let me know if we would be able to speak at the March 17th Council meeting. Thank you for considering our request. Donna Shelton Executive Assistant Donna Shelton Executive Assistant 905-988-3528, ext. 222 YWCA Niagara Region, supporting women and their families. In your office, she's the co- worker that doesn't have change for coffee everyday. You Can Help. To donate please call 905- 988 -3528, ext. 239 Page 1 of 1 file: /C:\Documents and Settings \di202\Local Settings Temp\XPgrpwise \47BEA73BDomai... 3/3/2008 4 L q t :el S" ligt1111 n e:eiiledby the 1 \KANiagara Region She inaj!beIIii ^sit rfricif2iiiiii.liglrbblir n She inaybe your 1 2. grahiliu Other or yoer:siit, t: (14(7i14. in a hibillprolile position or behind the king7;:ii h 1,1:. f eli it tn lo ee or most valued I!) e. P Y chi! Sit( A 11 oiiieti o:fibeiti he tioii A:t:ar di to know In any cillegbr the nu 02,,, tiiii 1 Pr YOunteer The 114:CA:11Teineit of Distinction nominee is a wotnaii isho c,1 h. 1 I ijqicr. persiintilnchiernients,liercommunity commitment t and but Li; r I ir lion to the ailvanciiihent of immen. Rooted :in \.111.d 0 1. r r WI r May lie !ball, turabnal orth ternationat (2- ••c••,. ....,•2 2... ITo he el i IL itt i■menKlithiiiction Award wothen-riominated must: h zbe,follownlit °ere lemliers of the::curreMYWCA N d i AS!au in an orga cacti 1Ivciim resident for at letis1 a car 11 i1 i i Ii I I I Ln •I recipients, Region, crill• 94: 't',,, t iittre..f.: A:r3 "-r i l /..101 2 nizatiou,TOn 'Ina;mffi afeaStmanyorom en as you like, an can be ndfninhted"TtMcnlY t .oncica ego y, fte omell ofDistinction take place 4 44k ay, 8t1422 egVAtiiVIO r o. Dinneratt6:30 Egclat Arts and Culture She may be an artist, performer or someone who works behind the scenes to bring cultural events to life. Through her involvement in the visual, media, literary or performing arts, she has enriched Niagara's cultural Life. This award recognizes excellence in the development, preservation, patronage or performance of the visual, media, literary or performing arts, thereby enriching cultural life of the Niagara community. Education, Training and Development She may inspire a class or have designed a program that provides new ways of learning. She may lead a program or institution that empowers women to achieve new levels of accomplishment Her involvement in education, training or professional development within the Niagara Region has had an impact on women's ability to improve themselves. This award recognizes contribution to practice, research or administration in the formal education system, employee- training and development, community education or alternative learning progranis.and to the advancement of women through education. Health and Wellbeing She may have been a reassuring presence at a bedside or played a role in the efficient delivery of healthcare. She may be an athletic coach or program organizer. Through her dedication she has made a significant contribution, to the health and wellness of people in Niagara. This award recognizes the outstanding contribution made through research or practice in the field of health, wellness and the promotion of the wellbeing of women. "Public Affairs and Communication She knows how to get the message out and as an expert communicator has made a valuable contribution to_the betterment of life in•Niagara. In a society where information has become the life -blood of everyday life, communications and public affairs plays a paramount role across the social spectrum befit in business; government, the not- for -profit sector, media or volunteerism. As a skilled communicator, she readily and effectively drives key messages bringing issues, awareness and.understanding to the forefront in her role as a journalist, elected official, business leader, professional communicator or volunteer community leader. This awardrecognizes excellence in communication. Publicand Community Service She may be a professional public servant who hai made an exemplary contribution to public service in Niagara and the community is.better as a result, She may be a volunteer who has donated her time and talent to' make her community a better place to live. This award recognizes excellence of contribution toward improving social conditions, alleviating social inequities and strengthening participation and leadership in the community, having a positive impact on women in particular. Science and Technology She may be working to push forward the borders of human knowledge or a member of a project team seeking to improve a technical process. Her contributions will have been in physical or social sciences, medicine, technology, the environment; agriculture or viticulture and have had a positive impact on Niagara. This award recognizes a significant contribution towards her field and the expansion of women's participation and 'opportunities in these fields. Trades, Professions and Entrepreneurship She may be a senior partner in a professional practice -or an accomplished tradesperson in er Geld. She may head up a smalhbusiness.or lead a corporation. Her contribution to her ompany, her association, or her profession generates lasting benefits for Niagara. This award ecognizes achievement in trades; professions or entrepreneurship, as well as contributions to expanding women's participation and opportunities in these fields. In Addition: We encourage you to also indude'a (no more than 3 sources please). You may also include print clippings;__ Please provide two recent 5 x 7 inch coloured photographs, headand "shoulders only. These photographs are for display purposes and become the property of th`e YWCA If you wish' provide a`digital image, via e -mail, please contact the YWCA at 905 -988 -3528 ext 237 Submissions will not lbe returned The jury reserves the right to transfer a noiiiinee fo a more appropriate category. 6. Why is your nominee recognized as a Door Opener. and /or Model? A Doof'Opener helps women to achieve greater independence and success and a Role Model leads-by example; mentoring of 200 words maximum (15 points) ter oftrefe ence'or support from atfleast one other binder or folde omen and/or girls? he larger community Please complete the nomination package in cooperation with your nominee:It is important to provide as detailed and accurate a portrait of her as,possible. The jury members can only 'base their decision on information you have submitted in the nornmation package No other information will be considered. Your nomination package must include answers to all of the following questions: Briefly outline your nominees personal achievements both paid and unpaid. 200 words maximum (15 points) `Deadline_ Thursda 2. How has your nominee broken new ground or overcolile barrieis ?.How has she been an agent for change in her field? 200 words maximum (15 points) 3. Give specific examples of how your nominee has enhanced the lives of.people in 200 words maximum (15 points) 4. 'What changes has your nominee made or influenced and`howahave these influenced locally, provincially, nationally or internationally? 200 words maximum (15points) 5. What impact has the leadership of your nominee had on other 200 words maximum (15 points) community: Because your nomination package is photocopiedfor each member IA the jury please: Use 8 1/2 x 11 inch paper one side only Submit only typed copies of the answeis to the nomination :questions, Nomination packages :should be no'more than a max unutri pf 10 pages._including clippings 3 Photocopy clippings ortape them to a piece of.81/2 x 1J in h paper, making the name of the publication and th'e date of tfietchpping are egible: Do not use staples Do not package your submission iii r use paper clips only The YWCA Women of Distinction nominee is a woman who has distinguished herself by her personal achievements, her community commitment and her contribution to the advancement of women. Rooted in Niagara, her impact may be local, national or international. Categories (please choose one) Name: City: Home Phone: Title: Name: City: Home Phone: Title: I /we, Arts and Culture Health and Wellbeing Public and Community Service Trades, Professions and Entrepreneurship cyK Mail or deliver to: (please print) Address: Postal Code: Education, Training and Development Public Affairs and Communication Science and Technology Company Name (if applicable): Work Phone? Nominee resides and has been a resident in the Niagara Region for at least a year This Nomination Package includes: Nomination form completed and signed by nominee and nominator Typed answers to the six nomination questions Letter of reference or support (max. 3) Two 5x7 coloured photographs, head and shoulders only Address: Postal Code: Company Name Of applicable): Work Phone: Mn t' f istin on wards ase print) have received permission from (nominator's signature) (nominee's signature) to nominate her and to use her photograph for Women of Distinction publicity. Women of Distinction Awards c/o YWCA Niagara Region 183 King St. St. Catharines, ON L2R 3J5 The deadline for nominations is Thursday, March 20th, 2008 4:00 p.m. Nominations must be received by this deadline. Nominations may be submitted by regular mail, courier, fax, or hand delivered. For more information, contact the YWCA Niagara Region, 905-988-3528, ext. 237 For allonbillliition Packs ge or for \lore'Information Please call (905) 988 3528 e •.ir IoLn j i I .<7 anf"r"rnccC T14d1A AI I 1 .Artti tnd nIture'I Education, Traiiinn bi'ti., I lc iltNan id 11e11being Public:Af a r 111An public a !d5, o r e mti (nntnnut} Serl; x�:�cien'� T 'ia d T �`��"i'�' Ira de:g p,i rri l 15an NOr1i111e CS frpm y ea rs are el igibielo tittlO Illation N'I;AGARA REGION ANNOUNCES THE !NATIONS E.:2.9p 8: ction Hon. Steven W. Mahoney P.C. Chair President du Conseil NI AG. FALLS CLERKS '07 7 416- 344 -4451 416-344 -4451 Mayor Ted Salci 1 -800- 387 -0750 1 -800- 387 -0750 y Fax: 416- 344 -4969 Telecopieur_ 416- 344 -4969 The City of Niagara Falls TTY: 1- 800-387 -0050 ATS: 1- 800-387 -0050 Box 1023, 4310 Queen St., Niagara Falls, ON L2E 6X5 Tuesday, November 27, 2007 Re: Community Workplace Health and Safety Charter The Road to Zero Request to appear before the City of Niagara Falls Council Dear Mayor Salci, As you know, the Workplace Safety and Insurance Board successfully introduced the Community Workplace Health and Safety Charter at the AMO Conference in August of this year. I was very pleased with the enthusiastic reception this initiative received. We know successful workplace safety "begins at the top" and as leaders in the City of Niagara Falls, you have shown your commitment to this principle through your municipal, corporate workplace safety efforts. The Community Workplace Health and Safety Charter offers your Council an opportunity to build upon this success by championing exemplary workplace safety practices for all employers in your community I am writing to request an opportunity to appear before the Council of the City of Niagara Falls to present the principles supporting the Charter and to encourage your Council to support this most worthwhile undertaking. It is only through the continued Leadership of municipalities such as the City of Niagara Falls that all sectors of Ontario's economy will benefit from improved workplace heath and safety practices. I look forward to meeting with your Council to introduce the Community Workplace Health and Safety Charter. Mr. Brian Johnston of my office will contact your municipal Clerk to arrange a convenient time to for me to appear before Council. Thank you, Mayor Salci, for your support for our journey on the Road to Zero. Sincerely, The Hon Steven W. Mahoney P.C. hair c.c. Mr. Dean Iorfida, Clerk, City of Niagara Falls ONTARIO 200 Front Street West Toronto. Ontario Canada M5V 3J1 Workplace Safety Insurance Board Commission de la securite professionnelle et de ]'assurance mntre les accidents du travail 200, rue Front Ouest Toronto (Ontario) Canada M5V 311 Dean Iorfida RE: Fwd: WSIB Road to Zero Deputation Request WitMCIalE nra- s:a.14. sar .a*.ZESRflraTCEICP;; s vie .a: oar as 143- z: ours From: To: Date: Subject: Attachments: Thanks Dean "Brian Johnston" <brian.jolnston @sympatico.ca> "Dean Iorfida <diorfida @niagarafalls.ca> 1/7/2008 10:48 PM RE: Fwd: WSIB Road to Zero Deputation Request Charter8.5x11.pdf As promised, here is some additional information regarding the Charter and thanks again for your assistance in setting up Chair Mahoney's presentation of the Workplace Health and Safety Charter to the City of Niagara Falls Council on March 17th Chair Mahoney, the Board of Directors and senior staff of the WSIB (Workplace Safety and Insurance Board) believe that, as community leaders, the Council of the City of Niagara Falls has an opportunity to strengthen the awareness of superior health and safety practices throughout their municipality. Municipal Council Members are in the unique position of being able to demonstrate to the employers in their community that an investment in workplace health and safety prevention reaps real, bottom -line benefits. By supporting the Community Workplace Health and Safety Charter, Council visibly demonstrates its commitment to the welfare of the employers, employees and the families who live and work in the City of Niagara Falls. The Charter is based on ten important principles as presented below. 1. Council accepts that all injuries are preventable in their community's workplaces. 2. Council supports those managers who are responsible and accountable for workplace safety in their community's workplaces. 4. Council supports the principle that safety must be a condition of employment in its community's workplaces. 6. Council acknowledges that workplace safety is good business and sustained injury prevention adds to their community's economic competitive advantage. Page 1 of 4 3. Council supports continuous improvement of workplace health and safety practices in order to achieve excellent safety performance in their community's workplaces. 5. Council supports meaningful, mandatory and ongoing workplace health and safety training for employees in its community's workplaces. 7. Council accepts off the -job safety as an integral part of their community's overall health and safety effort. file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \4782AC54Domain... 1/8/2008 8. Council supports employers who integrate workplace safety as a core value of their company, its management and employees. Page 2 of 4 9. Council accepts that acknowledged safety deficiencies require immediate action to eliminate hazards in their community's workplaces. 10. Council accepts that eliminating all workplace hazards may be challenging but that effective safeguards can and must be implemented to eliminate injuries and /or occupational illnesses in the community's workplaces. The WSIB is committed to eliminating workplace injuries in Ontario the Community Workplace Health and Safety Charter is one a number of important initiatives, including very successful social marketing and young worker campaigns, that are designed to raise awareness and (ultimately) change attitudes about workplace health and safety we want to create a 'national habit' of workplace safety. Chair Mahoney was a former City and Regional Councillor in Mississauga, and is keenly aware of the leadership roles and influence local elected officials can and often do have within their community. The City of Niagara Falls Council's support of the Charter is, therefore, an effective way of getting the message out that "there really are no accidents in Ontario workplaces" it is through the leadership of community's such as the City of Niagara Falls that we, together, can eliminate needless and tragic workplace incidents throughout Ontario. The following resolution has been adopted by those municipalities supporting the charter as you will see; it reflects the wording of the Charter itself Whereas the Council of the Corporation of the City of Niagara Falls recognizes the principle that engaging senior community leadership in all sectors is fundamental to ensuring real change occurs in eliminating workplace injuries in our community and Whereas the Council of the Corporation of the City of Niagara Falls accepts that effectively managing workplace health, safety and wellness is essential for our community's continued social welfare and economic success and Whereas the Council of the Corporation of the City of Niagara Falls recognizes that the involvement of all sectors of our community at every level in the workplace is a prerequisite to eliminating workplace injuries in the City of Windsor. Therefore be it resolved, That the Council of the Corporation of the City of Niagara Falls supports the Workplace Safety and Insurance Board's Community Workplace Health and Safety Charter and further, That the Council of the Corporation of the City of Niagara Falls is committed to actively participating file: /C:\Documents and Settings \di202\Local Settings Temp \XPgrpwise \4782AC54Domain... 1/8/2008 within a learning community that provides and receives best practices for the enhancement of employee physical, social and mental wellbeing in all employment sectors within our community. I hope this assists in clarifying the principles behind the Charter Dean, however, should you have any questions or require further clarification please do not hesitate to contact me. Best Regards, Brian Johnston E -mail: brian.johnston@sympatico.ca Phone: 416 659 -9783 From: Dean Iorfida mailto :diorfida @niagarafalls.ca] Sent: Monday, January 07, 2008 3:10 PM To: Brian Johnston Subject: Re: Fwd: WSIB Road to Zero Deputation Request Brian: I've got the one page request letter but if you have other info you would like our Council to have for March 17th, drop me an e-mail and I will include it in their agendas. Cheers Dean Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905- 356 -9083 (Fax) "Brian Johnston" <brian.johnston @sympatico.ca> 1/7/2008 3:04 PM Dean, Great did I send you the background info having a bit of a brain phart here on the road so I can't check my computer Brian Johnston Communications BlackBerry Device Original Message From: Dean Iorfida <diorfida @niagarafalls.ca> Page 3 of 4 file: /C:\Documents and Settings \di202\Local Settings Temp \XPgrpwise \4782AC54Domain... 1/8/2008 To: brian.johnston @sympatico.ca <brian.johnston @sympatico.ca> CC: Trent Dark <tdark @niagarafalls.ca> Sent: Mon Jan 07 14:57:31 2008 Subject: Fwd: WSIB Road to Zero Deputation Request Hi Brian: Got your voice mail confirming March 17th. Thanks Dean Dean Iorfida 1/4/2008 3:05 PM Brian: Further to our phone call and the letter sent by the Hon. Steven Mahoney P.C. regarding the Community Workplace Health and Safety Charter, please be advised of the following Niagara falls City Council meeting dates for the next few months: January 28 February 25 March 31 April 28 May 28 February 11March 17April 14 May 12 Meeting times are at 7:00 p.m. Let me know which date works best. Regards Dean Dean Iorfida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905- 356 -9083 (Fax) Page 4 of 4 file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \4782AC54Domain... 1/8/2008 'HEMt$I CAW TY OFT li VEN :I LI• 1711: n�UNICII :1T.1 "fY ('Ii(IuiS(:S tllc I) ri en1::LIp11y scnini conlrnunit.\ lea:dersltip..1' IU(1Uinti.i:t:1 rO C :xu iitl;.rcal (1) IIi e (i,:LtirS in liniinatu}g \v(pi'l:placr injuries 111 'inn' inn11 11111 it:F.. `1lie:M1i111icij)alit nt'I'rci:c.I: itsiIL:leccliNthat- c.!licti cic.:nan:i inL&■vl)rl <place ilealtliisafet\_.u1kd wellne is ci,sc.ntial (b):OLI ILi.)111 lit i ulr\t:s continued social X1111( ;r;mi u,1c +s. The \l0111 ip:IItt' ()I pub, efll It il!, tico (hilt tlic I1t'ORt101 flt (11 ;111 ;ectoi's of oul ,orttniti111 \'at c:CCl\ Icv�l.ir d1 d x,�>l,lcc'I 1 piL cqui itc to clintinatin t (nia lci i';injiuic :111 tlic N4ilnlcii)ziliitiol frc\:c111 icvillc• n 51 Gbic (.OA(�1UNIT ii lid: i'1 to li 'All if' SAFETY (.itAR'I'1'.It. Fill' tunici ?1Iil\'iifPn \(ntltc'ili( is nialanga pubic o> to:tctiiucl\ ti, li at,v wihii): ikn flin coninuutit v that pioth,lL. receives best p 1LCites L 15 I IR ,nh;!hccnx of imp:)i•ccpll\vlcal socl,tll and mental well- I.) 111 .tl llhl A I ci )1'S yClrlllno6 rtomI11llllllA'.' i Dean Iorfida RE: RE: Downtown deputation March /7 m From: "Gross, Ulrike I" <UGross @ciminelli.com> To: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 3/10/2008 3:52 PM Subject: RE: RE: Downtown deputation March-td I 1 CC: <downtown @melaniemullen.com> Hi Dean: The performers will he: Carl David Onofrio Brandon Agnew They will be introduced by Melanie Mullen of Celebrate Old Downtown. They will be performing "Our Downtown Sorry for the delay. Regards, Ulrike Ulrike Gross P.Eng. MBA Managing Director Ciminelli Real Estate Corporation of Canada 4673 Ontario Ave. Suite 201 Niagara Falls, ON L2E 3R1 Office: (905) 356 -9059 Fax: (905) 356 -1546 Cell: (905) 988 -2271 Original Message From: Dean Iorfida mailto:diorfida ©niagarafalls.caj Sent: Monday, March 10, 2008 10:34 AM To: Gross, Ulrike I Subject: Fwd: RE: Downtown deputation March 10 Hi Ulrike: Do you have any names of whom will be speaking or introducing the presentation. I'd like to have it today so the names can be listed on our agenda. Thanks Dean Dean Iorfida 3/4/2008 4:11 PM Hi Ulrike: One of the deputations contemplated for the 17th has been put off; therefore, I can squeeze you in for the 17th. Who actually will be speaking or appearing on the matter? Page 1 of 5 file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \47D55952Domai... 3/10/2008 "Gross, Ulrike I" <UGross @ciminelli.com> 2/29/2008 4:06 PM Hello Dean, Page 2 of 2 The downtown BIA would like to have the opportunity at the March 10 council meeting to showcase the winners of our IDEA challenge. We have a couple of musicians who will sing their downtown song and a young woman who will read her written ad for the downtown. Please advise if we can do this on March 10. We would like to do it relatively early if possible. I believe it will be enjoyable for everyone and won't take more than the allotted 10 or 15 minutes. Regards, Ulrike Ulrike r. Gross, P.Eng. MBA Ciminelli Real Estate Corporation of Canada 4673 Ontario Avenue, Suite 201 Niagara Falls, ON L2E 3R1 (905) 356-9059 Fax: (905) 356 -1546 Cell: (905) 988 -2271 www.ciminelli.com file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \47CD5250Domajn:.. 3/4/2008 March 17, 2008 P112008 -24 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara�alls C A N A D A Re: PD- 2008 -24 AM- 3112005, Official Plan Application for Conversion from Industrial to Residential Applicant Sentex Development West of Montrose Road and East of Garner Road, North of Brown Road and South of he Hydro Corridor, Niagara Falls (Lots 198 and 199) RECOMMENDATION: That the application to amend the Official Plan be approved as modified to retain an Industrial designation for lands located within the 1,000 metre (3,280 foot) Potential Area of Influence of the MOE Guidelines from the Cytec Canada lands. That the Official Plan amendment be approved subject to wording mapping to be agreed BACKGROUND: upon by the City, Sentex Developments Cytec. Proposal Sentex Developments Inc. has submitted an application for the conversion of approximately 66 hectares (185 acres) of vacant lands from industrial to Residential and Environmental Protection Area (EPA). The EPA designation would applytothe Provincially Significant Wetlands and the segment of Warren Creek located on the lands. The proposed amendment is part of the overall development of the Warren Woods Community which would ultimately consist of 1,000 1,375 dwelling units with a mix of retail, community, recreational and office uses. The Community includes the recently approved Warren Woods Draft Plan of Subdivision located north of the subject lands, and 15 hectares (37 acres) of land along the east side of Garner Road that is to remain Industrial and ultimately developed into a recreational use complementary to the residential development. Approximately 9 hectares (22 acres) of land fronting onto Montrose Road is also to remain Industrial. The Community will be part of a future Secondary Plan for an area extending from McLeod Road south to Brown Roadkand:from Garner Road eastward to Montrose Road. Cfr 110!0ieentreet t. Working Together to Serve Our Community Community Servtces Department Planning Dave March 17, 2008 1111111// uunR nunN Warren Creek Realignment Warren Woods Community lands Prnhndal y Significant Wetlands Site Conditions and Surrounding Land Use PD- 2008 -24 A significant portion of the subject lands is covered with Provincially Significant Wetlands and a wooded area is located on the northeast corner of Kalar and Brown Roads. The remainder of the lands are currently used, or have been used in the past, for agriculture. The lands are relatively flat and drain southeast through Warren Creek to the Welland River. The lands adjacent to the subject area to both the north and south are primarily vacant with wetlands. Two salvage yards with outside storage are located north of the lands, one on Kalar Road and one on the west side of Garner Road. Further to the northeast is Niagara Square and the industrial/commercial surrounding it. To the southwest is Cytec Canada and its surrounding lands. A vacant hydro corridor runs in a west -east direction from Garner to Montrose Road along the northerly limit of the subject lands. Circulation Comments The proposed amendment was circulated to City Divisions, other agencies and adjacent property owners and their comments are highlighted as follows: Regional Municipality of Niagara It is preferred that the adoption of this amendment be concurrent with the more detailed Secondary Plan to be prepared by the City for the broader neighbourhood. March 17, 2008 3 PD- 2008 -24 It should be assured that existing and future industrial uses would not be compromised by the residential designation. A study should be undertaken to determine an appropriate separation distance for the residential area from the Cytec Plant. The Environmental Protection Area designation should include the wetlands as well as the deer wintering area (woodlot) at the northeast corner of Kalar and Brown Roads. Planning Review The amendment will require Regional adoption. Municipal Works No objections as servicing is anticipated to meet studies underway (*these studies have since been completed and the work contracted out). A traffic impact study is needed as well as road widenings and daylighting triangles for all intersections. Parks, Recreation and Culture Plans showing recreational trail linkages with the Garner Neighbourhood Secondary Plan are requested. The wetlands and stormwater detention lands are to be integrated into the greenspace system. Niagara Peninsula Conservation Authority A Secondary Plan process, followed by a detailed Official Plan amendment, is preferred. A hydrogeologic investigation for groundwater is required through the Secondary Plan process. Detailed studies on the required buffers from natural heritage features are needed to define developable areas. Thomson Rogers, Representatives of Cytec Canada Inc. "Cytec They are concerned with permanent overnight residential use within the vicinity of their industry. The letter submitted by J. Wilker of Thomson Rogers on behalf of Cytec is included this evening's agenda. The purpose of the subject application is to remove the industrial designation currently applying to the subject lands. Subsequent to the requested redesignation, detailed land use designations and policies are to be developed through the Secondary Plan process which will be adopted as a further amendment to the Official Plan. March 17, 2008 4 PD- 2008 -24 The proposed development is supported by Provincial Policy initiatives. The Provincial Policy Statements (PPS) and the Growth Plan for the Greater Golden Horseshoe both require that municipalities plan for the protection and preservation of employment areas for current and future economic opportunities. Consequently, both documents only allow municipalities to permit the conversion of employment areas to non employment where a municipally initiated comprehensive review has demonstrated that the land is not required for employment over the long term and there is a need for the conversion. In October 2007, the City approved the recommendations of the Comprehensive Review of Employment and Residential lands, prepared by urbanMetrics inc., regarding the conversions of certain employments lands. The study concluded that, based on the population projections contained in the Growth Plan, the City should be expanding its supply of residential lands to accommodate projected growth. The study also concludes that employment will continue its historical transition towards the service oriented employment and away from heavy manufacturing and, as a result, that there is an oversupply of vacant industrial lands. The urbanMetrics inc. study has concluded that the conversion of the Warren Woods lands from Industrial to Residential (with the exception of the lands fronting onto Montrose Road, further discussed below) is in compliance with the findings of the Comprehensive Review and thus supports the need for additional residential lands within the City to maintain a 10 year supply as needed under the PPS. Council requested staff to move forward with the Official Plan change. The proposal conforms to the Residential policies. The Official Plan states that residential development should occur in a manner that is compatible with the surrounding neighbourhood, incorporates amenity features and is sufficient to accommodate anticipated population growth through housing types and densities. The subject lands are positioned to develop into a complete community with easy access to shopping (Niagara Square, among other sites); community infrastructure such as schools and the MacBain Centre); and employment lands. It also has direct access onto two arterial roads, Montrose and Kalar Roads, that will contribute to the design of an efficient road and transit system to service development. Council recently granted draft approval to the Warren Woods Plan of Subdivision located directly north of the subject lands. These lands were designated Residential in the Official Plan and, along with lands extending west of Garner Road to a tributary of Thompson Creek, formed part of the Garner Secondary Plan which was adopted by Council in 1997. The extension of the residential community south of the hydro corridor would be a logical extension of the Garner Secondary Plan and the approved residential uses. March 17, 2008 5 PD- 2008 -24 The Official Plan requires that any amendment to the Plan be in compliance with a Comprehensive Review prepared by the City when considering the conversion of employment lands to non employment uses. As discussed above, the urbanMetrics inc. Comprehensive Review of Employment and Residential lands for the City has been completed and supports the conversion of these lands to residential use. a) Industrial Compatibility The Industrial policies of the Official Plan recognizes that industrial areas that are exposed to controlled access highways and heavily travelled arterial roadways are particularly suited for those industrial uses that require high visibility. Similarly, the urbanMetrics inc. report recommended that the Industrial lands fronting onto Montrose Road, directly north of the Montrose Business Park, should remain industrial because of its exceptional exposure to the QEW which makes it some of the most valuable employment lands in the City. The retention of the 9 hectares (22 acres) of land along Montrose Road as Industrial conforms with the Official Plan policy and is consistent with the Growth Plan which encourages municipalities to preserve urban lands in the vicinity of existing major highway interchanges for employment uses. The appropriate setback distances between existing industrial uses and potential future industrial uses on neighbouring lands will be set through the appropriate studies required as part of a Secondary Plan to ensure compatibility. The Ministry of the Environment (MOE) guidelines provide for a minimum distance separation of 300 metres (984 feet) between a Class III (Heavy) Industrial use (Cytec) and a sensitive land use such as residential. A 1,000 metre (3,280 foot) Potential Area of Influence or Actual Influence Area is calculated from the lot lines of the industrial use. The development of a sensitive land use either within 1,000 metre area of influence or an extension beyond the 1,000 metres must be substantiated by evidence through the appropriate studies. These guidelines are applied for land use purposes under the Provincial Policy Statements. A 1.09 km (3,576 foot) setback has been used for previous City developments at Grand Niagara and Heartland Forest. In both of these developments, overnight accommodation was designed to be outside of the 1.09 km buffer. The representatives for Cytec Canada have requested that, at a minimum, the 1.09 km setback from Cytec's land holdings be used, and that possibly more than 1.09 km should be applied because of the overnight accommodation of the Warren Woods proposal. The applicants have proposed to retain 15 hectares (37 acres) of land fronting onto Garner Road closest to Cytec's land as Industrial. Some of this area is within the distance separation setback applied by Warren Woods based on MIAC (Major Industrial Accidents Council) Guidelines from 1997. The setback is based on industrial risk assessment and is calculated as 2 km from the point of origin which are the phosphine tanks on the Cytec lands. March 17, 2008 6 PD- 2008 -24 The 15 hectares (37 acres) proposed to be protected by Warren Woods is outside of the minimum setback of the MOE Guidelines but within the Potential Area of Influence. Residential use within the Potential Area of Influence must be supported by the appropriate studies. Warren Woods has not produced these studies to date and Cytec Industries has not produced studies supporting the expansion of the Area of Influence. Consequently, the lands within the 1,000 metre (3,280 foot) Potential Area of Influence should remain designated Industrial. A change to this setback is subject to Regional Approval (as the delegated authority for the MOE) and can be further reviewed through the Secondary Plan process. Appendix 1 highlights the subject lands and setbacks from Cytec. b) Natural Areas Several Provincially Significant Wetlands and a segment of Warren Creek are located within the subject area. An Environmental Constraints Study submitted by the applicants identifies these features as well as a deer wintering yard in a wooded area northeast of the intersection of Kalar and Brown Road and recommends their protection through the development. In November 2007, Council approved the final report and recommendations of the City's Warren Creek Watershed Implementation Plan which include the relocation of the segment of Warren Creek between McLeod Road and Kalar Road to provide stormwater outlet for the area. The wetlands are currently designated Industrial in the Official Plan and an Environmental Protection Area (EPA) designation is applied to the current location of Warren Creek. The redesignation of the realigned portion of Warren Creek, the wooded area and the wetlands to an EPA designation would comply with Official Plan policies. To further protect these features, the amendment would need to prohibit development within the EPA designation until more detailed studies are produced through the Secondary Plan process. 3. Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System The City has completed its Warren Creek Watershed Master Plan and contracted work out for the construction of sewer and water services for the area. Work on the pumping station located on the southeast corner of Brown and Kalar Roads has started and is expected to be completed by early to mid fall of 2008. The realignment of Warren Creek will provide the storm water outlet for the subject lands as well as the lands north to McLeod Road. An environmental study report has been completed for the realignment and the City has now moved into the detail design stage. 4. Development Through a Secondary Plan The use of Secondary Plans is encouraged through the Official Plan for larger areas to ensure appropriate and efficient development of areas from a land use perspective and are to he coordinated with servicing studies in advance of March 17, 2008 7 PD- 2008 -24 F.Berardi:yb Attach, development. As noted above, servicing studies have been completed and work is commencing. The ultimate development of the Warren Woods lands will be guided by a Secondary Plan that will be adopted as an amendment to the Official Plan. The Secondary Plan will detail design policies and densities, the location and areas of land uses, servicing and public utilities, community infrastructures such as fire services, schools, parks, and trails, road patterns and natural heritage protection. The design of the proposed development will be in conformity with the density targets and sustainable design objectives of the Growth Plan. The requested amendment to facilitate the conversion of the industrial lands is a preliminary step prior to the approval of the Secondary Plan. As such, the amendment will have to restrict any development within both the Residential and EPA designations until the Secondary Plan, with all its detailed studies, is complete. A clause is to be included within the Official Plan amendment to provide for the rezoning of the subject lands to a "Development Holding (DH) Zone" to prohibit any development prior to the completion of the Secondary Plan so that future development patterns and targets are not compromised. CONCLUSION: The proposed residential use of the lands can be supported on the condition that development not occur until completion of a Secondary Plan. The proposed amendment can be supported as modified to retain an Industrial designation for lands located within the 1,000 metre (3,280 foot) Potential Area of Influence of the MOE Guidelines from the Cytec Canada lands. A reduction or increase to this setback could be considered where supported by acceptable studies through the Secondary Plan process. Recommended by: Alex H rlovitch, Director of Planning Development Approved by: Ed Dujlovic, E cut ye Director of Community Services Respectfully submitted: e ar -John MacDonal Chief Administrative Officer S:1PDR■20081PD- 2008 -24, AM -31 -2005, Sentex Developments, Conversion from Industrial to Residential.wpd APPENDIX 1 FEB 25 -2008 10:28 THOMSON ROGERS LAW Thomson Rogers SENT BY EMAIL and FAX February 22, 2007 Ms. Francesca Berardi City of Niagara Falls Planning Department P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Ms. Berardi: Re: AM- 31/2005, Official Plan Application Sentex Developments West of Montrose Road and East of Garner Road, North of Brown Road and South of the hydro Corridor, Niagara Falls (Lots 198 and 199), in the Former Township of Stamford Conversion from Industrial to Residential Cytec Canada re Warren Woods Our File No. 050225 416 868 3134 P.002/007 Jeffrey J. Wilker 4I5- 868 -3118 jwilker@thomswirogers.com We are the solicitors for Cytec Canada Inc. "Cytec") with respect to the above proposal. We ask that this letter be provided to Council for its consideration as part of the public meeting process. We have received correspondence from you dated February 4, 2008 requesting comments by February 22, 2008. We have also received a copy of the City of Niagara Falls "City Notice of Public Meeting published in the Niagara Falls Review from Cytec which has a date of March 3, 2008 for comments. We do not understand why Cytec is being requested to meet a stricter timeline than the rest of the public; and we reserve the right to file additional comments as may be required in accordance with the Notice of Public Meeting. B A R R J S T E R S A N D S O L I C I T O R S SUITE 3100 i 390 BAY STREET TORONTO, ONTARIO CANADA MSH 1W2 FAX416888 -3134 TEL. 416868.3100 PER 10:29 THOMSON ROGERS LAW Thomson Rogers -2- 416 868 3134 P.003 /007 We understand that the public meeting will consider the redesignation of 75 ha of vacant lands from Industrial to Residential, together with an additional 40 ha of land that will remain Industrial. Subject to further review of' the nature of the "Industrial" proposal, i.e. that the proposed uses remain legitimately industrial, Cytec concerns are focused on the residential redesignation, to which it objects. Cytec owns approximately 1000 acres north of the Welland River. Its lands front on Garner Road. Cytec operates its phosphine plant from this location. Cytec wishes to ensure that any re- designation being approved in the vicinity of Cytec, such as the proposed re- designation, does not compromise the ability of Cytec to utilize pits lands for the Heavy Industrial uses for which its lands are designated and zoned, including its phosphine plant. In the last number of years, Cytec has accommodated proposed resort development in its vicinity, i.e. Heartland Forest Niagara and Grand Niagara, by agreeing to a radius restriction and a height restriction being imposed on overnight accommodation in those two developments. At a minimum these protections would have to be secured from any expansion of the Warren Woods development. However, there is a more fundamental issue. Cytec is of the view that this :proposed re- designation differs from the prior resort developments and prior Zoning By -law Amendment and Plan of Subdivision applications for the Warren Woods development in that it seeks to enlarge the scale of permanent residential uses in the vicinity Of Cytec, and such enlargement of the scale is major. Therefore, Cytec has outstanding significant and substantial concerns regarding the proposed re- designation being outlined in the Notice. The City has a long established industrial precinct, including the Cytec lands, in this area of the municipality. For instance, the Cytec property has been utilized for Heavy Industrial purposes since World War II. It is respectfully submitted that the City should be doing its utmost to maintain and enhance the industrial designations and should not permit encroaching residential land uses onto industrial/employment lands. In its recent initiatives, the Province has introduced greater protection against the conversion of industrial/employment land uses to residential uses. In light of those initiatives and the changing planning dynamic, it is Cytec's view that the City should not support the expansion of any additional residential designation as proposed by the applicant. We note that by not granting any additional residential designations, there remains an opportunity to ensure that the additional lands of the applicant are utilized and continue to be utilized for employment land uses, permitting a transition of uses between residential in FEB 25 -2008 10:29 THOMSON ROGERS LAW Thomson Rogers -3- 416 868 3134 P.004/007 the north and west and the industrial designations, including the Cytec lands We also disagree with the concept that the industrial land uses should remain along the frontage of the QEW, to utilize that exposure. That concept fails to consider the opportunities to provide transition between industrial land uses from residential land uses, by maintaining a comprehensive and cohesive industrial precinct, rather than fragmenting the uses. It should be of utmost importance to the City to preserve and protect its existing industrial land use base, and maintain the vitality and vibrancy of this industrial precinct, together with associated assessment revenues to the City. It is recognized that there is an existing draft plan approved subdivision owned by the Warren Woods' developer in the vicinity of these lands. Last year revisions to that much smaller development were considered by City Council and approved by City Council. Cytec appealed the matters to the Ontario Municipal Board. Through cooperation between the developer and Cytec, the matter was settled, on the specific understanding that it did not prejudice Cytec rights to object to this much larger redevelopment. One of Cytec's prime concerns was and remains that this historic draft plan of subdivision, which in Cytec's view was wrongly sited for residential development, would be utilized as a justification for the expanded much larger redevelopment. Such an approach is totally without merit and should not find favour with City Council. For instance; if one was planning Silvertown in the present planning context, one would not have designated and zoned industrial uses cheek by jowl with residential development. As such, the prior historic residential designation of Warren Woods should not be relied upon as the wedge upon which this re- designation is justified. Designations erroneously made in the past should not promulgate further planning errors. On this basis we maintain our client's continued objection to the proposed re- designation. On October 15, 2007, we wrote to City Council regarding the urbanMetrics report. A copy of that correspondence is attached for your reference. Therein, we outlined our client's concerns with the approach taken by urbanMetrics inc. in its report to Council that is being relied upon to support the proposed re- designation. In its consideration of the urbanMetrics report, City Council amended the conclusions of the report by considering the inclusion of additional lands for residential land uses. This changes the land supply analysis of that report, and revises any conclusions regarding the appropriateness of the Warren Woods lands for residential designations. In other words, City Council's actions with respect to its consideration of urbanMetrics report means that the urbanMetrics report cannot be relied upon by this application without, at a minimum, further analysis and study being undertaken by the City through its consultants. Given these concerns, it is our respectful submission that further study and further consultations with stakeholders such as Cytec should take place before any re- designation should be further considered, if it is to be considered at all. FEB 25 -2008 10:29 Thomson Rogers We continue our request that the City ensures that Cytec continues to receive notification in this matter at the above address, together with providing notification directly to Cytec: attention of Ken Milo. Such notifications would include those required under the Planning Act. We have copied Mr. Iorfida, the City Clerk, on this correspondence to facilitate this notification. We trust the foregoing is satisfactory. Yours very truly, Jeffrey J. Wilker THOMSON ROGERS LAW 416 968 3134 P.005/007 Enclosure -4- cc: Alex Herlovitch, Director ofPlanning cc: Dean Iorfida, Clerk, City of Niagara Falls cc: Ken Milo, Cytec cc: T.A. Richardson, solicitor for Sentex Developments FEB 25 -2008 10:29 Thomson Rogers SENT BY Email October 15, 2007 Mayor Ted Salci and Members of Council City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci and Members of Council: Cytec Canada Inc. Report PD- 2007 -62 Urbanmetrics Report Our File No. 050225 THOMSON ROGERS LAW 416 868 3134 P.006 /007 Jeffrey J. Wilker 416- 868 -3118 jwilker@thomsonrogers.com We are the solicitors for Cytec Canada Inc. "Cytec with respect to this matter. We have had an opportunity to review the Urbanmetrics report, and consult with Cytec's consultant Hemson Consulting. We provide the following comments for Council consideration. Subsequent to that review, the collective conclusion was that the Urbanmetrics report is fundamentally flawed and does not provide the necessary framework for Council to proceed. Should City Council proceed on the basis of this report, the underpinning of any planning opinions are inadequate and incorrect. Urbanmetrics has failed to recognize the longstanding industrial precinct of which Cytec is a major landholder. The City has had a long history of loss of major industrial employers, and the Urbanmetrics approach continues to replicate this approach in the City. It is ironic that the City's long term failure to protect its industrial/employment land viability in the City is used, through statistics, as the justification for the removal of! additional industriallemployment lands. It is respectfully suggested that the City should encourage and strengthen its approach towards industrial/employment land developers rather than abandoning those persons. It is incumbent, and it is keeping with the Growth Plan and the direction mandated by the Province, that the City ensure that its remaining industrial/employment land uses remain viable and strong. To this end, it is necessary to ensure that the industriaUemployment BA R SUITE O UITE 3100 r STREET 390 BAY STREE TORONTO, ONTARIO CANADA M5H 1W2s FAX 416-568-3134 r TEL: 416488-3100 FEB 10:30 Thomson Rogers land precinct anchored by the Cytec property is not compromised by encroaching residential development as evidenced by the Warren Woods proposal. City Council should reject continued residential encroachment as contemplated by the Urbanmetrics approach, and instead should embrace a process that provides for strong and continued support for industrial/employment land uses in the City, with the attendant benefits of industriaUemployment land development and higher paying industrial/employment land jobs. We note that the methodology employed in the Urbanmetrics report is to merely review the existing applications to determine which industrial/employment lands should be converted to residential development. Such an approach is not a macro land use planning approach in the public interest, but is merely a simplistic analysis that does not bear merit, and which should not be supported by City Council. We ask that Council refuse to endorse the Urbanmetrics report and instead require that City Staff, together with Urbanmetrics (and Meridian) be required to have further consultation with affected stakeholders such as Cytec to ensure that the City does maintain, protect and enhance its industriaUemployment land use base for now and for the future. Anything less does not represent good planning. Yours very truly, Jeffrey J. Wilker JJW /pf THOMSON ROGERS LAW 416 868 3134 P.007/007 -2- cc: Alex Herlovitch/John Barnsley, City Planning cc: Dean Iorfida, City Clerk cc: Martin Lehman, Plant Manager, Cytec cc: Ken Milo, Environmental Co- ordinator, Cytec cc: Russell Mathew, Hemson Consulting cc: Thomas Richardson, solicitor for Warren Woods TOTAL P.007 Thomson Rogers SENT BY EMAIL March 7, 2008 Ms. Francesca Berardi City of Niagara Falls Planning Department P.O, Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Ms. Berardi: RECEIVED MAR 10 PLANNING DEVELOpA4Fa.:'. Jeffrey J Wilker 916- 868 -3118 jwilker@thomsonrogers.com Re: AM- 31/2005, Official Plan Application Sentex Developments West of Montrose Road and East of Garner Goad, North of Brown Road and South of the Hydro Corridor, Niagara Falls (Lots 198 and 199), in the Former Township of Stamford Conversion from Industrial to Residential Cytec Canada re Warren Woods Our File No. 050225 We are the solicitors for Cytec Canada Inc. "Cytec in this matter. We have now had an opportunity to review the draft Official Plan Amendment provided by the City. We are writing to advise that the draft document is not satisfactory to Cytec. We also wish to advise that there have been ongoing positive discussions with the applicant, and we are continuing those discussions. B A R R I S T E R S A N D S O L I C I T O R S SUITE 3100. 390 BAY STREET. TORONTO ONTARIO. CANADA MSH 1W2 FAX: 416 868 -3134. TEL 416 868 -3100 thomlonrugenn.COm 'L'I101iiso l Rogers We trust that the foregoing is satisfactory. Yours very truly, ;igairt Jeffrey J. Wilker JJW/dng 7 -2- cc: Alex Herlovitch, Director of Planning Dean Iorfida, Clerk, City of Niagara Falls Martin Lehman/Ken Milo, Cytec Canada Inc. Tom Richardson, solicitor for Warren Woods Feb. M. 2008 1:35PM REGIONAL PLANNING No. 2524 P. 1 Niagara Si Region PLANNING AND DEVELOPMENT February 27, 2008 Francesca Berardi Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: Re: RECEIVED FEB 2 8 2008 PLANNING DEVELOPMENT Official Plan Amendment Application for Warrens Woods Development City of Niagara Falls The above referenced application proposes the conversion of approximately 75 hectares (185 acres) of vacant land from Industrial to Residential. We understand that the original proposal has been modified by retaining approximately 9 hectares (22 acres) along Montrose Road, adjacent to the QEW, for industrial development. Regional Planning staff previously provided comments on this Official Plan amendment application in a letter dated September 26, 2007 (see attached). Our comments focused on the importance of completing growth management studies being undertaken by the City and the Region; the need to determine the viability and protection of other industrial lands or uses in the area and other important community planning issues that should be addressed through a secondary plan For these reasons it would be more appropriate to approve the application and then proceed with the adoption of the amendment concurrently with a more detailed secondary plan prepared by the City for the broader neighboourhood. If the City does choose to adopt the amendment for the Warren Woods development at this time, the following Provincial and Regional planning issues need to be addressed as minimum requirements. Secondary Planning Regional Planning staff recently provided comments to City staff on the draft text for the Official Plan amendment. The policies in the amendment will ensure that no development is approved for these lands until a secondary plan Is prepared for the area. This will provide more detailed direction on matters such as environmental protection, land use compatibility with nearby industrial uses, urban design guidelines, land use mix and densities, infrastructure needs, and phasing of development. Surrounding Industrial Lands Redesignating lands currently committed for industrial use may be reasonable to meet long term needs for housing, however, it is equally important to promote economic development for employment opportunities on the lands to remain in the designated industrial district. In this regard, the City should be confident that its objectives for industrial development in the Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4 Telephone: 905. 984.3630 Fax: 905 -641 -5208 E -mail: plangpregional.niagara.on.ra File: D.10.M.11.21 oflitLC.;` A A4 -m( (lt14,s ✓\J Feb. 28. 2008 1:35PM REGIONAL PLANNING No. 2524 P. 2 2 surrounding area will not be compromised by redesignating the subject lands for residential purposes. Compatibility with the remaining industrial district surrounding the subject lands is an important consideration in terms of protecting future residents from any potential adverse effects and to protect the planned function of the industrial area. The Provincial Policy Statement requires that major facilities (i.e. industrial uses) and sensitive residential uses be appropriately designed, buffered and/or separated from each other. The expansion of residential development into this area will reduce the types of industries that can be attracted to the surrounding area given Ministry of the Environment (MOE) guidelines for separating sensitive residential uses from industrial operations. Potential influence areas for industrial land uses where adverse effects may be experienced range from 70 metres (Class I: light industrial) to 1,000 metres (Class III: heavy industrial) based on the scale and nature of the industrial operation. Minimum separation distances recommended by the MOE range from 20 metes (Class I) to 300 metres (Class III) measured from the nearest industrial property line. We understand that Cytec Canada Inc. has raised concerns with the proposed conversion of industrial lands. Cytec is considered to be a Class III industry that requires the greatest level of separation and protection under the MOE's guidelines. Cytec has accepted a 1.09 kilometre separation measured from its property on Garner Road in the past (i.e. Heartland Forest and Grand Niagara developments). The applicants have retained the industrial designation at the southwest corner of their holdings in an effort to maintain a separation distance of 2 kilometres from Cytec's processing plant. The separation distance measured from the Cytec property line at the corner of Brown Road and Garner Road is approximately 750 metres which exceeds the 300 metre minimum setback of the MOE but is less than the potentiaf influence area of 1,000 metres, In order to resolve the concerns of Cytec, a study should be undertaken to determine an appropriate separation distance. From a Provincial planning and MOE perspective, this would be an air quality study (i.e. noise, dust and odours) that would focus on potential contaminant occurrences associated with normal operational practices and procedures. This could be undertaken as part of the secondary plan process which will get into more detailed land use issues and will require a further amendment to the City's Official plan. Environmental Protection Areas The proponent's lands contain some natural heritage features and natural hazards that include Provincially significant wetlands (PSW) and woodlands as well as fish habitat (Important -Type 2) and a floodplain associated with Warren Creek. An Environmental Constraints Analysis, prepared by L. Campbell Associates, has been submitted to provide a general assessment of existing site conditions. Although this is not considered to be an environmental impact study, it could form the basis of an environmental planning study required under the Region's environmental policies for the preparation of a secondary plan. A more detailed environmental impact study will be necessary when detailed development (i.e. subdivision) plans are submitted. In the interim, the proposed Official Plan amendment should designate existing environmental features as Environmental Protection Areas to be consistent with the Region's Core Natural Heritage Map. Figure 3 in the Environmental Constraints Analysis provides reasonable direction for this purpose as it identifies PSW's/woodlots and the Warren Creek floodplain as well as a deer wintering area (woodlot) at the northeast corner of Kalar Road and Brown Road. The exception is the proposed realignment of Warren Creek to the west of Kalar Road which we understand has been approved through an Environmental Assessment (EA) process to improve drainage in the area and should be designated as an Environmental Protection Area. Any related requirements of the Niagara Peninsula Conservation Authority (NPCA) on its regulated area should also be implemented. Feb. 28. 2008 1:36PM REGIONAL PLANNING No 2524 P. 3 Conclusion The Official Plan amendment will require the preparation of a secondary plan. Therefore, it is not exempt from Regional approval as indicated in the Memorandum of Understanding (MOU) between the Region, local municipalities and the NPCA. If the amendment is adopted by City Council, it must be forwarded to the Region for final approval in accordance with the requirements of the Planning Act along with the Regional review and approval fee of $1,800.00 to be paid by the applicants. We would also suggest that the draft amendment, including the proposed land use schedule, be forwarded to Regional Planning staff for review prior to presenting it to City Council for adoption. If you have any questions, please contact me for assistance. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner 3 c: A. Herlovitch, City of Niagara Palls R. O'Dell, 286 Riverview Blvd., St.Catharines, ON, L2T 3N4 D. Cherrington, Regional Public Works P. Bond, NPCA J. Welker, Thomson Rogers Barristers Solicitors, Suite 3100, 390 Bay St., Toronto, ON M5H 1W2 Councillor W. Smeaton M:WISWOROIPC \Niagara FallsWFopaSOPAwarren Woods.doc Feb, 23. 20103 1:36PM REGIONAL PLANNING No. 2524 P. 4 Niagara e Region PLANNING AND DEVELOPMENT September 26, 2007 John Barnsley Manager of Policy Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RECEIVED FEB 2 8 2008 PLANNING DEVELOPMENT Building Community. Building Lives. The Regionaf Municipality of Niagara 2201 St David's Road, P.O. Box 1042 Thorold, Ontario t2V 477 Telephone: 905 934 -3630 Fax 905 -641 -5203 F -mail: plaflt reg(onal.niagaraon.ca File: D.10.M.11.21 Dear Mr. Barnsley: Re: Official Plan Amendment Applications for Warrens Wood and Thundering Waters Developments City of Niagara Falls The City has completed a study for a "Comprehensive Review: Residential and Employment Land Needs Analysis' prepared by UrbanMetrics Inc, as part of a Growth Management Strategy that is underway. This included a peer review of the information submitted to justifythe above noted applications proposing the conversion of industrial (employment) lands to residential neighbourhoods. You have indicated that the results of this Comprehensive Review will be presented to City Council soon and that the applications to amend the City's Official Plan will be considered shortly thereafter. You further advised that secondary plans will be necessary either through site specific policies under the approval of the applications or through municipally- driven secondary plans that would consider the private applications as part of the planning process. The Regional Planning and Development Department prefers the later process for the following reasons. The City's land needs analysis concluded that there will be a long term deficiency in the supply of residential land and an excess supply of employment land. The draft study recommends that the two proposals to redesignate employment lands be considered when the City's. Growth Management Strategy is completed and "subject to appropriate servicing, site plan and environmental considerations The Comprehensive Review completed by the City only represents the first step of the Growth Management Strategy being undertaken by the City. Further, the Region's Growth Management Strategy is in progress which will confirm the allocation of growth, among other matters, for Niagara Falls and other municipalities in the Region. This will lead to changes to the Regional Policy Plan and local official plans in order to meet Provincial requirements for conformity with the Growth Plan for the Greater Golden Horseshoe. In the interim, the site specific,pianning applications to redesignate employment lands could move forward through the preparation of secondary plans for each neighbourhood. This process should be led by the municipality with input from the applicants and other stakeholders in the community: Further, the secondary plan process for the conversion of employment lands would also be in alignment with the comprehensive growth strategies being completed by the Region and the City as required in the Provincial Growth Plan. Feb. 28. 2008 1:36PM REGIONAL PLANNING 2 No. 2524 P. 5 1 1 Proceeding with the secondary plans up -front would go beyond the site specific applications and would be beneficial to: Define an area based on a somewhat broader neighbourhood boundary, not just lands owned by the applicants; Define more specific land use limits, particularly for environmental protection areas and the remaining industrial districts; Afford more opportunity for community engagement in developing plans that will build public support for tong term development in these areas; Provide more detailed evaluation of municipal infrastructure and community services to more accurately determine long term needs, financial commitments and development phasing; Consider land use compatibility between remaining industrial districts and proposed residential land uses; Develop strategies for dealing with brownfield sites in the Thundering Waters neighbourhood; Prepare sustainable land use planning policies and urban design guidelines. If the City proceeds to adopt the site speck applications, there will be further amendments required to the Official Plan for the approval of secondary plans. There may also be further amendments required to Schedule 'A' (Future Land Use Map) of the Official Plan given the need to consider other lands in the immediate area (not owned by the applicants) and to confirm the limits of industrial and environmental designations. Therefore, moving forward with the secondary planning process at this time would complete long range planning for these areas in a more comprehensive and timely manner. In the interim, the proponents each have other independent residential developments that have either been approved or are under consideration (Warren Woods subdivision and Thundering Waters Village condominium) on adjacent properties that could be developed as the first phases of these future residential neighbourhoods. The proponents have provided some of the necessary background information and some preliminary land use concepts that can be used to initiate these secondary plan projects and streamline the process. It would seem that the Warren Wood's secondary plan could move more quickly on the basis of the availability of servicing, the EA process being completed for drainage improvements and environmental review (Wan-en Creek Watershed Master Plan). The City should consider having a Technical Advisory and/or Steering Committees for the preparation of each of the secondary plans which should include representatives from the Region (Planning and Public Works). Engaging the community throughout the process will also be extremely important. In conclusion, there seems to be a demonstrated need to support the site specific planning applications for the conversion of designated industrial lands to meet long term requirements for residential growth. However, there are still important,community planning issues that need to be addressed for these prospective neighbourhoods as well as the completion of broader growth strategies that are in process for the City and the Region. For the above noted reasons, it would seem reasonable to support the site specific applications through the preparation of secondary plans to guide future development in an orderly manner. Feb. 28. 2008 1:36PM REGIONAL PLANNING No. 2524 P. 6 3 If you have any questions, please contact me for assistance. Yours truly, a- Da__ Peter Colosimo, MCP, RPP Senior Planner c: A Herlovitch, City of Niagara Falls D. Cherrington, Regional Public Works P. Bond, NPCA Councillor W. Smeaton M:MSWORD\PCVdiagara FaIIsWFopaINDS Policies and ZBLAdoc oe, vai<ovo iun tl:50 FAX 905 788 1121 Nia. Cons. Auth. 0 NIAGARA PENINSULA CONSERVATION A�� A ti T ti 0 R I T Y 25o Thorold Road West, 3rd Floor Tel (905) 788-3,35 Welland, Ontario L3C3W2 Fax (9o5) 788.1121 E -mall: npca®conservatIon- niagara.on.ra March 4, 2008 File MPR 4.18.32 Francesca Berardi, Planner 2 Planning and Development Dept. City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RECEIVED MAR 0 4 LC3 PLANNING DEVELOPM Dear Ms. Berardi: Subject: Application for Official Plan Amendment Warren Woods (Sentex Developments), Niagara Falls Your File AM- 31/2006 Niagara Falls PL /PW /FN IJ001 /002 AR l oaC Cle(\rzs J e Application is being made to enable conversion of approximately 75 ha of vacant land from Industrial to Residential. These lands are within a broader area which is the subject of a Secondary Plan process currently underway. It is the NPCA's position that the Secondary Plan process should be completed first, followed by a more detail Official Plan amendment for these lands. This would provide for a more comprehensive review of the larger plan area and its constraints, which would then facilitate a more detailed Official Plan amendment to reflect the proposed Warren Woods development. Notwithstanding, should the City wish to proceed with the OPA approval prior to the Secondary Plan, the following comments are offered. There are a number of natural heritage and natural hazard features affecting these lands including Warren Creek (and its associated regulatory floodplain and fish habitat) and the Warren Creek Wetland Complex, a Provincially Significant Wetland. In addition, a recently completed EA has been approved involving the relocation of a portion of the Warren Creek watercourse. The NPCA was involved in the EA process. As a result of these features, these lands are subject to regulation under the NPCA's "Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses" (Ontario Regulation 155106). The NPCA also has review responsibilities for Natural Heritage features through a Memorandum of Understanding with the Region of Niagara and our watershed Municipalities. Fisheries review iscondubted through an agreement with the Federal Department of Fisheries and Oceans. The following review and comments are made in this context. As part of the EA process, an Environmental Constraints Analysis was completed by L. Campbell Associates. Figure 5 of that report entitled "Existing Drainage Features and Constraints Areas" identifies the approximate PSW areas and existing drainage features. There are a number of small tributaries identified which discharge to Warren Creek. Of relevance to this application is Policy 2.2 of the Provincial Policy Statement which provides direction with respect to groundwater features. Specifically, Policy 2.2.2 states that development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. NPCA staff review relevant W atershed /Subwatershed Studies and Aquifer Management Plans when determining whether an application has been made in or near sensitive ground water features. if U.1/U4/2U08 TUE 11:50 FAX 905 788 1121 Nia. Cons. Auth. Niagara Falls PL /PW /EN la002/002 information is not available, the applicant may be required to prepare a hydrologic /hydrogeological study. The 2000 Warren Creek Watershed Master Plan provides some broad information in this respect noting that recharge is occurring from the creek to the groundwater. As part of the implementation strategy, the report stated "A detailed site specific hydrogeologic investigation in support of development applications should consider measures to attain an understanding of groundwater flow systems... These provisions are more appropriately implemented through policies at the Secondary Plan level, rather than through individual OPA's. The NPCA's Land Use Planning Policy Document (December 2007) states that development and /or site alteration will generally not be permitted within the adjacent lands of any wetland (30 m or 98 feet), unless the hydrological and ecological function of adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on natural features or their ecological functions. Development proposals may require the completion of an EIS or similar study and should utilize all opportunities for the protection and rehabilitation of the wetland feature. While it is acknowledged that the larger PSW features have been identified through the previous constraints analysis, completion of such studies (beyond the level of a constraints analysis report) will be important to determine the significance of these tributaries to the hydrologic function of the wetlands. In the absence of these studies, it is difficult to determine the extent of developable area to designate through an Official Plan Amendment, or the specific natural heritage feature buffer /limit to be protected. While draft OPA policy 14.XX.4 provides for refinement to the extent of the EPA lands, these tributaries have not been identified as EPA on the draft "Schedule A" to the amendment. Further, it is unclear as to the limit intended by the reference to "refinement'. We would expect that this does not include a redesignation of an area from residential to EPA. In summary, it is the NPCA's preference that the Secondary Plan process be completed, including the relevant studies noted herein, prior to any approval of the OPA. This will enable a proper evaluation and identification of the natural heritage feature limits upon which the OPA land use designations can be based. Detailed EIS work can then be completed at the subdivision /development /zoning stage. As discussed at previous meetings with City and Regional staff, there are various studies which have already been completed within and adjacent to the secondary plan area (and including the subject lands) which should be reviewed together and augmented. These include the Warren Creek Watershed Master Plan, the EIS for the recently approved Warren Creek EA, existing EIS work for the Heartland Forest development and the neighbouring Garner Neighbourhood. Trusting the enclosed to be satisfactory, please send notice of your Council's decision. Yours truly, Paul Bond Senior Watershed Planner (ext. 234) PEB cc: Regional Niagara Planning and Development Dept. 2 March 17, 2008 PD- 2008 -23 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraaaaaaaaaJalIs cnnA1)A Re: PD- 2008 -23 AM-36/2007, Zoning By -law Amendment Application 6455 Fallsview Boulevard, 6471 Stanley Avenue and 5896 6046 Dunn Street Applicant: 1712093 Ontario Limited (Carmen Menechella) 2100422 Ontario Limited (Carmen and Victor Menechella) Agent: Italia Gilberti, Broderick and Partners Permitting an Expansion to the Existing Fallsview Plaza Hotel and Allowing a Portion of the Required Parking to be Provided Off -Site 1. That Council approve the Zoning By -law amendment application to permit the redevelopment of the hotel on 6455 Fallsview Boulevard (Parcel 1), allow 31 of its required parking to be provided on 6471 Stanley Avenue (Parcel 2) and allow 47% of its required parking to be provided on 5896 -6046 Dunn Street (Parcel 3). 2. That prior to passage of the amending by -law, the applicant and the City execute the necessary Section 37 bonusing agreement to review streetscaping around Parcel 3. 1712093 Ontario Limited and 2100422 Ontario Limited have requested zoning amendments to three parcels of land identified as 6455 Fallsview Boulevard (Parcel 1), 6471 Stanley Avenue (Parcel 2) and 5896 -6046 Dunn Street (Parcel 3) as shown on Schedule 1. An expansion to the 18- storey Fallsview Plaza Hotel (formerly The Renaissance) on Parcel 1 is proposed, including 120 additional hotel rooms, restaurants and entertainment facilities. The requested amendment is to permit this expansion and to permit the majority of the required parking to be provided on Parcels 2 and 3. Schedules 2 and 3 show the details of the hotel development on Parcel 1. Schedules 4 and 5 show details of the parking lots on Parcels 2 and 3, respectively. Parcel 1 is zoned Tourist Commercial with site specific zoning provisions (TC -238), as varied by minor variances, that permit an 18- storey hotel and which temporarily permits required parking to be located off-site on Parcel 2. The applicant is requesting Parcel 1 to be placed under a new sit specific Tourist Commercial zone to permit the expansion of the hotel and allow 78% of -the hotel's parking to be provided off -site on Parcels 2 and 3. reet;P.O..Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development March 17, 2008 2 PD- 2008 -23 The applicant is requesting Parcel 1 to be placed under a new site specific Tourist Commercial zone to permit the expansion of the hotel and allow 78% of the hotel's parking to be provided off -site on Parcels 2 and 3. Site Conditions and Surrounding Land Uses 6455 Fallsview Boulevard (Parcel 1) An 18- storey hotel, with a drop -off area adjacent to Fallsview Boulevard and a parking area west of the hotel abutting to Stanley Avenue, are located on Parcel 1. The property slopes up to Stanley Avenue from Fallsview Boulevard. Due to this grade change, the parking lot is accessed from the second floor of the hotel. In addition, guests arriving at the hotel on Fallsview Boulevard must use the streets to access the on -site parking. Parcel 1 is surrounded by the Hilton Hotel development to the north, the Fallsview Casino to the east, an associated off -site parking lot (site of the proposed Hampton Hotel development) and a restaurant to the south and an associated off-site parking lot (Parcel 2) to the west. 6471 Stanley Avenue (Parcel 2) A parking lot exists on the entire parcel. It's use to supply a portion of the required parking for the hotel on Parcel 1 was established through a Committee of Adjustment application in 1991 (A- 25/91). This parcel is surrounded by the Fallsview Plaza Hotel (Parcel 1) to the east, the President Motor Inn to the south, the Lincoln Motor Inn to the north and a Hydro transformer station and works yard to the west. 5896 -6046 Dunn Street (Parcel 3) A parking lot exists on approximately half the property. The applicant has indicated the parking lot has around 800 parking spaces on it. The balance of the property is vacant or used for stormwater management purposes. The Official Plan permits development of an up to 1650 space parking lot on the land, subject to meeting certain traffic conditions. The Zoning By -law permits a 1360 space parking lot on the land as of right. This parking lot was approved by Council in 2003. This property is largely surrounded by single detached dwellings with two apartment buildings, a park and a school that exist to the south. Circulation Comments Regional Municipality of Niagara Although the proposal generally conforms to the objectives of the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan to provide intensification in appropriate locations, the provision of most of the required parking off -site is not desirable and is not a sustainable long term solution. Transportation Services Staff does not object to the proposed off -site parking arrangement on Parcel 2 (6471 Stanley Avenue), due to the close proximity of this property to the hotel. However, staff is not supportive of the proposed off-site parking arrangement on (5896 -6046 Dunn Street) Parcel 3 as this will put excessive traffic on City streets, including Dunn Street. March 17, 2008 Staff has received numerous complaints regarding valet operators speeding to this parking lot from Embassy Suites Hotel. Despite the installation of a radar message board, 40% of motorists are still exceeding the speed limit through the predominately residential area. A 0.91 metre (3 foot) wide road widening is required along the length of the Dixon Street frontage of Parcel 2 (6471 Stanley Avenue) as well as a 7 metre by 7 metre (23 foot by 23 foot) daylight triangle at the northeast corner of Dixon Street and Allendale Avenue. Fire Services 3 PD-2008-23 The use of valet trips actually doubles the amount of traffic. Valet traffic will unnecessarily congest the road system. It appears, from the studies provided for existing and proposed developments linked to the parking lot on 5896 -6046 Dunn Street, that there will be about 40% more traffic utilizing this lot than what was claimed in 2003, when Council approved this property for a parking lot. Fire Services has concerns about delays in emergency access to the site and area during peak tourist season due to congestion. New additions to high rises to be sprinklered as a condition of approving any Zoning By -law amendments. Architect to confirm at site plan stage. A secondary Fire Department connection twinned with the existing system is recommended along Stanley Avenue, in case connections off Fallsview Avenue become inaccessible due to traffic. Building By -law Services, Legal Services and Municipal Works No objections. Planning Analysis 1. The redevelopment of the hotel on Parcel 1 conforms to the Official Plan with respect to built form. High rise hotels and other buildings on Tourist Commercial designated lands are subject to a set of built form criteria, as directed by the Official Plan and detailed in the Tourism Policy Review Implementation Handbook. The proposal conforms to these criteria as follows: The proposal introduces a 5 storey podium to the hotel along Fallsview Boulevard and a portion of Dixon Street. This podium generally conforms to the built form guidelines; a 3 metre (10 foot) setback and reduction in mass above its second storey will assist in mitigating microclimate impacts at the pedestrian level. This podium will provide street level activities that will engage pedestrians, particularly along Fallsview Boulevard, as contemplated by the Official Plan. March 17, 2008 4 PD- 2008 -23 Minimal changes are proposed to the 18 floor of the hotel tower. Although construction of this tower predates the built form guidelines, this tower generally meets most of the guidelines. The requested changes do not create any impacts. The minimal landscaping that separates the parking lot from Stanley Avenue and Dixon Street does not meet the 3 metre to 6 metre (10 to 20 foot) wide landscaping strips called for in urban design guidelines. In lieu of providing these strips, the guidelines call for a 0.9 metre to 1.2 metre (3 to 4 foot) high decorative wall or fence be provided between the parking area and the fence. Stanley Avenue is a major gateway into the tourist area. Significant public expenditures have been spent to provide a pleasing streetscape for visitors and complementary high quality landscaping should be provided on adjacent properties. There are no significant changes to the hotel above 10 storeys. Therefore, Architectural Peer Review is not applicable. However, any increases in building height over 4 storeys (12 metres or 40 feet) are subject to a Section 37 bonusing agreement to provide for streetscape improvements to adjacent streets. The proposal involves the construction of a fifth floor as well as additional rooms at the eighteenth floor level, therefore a Section 37 agreement will be required. The adjacent streetscaping improvements have been completed at the expense of the City and the Section 37 agreement should secure the payment for the costs of these improvements. The amount to be collected by the Section 37 agreement is estimated to be $266,000. The applicant is also requesting a Pinball or Electronic Game Machine Establishment be added as a permitted use on the land. The applicant is intending to provide this Establishment in conjunction with a restaurant in an enclosed 1,000 square metre (10,764 sq. ft.) space on the ground floor. As the Official Plan contemplates such large scale entertainment facilities in the Fallsview Tourist District, the addition of this use is acceptable. 2. Establishing a portion of the required parking off-site on 6471 Stanley Avenue (Parcel 2) is acceptable. Since 1991, Parcel 2 has been used to satisfy 48% of the required parking for the hotel on Parcel 1, in accordance with a Committee of Adjustment decision A- 25/91. The applicant wishes to make this arrangement permanent. The Official Plan encourages required parking for large tourist commercial developments to be contained on -site, preferably in parking garages or underground parking. In addition, the Tourism Policy Review Implementation Handbook recommends all required parking be provided on -site, as a general rule. Given these policies, off -site parking would not normally be supportable. However, the requested change to allow required parking for Parcel 1 on Parcel 2 can be accepted for the following reasons: Only 31% of the required parking for the hotel would be provided off -site on this particular parking lot. As can be seen in Appendix "A" (a comparison of this particular request to other off -site parking arrangements for hotels as approved by Council), this ratio is consistent with other Council approvals for off-site parking. March 17, 2008 5 PD-2008-23 This off -site parking lot is located less than 37 metres (120 feet) away from the hotel site. As such, it is within walking distance of the hotel. Hotel patrons can readily access their vehicles and valet operations will utilize only a short stretch of City streets. This off-site parking will not significantly impact on traffic, nor will it impact on nearby residential areas. 3. Establishing a portion of the required parking off-site on Parcel 3 (5896 -6046 Dunn Street) is consistent with Council's earlier approvals for this property. In 2003, Council adopted an Official Plan Amendment to permit a 1650 car parking lot on 5896 -6046 Dunn Street. Parcel 3 consists of about half the existing and future parking areas on these lands. Zoning By -law No. 2003 -164 allows seven developments, including the Embassy Suites Hotel, Marriott Fallsview Hotel and the Marriott and proposed Spring Hill Suites hotels on 5950 Victoria Avenue, to provide some or all of their required parking on 5896 -6046 Dunn Street. By -law No. 2007 -195, passed by Council last fall but currently under appeal, allows the proposed Hampton Inn Hotel on 6505 Fallsview Boulevard to provide all its required parking on these lands. The total of all existing, approved and formally proposed projects (including the subject proposal) with required parking intended to be located on these lands is estimated to be 920 spaces. There is capacity on Parcel 3 to provide the required parking for the existing and proposed developments. This request is only being recommended as it is in keeping with Council's earlier approvals. The use of these lands as required parking for the proposed development cannot be considered good planning nor in compliance with the general objectives of the Official Plan due to the incompatibility of the parking lot with the surrounding, predominantly residential area. In addition, although only a portion of the development with required parking tied to this parking lot has been built, traffic problems are beginning to occur on Dunn Street with complaints about speeding valet drivers. As the sites linked to this parking lot get fully developed, traffic and congestion along Dunn Street are expected to significantly increase. The requested zoning is appropriate for the proposal. The applicant has requested site specific changes to the TC zone, for 6455 Fallsview Avenue (Parcel 1), as outlined below: An increase in building height, from the 53 metres (174 feet), permitted under current site specific provisions, to 58 metres (190 feet), is proposed to accommodate a mechanical penthouse. A reduction in minimum landscape coverage, from the 25% of the lot area established by the previous site specific zoning down to 7.5% of the lot area, is also proposed. This is acceptable only if a decorative wall or fence, up to 1.2 metres (4 feet) high, is provided where the parking area abuts a street line for reasons discussed earlier. The addition of a Pinball or Electronic Game Machine Establishment is acceptable as it conforms with applicable Official Plan policies. March 17, 2008 The by -law will also provide for a Section 37 agreement to secure streetscape improvements as discussed earlier. 6 PD- 2008 -23 The applicant has not requested any site specific zoning provisions for6471 Stanley Avenue (Parcel 2) other than to allow 31 of the required parking for Parcel 1 to be provided on this site. For the reasons discussed above, it is recommended a decorative fence or wall, up to 1.2 metres (4 feet) in height, also be provided between the parking lot and adjacent street lines. The requested zoning by -law will also allow 47% of the required parking for Parcel 1 to be provided on 5896 -6046 Dunn Street (Parcel 3). No further site specific provisions are requested or recommended. 5. Site Plan Control is applicable It will be necessary to amend the site plan agreements that apply to the properties in order to accommodate the proposal. In addition to the matters typically covered under site plan control, the amending site plan agreement would cover the details of the decorative fence or wall around Parcels 1 and 2. A site plan agreement for an approximately 600 car parking lot exists on Parcel 3. The applicant indicates this lot has been built to accommodate about 800 cars. An amendment to the site plan agreement is required to recognize this change to the parking lot, as well as any expansions necessary to accommodate required parking linked to this site. CONCLUSION: 1. The proposed Zoning By -law amendment can be supported for the following reasons: The redevelopment of the hotel on Parcel 1 (6455 Fallsview Boulevard) conforms to the Official Plan with respect to built form and to the applicable urban design guidelines. Locating a portion of the required parking for Parcel 1 off-site on Parcel 2 (6471 Stanley Avenue), while not encouraged by the Official Plan, is acceptable as this lot is within walking distance of the hotel. Locating a portion of the required parking for Parcel 1 off -site on Parcel 3 (5896- 6046 Dunn Street) is recommended on the basis that it is consistent with earlier Council approvals for Parcel 3. Recommended by: Alex Herlovitch, Director of Planning Development Approved by: Ed Dujlovic, Executiv- of Community Services Respectfully submittecj: John MacDonald, Chief Administrative Officer A.Bryce:yb Attach. S:1PDR12008 \PD- 2008 -23, AM- 36 -07, Fallsview Plaza Hotel Expansion, Menechella.wpd Proposed Fallsview Plaza 37m 853 m 89 309 398 1984 Hotel (121 2800 ft) (22 (78 91 AM- 36/2007 (200 ft) (45 (56 Proposed Westin Hotel 512m 94 235 329 AM- 14/2007 (1680 ft) (29%) (71 Date of Appl, Name and Address of Hotel Distance from Hotel of spaces on site of spaces off site Total of Req. Spaces 1984 Days Inn 6Im 40 51 91 5943 Victoria Ave (200 ft) (45 (56 1989 Renaissance 36.6m 108 117 225 6455 Fallsview Blvd (120 ft) (48 (52 1990 Fireside Inn 39.9m 21 47 68 4067 River Rd (131 ft) (30 (70 1999 Quality Inn 15.2m 16 90 106 5257 Ferry Street (50 ft) (15 (85 1999 Sheraton Fallsview 30.5m 270 392 662 6755 Fallsview Blvd (100 ft) (41%) (59 2000 Hilton Hotel 30.5m 865 102 967 and 6361 Fallsview Blvd (100 ft) (90 (10 2006 2000 Embassy Suites 198m 762m 302 35 337 6700 Fallsview Blvd (650 2500 ft) (90 (10 2000 Marriott Hotel I98m 762m 0 296 296 6740 Fallsview Blvd (650 2500 f1) (100 2000 Minolta Tower 305m 3 48 51 6732 Fallsview Blvd (1000 ft) (6 2000 Radisson Hotel 213m 231 22 240 6733 Fallsview Blvd (700 ft) (91 2002 Double Tree Lodge 52m 243 46 289 6039 Fallsview Blvd (170ft) (84 2005 Springhill Suites 1424m 258 167 gig 5930 Victoria Ave (4672 ft) (61 (39 r er age x w If r z z l ft t 5520 March 17, 2008 Appendix "A" Tourist Developments with Approved Off -Site Parking PD- 2008 -23 *Excluded from the average calculation because the off -site parking was subject of a grandfathered zoning Subject Lands WA Location: 6455 Fallsview Boulevard 6471 Stanley Avenue 5896 -6046 Dunn Street Applicant: 1712093 Ontario Limited 2100422 Ontario Limited K: \GIS_Requesls\ 2009\ Schedules \ZoningAMUM- 36Mappinganap SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 I:NTS AM- 36/2007 February 2008 Schedule 2 EXISTING BUILDING Schedule 3 =MI.e.e 1111 I ®IMO �ISId �1® ®I® eeee Intl uuluuluuluu u1■l•uluuluultlu ®nn 1 nlnnlsileaiii ®isslsaieet®1111 1III1111111111111111uul®NE nIn!uuluulul;ls.ny 1 nuie•nieoeeinni•oiinnian I •ISnlete®i®IIt11 I I IIIEM11uuluuluul ■1 ®•1•11111!1111®!®.. 1 IO® in.I..I.ni.mieenieeeielesi®Iill 1 I Illu uul11YI11l1 ■111•®1•111•111u111u1n1r 1 ell I mmumir•inil.mieninismieew®1111 1 IIInIu111u uI110!11i!•n!•n•!e1.lo■ ®1� °BIB ®o ®s ®o�i��eell 111 .Ism. It is��ii�i ■��ilo�■;; i�� ■��ii'E u I u ;I ®fi =t .el I ID■ IAA a1A111 IC �I ■I ■I LI LI w u u u i 1— e_ c i I-ilo�iiii i ®I ®a:l ilai�s�I�ii� uiuuii hom a I� V B I1I O 0 L7-1— musomo •I!'ihom! T®i=i®min ,Ius UU11®ii•Iti®ul®:letI �'■.a ■■us■1■■ 1�1 ®dii ®Ii6lfl! fitiil®i61 v iiu" 1! k!HIPiiiuh® oniiii f llilliilIhiliHlli i ti ®s®of ®ihinl ®iil liitliiili i 7 ®i 11111111 1 r 1 1 .inr 1 1 r i FrThillIP 3 IThi ti i 1 t 1_ irt ---i-i-- FP 1 i 1 !--1- III 1_, r i 1 1: I Schedule 4 yr• !II 1 Ilk !nit 133aLS NOXIO Schedule 5 Ailanthus Ave Niagara f Region PLANNING AND DEVELOPMENT February 12, 2008 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: \tL C� Peter Colosimo, MCIP, RPP Senior Planner C: VA. Herlovitch, City of Niagara Falls B. Stevens, Regional Public Works Councillor W. Smeaton RECEIVED FEB 1 3 2008 PLANNING DEVELOPMENT \650 FallsviewBoulevard.doc Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905-984-3630 Fax: 905-641-5208 E -mail: plan @regional.niagara.on.ca File: D.10.M.11.23 (jai Lc V Re: Zoning By -law Amendment Application 6455 Fallsview Boulevard, 4312, 6471 Stanley Avenue and 5896 Dunn Street AM-36/2007 Fallsview Plaza (Renaissance) Hotel City of Niagara Falls This application proposes to amend the City's Zoning By -law to permit an expansion to an existing hotel and to permit off-site parking. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan which permits a variety of land uses with full municipal services to meet the needs of the community. The Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan all promote the intensification of existing uses and higher densities in appropriate locations. The proposed development conforms to these general objectives; however the provision of most of the required parking (approximately 299 spaces) in off -site surface parking lots is not desirable. Although the City has allowed a number of similar proposals in the past, this is not a sustainable long term solution. Regional Public Works staff is completing a review of the proposal. Any changes to the entrance along Regional Road 102 (Stanley Avenue) will be subject to approval from the Regional Public Works Department prior to the approval of a site plan agreement. Regional Public Works comments will be forwarded when they are finalized. Although Regional Planning staff is not opposed to this application from a Provincial or Regional planning perspective, the City may have local issues to be resolved including the impacts of providing off -site parking. Please send notice of City Council's decision on this application when available. YDuks truly, u' u t Ms. Linda J Ross 6069 Collins Drive Niagara Falls, Ontario L2G 2S3 21 February 2008 Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Sir: This letter is to formally express my concerns about the increase of the parking lot referred to as Parcel 3 for proposed changes to city File AM- 36/2007. The addition to the parking lot will infringe on the properties that are along Collins and Toby with my lot being right at the dead end. I am looking at selling my property this year to purchase a Condo in the new building going up the next block over to Collins (also along the hydro property edge) and I don't want to have issues with selling my place on Collins. If the parking lot is going where proposed, my property will decrease in value greatly and I may lose both places if I cannot sell this one. Please consider my issues with this proposed change and I would like to be kept informed of any decisions that are made on this issue. Thank you for you time. Linda 3 Ross 905- 931 -6487 (cell) 905- 374 -1881 (home) RECEIVED FEB 2 5 2008 PLANNING DEVELOPMENT V R ECEIVED FEB 28 2008 DEVELOPMENT PMENT \pD'Y L G M{ n FE bract pire t- 0f Alex Nrf o v/fch Pet/ C Null ��J;p;l /iC� or- 310 gt,4eei1 5 W "ryarc4 Fe1 /f 5- z% y o j, e 1 (80L) 1/ e ?it 7 Ay Cre 5 /V, r F7 //S Ca 4-4 t it- 0 -on4A fl r XIC- vita pit. aaAft_l /0-u 2,71—rA A telf i (f r frvi t 1 7; 4 4 Aiu 7P1-0-st -)—er-6Leitc— 4147 i r v v„,tc. fi r r S Soo S Oks S h) S y a i ,5 r ono me Ga I So c1 eS Canada, SX- �ZS ,cr7 ±A C tee, r Pirc- r S r A n* emu` -rte. ,J4-12-41 cL ot_ w tA__ A 6 1 g 3 n- a fi --6-)4t pA 4Ate__ ,dtc 4;:y1Z A .0-4)0L 2 73 e,- 2 g -z) 44,L6,6 2 Ave_ cfL *et Ayr s_. 0 lc ,tom t _A-1 ,I)-1-at-- _4- /1447--- Aru"--C-_ cl-aci/frr- AILVC 7- et/62 _if-01A02. t i zYLX 447e 4144-k cie 4tr/ c— �S2zo JL zL_Q-cipttA-tt ert-t 1 c cl hma eu-eA r 0 i ervnG r. n i n �vL r 12°4°S t 1 6 04 twn,,,teu.o rgy- e --tea, I 5 1,er S ympthc .C 86 Light Pollution LIGHT POLLUTION BY DAVIW L. CRAWFORD A Lost Heritage: During recent decades, most people have lost the spectacular iew of the universe that our ancestors enjoyed on clear, dark nights. The developm of electrical lighting in the last century and the increase in urban population hav caused a rapid increase in sky glow above towns and cities. As a result, fewer and fewer members of the general public have ever see a prime dark sky; our children and grandchildren may never. For urban dwellers, star- studded nights are limited to planetaria. Even in rural areas, poorly designed yard lights often obscure the splendou of the night sky. As Leslie Peltier, one of the most famous amateur astronomers of the 20th century, stated eloquently in his autobiography Starlight Nights: The moon and the stars no longer come to the farm. The farmer has exchanged his birthright in them for the wattage of his all -night sun. His children will never know the blessed dark of night. The increased sky glow that adversely affects the environment is called light pollution; it originates from excess light that does nothing to increase useful nighttime illumination. It is light that sprays horizontally and upward into the sky from poorly designed lighting fixtures. It is light that glares into the eyes of motorists and homeowners, compromising visibility, safety, and security. It is light that depresses property values by reducing the aesthetic quality of a neighbourhood. It is light that can seriously affect the circadian rhythm of all living things, including humans, as well as creating other hazards for many species (birds, sea turtles, etc.). In the United States and Canada, billions of dollars (plus large amounts of energy) are lost annually in generating this wasted light. It makes tor increased air pollution and CO2 emissions. A Threat to Astronomy: Light pollution poses special perils to astronomy. Mary observations, including most of those of cosmological interest, can be made onb from prime observing sites, far removed from centres of population. Some older observatories, such as the David Dunlap in Ontario and Mount Wilson in California. are severely affected by light pollution from nearby urban centres. New observatories usually are located at remote sites, and amateur astronomers routinely drive Ions_ distances to escape the glare of towns and cities. The argument that all astronomy can be done from space is incorrect because it does not make sense to do in space. at much higher costs, what can be done from the ground. There are observations that can r`' be done from space, but more than three decades of space astronomy have increased the need for ground -based observatories. Solutions: There are solutions to the problem of light pollution: Outdoor lighem- ordinances have been instituted in a number of communities, particularly near Iarg` observatories, such as Tucson, Arizona, San Diego, California, and Hawaii. The m solution is the use of fully- shielded (no direct uplight) lighting fixtures that direct al their light below the horizontal, such that the light source itself is not directly F e from the side —an almost universal fault with street and yard lights. Since this l light where it is needed, less total light, and thus less electrical energy, is required. A nighttime satellite view of central North Americo Common Types of Outdoor Lights On increasing order of efficiency) OPTICS AND OBSERVING 87 The light source makes a difference too; it should be an energy- efficient lamp. Quite a few cities worldwide are realizing substantial savings each year through extensive use of low- pressure sodium (LPS) street lighting. For example, replacing a 175 -W mercury vapour lighting fixture with a fully shielded, 35 -W LPS fixture can get the same amount of useful light, and with none of the glare and light trespass. The energy saving is remarkable, as is the better visibility. In addition to providing light at the lowest cost, LPS lights are nearly monochromatic, with the result that most of their light can be filtered out by astronomers. Low pressure- sodium lights are especially good for street lighting, parking lot lighting, security lighting, and any application where colour rendering is not important. Power (W/klm) descent (ordinary bulbs) 60 ury vapour (violet -white light) 24 tal halide (white) 17 pressure sodium (orange -gold) 12 pressure sodium (yellow) 8 Afu1l- cutoff, efficient light fixture Even less light pollution and more savings can be realized by using no more light n is required, and ordinances usually regulate the maximum amount of light that h be used for different tasks. Too much light and/or poorly shielded lights can ruin aptation to night lighting, blinding us just when we need to see. When we go from bright to too dark or vice versa, "transient adaptation" is impaired, and we have of visibility for a while. Do not exceed IESNA (Illuminating Engineering Society 1 North America, www.iesna.org) recommended lighting levels. Overkill never 1ps; it usually just adds glare, and it always wastes energy. In addition, lights should used only when necessary (timers are useful for controlling lights). Curfews are stiaiiy also included in lighting ordinances. IDA, with the help of IESNA and others, as poduced a Model Lighting Ordinance as a help for communities wanting more fk Olive and efficient night lighting. Another common inclusion in lighting ordinances is the use of lighting zones. tfferent areas have different requirements for lighting; downtown Toronto is not the tal to as rural Ontario. In addition, some locales have officially declared themselves :00 Dark -Sky Preserve, a region where lighting is strictly controlled or prohibited. iftitiber of these are located in Canada, and the RASC has been instrumental in Aping establish these. Jn'ereased lighting generally gives a perception of greater security, yet there is no tcally significant evidence that more lighting results in less crime. Criminals light. "Security lights" provide this. Furthermore, security lights may draw ion to a house or business that would otherwise not be noticed and mask any bhal light that criminals may need to do their work. Our cities and towns are ore brightly lit than ever, yet there has been little or no reduction in the crime )e just see more and more bright and glary lights. Security can best be provided gilded, motion activated lights that come on only when triggered by movement RASC OBSERVER'S HANDBOOK 2008 88 Light Pollution nearby. These serve to frighten criminals, alert others that there is a potential probl and provide glare -free visibility (when properly installed so they are glare free);!_ also use insignificant amounts of energy. Lack of Awareness: The biggest problem in controlling light pollution is la awareness rather than resistance. After all, it costs money to light pollute! Unlike case with many other forms of pollution, simple solutions are available; morel` everyone benefits in applying these solutions. Most people are not yet aware di expense, the waste, and the harm associated with excess lighting. They put up; distant lights that shine directly into their eyes, not realizing that not only does; do nothing to illuminate the area near the light but that it also produces a ve glare. The pollution usually involves not only the light itself but also other of environmental pollution associated with the production of the wasted light extraction, transportation, and burning of coal and oil. This general lack of aware has been summarized nicely by Doug Pitcairn, an astronomy teacher in Nova Sco It surprises me how someone who would never think of leaving a plastic bottle'o, the ground at a picnic site will pay extra money each month to illuminate half (j neighbourhood with unnecessary, distracting light. Education: Educating the public, government officials, lighting profession. and astronomers is a major thrust of current programs. These efforts have heltill Most committees in the IESNA and the International Commission on Illuminafttl (CIE) have been addressing these issues, and Recommended Practices and ;o: documents reflect these concerns. As they are issued, one will see them implement,. albeit on a slow time schedule. Astronomers and environmentalists should do all fh y' can to both learn from these documents and to help publicize them and thereby get them into existing practices in our communities. The International Dark -Sky Association (IDA) has many information sheets available to assist you in educating others —in several languages in addition to English and French —and can provide examples of lighting policies that have been enacted in man communities to enforce high quality, effective nighttime lighting. For up -to -date information, stay tuned to the IDA Web site and newsletter. About the International Dark -Sky Association: The IDA is a tax- exempt, nonprofit membership organization dedicated to overcoming this awareness problem.. Its goal is to preserve dark skies while at the same time maximizing the quality and efficiency of nighttime outdoor lighting. The IDA needs your help. Membership begins at $30 U.S. per year. To join this effort or to obtain further information on any aspect of the issue, contact the International Dark -Sky Association, 3225 N First Ave, Tucson AZ 85719, USA (phone: (520) 293 -3198; fax: (520) 293 -3192; email: ida @darksky.org; Web site: www.darksky.org). Plenty of useful information is on the Web site, including images, and content is added regularly.. Within Canada: The Royal Astronomical Society of Canada has an active Light Pollution Abatement Committee. See rasc.ca/committees /Ipa.shtml to learn about the committee or to contact the chair of the committee. You may also contact the RASC directly (see p. 10). Also, some Centres of the RASC have light pollution abatement committees and have taken action to address poor lighting practices in their areas. Editor's Note: The IDA has members in over 70 countries, and its total membership is over 11000 (with about 250 from Canada). Of these, about 600 are organizational members and about 2 are individual lifetime members. This is still well less than 10% of the community of amateur and; professional astronomers. As Daniel Green of the Smithsonian Astrophysical Observatory has put it (seer Sky Telescope, May 1998, p. 10): "Where are all the astronomers?" Anyone who values the night sky should support this unique and deserving organization. You can help make a difference. Please do! 1. OPTICS AND OBSERVING if In the 1960s and 1970s, few observers owned telescopes larger than 200 -mm aperture. Today, 250 -mm to 600 -mm Dobsonian- mounted reflectors are commonplace. Using computerized telescopes, observers can now find thousands of objects at the push of a button. As a result, deep -sky observing has soared in popularity. However, owners of less sophisticated, small aperture instruments shouldn't think they are shut out of deep -sky viewing. ht a dark sky an 80 -mm to 100 -mm telescope %vi II show all the Messier objects and reveal hundreds of brighter NGC (New General Catalogue) objects. In fact, many large objects are best seen in fast (f /4 to f /6), small aperture telescopes or in giant 70 -mm and 80 -mm binoculars. Contrary to popular belief, even slow f -ratio instruments (f /11 to f /16) are useful; their only disadvantage is the difficulty of achieving a low -power wide field. No matter what telescope you use, follow these techniques to get the most out of a night's deep -sky viewing: Always plan each night's observing: Prepare a list of a dozen or so objects for the night. Hunt them down on star charts or with computer programs first during the day to become familiar with their location. Seek out dark skies; a black sky improves contrast and makes up for lack of aperture. To preserve night vision, always use a dim red flashlight for reading charts. Avoid. prolonged exposure to bright sunlight earlier in the day (such as a day at the beach); it will reduce your ability to dark adapt and make for tired eyes at night. Use averted vision; looking to one side of an object places it on a more sensitive part of the retina. Another technique for picking out faint objects is to jiggle the telescope (and the image) slightly. Don't be afraid to use high power; it often brings out small, faint objects such as planetary nebulae and galaxies and resolves detail in globulars, in small, rich open clusters, and in bright galaxies. Use a nebular filter on emission and planetary nebulae (see the section FILTERS on pp. 66 -69); even in a dark sky, filters can dramatically enhance the view of these kinds of objects, often making obvious an otherwise elusive nebula. Be comfortable; sit down while at the eyepiece and be sure to dress warmly. Collimate and clean your optics; a poorly maintained telescope will produce distorted star images, reduce image contrast, and make it more difficult to see faint stars and other threshold objects. Don't expect to use analog setting circles; in a portable telescope "dial- type" circles will rarely be accurate. Digital setting circles and Go To telescopes can find objects precisely. While they are wonderful observing aids, they can overwhelm observers with thousands of targets, often supplying scant information about each one. When making a list for a night's viewing, books such as the three- volume Burnham's Celestial Handbook and the two volume Night Sky Observer's Guide by Kepple and Sanner are still the best guides. Don't be in a rush to check off targets; take time to examine each object, and take notes or make drawings. Both will help train your eye to see subtle detail; you'll learn to see the most through your telescope. Consider keeping a logbook or journal of your nightly tours of the sky; including eyepiece impressions and drawings provides a record of your improving observing skills that is fun to look back upon in future years. See the section THE OBSERVING LOGBOOK (immediately following) for suggestions on organizing a journal. RASC OBSERVER'S HANDBOOK 20( March 17;2008 PD- 2008 -18 Niagara ails CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -18 AM-14/2007, Revised Zoning By -law Amendment Application 5382 Robinson Street and Lands on the West Side of Stanley Avenue, South of Robinson Street Applicant: Canadian Niagara Hotels (Michael DiCienzo, Vice President, Design and Development) Agent: Emilio Raimondo, Raimondo and Associates Allowing Additional Required Parking Off-Site in a Tandem Parking Arrangement RECOMMENDATION: 1. That Council deny the Zoning By -law amendment application to permit 71.5% of the required parking for the hotel proposed on Parcel 1, off-site in a tandem parking arrangement on Parcel 2. 4 4kcF Cow -t t t be kep-i- lr c& on the recur Se back i55ue 2. That, should Council approve the subject application, Council consider passing the by -law on tonight's agenda to implement the requested amendments. BACKGROUND: Canadian Niagara Hotels has applied to amend the Zoning By -law for the two parcels of land shown on Schedule 1, Parcel 1, known as 5382 Robinson Street, has pre- existing zoning for a 26 storey hotel. In 2004, the City approved a site plan application for a 26 storey, 340 room hotel on the property based on grandfathered zoning. The current zoning allows a much larger building than current design guidelines would permit. All required parking was contained on -site within four underground parking levels. On October 15, 2007, Council approved a Zoning By -law amendment application to permit 52% of the parking spaces required for a redesigned 26 storey hotel with 518 rooms on Parcel 1, to be located off-site on Parcel 2. The remaining parking spaces were approved to be provided in tandem in a 2 -level parking garage below the proposed hotel. The design of the hotel has been revised to eliminate one of the two parking levels and further, to provide 71.5% of the required parking spaces (235 spaces) for the hotel, in a tandem (4 deep) parking arrangement, on Parcel 2 as shown on Schedule 3. Schedules 2 and 4 show details of the proposed hotel. 31041ueenStreet PO Box1023`INiagara,Falls ON Canada L2E6X5'905356 wwwmagarafallsca Working Together to Serve Our Community Community Services Department Planning Development March 17, 2008 2 PD- 2008 -18 Site Conditions and Surrounding Land Uses A portion of Parcel 1 (5382 Robinson Street) has previously been used as a parking lot. The rear, easterly portion of the site is wooded and slopes steeply down toward Queen Victoria Park. The Jolley Cut is located to the north of the parcel, while the Skylon Tower lands are located to the south. A parking lot is located on Parcel 2 (Stanley Avenue). Lands to the north of this parcel are used for a variety of residential and commercial purposes, while lands to the east and south are used for tourist accommodations, and lands to the west are owned by Hydro One Networks and used to supply off-site parking for the Hilton under a temporary use by -law. Circulation Comments Regional Municipality of Niagara Staff is not opposed to this application from a broad Provincial and Regional Planning perspective. Transportation Services Transportation Services does not support increasing the amount of off-site parking due to unnecessary traffic generation and associated traffic, safety, social and environmental concerns. The Traffic Impact Study submitted by the consultant identifies that the road network is currently able to support the additional traffic. However, the cumulative effect of valet trips and future traffic may prematurely create traffic congestion. Off -site parking is not desirable and is not a sustainable long term solution. Although a 35% increase in the amount of off -site parking is being proposed, this increase will result in a 100% increase in valet related traffic due to the multiple trips valet drivers will need to make. However, Staff is concerned the nearby Stanley Avenue intersection will be adversely impacted and note that remote parking lots result in unnecessary traffic generation. Niagara Parks Commission (NPC) The rear yard setback and the landscape strip width along Queen Victoria Park has been reduced from plans approved by Council in 2004. NPC staff questions if the project is too large for the site. NPC staff request the application be deferred until the Commission can review the application and provide direction. The Traffic Impact Study submitted has not satisfactorily demonstrated how the vehicle movements related to the 4 -deep tandem parking will be contained within the off-site parking lot. Staff is concerned that vehicles related to the arrival, departure and shuffling resulting from tandem parking movements will overflow onto City Streets, contributing to congestion. March 17, 2008 Parks, Recreation and Culture 3 PD- 2008 -18 A landscape plan for both parcels will be required at the site plan stage. As the site abuts the Jolley Cut, environmental measures to protect the Jolley Cut are required to be shown on this landscape plan. Building By -law Services and Municipal Works No comments. Planning Analysis Planning staff did not support the original application, presented to Council on October 15, 2007, for the following reasons: The proposal is a departure from a grandfathered approval. Official Plan policies allow development under pre- existing site specific zoning without adherence to the built form policies of the Official Plan, provided no further zoning changes are sought. As a zoning change was being sought, the proposal was considered contrary to the Official Plan. Locating required parking off -site is not encouraged by the Official Plan because it contributes to traffic congestion on City streets. The applicant did not demonstrate that the proposed on -site tandem parking arrangement would work. Further details are contained in the attached Staff Report PD- 2007 -82. Staff cannot support the revised application to allow 71.5% of the required parking to be provided off -site, in a tandem parking arrangement, for the following reasons: 1. The redesign of the hotel has not reduced the impacts on the moraine. On October 15, 2007 Council directed Staff to meet with the applicant to determine methods to lessen the impact on the moraine and report back. The moraine extends through the rear of the subject land, from the Jolley Cut to the north, to the Skylon lands to the south and onto the Queen Victoria Park to the east. A meeting was held on -site between applicant, members of Council and Staff to discuss methods of protecting the moraine and surrounding lands. The applicant contends that eliminating an additional parking level will lessen the impact on the moraine. However, as shown on Schedules 4 and 5 the impact of the project on the moraine is unchanged by the revised proposal. In addition, the building footprint has not effectively been reduced from the proposal approved in 2004. In fact, as further discussed below, the proposed footprint encroaches into the required rear yard setback and is located about 0.9 metres (3 feet) from Queen Victoria Park. Impacts on the steep slope and mature trees in Queen Victoria Park are likely. The elimination of a parking level will mean less fill is to be removed from the site. However, the drawings still indicate massive concrete walls, up to 12 metres (40 feet) tall, proposed about 0.3 to 0.9 metres (1 to 3 feet) from the moraine located March 17, 2008 4 PD- 2008 -18 on Niagara Parks Commission lands, the Jolley Cut and the Skylon lands. Given the steep slopes and mature vegetation surrounding the site, a significant reduction in the building footprint will be necessary to effectively reduce the impact on the moraine. The requested off -site parking facilities are not in keeping with the Official Plan and will adversely impact on surrounding areas and streets. The Official Plan encourages required parking for large scale tourist commercial developments to be contained on -site, preferably in above or below grade parking garages. The design guidelines contained in the Tourism Policy Review Implementation Handbook also recommend all required parking be provided on -site. The City has seen a significant increase in off-site parking spaces in recent years. Off -site valet parking is a concern because it increases traffic congestion between the hotel and the parking lot. The attached Appendix "A" shows a summary of off site parking arrangements that have been approved. The proposed hotel requires 329 parking spaces. Council previously approved the applicant's request to provide 53% of the required spaces (174 spaces) on the off- site parking lot, leaving 47% of the required spaces (155 spaces on -site. The applicant is now proposing to provide 71.5% of the required spaces (235 spaces) off -site and 28.5% of the required spaces (94 spaces) on -site. As seen in Appendix "A", the current proposal depends on 26% more off-site parking than most other hotels which rely on off -site parking facilities. 3. The applicant has not demonstrated the tandem parking will work. In addition to the on -site tandem parking, the applicant is now proposing to tandem parking on Parcel 2 up to 4 vehicles deep and accessed by a single maneuvering aisle (see Schedule 4). Transportation Services has requested information on how tandem parking maneuvering will be contained on site, but the applicant has not satisfactorily addressed this issue. There is no dedicated area to store vehicles while retrieving a vehicle parked at the rear of the tandem parking, other than the maneuvering aisle. Only a limited number of vehicles can be maneuvered on the site using the maneuvering aisle. In the event that a large number of guests are arriving or leaving at the same time this storage area may be insufficient, leading to the maneuvering of vehicles on surrounding streets. This could contribute to traffic congestion and will cause aggravation and possible safety concerns for surrounding residents and businesses. For these reasons the use of tandem parking is not recommended. 4. The Hotel on Parcel 1 does not provide the required 3 metre (10 foot) rear (east) yard setback. The proposed hotel has been designed such that the parking garage extends beyond the tower on its east side. While the parking garage is located underground at the west property line, it projects about 12 metres (40 feet) above ground near the east property line. As can be seen on the attached Schedules, the garage is only set back about 0.9 metres (3 feet) from the property line abutting Queen Victoria Park, whereas the Zoning By -law requires parts of a building to be set back March 17, 2008 a minimum 3 metres (9.7 feet) from the property line. The applicant has been made aware of this non compliance, and has been advised to redesign the hotel to provide the proper setback or seek the appropriate zoning relief, but has decided not to do so. 5. The off -site parking arrangement is necessary to accommodate an overdevelopment of the site. The requested off-site and tandem parking is intended in part, to accommodate an intensification of the hotel development, including a 52% increase in hotel rooms. The applicant already has permission to develop a hotel well beyond the intensity of what other property owners could achieve with similar sized parcels. Further zoning approvals will result in an undesirable overdevelopment and should be denied. CONCLUSION: 1. The proposed Zoning By -law amendment cannot be supported for the following reasons: Eliminating one level of parking on the hotel site (Parcel 1), without decreasing the building footprint, does not lessen the impact on the moraine. 2. It is acknowledged that there is another request on tonight's agenda to provide required parking for a hotel off -site (see PD- 2008 -23). The subject application differs in that it involves an increase in off -site required parking capacity from what Council has approved, and involves the extensive use of tandem parking which has not been demonstrated to work. 3. Should Council decide to approve the proposed amendment, the draft Zoning By- law amendment on tonight's agenda will implement the developer's current request as well as Council's earlier approval with res.ect to these lands. Recommended by: Approved by: 5 PD- 2008 -18 The proposed off -site tandem parking arrangement has not been demonstrated to work and may contribute to congestion on surrounding City streets. Locating an additional amount of required parking off-site is not encouraged by the Official Plan, is not in keeping with the City's Tourism Policy Review Implementation Handbook, and will contribute to traffic congestion on City streets. Alex Herlovitch, Director of Planning Development ve Director of Community Services Respectfully submitted: B e r John MacDona Chief Administrative Officer A. Bryce:yb Attach. S: \PDR\2008 \PD- 2008 -18, AM- 14 -07, 5382 Robinson St, Canadian Niagara Hotels.wpd Proposed Fallsview Plaza 37m 853 m 89 309 398 1984 Hotel (121 2800 ft) (22 (78 51 AM- 36/2007 5943 Victoria Ave (200 ft) Proposed Westin Hotel 512m 94 235 329 36.6m AM- 14/2007 (1680 ft) (29 (71 225 Date of Appl. Name and Address of Hotel Distance from Hotel of spaces on site of spaces off site Total of Req. Spaces 1984 Days Inn 61m 40 51 91 5943 Victoria Ave (200 ft) (45 (56 1989 Renaissance 36.6m 108 117 225 6455 Fallsview Blvd (120 ft) (48 (52 1990 Fireside Inn 39.9m 21 47 68 4067 River Rd (131 ft) (30 (70 1999 Quality Inn 15.2m 16 90 106 5257 Ferry Street (50 ft) (15 (85 1999 Sheraton Fallsview 30.5m 270 392 662 6755 Fallsview Blvd (100 ft) (41 (59 2000 Hilton Hotel 30.5m 865 102 967 and 6361 Fallsview Blvd (100 ft) (90 (10 2006 2000 Embassy Suites 198m 762m 302 35 337 6700 Fallsview Blvd (650 2500 ft) (90 (10 2000 Marriott Hotel 198m 762m 0 296 296 6740 Fallsview Blvd (650 2500 ft) (100 2000 Minolta Tower 305m 3 48 51 6732 Fallsview Blvd (1000 ft) (6 (94 2000 Radisson Hotel 213m 231 22 240 6733 Fallsview Blvd (700 ft) (91%) (9 2002 Double Tree Lodge 52m 243 46 289 6039 Fallsview Blvd (170ft) (84 (16 2005 Springhill Suites I424m 258 167 426 5930 Victoria Ave (4672 ft) (61 (39 v e :a e x r' z t� o A SS /o i x %.l� r..k S H Q�* n �fi •�tFv: March 17, 2008 -6 Appendix "A" Tourist Developments with Approved Off-Site Parking l xcluded from the average calculation because the off -site parking was subject of a randfathered zonin PD- 2008 -18 Subject Land Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: 5382 Robinson Street and West Side of Stanley Avenue South of Robinson Street Applicant: Canadian Niagara Hotels 1:NTS AM- 14/2007 September 2007 Schedule 2 O P1 m r LO Z A m w sw Z N 0 0 N U z m 0 0 00 Schedule 3 N85'48'50 E (p2 x maa Th 260.4' (macs) C16071 1 320 4'(meoe)i 0 0 co m co N85'59'45 "E 'EN WESTIN HOTEL DEVELOPMENT ATHEJOLLY CUT SAWPA RANGE PROPOSED OFFSITE PARKING LOT ON STANELY AVE, NIAGARA FALLS RANGE 4 320.56' 20 D W NA +NDi t 11 7 swigs 320.59' (p2 set) E FEB 1 32003 NNIN DEVELOPMENT. 320.76 (meo 1 NNW II* 1n N 0 3 CO 0.74' N86' 103 Schedule 4 ow sis= ICE Mg FR OE ME all EIN MC RC M INNERS ME NM ON! ®®®®®IN Mill 1111RC Eli ®EY M® 1t& MAME MMEINIStita iiiiIRGINaIREaaiffilON s a s s ®s s 1� s .a and- s s is a e11r11riri •'ir• r1�t1r11e1 1 1 �1 1r 11 M 1 1 M11�11e1�e1 INIERMOSIMEMOMOWASNONSIOMPOSIO Iii IGi� a ll�iJ a Jlai, lai �J =a I ii ddi Ja lai �Ji�iJJlai, l =Jlai 1e1le!1�llel 1e]I�1Ie1e11e11e1r111elle ril ar 9r iaiwgl■ OmmitERMOi■ri■OMp■ai■g ■ii■�i■em aiil®�li�i■ it i, layj it Eq Jlai, lai, Ie J1 i, iai, a J Gi f J jai a Jlii lei 11ic11» I ellelr JI Me ll el e1 1 F l ir'ie1 !Eli1e'e lle.Ie� l!ti11 el o ilai!■altiOmmii i ■�1 ■o■0i■�i1010■0 ■im Il i ha a Jlai lo a i, Iii�; Jlai li� =Jai, �i J 6 lai olug'l i, o Jai Io g lw i nl le1ellEl�el E l�e ell •'1 'i rlEll e u 1ri le11a :al 1 I i■ianiwi■�1■olool■ I s iIp� ■ei■ osmi I. 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S J j T I I I I H Lull 1+1-1- IHI H11 ums II III -If II III III III 1 II 1 1 11 LI l l f1- II� II TT F I=11 H TEME III rLI Iu III�� III 11 I II'"'Ili -I EL= I iil= 7-1mEM 4RE Ti II II -I IH 11 11 L II 114=a fli 1 11 1_ i +f nl i i a IEIIT� I -11 I III Il 111_ En H WE III Ilm X 111 1 I 1 I -IIG 1 I -III= 11=1 H I- vbtV VCI 1 V, Linn His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraaaaaaaJ7alls CANADA Re: PD- 2007 -82 AM- 14/2007, Zoning By -law Amendment 5382 Robinson Street and Lands on the West Side of Stanley Avenue, South of Robinson Street Applicant: Canadian Niagara Hotels (Michael DiCienzo, Vice President, Design and Development) Agent: Emilio Raimondo, Raimondo and Associates Allowing Tandem Parking On -Site and Permitting a Portion of the Required Parking Off -Site a prove That Council the Zoning By -law amendment application to permit a portion of the required parking off-site and to allow tandem parking on -site BACKGROUND: Canadian Niagara Hotels has submitted an application to amend the Zoning By -law for the 2 parcels of land shown on Schedule 1. Parcel 1, known as 5382 Robinson Street, has pre- existing zoning for a 26 storey hotel. The zoning amendment is requested to allow approximately 174 of the parking spaces required for the hotel on Parcel 1 to be provided off -site on Parcel 2, and to change the parking space provisions on Parcel 1 to allow required parking spaces to be provided in tandem. In 2004, the City approved a site plan application for a 340 room hotel on the property. All required parking was contained on -site within 4 underground parking levels. Site and Surrounding Land Uses A portion of Parcel 1 (5382 Robinson Street) is being used as a parking lot The rear portion of the site slopes steeply toward Queen Victoria Park, which is located to the east of the site, The Jolley Cut is located to the north of the parcel, while the Skylon Tower lands are located to the west and the south of the parcel. 4310 Queen Street; P.O. Box 102 Niagara falls, ON,Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community PD- 2007 -82 The recommendation(s) contained in this report were adopted by City Council Community Services Department Planning Development October 15, 2007 2 PD- 2007 -82 A parking lot is located on Parcel 2 (Stanley Avenue). Lands to the north of this parcel are used for a variety of residential and commercial purposes, while lands to the east and south are used for tourist accommodations, and lands to the west are owned by Hydro 1 Networks and leased for a temporary off -site parking lot. Circulation Comments Regional Municipality of Niagara Regional Planning staff is not opposed to this application from a broad Provincial and Regional planning perspective. Municipal Works Transportation Services is not supportive of the off -site parking arrangements. All the required parking can be accommodated on -site by the use of parking stackers. The on -site tandem parking arrangement depends on substandard manoeuvring aisles for access. The applicant is required to demonstrate the tandem parking arrangement will be functional. The detailed servicing arrangements and site grading, along with the provisions of site access, waste disposal, emergency accesses, details on the valet operations as well as implementation of a tow away zone on the Robinson Street cul -de -sac are all to be implemented at the site plan stage. Parks, Recreation and Culture Fire Services Building Services A landscape plan for both parcels will be required at the site plan stage. As the site abuts the Jolley Cut, environmental protection measures to protect the Jolley Cut are required to be shown on this landscape plan. Adequate fire access and fire protection to be demonstrated at the site plan stage. All required Building Permits to be obtained prior to commencement of construction. Planning Analysis 1. The proposed change is not consistent with the Official Plan policies for "grandfathered" zoning. Both Parcel 1 and Parcel 2 are designated Tourist Commercial in the Official Plan. Parcel 1 was zoned for high rise development in 1966. This zoning was carried October 15, 2007 3 PD- 2007 -82 forward into Zoning By -law 79 -200 which allows a building to be 76 metres (249 feet) high. The Official Plan provides two policies for development with pre existing zoning. First, the policy provides that none of the Tourist Commercial policies supersede any site specific zoning which exist before the policies were adopted. Second, the Official Plan states that any proposal to replace existing developments shall satisfy the intent of the policies. In effect, as long as it complies with the existing zoning he can build a hotel without meeting any of the policies of the Official Plan including design criteria and architectural peer review requirements. However, any proposal to change the existing development approval must satisfy the intent of the Tourist Commercial policies. The request to change the zoning is considered contrary to the intent of the Official Plan since it would replace existing development approvals with new standards. 2. The requested off -site parking facilities will have and impact on the surrounding area. The Official Plan encourages required parking for large tourist commercial developments to be contained on site preferably in parking garages or underground parking. In addition, the Urban Design Objectives of the Tourism Policy Review recommend all required parking be provided on -site, as a general rule. Surface parking lots are to provide a landscaping strip of 6 metres (20 feet) between the parking lot and abutting streets to create a more pleasing streetscape. Off -site parking is undesirable for the following reasons: It increases traffic congestion on City streets as valet drivers transport vehicles between the hotel and the parking lot instead of patrons walking to an on -site parking facility. The City has already received numerous complaints about the driving habits of valet drivers on City streets accessing other off -site parking lots and the addition of further such facilities may cause further complaints. The proposed hotel and ancillary uses require 329 parking spaces in total. The applicant is proposing to provide 155 spaces (47% of the total) on -site parking spaces and 174 spaces (53% of the total) off-site. A comparison of this request to other off -site parking arrangements is included in Appendix 1. Appendix 1 shows 12 hotels where Council has granted an exception to the norm by allowing hotels to provide a portion of their required parking off-site. The subject application seeks to provide more of its required parking off -site (53% of the total) whereas the average of other hotels which rely on off -site parking facilities is 45 In addition, the Parcel 2, which is to be used for off -site parking, is located 512 metres (1,680 feet) away from the proposed hotel, more than twice the average distance of 218 metres (717 feet) between other off -site parking lots and the hotels they serve (as shown in Appendix 1). October 15, 2007 4 PD- 2007 -82 3. It has not been demonstrated the reduction in parking space standards for the tandem parking will work on -site. The zoning by -law requires parking spaces in parking garages to have direct access to a manoeuvring aisle with a minimum width of 6.3 metres (20.7 feet). The applicant is proposing to tandem park up to 4 vehicles (see Schedule 3), accessed by a 3.7 metre (12 feet) wide manoeuvring aisle. Such an arrangement is going to require a number of vehicular movements to get one vehicle out. The applicant has not yet demonstrated that this arrangement will work. If such movements cannot be achieved, it may be that further off -site parking will be needed for the temporary storage of vehicles while retrieving other vehicles, contributing to further traffic congestion in the general area. 4. The building encroaches into the rear (east) yard of Parcel 1 for which no relief from the zoning requirement has been requested. The proposed development has been designed such that the parking garage extends beyond the hotel tower on its east side. This parking garage is located underground at the west property line, but as the site slopes down to the east, it projects significantly above grade at the east property line. As can be seen on the attached Schedule 2, this garage is set back about 0.6 metres (2 feet) from the rear (east) property line, whereas the Zoning By -law requires all parts of a building on the subject land to be set back 3 metres (9.7 feet) from the rear property line. The applicant has been made aware of this non compliance, but has noted he disagrees with staff's position. CONCLUSION: 1. The proposed Zoning By -law amendment cannot be supported for the following reasons: 2. It is recommended the proposal be redesigned to contain all required parking to the hotel site. A.Bryce:mb Attach. The proposed on -site tandem parking demonstrated to work. Recommended by: Approved by: Respectfully submitted' Locating required parking off -site is not encouraged by the Official Plan, is not in keeping with the Council adopted Tourism Policy Review Implementation Handbook and will contribute to traffic congestion on City streets. S:PDR 2007.2, AM -14, 5362 Robinson 51 Application to AIIawTenclemParking.wpo Alex Herlovitch, Director of Planning Development arrangement has not been Ed Dujlovic, EYc�'c�tive Director of Community Services G, c5 ir John MacDonald, Chief Administrative Officer Date of Appl. Name and Address of Hotel Distance from Hotel of spaces on site of spaces off site Total of Req. Spaces 1984 Days Inn 61m 40 51 91 5943 Victoria Ave (200 ft) (45 (56 1989 Renaissance 36.6m 108 117 225 6455 Fallsview Blvd (120 ft) (48 (52 1990 Fireside Inn 39.9m 21 47 68 4067 River Rd (131 ft) (30 (70 1999 Quality Inn 15.2m 16 90 106 5257 Ferry Street (50 ft) (15 (85 1999 Sheraton Fallsview 30.5m 270 392 662 6755 Fallsview Blvd (100 ft) (41 (59 2000 Hilton Hotel 30.5m 865 102 967 6361 Fallsview Blvd (100 ft) (90 (10 2000 Embassy Suites 198m 762m 302 35 337 6700 Fallsview Blvd (650 2500 ft) (90 (10 2000 Marriott Hotel 198m 762m 0 296 296 6740 Fallsview Blvd (650 2500 ft) (100 2000 Minolta Tower 305m 3 48 51 6732 Fallsview Blvd (1000 ft) (6 (94 2000 Radisson Hote] 213m 231 22 240 6733 Fallsview Blvd (700 ft) (91 (9 2002 Double Tree Lodge 52m 243 46 289 6039 Fallsview Blvd (1701)) (84 (16 2005 Springhill Suites 1424m 258 167 426 5930 Victoria Ave (4672 ft) (61 (39 Q p: a ge October 15, 2007 5 APPENDIX 1 Tourist Developments with Approved Off -Site Parking PD- 2007 -82 *Excluded from the average calculation because the off -site parking was subject of a grandfathered zoning. Subject Land Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: 5382 Robinson Street and West Side of Stanley Avenue South of Robinson Street Applicant: Canadian Niagara Hotels 1:NTS AM- 14/2007 September 2007 i1 0.6 METRES 3.0 METRES I Schedule 3 hi Mil 0 0 w Q 1 V rt D P..... 01301 i i I. rs at"....n .i.......... r. r .u =CM Awns HOTEL DEVELOPMENT AT THE JOLLY CUT t. C1MPWO<W3APA HORS 20;• 4' (r4 1455749 11R-6" 0 PROPOSED OFFSITE PARKING LOT ON STANELY AVE, NIAGARA FALLS 1 ;20.5.J u:2 sea) 1 320.:58' 11129221212. 28.111 me M. 1 r a 1 /4 AIS 0' 10' "'gam 11M2roanerrnrryi awiILISL.,. P.. Few rot nynginnY 142•XCL, Cr .t JT r 32 (n- 1 Ci==== m Skylon Tower City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. Doug Darbyson Director of Planning and Development Dear Sir: Re: 5200 Robinson Street Niagara Falls, Canada L2G2A3 Telephone 905-356-2651 Fax 905-356-8699 5382 Robinson Street Zoning By -law Amendment Application on behalf of Canadian Niagara Hotels City File No. AM- 14/2007 I am writing to you on behalf of 656508 Ontario Limited (Skylon Tower) which is the owner and capital tenant of lands adjacent to the Iands affected by the above -noted Application. The principals of 656508 Ontario Limited are members of the Yerich family, which has significant holdings in this area, including the operation of the Skylon Tower. We are in receipt of the Notice of Application and Public Meeting with respect to the above -noted matter. We are still conducting a review of this Application and may be providing supplementary comments at a later date. It is also our intention to appear as a delegation at the public meeting scheduled for October 15, 2007 to make further submissions. At this time, we have several concerns with the Application. First, the amount of off -site parking that is proposed and the significant distance to the proposed off -site location may cause patrons of the proposed hotel, dining guests of the proposed hotel and staff of the proposed hotel to seek more proximate and affordable parking on the lands of the Skylon Tower. This may have an adverse impact upon available parking for patrons of the Skylon Tower and other nearby businesses controlled by the Yerich family. Second, the proposed additional traffic for Robinson Street which will be created by off site parking may have adverse impacts and implications for other users of Robinson Street and the long -term development plans of the Yerich family and other proponents in the area. At this time, it is our submission that the proposal does not represent good land use planning and we will elaborate further upon our concerns once we have had an opportunity to complete our review of this matter. Gebfge YerYch Jr. Vice President eneral Manager tober 4, I L 77o7- Jim Williams Chairman Niagara Parks a An a8<nryof,be Cm'a,n nc of °Marta MCC 1E85 ��titl (L eL v 'cS /cr Andrew Bryce Planner 2 Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: RECEIVED FEB 2 5 2008 P LANNING DEVELOPMENT RE: AM- 14/2007 PROPOSED WESTIN HOTEL, 5382 ROBINSON STREET We acknowledge the receipt of the City's notice that the Niagara Falls council passed an application to allow 174 of the 239 required parking spaces to be off site, as well as allowing parking in tandem, actually double tandem on site. This latest application is now asking for 235 of 329 required spaces to be tandem, actually double tandem (4 deep) at the off site location. While Parks staff does not consider this off site parking within our jurisdiction we do question if the project has been enlarged to require an extra 90 parking spaces. We also question that if so much parking is required off site that perhaps the project is too large for the site. We note on the latest drawings provided to us today that the setback from the Queen Victoria Park boundary has changed from the plans previously approved by the City of Niagara Falls. Our 2003 and 2004 drawings indicate a 10 -foot landscape buffer between the building and the Park. The latest plans indicate this landscape buffer has shrunk to approximately three feet. The Niagara Parks Commission requests an explanation of this reduction as well as a detailed explanation of any other discrete alterations the plans may contain since our last official review of the building and site plan. Parks staff wilt be required to bring this change to the Commission and we respectfully request that any further approvals be deferred until such time as the Commission can review the situation and provide staff with direction. Yours truly, Dave Gill* CIP, RPP Manager Planning Properties THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.com Engineering Gillis Phone: 9 05/356- 224 ext. 260 Fax: 905/356 -7262 E -Mail: npceng @niagaraparks.com February 15, 2008 John Kernahan General Manager Mar, 4. 2008 11:32AM REGIONAL PLANNING Fax Transmittal To: AIA From: Re: ZBLA --f'o'r' e Ai; i CC: 14-Diets 5 3 Z ST `r'intl✓Q,w 44 efi( a1fQ fo v H,.e. S aw ;,4, Niagara Region PLANNING AND DEVELOPMENT 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905 984.3630 Fax: 905-641-5208 No. 2543 P. 1 iECa VEa MAR 04202 PLANNING DEVELOPMENT Far Date: M<, 4 /ogr Pages: Including cover page 1 I Da Cs w(7 a Urgent ForReview Please Comment Please Reply Please Recycle Re L b I `C,. �a ✓lL s CONFIDENTIAL The information contained in this facsimile message is legally use of the individual or entity named below. Any other use, dissemination, dis disclosure or lhi facsimile is strictly prohibited. If you have received this facsimile In error, please Immediately notify us by telephone so that we may arrange the return of the original transmission. Thank you. L( e Mar. 4. 2008 11:32AM REGIONAL PLANNING DATE: TO: FROM: SU B)ECT: Niagarae Region March 3, 2008 No, 2543 P. 2 Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department William Stevens, C.E.T. Development Approvals Manager Zoning 13y-law Amendment Application (REVISED) Applicant/Owner: Canadian Niagara Hotels Proposal: New Westin hotel development at the Jolly Cut proposed off -site parking lot on Stanley Avenue; applicant is now requesting to locate 235 of the 329 required spaces in a tandem arrangement on the off -site parking lot Location: 5382 Robinson Street and West Side of Regional Road 102 (Stanley Avenue) In the City of Niagara Falls City File AM- 14/2007 Our File: D.18.04 (ID #6447) b) High traffic volumes on Regional Road 102 (Stanley Avenue) will create left-turning movement difficulties from the optional egress, A R ECFI, MAR 04 2008 t4 a 1gunlslpaMty of Nfs�aa PLA .j Niagara Region Public Works Department has reviewed the above referenced application and provide the following comments: 1) Off Site Parking Property Access Niagara Region Public Works would question the need for an access to Regional Road 102 (Stanley Avenue) given the recommendations of the Traffic Impact Study Addendum, which clearly defines that full access to the off-site parking shall be provided from the local road (Allendale Avenue). A review of the subject property also indicates that the optional Regional Road 102 (Stanley Avenue) access would be unfeasible for the following reasons: a) A substantial grade differential between the subject property and Regional Road 102 (Stanley Avenue) will be problematic for accommodating any relocated access with the proposed parking arrangement According to the TAC Manual, there can only be a geometric design grade with a maximum 4.0% for the driveway Mar. 4. 2008 11:32AM REGIONAL PLANNING Na 2543 P. 3 Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department February 13, 2008 Page 2 of 3 c) The proposed optional Regional Road 102 (Stanley Avenue) access will be in conflict with the opposing existing hotel access. Accordingly, we would request that no access be permitted to Regional Road 102 (Stanley Avenue). Therefore, the proposed optional Regional Road 102 (Stanley Avenue) exit should be removed from the plan and the existing Regional Road 102 (Stanley Avenue) exit should be shown as closed on the plan. 2) Traffic Impact Study Addendum As per our earlier comments dated June 22, 2007, and similar to other applications with off-site parking, we would note that although this proposed hotel does not abut a roadway under Regional jurisdiction, the impact of off site parking will have an adverse affect upon the nearby Regional Road 102 (Stanley Avenue) intersection. As Niagara Region Public Works staff has previously indicated, remote parking results in additional traffic generation, as valet parking requires multiple trips to park and retrieve vehicles. We would encourage the City to evaluate the off -site parking issue with regard to future requirements and policies. 3) Regional Permit Requirements Prior to any construction taking place within a Regional road allowance, Regional Construction Encroachment and Entrance Permits must be obtained. Applications must be made through the Transportation Division's Permits Section of the Public Works Department. 4) Curb Cut and Boulevard Restoration The Regional road allowance must be restored by removing obsolete driveway aprons and curb openings. Existing curb cuts that are no longer required must be removed and replaced with a barrier type curbing. Details on replacement will be provided through the Entrance Permit issuance process. In addition, the boulevard areas that are disturbed must be graded and topsoil and sod placed. As well, any landscaping on the road allowance must be kept to a maximum height of 750 mm and trees must be planted behind the sidewalk approximately one (1) metre from any parking lot curb to allow for overhang of vehicles. Mar. 4. 2008 11:33AM REGIONAL PLANNING No. 2543 P. 4 5) Protection of Survey Evidence Survey Evidence adjacent to all road allowances is not to be damaged or removed during the development of the property. We would request that any agreements entered into for this development include a clause that requires the owner to obtain a certificate from an Ontario Land Surveyor, stating that all existing and new evidence is in place at the completion of said development. We trust that the foregoing Regional comments will be appropriately incorporated into any Site Plan Agreement entered into by the City with this applicant, a m j evens C.E.T. Development Approvals Manager Public Works Department Transportation Services Division Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department February 13, 2008 Page 3of3 CV /cm L:IENGINEERI NG PLANNING D EVELOPMENTVetrone- Camren1Niagara Falls CORRESPONDENCE 2008114430.Peter Colosimo.doc c: Eric L. Flora, P. Eng., CET, Associate Director, Transportation Systems Jim Zeoli, Permits, Municipal Law Enforcement Officer Normans V. Taurins, B.Sc., O.L.S., O.L.I.P., Legal Surveys Manager March 17, 2008 PD- 2008.19 Members: RECOMMENDATION: BACKGROUND: Niagara F alls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2008 -19 AM- 2008 -001, Zoning By -law Amendment Application South Side of Culp Street, East of Corwin Crescent (A.G. Bridge Park) Applicant: City of Niagara Falls Rezoning the Land to an Open Space Category That Council approve the Zoning By -law amendment to rezone the subject land from Residential Single Family 1C Density (R1C) to Open Space (OS), to reflect the existing public park and allow the use of the land for a new recreational facility. On November 26, 2007, Council directed staff to initiate the proposed zoning amendment which would permit the Boys and Girls Club to construct new facilities on a 2.85 hectare (7.04 acre) parcel of land on the south side.of Culp Street, known as A.G. Bridge Park. The amendment would recognize the use of the land for recreational purposes and apply appropriate development standards to guide future recreational uses on the land. The proposed facility is to have a floor area in the range of 2,790 to 3,065 square metres (30,000 to 33,000 square feet), and subject to a long term lease. The current facility located across the street is 1,626 square metres (17,500 square feet). The land is zoned Residential Single Family 10 Density (R1 C). The current zoning does not allow private recreational uses. The zoning of the land is proposed to be changed to Open Space (OS) to recognize the existing public park and allow future recreational uses. The proposed OS zone includes development standards that would guide the construction of the Club's proposed building. The following items are attached as background including the Community Information Meeting held on November 15, 2007: Appendix "A" (Staff Report R- 2007 -15, Council May 28, 2007) Appendix "B" (Power Point Presentation, Council May 28, 2007) Appendix °C" (Staff Report:R- 2007 -22, Council September 10, 2007) Appendix I D" (Staff Rgport R- 2007 -33, Community Services Committee November 26, 2007) QueenIStreet PO Box j02 Niagara Fall ON Canad L2E 6X5 905-356-7521 www:niagarafalls cat Working Together to Serve Our Community Community Services Department Planning Development March 17, 2008 2 PD- 2008 -19 The City owns additional lands 0.8 hectares (2 acres) in area, to the rear of the school. This land is not subject to the zoning amendment. Site Conditions and Surrounding Land Uses The park contains two baseball diamonds and tennis courts located in the southern part of the park. A parking area surrounded by mature trees exists adjacent to Culp Street. Princess Margaret School abuts the park to the east. The existing Boys and Girls Club is located to the north on the opposite side of the street. Single detached residences lie to the west and south of the subject land. Circulation Comments Municipal Works Residents Regional Municipality of Niagara The proposal conforms to the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. No concerns. Adequate municipal services exist to service the development. A further evaluation of the necessity for a municipal sidewalk across the frontage of the property will be undertaken at the site plan stage. Parks, Recreation and Culture If the proposed Boys and Girls Club building is built, approximately 1.85 hectares (4.7 acres) of open parkland will remain. The land is located in the Drummond Planning District (the area bounded by Highway 420 to the north, Welland River to the south, the Hydro Canal to the west and the power line corridor west of Stanley Avenue to the east). Community parks serving this community include A.G. Bridge Park, Prince Edward Park, Prince Charles Park, F.J. Miller Park and Fern Park. A number of residents have submitted letters of objection to the proposed rezoning. One letter of support has also been received from the Boys and Girls Club. These letters are included in tonight's agenda. Legal Services and Building and By -law Services No objections. Planning Analysis 1. The requested amendment conforms to the Official Plan. The land is designated as Open Space in the City's Official Plan. Public parks, recreational uses and private clubs, at a scale to serve the larger community, are permitted within this designation. Development in Open Space designated lands are to be complementary to the open space character of the land. March 17, 2008 3 PD- 2008 -19 Community parks typically fall under an Open Space designation. Such parks are expected to provide a wide range of recreational facilities to serve the community, with smaller areas set aside for landscaping and passive recreational uses. The surrounding lands, including Princess Margaret School and the City -owned parcel behind this school, are designated Residential. This designation seeks to protect residents from non residential development by ensuring ancillary uses are compatible with the residential environment. In addition, major traffic generators are generally steered toward sites that are readily accessible from major collector or arterial roads. The proposed rezoning conforms to the Official Plan as follows: The property will be placed under a zone category that is reflective of its designation and current use. The uses permitted by the OS zone that can be developed on the land conforms to the Open Space designation. Larger scale, community serving recreation facilities such as the Boys and Girls Club are expected to locate within Open Space designations. Although a modestly larger facility, the proposed Boys and Girls Club is not expected to generate a significant amount of additional traffic to the detriment of the surrounding residential area. The site is easily accessed by the City's arterial and collector road system which includes Culp Street (one block away) and Lundy's Lane and Drummond Road (2 -3 blocks away). The current infrastructure can accommodate the relocation of this facility. The proposed Boys and Girls Club and associated building and associated outdoor facilities and parking will take up about 1.0 hectares (2.5 acres), leaving most of the park (1.85 hectares or 4.5 acres) as open space. This park will continue to be open to the public and provide recreational opportunities for the neighbourhood and larger community. To assist in maximizing the area of open space as well as minimizing impacts on residences to the west, the building should be located as close to Princess Margaret School as possible. This will provide a large westerly side yard setback that will provide visibility into and surveillance of the park, as well as providing a large setback to nearby residences. 2. Rezoning the land to Open Space (OS) is appropriate. The OS zone has been tailored to ensure permitted uses are compatible with adjacent residential areas. The uses permitted in the OS zone include a public park and recreational uses, which would recognize the existing park and permit the proposed Boys and Girls Club. The standard OS zone contains provisions that will minimize impacts on surrounding uses and control the scale of proposed buildings as follows: Maximum lot coverage for buildings and structures is 10 which will restrict the building coverage of the proposed Boys and Girls Club to 28,520 square metres (30,700 sq. ft.), based on the park area of 2.85 hectares (7.04 acres) provided by a survey completed in January. Although slightly smaller than the maximum 3,065 square metres (33,000 square feet) of floor area the Club was seeking, it is still within the parameters approved by Council in May 2007. March 17, 2008 4 PD- 2008 -19 Required setbacks from all lot lines are 10 metres (32.8 feet). These setbacks are well in excess of the minimum setbacks contained under the R1C zone that currently applies on the property, which requires a side yard setback of 1.8 metres (6 feet) and a front yard setback of 6 metres (20 feet). These increased setbacks will assist in mitigating the impacts of new buildings and structures on surrounding properties. 3. Details of the development will be addressed through site plan control. Through site plan control the following matters will be dealt with: The siting of the building. The proposed building should be sited as far east as possible, to maximize the amount of green space, maximize visibility into the park from Culp Street and to minimize impacts on surrounding residents. The longest part of the building should be oriented in a north -south axis, leaving a large westerly side yard setback. CONCLUSION: Landscaping and buffering, including protection of mature trees and adequate landscaping along adjacent residential properties. Landscaped strips with a minimum width of 3 to 6 metres (10 to 20 feet) should be secured around the parking area. The location of parking spaces and bus loading areas. Grading, servicing, parking lot surfacing, lighting and waste disposal. 4. Other Related Matters Currently the Niagara District School Board has a lease agreement with the City that allows the parking area for A.G. Bridge Park to be used as a kiss and ride drop -off for Princess Margaret School. The site plan should ensure that this can still be provided on -site. The future use of the City -owned land on which the Boys and Girls Club is located will be determined in a separate process. This parcel of land is 0.54 hectares (1.3 acres) in area. If the land is to be declared surplus to the City's needs and sold, it will be subject to public notification through a newspaper. The Official Plan and Zoning By -law No. 79 -200 permit the use of these lands for residential purposes. 1. The proposed rezoning of A.G. Bridge Park to an Open Space (OS) category can be supported for the following reasons: The proposed zoning is consistent with the Open Space designation of the land and will reflect the use of the land as a community park. The Boys and Girls Club is a community serving facility that is expected to locate under an Open Space designation. The standards under the OS zone will control the size and height of future buildings, help to maximize the park area and will provide adequate setbacks from surrounding properties and streets. March 17, 2008 5 PD- 2008 -19 2. Site plan control will be used to maximize the amount of landscaped open space left as well as to assist in mitigating impacts on surrounding residents. Recommended by: Approved by: Respectfully submitted: A.Bryce:mb Attach, S:IPDR120081PD- 2008 -19, AM- 2008 -001, AG Bridge Park.wpd e z-Alex Herlovitch Director of Planning Development Ed Dujlovic, Exeitive Director of Community Services c kf John MacDonald, Chief Administrative Officer Subject Land A Location: Culp Street Applicant: City of Niagara Falls K:\G1S_ Requests \2008\ Schedules\ZoningAMNM -01 Mapping.map SCHEDULE 1 LOCATION MAP O 2 m ASH ST Halm CULP ST AIMS m 111 STOKES ST Amending Zoning By -law No. 79 -200 I:NTS AM- 01/2008 February 2008 May 28, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario NiagaraaIls CANADA Working Together to Serve Our Community Appendix "A" The recommendation(s) contained in this report were adopted by City Council Members: Re: R-2007-15 Feasibility Study: Proposed New Boys Girls Club of Niagara RECOMMENDATION: 1. That the final report dated May 8, 2007, "Proposed New Boys Girls Club Facility Feasibility Study" be received. 2. That the report serve as a resource for the City of Niagara Falls to continue to evaluate the financial request by the Boys Girls Club of Niagara (BGCN) of up to $5 million to support the construction of a new centre. 3. That the City of Niagara Falls' committment in principle to contribute up to $5 million, or maximum of the 50% of the total capital costs for a new centre be conditional upon the following: a) That the building size be downsized to no more than 30,000 to 33,000 square feet consistent with the recommendations of the final report. b) That the size of the pool be reduced to no more than 20 metre leisure concept pool design consistent with the recommendations of the final report. c) That an updated and revised business plan be submitted to include: i) Revised capital budget based on a scaled -down facility as per the report recommendations; ii) Revised operating budget based on a sca led -down facility and that would not require a significant increase in the annual operating support/subsidy provided by the City; iii) Revised fundraising campaign and strategy to include validation of the in- kind development contribution of $2 million (of the $5 million). Community Services Department Parks, Recreation Culture May 28, 2007 2 R-2007-15 (d) Based on the site evaluation and analysis that the McLeod Road not be supported, and that further review of the other three City park sites of Ker Park, Palmer Park, and AG Bridges Park continue to be reviewed with BGCN to recommend a site for a new centre. BACKGROUND: The BGCN had requested Council, in February 2005, to provide financial support for a new Centre. The BGCN had estimated this facility would cost $10 million and the financial support requested of the City was $5 million or 50% of the estimated capital project costs. Council directed Staff to prepare a report. City Staff had recommended to BGCN that in order to provide a report to Council, the financial request necessitated a fundamental and purposeful review of the project to assess the project viability and due diligence. BGCN and the City agreed to the creation, in August 2006, of the New Facility Project Review Committee to complete a comprehensive review of the proposed new centre and undertake a feasibility study. The role of the committee was to assist the consultants in completing the review and to serve as a liaison between the consultants and stakeholders which included, but were not limited to, the BGCN and the City of Niagara Falls. The City committed and dedicated the funds to hire consultants to complete the feasibility study. A Request for Proposal was issued by the City on October 2, 2006, and closed on October 23, 2006. Interviews were also conducted by the Committee as a component of the evaluation process in selecting the consulting firm for the project. The purpose of the feasibility study was to complete a comprehensive and integrated review of the proposal for a new facility with analysis of: I) Needs and community demands analysis; ii) Market feasibility study; iii) Financial analysis and facility operating costs (short and long term); iv) Site review and assessments. The Consultants will present the final report and their recommendations to Council on May 28, 2007. The Consultants, a consulting team, is comprised of the following firms: Monteith Brown Planning Consutants Ltd, Tucker -Reid Associates, The JF Group, and MacLennan Jaunkalns Miller Architects. Recommended by: Approved by: Respectfully submitted: Gr 41/05 Deny a Morrissey, !rector of Parks, Recreation Culture W Ed Dujlovic, Exec ive Dir ct o�unit Services Y ry DM /dasS:kCounditCoundl 200718.2007 Feasibility S y d Rd mme n da Administrative e i Officer Club 2.wm Dean Iorfida Consultants May 28, 2007 From: Denyse Morrissey To: Dean Iorhda Date: 5/16/2007 12:40 PM Subject: Consultants May 28, 2007 Dean, The Proposed New Boys Girls Club Facility, Feasibility Study Report, May 8, 2007 will be presented by: Todd Brown, President/Principal Planner, Monteith Brown Planning Consultants Claire Tucker-Reid, President, Tucker-Reid Associates, Regards, Denyse rage 1 of 1 file://CADocuments and Settingskli2021Local Settingsifemp\XPgrpwise1464AFBD2Doma... 5/17/2007 Dean Iorfida B &G deputation May 28, 2007 Regards, Denyse Denyse Morrissey, B.A; M.P.A. Director Parks, Recreation Culture City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Phone: (905) 356-7521 ext. 3331 Fax: (905) 356 -7404 email: dmorrlssey @nlagarafalls.ca web: www.niagarafalis.ca rage 1 01 Front Denyse Morrissey To: Dean Iorfida Date: 5/16/2007 12 :23 PM Subject: B &G deputation May 28, 2007 CC: Carolynn Ioannoni; Ed Dujlovic; Jeff,signaturesigns @bellnetca; jhett @on.aibn.com; John MacDonald Hi Dean, It is confirmed that on May 28, 2007 B &G will be scheduled on the deputation list represented by: Jeff Wallis Trustee, The Foundation, Boys and Girls Club of Niagara Jeff may present with other colleagues and will advise if the case. file: /CADocuments and Settings \di2021Local Settings \Temp\XPgrpwise \464AF7DCDoma... 5/17/2007 ls NiagaraJanifs Proposed New Boys Girls Club Facility Feasibility Study PRESENTATION TO CITY COUNCIL May 28, 2007 ruceaawd e weacww. Overview The Boys Girls Club of Niagara (BGCN) operates out of a 47 year old facility on Culp Street and the condition of the building is deteriorating. The Club has requested a capital contribution from the City of up to $5 million to replace their facility at another location. The Club has proposed a 41,000sf facility containing a 25 -metre 6 -lane pool, gymnasium, licensed child care, and program rooms. This is almost twice as much space as what the Club currently utilizes. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility- Feasibility Study Appendix "B" 1 Purpose of the Study To suggest facility and space needs for the proposed facility. To assess market viability and potential impacts of the proposed facility on the MacBain Community Centre. To examine options with respect to facility location. To identify reasonable capital and operating costs for the proposed facility. Presentation to City Council May 20, 2007 Proposed New Boys Girls Club Facility Feasibility Study Organization Consultation The Study was led by a "New Facility Project Review Committee which had equal representation from the City of Niagara Falls and the Boys Girls Club of Niagara. A random sample household telephone survey was completed to help identify community needs and preferences relating to aquatic facilities and the Boys Girls Club proposal. The Niagara YMCA was also consulted during the process. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study 2 Areas of Analysis 1. City Commitment 2. Site Evaluation Analysis 3. Facility Size Aquatics 4. Capital Budget Estimates and Project Costs 5. Annual Budget and Operating Costs 6. Boys Girls Club Fundraising Campaign Presentation to City Council May 28 2007 Proposed New Boys B Girls Club Facility Feasibility Study City Commitment The strengthening of partnerships such as its relationship with the Boys Girls Club is a strong focus of the City's community development model. At present, the City provides the Club with an annual grant of $210,000 (plus free service for the Club's fleet). The community values the services provided by the Boys Girls Club. There is an existing market and there is sufficient local demand for the Club to continue to provide these services. The City's contemplated investment in the building suggests that a closer working relationship with the Club is advisable. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study 3 City Commitment RECOMMENDATIONS*** 1. That the City approve one -half of the capital costs to construct the new facility "in principle contingent on the following: the BGCN undertaking a successful fundraising campaign and securing the anticipated "development contributions" to garner the remainder of the capital costs of the project; the BGCN developing a viable Business Plan that establishes how this facility can be financially sustainable on a year -to -year basis; the BGCN assuming all cost overruns for the project; the City entering into an acceptable long -term lease agreement with the Club (if the facility is to be built on City land); or, if the facility is to be built on private land, that it be outside of the market area of the MacBain Community Centre; and the City's capital contribution not exceed a total of $5 million ($1 million per year over 5 years). Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility— Feasibility Study City Commitment RECOMMENDATIONS 2. That the City honour its approval in principle for matching capital funds in a time period of two years to enable the BGCN to complete its capital campaign. 3. That the Project Principles be used as the foundation for the development of a collaborative working relationship between the City and the BGCN. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study 4 5 Project Principles 1. Based on the vision and mandate outlined in the BGCN business plan, the City and BGCN will work together to ensure that the facility's operating philosophy complements the department's mandate for the delivery of public recreation services. 2. The City will contribute up to $5 million In principle" to the capital cost of construction with the balance of the necessary capital funds raised by the BGCN. 3. The BGCN and the City will commit to creating a relationship that maximizes the potential for success of the new complex in terms of fulfilling the vision and mandate of BGCN, meeting certain outstanding community recreation needs and achieving acceptable financial performance. Presentation lo City Council May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study 5 Project Principles 4. While the facility concept and design will be the responsibility of the BGCN, the City's input will be sought to ensure that (as possible) the complex is capable of meeting certain outstanding community facility and program requirements as identified in the Strategic Plan for the Provision of Parks, Recreation, Arts and Culture. 5. The BGCN and the City will collaborate on the initial program, scheduling, marketing, and business planning decisions for the new facility. Responsibilities pertaining to these activities will evolve as the relationship between the entities matures. Presentation to City Council May 28, 2007 Proposed New Boys 8 Girls Club Facility Feasibility St dy 5 City Commitment RECOMMENDATIONS 4. That in planning the development and continued operations of the proposed BGCN facility the City and BGCN meet on an ongoing basis and work together to address the leisure and support needs of the community. It is strongly recommended that the YMCA also be included in the ongoing coordination process. 5. That the BGCN and the City of Niagara Falls enter into discussions with respect to developing a purchase of service agreement that sees the BGCN deliver certain programs and services on behalf of the City in exchange for annual funding that might include an operational contribution to the anticipated deficit. Presentation to City Council May 28, 2007 Proposed New Boys 8 Girls Club Facility— Feasibility Study 6 Project Principles 6. The BGCN will operate and maintain the facility in accordance with standards set out in simple documentation describing the arrangement between the BGCN and the City. 7. The BGCN will be entirely responsible for the financial performance of the facility and will fully absorb all financial risks associated with operations. Therefore, the BGCN will determine the merits and business sustainability of services requested by the City or others and ultimately make decisions associated with incorporating said services into its operating strategy. Presentation to City Council May 20, 2007 Proposed New Boys Girls Club Facility Feasibility St dy City Commitment RECOMMENDATIONS 4. That in planning the development and continued operations of the proposed BGCN facility the City and BGCN meet on an ongoing basis and work together to address the leisure and support needs of the community. It is strongly recommended that the YMCA also be included in the ongoing coordination process. 5. That the BGCN and the City of Niagara Falls enter into discussions with respect to developing a purchase of service agreement that sees the BGCN deliver certain programs and services on behalf of the City in exchange for annual funding that might include an operational contribution to the anticipated deficit. Presentation to City Council May 28, 2007 Proposed New Boys 8 Girls Club Facility— Feasibility Study 6 Site Evaluation Analysis The BGCN owns a site on McLeod Road that is 1.4 km from the MCC. The City has identified 3 other potential sites to consider: A.G. Bridge Park (Culp Street) Palmer Park (Stanley Avenue, near the new arena site) Ker Park (between Sinnicks Avenue Stanley Drive) Presentation to City Council— May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study w..oa.w. Presentation to City Council May 2B, 2007 Proposed New Boys Girls CI b Facility Feasibility Study 7 Site Evaluation Analysis We evaluated each site against a series of criteria to determine the preferred location. The proposed BGCN facility being built in close proximity to the MacBain Community Centre would have a detrimental impact, particularly on indoor pool usage and revenue levels at both facilities. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study Site Evaluation Analysis RECOMMENDATION 6. That, of the four sites evaluated, Ker Park is the most appropriate location for a new Boys Girls Club facility and it is the recommended site for the proposed facility. Presentation to City Council -May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study 8 Facility Size Aquatics The Club's membership has increased by 63% since 2000 and program registration numbers are on the rise after a temporary decline. Future membership increases will not be realized through population growth. The City's child and teen population will decrease by 9% over the next 5 years, after which it will stabilize. The YMCA and BGCN each have market share (each provide approx. 1500 swim lessons per year). Both are projecting increased membership numbers. Both are competing to attract the same age groups. Presentation to City Council May 2B, 2007 Proposed New Boys Girls Club Facility Feasibility Study Facility Size Aquatics The Club has proposed a 25 -metre lane pool. There is capacity remaining in the MacBain Community Centre pool for future recreational swimming and lesson needs (in combination with a BGCN pool of varying description). Licensed child care is integral to the Club's operations and generates money to offset other costs. The 41,000 sf facility proposed by the Club is not financially sustainable, nor is a facility this size necessary to serve the Club's members. Opportunities exist within the proposed design to reduce or eliminate certain spaces. Presentation to City Council -May 28, 2007 Proposed New Boys& Girls Club Facility Feasibility Study 9 Facility Size Aquatics RECOMMENDATIONS 7. That the BGCN reduce the proposed facility to a size of approximately 30,000 to 33,000 square feet (of which no more that 2,000 square feet should be the pool surface) and reflect this in their Business Plan. 8. That the BGCN reduce the size of the pool to a 20 -metre (approximate) leisure concept pool. Presentation to City Council May 28, 2007 Proposed New Boys B Girls Club Facility Feasibility Study Capital Budget Estimates Project Costs A 41,000 sf facility will cost approximately $11.95 million to build (including site development). This estimate is in current year dollars and will likely increase over time. This is approximately $2.67 million more than the Club's estimates. Part of this discrepancy may be attributed to differences in construction approaches and quality of materials. By reducing the size of the pool, our analysis suggests that the Club could save $1.05 million in construction costs. Presentation to City Council May 28, 2007 Proposed New Boys 8, Girls Club Facility Feasibility Study 10 Capital Budget Estimates Project Costs RECOMMENDATIONS*** 9. That the BGCN refine the capital budget estimates in its Business Plan based on the requirements of a scaled down facility. Cost inflation and potential financing impacts must also be assessed. 10.That an independent consultant be retained to establish the specific design quality guidelines for the proposed facility, Presentation to City Council —May 28, 2007 Proposed New Boys B. Girls Club Facility Feasibility Study Annual Budget and Operating Costs The proposed facility is estimated to have an annual operating deficit of approx. $201,000 in its first year. Without the City's contributions, this figure would likely exceed $420,000. By reducing the size of the pool, our analysis suggests that the Club could save $102,000 per year. Presentation to City Council May 28, 2007 Proposed New Boys B Girls Club Facility Feasibility Study 11 Annual Budget and Operating Costs The Club and City must be prepared to address operating deficits in the proposed centre as population growth will not generate the revenue to fully offset increasing expenditures over time. Annual increases in the City's grant allocation to the BGCN may need to be discussed at the outset. Presentation to City Council May 28, 2007 Proposed New Boys 8. Girls Club Facility Feasibility Study Annual Budget and Operating Costs RECOMMENDATIONS 11. That the BGCN and City recognize and plan for the potential of increased operating deficits at the proposed centre over time due to limited net increases in the child and youth population. The City should be prepared to re- evaluate the level of annual funding (currently $210,000 per year, plus assistance with the Club's fleet) that would be required to support the estimated increased annual operating deficits of a new facility for the BGCN. 12. That the BGCN revise its Business Plan to more closely align future increases in usage (beyond the first year of the new facility's operation) with the City's demographic forecasts. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility- Feasibility Study 12 Annual Budget and Operating Costs RECOMMENDATIONS*** 13. That the operating budget projections in the BGCN's Business Plan be realigned and refined to reflect the downsized building envelope, increases to occupancy costs, and achievable revenues as noted in this report; this revised operating budget must be provided to the City for theft review. 14. That the BGCN work toward developing actual costs to deliver each program type and service (including both direct and non direct costs) in order to develop a pricing model and alternate revenue sources. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility Feasibility Study Annual Budget and Operating Costs RECOMMENDATIONS*** 15. That the BGCN commit to an annual contribution to reserve for capital repairs and refurbishments. In the first three years of operation, this contribution should be 1 /year of the cost to replace the building and be increased to 1.5% /year thereafter. Presentation to City Council May 28, 2007 Proposed New Boys Girls Club Facility- Feasibility Study 13 Boys Girls Club Fundraising Campaign The BGCN's capital fundraising campaign (approx. $3 million) is aggressive. Also, the Club's in -kind and development contributions (approx. $2 million) have not been validated. These contributions, however, cannot be assessed any further until the City provides its "in principle" commitment. Presentation to City Council May 28, 2007 Proposed New Boys 8 Girls Club Facility Feasibility Study Boys Girls Club Fundraising Campaign RECOMMENDATION 16. That the BGCN revise its funding strategy based on the recommendations in this report. Presentation to City Council May 28, 2007 Proposed New Boys S Girls Club Facility Feasibility Study 14 Thank You Presentation to City Council May 28, 2007 Proposed New Boys B Girls Club Facility Feasibility Study 15 OUpte111Ve1 lv 4Uu1 Ni agara CANADA alls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2007 -22 A.G. Bridge Park Site for Proposed Boys Girls Club RECOMMENDATION: That a community information meeting regarding the use of A.G. Bridge Park for the proposed new Boys Girls Club facility be coordinated by staff and be held in October 2007. BACKGROUND: On May 28, 2007, the recommendations were outlined in Report 2007 -15 based on the Feasibility Study: Proposed New Boys Girls Club and approved by Council. The site analysis outlined that the site at McLeod Road not be supported. Further review was identified as needed to determine which of the three City parks sites (Ker, Palmer and A.G. Bridge) evaluated would be selected as the location for the new facility. The Boys Girls Club of Niagara provided confirmation in their July 11, 2007 that the organization supports A.G. Bridge Park as the park site for the new facility. A summary of the discussion from the October 2007 community information meeting will be outlined in the next update report to Council on the project, expected in November 2007. Recommended by: Approved by: Respectfully submitted: �w1 hA 0015 Denye Morrissey, Dir ctor of Parks, Recreation Culture v- Ed Dujlovic, E The recommendation(s) contained in this report were adopted by City Council ecutive Director of Community Services Appendix "C" 7150 Montrose Road, Unit 1 Niagara Falls ON,Canada L2H 3N3 905- 356 -7521 www.niagarafalls.ca John MacDonald, Chief Administrative Officer Working Together to Serve Our Community Community Services Department Parks, Recreation Culture November 26, 2007 Councillor Carolynn loannoni, Chair and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R- 2007 -33 A.G. Bridge Park Site for Proposed Boys Girls Club Update RECOMMENDATION: BACKGROUND: COMMUNITY INFORMATION MEETING p cv� yy r <lSI:l+Ja11s Appendix "D" The recommendation(s) contained in this report wen adopted in committee and ratified by City Council That the required public meeting under the Planning Act be initiated for the rezoning of A.G. Bridge Park from Residential (R1 C) to Open Space (OS) to allow the proposed new Boys Girls Club at this site. On May 28, 2007, the recommendations were outlined in Report R- 2007 -15 based on the Feasibility Study: Proposed New Boys Girls Club was approved by Council. The Boys Girls Club of Niagara provided confirmation in its letter of July 11, 2007, that the organization supports A.G. Bridge Park as the park site for the new facility in follow -up to report R- 2007 -15. On October 23, 2007, a community information meeting, hosted by the City of Niagara Falls (Parks, Recreation Culture) and the Boys Girls Club of Niagara was held (agenda attached) at the Boys Girls Club facility. The information flyer (attached) was delivered to approximately 1000 homes, was posted in three locations at A.G. Bridge Park, and posted on the City web site. Princess Margaret school was also provided about 300 flyers for students to take home. Based on the sign -in sheet, approximately 23 adults attended the meeting representing approximately 18 homes /residential addresses. Council reports on the project dated May 28, 2007, and September 10, 2007, were provided to all in attendance as background and are attached to this report. Staff of the Boys Girls Club provided an overview of their project. City Staff provided general background on the project review to date, including the feasibility study completed by the consultants. The re- zoning process was also explained. Working Together to Serve Our Community Community Services Department Parks, Recreation Culture November 26, 2007 R- 2207 -33 Generally, those in attendance expressed concerns about A.G. Bridge Park serving as the site for the new facility which included: size of proposed facility and how much of the park greenspace would be used, residential buffering and specific location of any future facility in the park, impact to the school to parking access with a new facility, existing school related parking issues and increased parking impacts with a larger facility in the community, as well as community street use and traffic impacts and end use of existing City property BGCN occupies. The MacBain Community Centre was referenced and its proximity to A.G. Bridge Park noted. It was questioned whether a location within the North end of the City (as it lacks a community centre) would better serve community needs. The mapping provided by staff, based on the park inventory data base, approximately 12 years old) at the meeting showed A.G. Bridge Park as 8.93 acres. This did not include the lands behind the school which are fenced off from the park. Confirmation of this specific acreage as being accurate was requested from a number of residents. It was confirmed that the total greenspace that is City owned totals 9.21 acres but this is comprised: A.G. Bridge Park 7.20 acres, and the greenspace behind the school of 2.01 acres. The current site of the Club is on City lands which are 1.32 acres. The recent updated and corrected mapping of the applicable City owned and is attached. The consultants evaluated three City park sites (Ker, Palmer and A.G. Bridge) that could serve as the location for the new facility. Park sites which were identified as potentially serving as the home for the new Club were evaluated on a number of criteria including a total park size of 5 to 6 acres being available. Given the proposed new facility is based on a maximum of 33,000 square feet the incorporation of a new facility within 7.2 acres (which does not take into account the 2.01 acres of greenspace which is City owned land behind the school) A.G. Bridge park is well suited to serve as the park site for the new facility. The final decision regarding the use of A.G. Bridge as the location for the future Boys Girls Club of Niagara facility will be a decision of Council at a future date. Recommended by: Approved by: Respectfully submitted: Dernysb Morrissey, Director'of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services f 6( John MacDonald, Chief Administrative Officer Attachments S:1Council\Counci120071R- 2007 -33 A.G. Bridge Park Site for Proposed Boys Girls Club Update.wpd COMMUNITY INFO MEETING Proposed Site for B G Club Niagararans TUESDAY, OCTOBER 23, 2007 <'iN 1Ul 7:00 P.M. BOYS GIRLS CLUB 6681 CULP STREET MEETING AGENDA 1. Welcome and Introductions Joanne Hett Mayor and Members of Council in attendance Boys Girls Club: a) Board of Directors b) Staff City of Niagara Falls Staff: a) Denyse Morrissey, Director of Parks, Recreation Culture b) Alex Herlovitch, Director of Planning Development 2. Overview of B &G Club Joanne Hett 3. A.G. Bridge Park as the site Denyse Morrissey and Alex Herlovitch Project background reference consultants study 2 prior Council reports (available at the door May 28 and September 10) Next Steps PRC Staff and Planning 4. Questions Comments 5. Closing 6. Adjournment R:\Boys Girls Club \B& G Community Info Meeting Oct07.wpd COMMUNITY INFORMATION MEETING The neighbours of A.G. Bridge Park, patrons of the Boys Girls Club and all interested citizens are invited to attend a Community Information Meeting on: A,G, Bridge Park Proposed Site for the Boys Gins Club Tuesday, October 23 2007 7 :00 p,m. 8 :00 p,rn, in the Gymnasium at the Boys Girls Club Niagara 6681 Culp St, Boys Girls Club of Niagara A goad place to be On September 10, 2007, Council aporoved the cr,,ordin<ation of a community meeting regarding the proposed use of A. G. Bridge Park fr.,r the Boy Gilds Club. This report is available on the city's website at www.niiagarafalls.ca or can be picked up at the Boys Girls Club. City staff from both Parks, Recreation Culture, Planning Development, along with those from the Boys Girls Club of Niagara will provide general information on the new Boys Girls Club facility as a feature of A.G. Bridge Park in the future. For more information, please contact Dolores Sacco at 905-356-7521 ext. 3342 or by email at dsacco @niagarafalls.ca, or Joanne Hett at 905 357 -2444 or by email at club @boysandgirlsclubniagara.org. Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2J 6X5 March 3, 2008 Director of Planning: Please accept this letter from the Boys and Girls Club of Niagara in of support of the Zoning Bylaw Amendment Application City File: AM-2008-001 City of Niagara Falls. The proposed bylaw amendment will appropriately recognize the land known as A.G. Bridge Park to correspond with its long time use as recreational space. The proposed bylaw will provide the opportunity to guide the development of the significant property to engage many more Niagara Falls residents in a wider variety of health and wellness activities and further, permit the relocation of the Boys and Girls Club. Through Public Opinion Survey 2007, it is confirmed that the community values the services provided by the Boys and Girls Club and that the Club plays an important role in the community. The current facility located at 6681 Culp Street was constructed in 1960, and has served the City of Niagara Falls well for 47 years. "The existing building was not built to today's standard and is becoming more antiquated each passing year There is Me question that something must be done in the short term to address the state of the Boys and Girls Club infrastructure. (MBPC, May 2007) On May 28, 2007, Niagara Falls City Council approved in principle to fund up to $5,000,000 in capital for the construction of a new Boys and Gids Club, contingent upon the Boys and Girls Club selecting a suitable site for relocation. A. G. Bridge Park was ranked the most suitable site by far primarily based on 47 years of established service in the area and the centrality of the location, which allows the Club to serve the maximum number of the City's children and youth. Understanding the research to date, the Boys and Girls Club is confident that acceptance of the Bylaw Amendment will result in the opportunity to work with the City of Niagara Falls, Princess Margaret School, Rainbow Greenhouses and the residents to maximize the potential to enhance this neighbourhood in the City of Niagara Falls. Thank you for your consideration. Sincerely, Boys Girls Club of Niagara A good place to be e Hett-Tumer ecutive Director t�- Registered Charitable Organization No. 1 26804628RR0001 6681 Culp Street Niagara Falls, ON L2G 2 C5 T 905 357 -2444 F 9 05. 357 -7401 E bSVSalrlsN Ubnla(rIDn a'h Wwww.boysandgi rlsdubni agaraorg RECEIVED MAR 0 4 2008 PLANNING DEVELOPMENT Niagara,Fails /LINE to Serving the Niagara region Niagara i¢;%J Region Mar Conn. &4Me Leo unibedway RECEIVED MAR 0 3 2008 .0 ELk L/9 (7''1 Y.7 cd6; ,.mac_ 'C �T 4t y c UAi.. C /G' C.: We /2/ ACC 6RA,C7 '7t ,e cyCc /<cy c £M7F7C Cu::i ;J,','d, 6uK 4/r//Ctl Atedu Lug.% /SS /&J 4-ud /tea Aa c7 ?C./cal 1(.1g ,C c2;(,;c;CA6Ea 7U c5 iz'., 2 71rE _5 ;Cf Alt' 6esj2 U/'Iz+Cee s ,e47f/t C u c v'« /il 4 /Z% Z ,Zc)[t/e72. ,f-ret-c--Z 77NA) /f t1kS %ilC�t+r�.72. 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CJ(Cc'E .0 TC .r cu... ate C ✓::T (G,J oL 'Tt` 7.34vs CAS C .fj PLANNING DEVELOPMENT #A 4E/2L-C' LI/ TCFI me rZ:—y C.l, /3 /L✓{(tJ //l.' /91 417/-1671 s c jOS 3S 5- `1:1 yc: February 25, 2008 Alex Herlovitch, Director of Planning and Development, Niagara Falls City Hall 4310 Queen Street, Niagara Falls, Ont L2E 6X5 Dear Mr. Herlovitch, RECEIVED MAR 0 4 2QC8 PLANNING &DEVELOPMENT Re: South Side of Culp Street East of Corwin Crescent (A.G.Bridge Park) Zoning By -law Amendment Application City File: AM- 2008 001 -City of Niagara Falls C Cu I am writing to register my protest to the proposed by -law amendment. I find the proposed by -law misleading. The request is to make the A.G. Bridge Park an Open Space that allows for private recreational use. What the neighborhood wants is to keep our park as an Open Space, however to support this bylaw we then allow private recreational facilities (buildings and structures) to develop in the park and take away our park. This seems a little contradictory. Further to designating the A.G. Bridge Park as a place for private recreational uses, I previously wrote a letter to the Parks and Recreation Committee (attached) raising concerns regarding the proposal for the construction of the New Boys and Girls Club of Niagara. At the meeting on Oct 23, 2007, the neighbors of the Boys and Girls Club made a number of reasonable requests of the Club. I am very disappointed that a major organization such as the Boys and Girls Club which is teaching our young citizens the value of being good neighbors and citizens have ignored the very principal of fairness and transparency in conducting a community consultation process, 905 356 -4294 1 6180 Corwin Ave. Niagara Falls, ON L2G 5L8 The questions and concerns of those in attendance and the letter 1 presented to the committee have never been addressed. Now we are being asked to attend a public meeting and again must raise the same concerns as were raised at the Oct.23 meeting. As well as not answering any of the concerns, they also asked for everyone's emails and addresses and agreed they would send replies to all in attendance. We have not had a response from the Club. As a neighbor, I can only conclude that the Board believes they are in the right and do not have to address concerned neighbors. I would still like my concerns addressed. In closing, the Planning and Development Department, before making a recommendation to the Niagara Falls City Council, should take into consideration concerns of the neighborhood. I believe it would be much more beneficial to the city and its citizens not to eliminate a cherished park and green space and amend the bylaw to designate the A.G. Bridge Park as an Open Space for recreational uses but do not permit any erection of buildings or structures with in the Park. Respectfully Submitted, Mary Catherine Lindberg Cc Mayor Ted Salci 905 356 -4294 6180 Corwin Ave. Niagara Falls, ON L2G 5L8 2 Boys' and Girls' Club Alex Herlovitch, Director of Planning City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Dear Sir; Written Submission with Concerns tkO'vklce Development, ebruary 28, 2008 RECEIVED MAR 0 3 2008 PLANNING DEVELOPMENT L) Re: Zoning By -law Amendment Application, City File #AM 2008 -01 My submission is not in favour of this application. I have several concerns and questions regarding the zoning change and proposed construction of a private club on public land. This public land was purchased by Stamford Township in the early 1950's and zoned for single family residences to conform to the surrounding neighbourhood. The northeast corner was later (1958 transferred to the Public School Board and Princess Margaret Senior Public School was built. The school playground and soccer pitch utilize the southeast corner of the property. The remainder of the land has since been used as a City park with ball diamonds and tennis courts included. Thoughts and Questions: 1/ A. G. Bridge Park is the only significant open park land and green space in an area bordered by 420 Hwy., Drummond Road, McLeod Road, and the Hydro Canal (see map). No other park in this area has ball diamonds, tennis courts, soccer pitch, sleigh hill or just plain open space for the neighbourhood residents to use and enjoy. 2/ I would rather see this neighbourhood park improved with perhaps a walking /running track and playground equipment than have it disappear. 3/ The Boys' and Girls' Club is a private club whose facilities although subsidized by the taxpayers, is not open to the public. This includes the fenced -off playground area on the present property. 4/ The Boys' and Girls' Club was recently offered a partnership within the City's new YMCA building but declined. They were then presented with a parcel of property across from St. Michael's High School on McLeod Road which they don't seem to want. Both offers seemed fiscally responsible and sensible. Could the Club explain to us why neither offer was acceptable? 5/ The Boys' and Girls' Club is not really a neighbourhood facility. Could the Club reveal how many of their "clients" are actually from the area and how many of the younger ones are bussed in from other parts of the City? S Concerns: Pg. 2 1/ If the Boys' and Girls' Club does not use the entire park, will the change in zoning be amended to allow denser residential construction such as town housing or apartment buildings? This is not the original residential zoning plan nor will the existing service infrastructure (4" water mains and combined waste and storm sewers) support such development. 2/ I am concerned that by -laws allow such a large redevelopment within our neighbourhood to proceed without notification of residents past the 400' radius of the affected property. I can see the existing Club buildings from my house and yet I did not receive notification of such a proposal of this magnitude. This does not speak well of "transparency" in City business dealings. 3/ If we are unsuccessful in preventing this development, what can we expect for the future of the existing Club property and buildings? More multi family residences or will they be transferred to another group for their use? Suggested Alternatives 1/ Refurbish and expand (if required) of existing Club property. 2/ If new premises are required, make used of donated land on McLeod Road. 3/ Improve the existing A. G. Bridge Park for the enjoyment of the neighbourhood residents and City sports enthusiasts. 4/ Expand the "Notice of Application and Public Meeting" to include notices in the Niagara Falls Review and other local publications. Thank you for your consideration and if I may be of further assistance, please contact me at your convenience. Sincerely, Jim :redin 46 Barker Street, Niagara Falls, Ontario L2G 1Z2 905 356 -6374 I I I O 0 0 S E. N c 8 i C cu C o W N LL G N 0) co O cO O 0 O UI w 10 O C o 0 o U N n To Whom It May Concern: of the Boy's and Girl's Club. d I'm writing in concern of the proposed site, A.G. Bridge Park, the proposed site It is with deep concern that the Boy's and Girl's Club are considering to relocate /move into A.G.Bridge Park. First my family and I are all in favor of the Boy's and Girl's Club and it's services that it provides, But why do they want to take away this beautiful /well kept park? We /I attended a public meeting held at the B.& G. Club in the fall of 2007. And questions were asked but not answered. But the most often question that was asked is "isn't they're another location the Boy's and Girl's Club could move to Why must they take away beautiful Green Space? This park is used and used often, not like the city representatives and the Boy's and Girl's Club representatives suggested at the meeting? During the seasonal weather many organizations, teams, schools, out of towners, and many, many local residents use this beautiful park. You may ask yourself how I may know this. My family of five are DIRECT neighbours of this beautiful park. We see daily activity there. People enjoy many recreational activities at the park I see and speak to people on a daily basis. They all enjoy the park and many say that It must be nice to live right next door to this beautiful park. And that is one of the reasons why we moved to this area. I was born and raised here in Niagara Falls. For forty -four (44) years I have called Niagara Falls home. Please do not take this wonderful park away from us and the people who use it. Please do not sacrifice the park. I'm sure there are other locations that the Boy's and Girl's Club and City representatives could consider. Remember, if you build it they will come, but please do not sacrifice this beautiful well kept park that many people enjoy. It would be a cry' in shame. Sincerely, A proud resident of Niagara Falls and Neighbour of beautiful A.G. Bridge Park. Hcacctlict, -Ucc 3 105 d` (r j RECEIVED FEB 2 7 2008 PLANNING DEVELOPMENT Tony Guarasci and Family. 1* zit S g March 17, 2008 PD- 2008 -22 rj His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araaaaaaaaaJalls C�NA DA Re: PD- 2008 -22 AM- 37/2007, Zoning By -law Amendment Application Kalar Road (West Side), North of Forestview Boulevard Applicant: The Bethlehem Not For- Profit Housing Projects of Niagara Agent: Urban Environmental Management Inc. (Rick Brady) Proposed Apartment Building RECOMMENDATION: That Council approve the Zoning By -law amendment application to change the zoning of the subject land to a site specific R5B zone to permit the development of a 3- storey apartment building containing 40 units with a maximum height of 12.5 metres (41 feet). BACKGROUND: Proposal The amendment is requested for 0.53 ha (1.3 ac.) of vacant land with 54 metres (177 feet) of frontage on the west side of Kalar Road, between Lundy's Lane and Forestview Boulevard, as shown on Schedule 1. The applicant proposes to construct a 3- storey apartment building containing 40 units. Schedule 2 provides details of the preliminary site plan and Schedule 3 illustrates general elevations of the proposed building. A related severance application (File B46/2007/NF) to create the separate lot for the development was refused by the City's Committee of Adjustment on December 4, 2007. That decision has been appealed by the applicant to the Ontario Municipal Board. The subject land is currently zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested the zoning of the land be changed to the Residential Apartment 5B Density (R5B) zone with a special provision for increased height to accommodate a pitched roof. Surrounding Land Uses There are established single- detached dwellings located on the east side of Kalar Road. A school is under construction directly to the south with vacant land for future residential use abutting to the north and west. Further south and to the southwest are new homes and lots within the Deerfield Estates subdivision for single and semi detached dwellings and a townhouse developrpen aithe corner of Kalar Road and Forestview Boulevard. 0 4ueen SfreetP.0 Box 10235Niagara Falls ON .Canada L2E 6X5 905 356 -7521 wwwmagarafialls ca Working Together to Serve Our Community Community Services Department Planning Si Development March 17, 2008 Circulation Comments Information on the requested zoning by -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Municipal Works Planning Review 2 PD- 2008 -22 No objections. Water and sanitary services are available on Kalar Road. Drainage is currently provided by roadside ditches and storm sewer connections will be examined as part of the detailed servicing review. Sidewalks are planned on the west side of Kalar Road. Parks, Recreation Culture Parkland dedication requirements have previously been satisfied forthe land. Landscaping details will be examined at the Site Plan Control stage. Transportation Services A road widening is required along Kalar Road as previously indicated through the severance. The driveway and parking alignment will be addressed during the review of the future site plan. Regional Planning Strongly support the application from a Provincial and Regional planning perspective. The location is desirable for medium density development and will improve the housing mix in the area. There is a need for affordable housing units in the Region and specifically Niagara Falls. Various matters were considered in assessing the application. Based on this analysis, approval is recommended. The review of the amendment is summarized as follows: 1. The proposal complies with the policies of the Official Plan and the Garner Neighbourhood Secondary Plan as well as Provincial Planning policies. The City's Official Plan designates the subject land as Residential. The Official Plan promotes a variety of compatible housing types and densities to meet the needs of different age groups, family sizes and incomes. Apartments 3 to 4 storeys in height are permitted at a density of 75 units /hectare (30 units /acre) which is the density of this proposal. The site satisfies the location criteria for an apartment being on Kalar Road (Arterial) which is also a transit route, and in proximity to schools, parks and commercial areas (Niagara Square and Lundy's Lane). The future reconstruction and widening of Kalar Road is scheduled to address expected increases in traffic. There are no capacity issues. Uses like the proposed apartment will help minimize the number of individual driveway entrances onto this arterial road. The application is consistent with the Provincial Policy Statement and the Growth Plan. March 17, 2008 3 PD- 2008 -22 The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan. The location of the proposed apartment meets the general location principles of the Secondary Plan. A housing mix target of 70% single /semi- detached units and 30% multiple residential units is desired for the overall Garner Neighbourhood. The first phases of development in the neighbourhood south of the hydro corridor were approved predominately for single detached housing, in part, to provide separation between new townhouse and apartment sites within the Garner area and the existing /approved multiple residential uses on the east side of Kalar Road. Thus far, registered subdivision plans in the Garner Neighbourhood have provided 87.5% single /semi- detached housing and 12.5% townhouses far below the stated target for multiple residential development. The provision of more medium density housing and an improved residential mix is required on the balance of vacant land in the north section of the neighbourhood to address this shortfall. The proposed apartment will assist in meeting the required housing targets. 2. The application will provide affordable housing units in the City. The Official Plan goal is to target 25% of all new residential units within each community for affordable housing. The Plan specifically promotes affordable housing developments and encourages City participation in government programs. The proposed development has received a $2.8 million commitment from Niagara Regional Housing (administering the Canada Ontario Affordable Housing Program) to construct the 40 apartment units. This program is aimed at low to moderate income households. Terms of the funding require the apartment owner to charge rents at a maximum of 80% of market rent in the area for at least 20 years. The current CMHC data show 2007 market rents of $680 (1- bedroom), $766 (2- bedroom) and $843 (3- bedroom) which would result in 80% market rents of $544, $613 and $674 per month, respectively. 3. The requested Zoning By -law amendment is appropriate. The existing DH zone is an interim zoning category pending specific development applications. Staff recommended approval of the related severance application with a condition requiring the land be rezoned an appropriate apartment category. The proposed development complies with the lot area and frontage requirements of the requested R5B zone. The preliminary site plan indicates building setbacks that exceed the standard requirements. The pitched roof design (rather than a flat roof) increases the building height to 12.5 metres (41 feet) whereas the zone provision is a maximum of 10 metres (32.8 feet). This architectural feature is in character with the dwellings being built in the neighbourhood. Similar approvals have previously been granted for other apartment projects. The apartment will be subject to Site Plan Control to determine design details such as parking and driveway layout, landscaping, fencing and lighting. CONCLUSION: The proposed development is supported by the City's Official Plan, Garner Neighbourhood Secondary Plan, Regional policies and the Provincial Policy Statement and Growth Plan. March 17, 2008 Recommended by: Approved by: R.Wilson:mb Attach. 4 Additional multiple unit housing is needed in this north section of the Garner area to address housing mix and density requirements. The proposed apartment will provide affordable housing that is needed in the City. A Alex Herlovitch,, Director of Planning Development Ed Dujlovic, Executive Director of Community Services Respectfully submitted: e t c( John iilacD&ua d Chief Administrative Officer S: \PDR\2008\PD- 2008 -22, AM- 37 -07, Kalar Road North of Forestview Boulevard, Bethlehem Not For Profit Housing.wpd PD- 2008 -22 Subject Land K: \GIS_ Requests\ 200T Schedules \ZoningAM\AMJ7lmapping,map SCHEDULE 1 LOCATION MAP SUBJECT LAND SCHOOL UNDER CONSTRUCTION RIDEAU ST Location: Kalar Road (West Side), North ofForestview Boulevard LUNDY'S LANE Applicant: The Bethlehem Not For Profit Housing Projects of Niagara O z Amending Zoning By -law No. 79 -200 ETHEL ST I:NTS AM- 37/2007 Fcbruary 2008 SCHEDULE 2 ve,_,�o.wrm ,i SUI Speyyoj N3 -S3N3 03L39l1Z O1VN000VW ,m uv+ww no Away woe:" Tel I.0 «,J as aV1VN NVId 311S omvyso'smmd vuvsnn dtlON dne>1 Slo3fo2id W3H31H138 and Sowmwo dVNnvn3Hd V! aVOd aV1`dN SCHEDULE 3 ci cm re x W DI en CL z Eili2 00 M LI1 A I Li Thursday March 6, 2008 Thank You Barry and Deby O'Connor Dear Honourable Mayor and City Councillors RECEIVED MAR 0 7 2008 PLANNING DEVELOPMENT Re: City File AM- 37/2007 The Bethlehem Not -For- Profit Housing Projects of Niagara Attached is a petition against the rezoning of land to permit the development of a 3- storey apartment building containing 40 units on Kalar Road. Also included is a letter to the editor of the Niagara Falls Review written when we were first made aware of the possibility of this development in our area. The letter was written by my husband and myself but reflects the feelings of most of the residents in our neighbourhood. We do plan on attending the meeting on March 17/08 7pm and will have a designated speaker to talk on our behalf. We appreciate your attention to this matter and hope you will give full consideration to the residents of our neighbourhood. My husband and I would like to respond to the article in Friday Sept.14 /07 Niagara Falls Review paper regarding the proposed Bethlehem Project on Kalar Rd. I say proposed as it is not the done deal that the article reflected in the write -up and we want residents to know this. As long time residents of Kalar Rd. (32 Years) we have anticipated that eventually growth and development in our area was inevitable. An abundance of single residential family housing, new schools, retirement home have already been developed and along with this a huge influx in traffic So now in answer to this problem we have to deal with the fact of making Kalar Rd. four lanes and the possibility of losing some of our front property. Now we are faced with Bethlehem Projects wanting to develop a multi level housing project. Contrary to what was printed in the Review that this project is widely supported by our area residents, it is in fact widely opposed. My husband is in the process of collecting signatures of all those opposed on a petition and already has many signatures. The first issue we have is the rezoning of this property to allow a three storey building, it does not matter how they landscape it, at the end of the day it is an apartment dwelling. Once rezoning is approved for this type of building I am sure there will be more to follow along the Kalar Rd. up to Lundy's Lane. No, we do not want to look across the street at this type of dwelling. As far as the proposed project, whether it is for transitional or permanent tenants the fact that there is going to be a support worker on site at all times speaks volume for what type of tenants they will be providing housing for. We have the same issues as the residents on Valleyway had and it was not approved in the end there. Is building this project next to a school really responsible planning? I am sure any parents with children attending either school on Kalar Rd. will have concerns with this type of project in their backyard. What about the new homeowners that have built $300,000.00 plus houses with I'm sure the hopes of increased home value down the road. Bethlehem says it is proven not to decrease the value of homes, well is it proven to increase them. In answer to Bethlehem statement NOT IN MY BACKYARD well Kalar Rd. already has several low income and co -op housing integrated. Is the south -west to become the new low- income area in Niagara Falls, enough is enough. We write this as one couple who have enjoyed a big portion of their lives here and are very concerned about what this development will bring to this area, but we know we speak for many as the petition shows. Concerned Residents Barry and Deby O'Connor Date Name Address Phone !ij 6 Ds l. aIta., 1 t.L 1 am lib '1 y 4 iZ j{-1aCJ '1 t,e2 3 9v i R 1 i� i,. 6099 R,si 11', I &cram -c r 12=0 J 705 -/I4 as ri�,rv:% e 0.5%.5 .-4- 7 4 5lS 3S/� -v /5- Fos e- e is 10 0 7 61/47 T)q- l it u k r 07 /4 c' &Y78K*fe 2A a Ao. 1 f s ?56- 0[59 0105 iS-D 1 4 {0/07 k tin (»3Z V,o9_0 -t- cC Y s pry '`173 6/o 7 °I A<A Z 6 (76 kU-P /W 90 5 .s &90 13 A. 24.r� 6 C{6 Q fa ?o o 2 '2 o 7 6 '0 )b)-1- f�a-. 6 6 A 4.4 v4J= s -g-R r 45. 35g, g)- g 6 0 /OGto?. J 7( )7 a-tw 4 4,f RzUF- ca-i ALLma Si root CC4l g, R.c 9DS 3s6 73 V" 3SW s n a _G PTV o7 1471 oAc //IYet`N 1C/- L h /1 ?cc- "35 is= -GG ,�.e 70% a :Rie 11;4 c. 6/96 447a /I %os- sg 3 ,.,T i....'.. 1 h'A) 0. )11, Z \L') Y.S.. i- ../t. 11 I 1, k 3 ?y /f a 7 1 1 vcl 3 q1 d) Pp lad, k.o 2r a 6 27i j, ef N r Taxpayers against Bethlehem Projects proposed 40 Unit Apartment building on the west side of Kalar Road (between Catalina and Rideau St.'s) Date Name Address Phone Kin \ngv0 -4c) kalaj V,\ %I'os- 35Sr-Go5. cp .`M- 1 1SSa, 1 l r 01" 7f°-7 D e rnut r irjnAvvt l Fla ..,4 AZ bb i u, ss.0 gs7-I pure. icw r ive 0s G Ce_ li51( \v,eiu &c,k etn)•`i5 -131, i o J a 3 firke Pal Enqs0 f s Yo"3s g Y d T- 54 pi e- 15 (ru .r• Ctscy c urds`. c1. 7 S 3S; 73� d os 5 $5 A 7 1 R=te� w Taxpayers against Bethlehem Projects proposed 40 Unit Apartment building on the west side of Kalar Road (between Catalina and Rideau St.'s) Date Name Address Phone 5'7+ Is Pal. 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G 13.s iti'lcs t I �i�°--� cal I I it J6N1 �r�a5 n t C n g 9y cP (Df 44 P 69.s �A ?�;St ,OC /D t, 4 1 J 0 K X Z4h �c�hl t R II 1 h is w tom 69. ft_'QCkj�o A r,� aan6 fir Ata d s9 /,9 35 ?it( 956 gar)c5 2o(. 36 Y7 ILA �I IL�� f It ca 0 7 e RCS ►51L[`llIS g k i i akari C� �►1 �i c LEr.- a w+€ Taxpayers against Bethlehem Projects proposed 40 Unit Apartment building on the west side of Kalar Road (between Catalina and Rideau St.'s) Date Name Address Phone gret,./#7 2r' /F 4 ,rte'/ 70 /M Lop SLR :4 1 e+Ka O 4 #7 fl 4( C/Q, ('n: 3 C7 2 7 354- k'f3S /ti 1/ 1 t) D iri6 ral'1.6 A, _Ai i Sm Jo Gl:Ld -t)) 8 FIe kot Cam. ;s g R 7/ 2 ti 'c n e6 3? //d ,'trove (,a• 32- v.P,7e ao iwc Cied7L d p <bl -7 �]e Kate cre, 5_51 -1 10,5 7 4 N l 9 217 i Zo c& u� A r j 9`f /7 ftJ i 6c6 SQrl-cs:10 rirn.ArAi C r rir\o_n 6c11 14f c, ;Legor 37 C l35 SegI20 Sall asce e o, Fv.1 Ala ci3) 9 t k_ 000' Piu -4-I -o L)LI a W '`C as Fcx.-E LAao 1 'l3n.YQ(AA∎l9,tr `TD` C .L ilia .3 S I 01LI 5p 20 1.ir Let. 618o ICALne 2oo.nt 6I?o Ktk..()Q 120J (01 go KA-/ /_nit P-ec$ 353 g6 /5, 3s3 -C, /s 3 a— 8Gis" S V 20 tc cni late 'vc.tcc SLe-rr Ru1-� e.o� 5e -2e (94 z47 3 RtA..) leAtim LY5 4,4 kotf 3S'`/ -3Liso f 2 107 iteskW Faaa 6 a y 8 gr- .140 4 -_S 4 3 5 Taxpayers against Bethlehem Projects proposed 40 Unit Apartment building on the west side of Kalar Road (between Catalina and Rideau St.'s) r o j e c t S.H.A.R.E. Our Community At Work BOARD OF DIRECTORS Jim Ferraro Chairman Brian Fellow Vice Chairman John Carter Past Chairman Bart Mayes City Council Representative Anna Luciano Treasurer Greg Medulun Joyce Morocco Margaret Penca PaisleyJanvary Pool Brian Thompson Selina Volpatti Members Elaine Harvey Executive Director Karen Stearne Honourary Member Niag Niaganlrif Region a xaing ammo*. Binding Lives. UNITED WAY OF NIAGARA FALLS REGISTERED CHARITY NUMBER 107861338RR0001 March 3, 2008 Elaine Harvey Mr. Alex Herlovitch Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Your sincerely; l 4129 Stanley Avenue, Unit 2 Niagara Falls, Ontario L2E 71-13 Phone: 905.357.5121 Fax: 905.357.0143 Email: info @projectshare.ca Web: www.projectshare.ca RECEIVED! MAR 0 4 1005 PLANNING DEVELOPMENT A measure of a community is how it treats those who are disadvantaged Dear Mr. Herlovitch; I am writing in support of the Bethlehem Housing Projects application to rezone the Kalar Road site (application AM- 37/2007) so that they can build 40 affordable apartments. According to statistics gathered by Niagara Regional Housing, affordable housing is badly needed in Niagara Falls and our experience at Project Share supports these stats. We increasingly see people seeking support because their rent and utility payments take too large a proportion of their income. Below are two examples of people who might come to Project Share for help. When a family is paying 50% of their income for rent, a minor illness can mean there are not sufficient funds to buy food that month. Why? Many Niagara Falls jobs do not provide benefits which pay for prescription medication. To compound the problem, many employees do not have sick time so a few days with a strep throat means reduced income for that week. Some retirement plans stop paying the dependent spouse on the death of the person who contributed to the pension plan. Consequently, a senior is unexpectedly able to make ends meet. The surviving spouse can take significant time in an already stressful stage of life to find affordable housing and is left unable to pay for the necessities of life. All communities in the Region of Niagara need more affordable housing so more applications are received than are approved when funds are released to build. However, while both St. Catharines and Welland received allocations in the last wave of funding from the Provincial and Federal governments, Niagara Falls was Left out. Let's not lose this opportunity to help those with low to moderate incomes who live and work in our city. Let's not lose this opportunity to bring $2,800,000 of government funding to Niagara Falls. February 27` 2008 Mr. Alex Herlovich, Director of Planning Development, Niagara Falls City Hall, 4310 Queen Street, Niagara Falls, Ontario. L2E 6X5 Dear Mr. Herlovich: RECEIVED FEB 2 9 2088 P LANNING DEVELOPMENT Subject: City File AM- 37/2007 Bethlehem Project. With regard to a NOTICE OF APPLICATION PUBLIC MEETING information document 1 received in the mail recently, and as one of the ninety -two residents who signed a petition opposing this project, I wish to go on record and express my concerns relating to this subject. My wife and I have lived on Kalar Road for 31 years and watched this area grow including the most recent development of the Deerfield Estates Sub Division that is on -going and the construction of a new school that is scheduled to open in September 2008. In addition to this activity, we will be faced with the reconstruction of Kalar Road, from McLeod Road in the south to Lundy's Lane in the north, that will result in loosing 22 ''4 feet from the front of my property. The latest project, Bethlehem Place, is in the planning stage and is to be built on a parcel of land, on the west side of Kalar Road, directly across from my front door and this I object to very strongly. I feel confident that some members of Council, including Mayor Salci, would express their concerns if this project was to be built directly across from their front door. There are other apartment complexes located on the east side of Kalar Road, south of Westwood Street. We don't need any more of this type of building in this area. The location of Bethlehem Project is not a good choice and it was deemed inappropriate by the Committee of Adjustment at a public meeting held on December 4 2007. However, an appeal was filed and a decision was granted in favor of Bethlehem Project. Surely, there are other locations in the City that would be suitable for this type of project. There is vacant land on the south side of McLeod Road, directly across from St. Michael's High School. There is vacant land on the west side of Kalar Road, north of Thorold Stone Road west of Mount Carmel Sub Division. 2— Bethlehem Project, cont'd: There is no doubt in my mind that this type of apartment complex will have a negative impact on property values in this area, including mine and my neighbors, and the larger homes in Deerfield Estates that have current market values in excess of $350,000.00. In conclusion, and by copy of this letter to all Members of Council, 1 urge Members to seriously consider, not only my concerns, but also the concerns of all residents who oppose this project and to cast their vote accordingly when this subject comes up for discussion at the meeting scheduled for Monday, March 17"'., 2008, where an application to change the zoning of the subject land to permit development of a 3 storey apartment building containing 40 units. Yours truly, %I(C itd td `t ac Leonard Mather, 6164 Kolar Road, Niagara Falls, Ontario. L2h 1T3 Cc: Mayor Salci Councillors: Pietrangelo, Diodati, Fisher, Kerrio, Mayes, Thomson, Wing Ioannoni. Niagara Region PLANNING AND DEVELOPMENT February 25, 2008 Rick Wilson Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: RECEIVED FEB 2 7 2008 PLANNING DEVELOPMENT Re: Zoning By -law Amendment Application West Side of Kalar Road, North of Forestview Boulevard AM- 37/2007 The Bethlehem Not -for Profit Housing Projects of Niagara City of Niagara Falls The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4 Telephone: 905 -984 -3630 Fax: 905-641-5208 E -mail: plan @regional.niagara.on.ca File: D.10.M.11.23 acc This application proposes to amend the City's Zoning By -law to permit a 3- storey rental apartment building containing 40 units. A related severance application to create the parcel for this development was refused by the Committee of Adjustment and has been appealed to the Ontario Municipal Board. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan which permits a variety of land uses with full municipal services to meet the needs of the community. The Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan all promote the provision of affordable housing and more efficient use of urban land that can be achieved through the approval of apartment projects in appropriate locations. The proposed development meets these objectives and will improve the housing mix and overall density in the neighbourhood. Further, the location is desirable for medium density housing as the site is close to existing commercial plazas and is on a major collector road that accommodates public transit and convenient access to major shopping centres and community services. The need for rental housing is also an important consideration. A majority of new housing built in the City is for single detached housing or other forms of home ownership that are not affordable for a growing number of people. There has been a lack of new rental apartment buildings built in the community largely due to high construction costs that tend to make rental tenure unprofitable for most developers. According to Niagara Regional Housing, the waiting list for affordable housing currently includes 4,335 households in the Region of which over 30% of these households are in Niagara Falls. Opportunities to meet this growing need depend on financial assistance that is offered through government housing programs. Building Community. Building Lives. 2 On behalf of the Niagara Region, Niagara Regional Housing administers the New Affordable Housing Development Program established under the Canada Ontario Affordable Housing Program. The program is aimed at moderate income households, not low income or those on social assistance. There has been $2.8 million committed to the project being proposed by Bethlehem Not for Profit and in return the proponents are required to charge affordable rents that are no more than 80% of the CHMC average market rents for a period of at least 20 years. In conclusion, the proposed development meets housing objectives of the Province and the Region and will meet a growing need for new affordable rental housing. Regional Planning staff strongly supports this application from a Provincial and Regional planning perspective. Please send notice of City Council's decision on this application when available. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner C: A. Herlovitch, City of Niagara Falls B. Stevens, Regional Public Works R. Brady, Urban Environmental Management Inc. M. MacLellan, Niagara Regional Housing S. Mannavarajan, Niagara Regional Housing Councillor W. Smeaton M:IMSWORD\PC1Niagara Falls \NFzbla16505 Fallsviewsoulevard.doc March 17, 2008 Niagara alls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -08 Declare Surplus Laneway between McGrail Avenue and Ellen Avenue Our File No.: 2007 -167 RECOMMENDATION: That portions of a laneway located between McGrail Avenue and Ellen Avenue "subject lands and shown hatched on Attachment "1", be declared surplus. BACKGROUND: Report L- 2007 -37, a copy of which is attached as Attachment "2" was presented to Council on October 29, 2007 and authorized Staff to permanently close the subject lands. The subject lands are two portions of a laneway; one portion which is landlocked and located to the northwest of Ellen Avenue and is approximately 15 feet wide at the western end and approximately 10 feet wide at the eastern end; and the other portion which is not landlocked and is located between McGrail Avenue and Ellen Avenue and extends southwesterly from Walnut Street and is approximately 10 feet wide. As with other laneways in the City, there are numerous encroachments onto the subject lands (yards, gardens, trees, fencing) and City Staff is unable to enter the subject lands to remove fallen trees, branches, etc. One abutting landowner has a driveway on the subject lands to access a rear yard garage. Staff has no objections to the declaration of surplus of the subject lands. Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beams City Solicitor L- 2008 -08 F H P Queenn t P Box N Falls'oN Canada�L2E6X5t 05 3567527 wwwniagarafallsEa Working Together to Serve Our Community Corporate Services Department Legal Services xecutive Director of Corporate Services October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2007 -37 Permanently Close Laneway Between McGrail Avenue and Ellen Avenue Our File No.: 2007 -167 RECOMMENDATION: BACKGROUND: NiagaraJalls CANADA Working Together to Serve Our Community L- 2007 -37 The recommendation(s) contained in this report were adopted by City Council That a laneway located between McGrail Avenue and Ellen Avenue to the north west and south east and Centre Street and Walnut Street to the south west and north east "subject lands and shown hatched on Attachment "1" be permanently closed and conveyed to the abutting owners. Legal Services has received a request to permanently close and convey a portion of the subject lands to one of the abutting owners. The City has long had a practice of closing the entire laneway, not just a portion, therefore we will be offering to the abutting owners of the laneway that portion of the laneway which abuts their property. The laneway is an open road allowance "road allowance located between McGrail Avenue and Ellen Avenue and is approximately 10 -15 feet wide, with a portion of it landlocked at the south west end. Permanently closing and disposing of the subject land will relieve the City of all maintenance, plowing and potential liability. It should be noted that presently the subject land only serves the abutting owners. There are numerous, long standing encroachments onto the subject lands, some of which include gardens, fences, trees, gravel and a portion of a concrete walk. The request has been circulated to all City departments, the result of which was that Staff had no objections to the road allowance being permanently closed, declared surplus and conveyed to the abutting owners. The first step in proceeding to sale, given that this is an open road allowance, is to permanently close the road, with any declaration of surplus or sale to follow the registration of that closure, As such, it is our recommendation that the subject lands be permanently closed. 4310 Queen Street P.O. Box 1123, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 wwwnia a raf Corporate Services Department Legal Services uctot)er Z Luu7 Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks 2 k ngith Ken Beaman, City Solicitor K. E. B rden, Acting Director of Corporate Services John cDonald, Chief Administr.tive Officer L- 2007 -37 /.L TERANW TeravleW 0 14 28 42 56 70 84 metres Oct 15, 2007 Protected by Copyright May not be reproduced without permission. This map was compiled using plans and documents recorded In the land Registry System and has been prepared for property Indexing purposes only, This Is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 360 -1190) WE March 17, 2008 TS- 2008 -23 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -23 Investment In Transit Infrastructure Initiatives Federal Gas Tax Trust Fund RECOMMENDATION: Niagara,7alls 1) That Council approve the municipality forwarding a project for Federal Gas Tax funding; 2) That new Operations Facility and a new Transit Termina tl so uthwest sector o€- he -C-ity) be the specific capital infrastructure project forwarded for consideration, valued at 9.2 million dollars; and That the appropriate local representatives of the other levels of government be notified of Niagara Falls' interest in the funding program and that the Mayor and appropriate staff be directed to meet with such government officials, if possible. BACKGROUND: In the latest federal budget, Minister of Finance Jim Flaherty announced two very positive steps for investment in public transit. In response to ongoing requests for stable, long -term funding, the Government has committed to extending the Federal Gas Tax Fund at $2 billion per year beyond 2013 -14 and making it a permanent measure. This will allow municipalities to better plan and finance their long -term infrastructure needs. The budget also set aside up to $500 million in this fiscal year to be paid into a third -party trust, allocated on a provincial territorial per capita basis, for public transit infrastructure. The beneficiaries of the trust will have the flexibility to draw down the funding as they require over the next two years. The trust will be used for specific projects of capital •infrastructure such as enhancing operations facilities, investing in new vehicles, developing rapid transit system or providing high occupancy vehicle and bicycle lanes. Unfortunately, the timelines ar:,e'r`short: in order to be eligible for the trust, transit systems will need to reach agree:,er*wlth the Province and be prepared to announce these initiatives within the y fio 'Lirweeks, 1ucen x102TO!:,9r Fall as ONCanada'iL 2Ect)9 wwnia K0Q lan'. r+ +a ,T. 1 ..W;'if i_ rar s_ •:r...D 356 7521 w gatnalls•ca Working Together to Serve Our Community Community Services Department Transportation Services March 17, 2008 As Council is aware, the IBI Group was retained to undertake a Transit Strategic Business Plan and Growth Strategy (cf. TS- 2008 -09, January 14, 2008). The consultants are tasked with, amongst other things, analyzing growth needs, reviewing infrastructure facilities and identifying possible Federal and Provincial funding opportunities. Despite being early in their investigations, the IBI Group was asked to identify and recommend any project(s) that met the criteria of a specific capital infrastructure project that could be announced by the end of the month. The IBI Group consultant's summarized the foremost infrastructure needs of our community (see Attachment). They have identified a new Operations Facility and a new Transit Terminal to be located in the growing south west sector of the City, valued at 9.2 million dollars, as the capital infrastructures that can be identified on such short notice. CONCLUSION: The recent Federal Budget has extended Federal Gas Tax funding. $500 million will be put into a third -party trust this year for public transit infrastructure. In order to be considered for funding, transit systems have to be prepared to announce priority projects by the end of March. The IBI Group, consultants on the Transit Strategic Business Plan and Ridership Growth Strategy, have identified a new Operations Facility and a new Central Transit Terminal, valued at 9.2 million dollars as infrastructure projects that may qualify for funding. The feasibility of these projects is contingent upon funding from the City and other levels of government. Prepared by: Approved by: Respectfully submitted: D. Stuart/D. Iorfida V52008COUNCIL1080317 TS- 2008 -23 Federal Gas Tax Trust Fund. Ed Dujlovic, -2- TS- 2008 -23 Karl Dren, Difect r of Transportation Services ecutive Director of Community Services John MJ onald, Chief Administrati Officer March 11, 2008 Mr. Karl Dren Director of Transportation Services City of Niagara Falls 4320 Bridge Street Niagara Falls, Ontario L2E 2R7 Dear Mr. Dren: IBI GROUP Capital Needs Niagara Transit Strategic Plan Renewal of Niagara Transit Facilities We are progressing with our work in preparing a new Strategic Plan for Niagara Transit, in accordance with our consulting assignment. In this regard, we have completed our initial assessment of the City's main transit facility at 4320 Bridge Street and completed an initial review of future transit services and related infrastructure needs in support of required future transit services. Our findings are summarized below and are provided in support of the City's application to the federal and provincial governments for infrastructure funding pursuant to the recent federal budget announcement. New Transit Facility Required The existing main transit facility which accommodates all transit operations, vehicle maintenance and administration functions was originally constructed in 1959 -60 and has been modified and expanded in several stages over the past 40 years. It was designed at a time when the scope of the City's transit operation was less extensive than today and when transit buses were smaller. As a result of growth in transit operations and the size of transit buses over the ensuing years, the building today is over capacity and functionally inadequate to meet the needs of the City's current transit operations. Further, there is no capability to cost efficiently expand the building due to its original design layout and the nature of the various additions to the building over the years. Our inspection and assessment of the building structure confirms that it is showing signs of physical and structural deterioration, which are the result of both its age and design. The mechanical and electrical systems are below current standards and the building is not energy efficient. Therefore, a significant level of investment is required to bring the building up to current standards independent of a need to expand the building to accommodate future growth. Our preliminary estimate of required refurbishing costs is in the range of $2 million to $2.5 million. This would only bring the building into a state of good repair and workplace safety. It would not resolve the over- capacity and other physical constraints. Given our observations to date, undertaking this work would not be cost effective. To accommodate projected future expansion of transit services in Niagara Falls including the potential integration with the planned People Mover system, improved services to meet the needs of the tourism industry and a general expansion of transit services in response to increase ridership targets and population growth, a larger facility is required. In view of the design limitations and physical condition of the current building, a new building should be constructed. The broad design criteria for such a facility would be approximately 35,000 sq ft (3,300 m and would include: storage for 35 buses, maintenance capabilities for the transit fleet and out of town buses 5th Floor, 230 Richmond Street West, Toronto, ON, M5V 1V6, Canada (416) 596 1930: FAX (416) 596 -0644 IBI is a group of companies providing professional services and is affiliated with IBI Group Architects. Mr. Karl Dren Director of Transportation Services March 11, 2008 consisting of 6 maintenance bays and one service lane, and operations and administrative staff space for up to 80 employees. At current construction prices of some $2,260 /m ($210 /sq ft) and excluding land, the cost of a new transit facility would be approximately $7.4 million. Requirement for A New Transit Terminal The transit system currently has one off- street transfer terminal located in the downtown. There are no other such terminals in the city. With growth of the city to the south and southwest and development of new major malls, our preliminary analysis of travel patterns and transit demand indicate that another off- street transfer terminal will be required as part of a projected re- structuring of transit services and should be located in the southwest quadrant of the city, ideally integrated with one of the major mall developments. This terminal would have the following features: 8 individual bays for the routes connecting at the terminal; user amenities consisting of benches, electronic visual and voice route information system and display signage; a small operations building with a washroom, lunchroom and office for drivers and supervisors; terminal signage and an overall roof canopy to enhance customer comfort :and provide a distinctive image for the transit system. Based on the construction of similar facilities in other communities and subject to final design, we project the cost of this facility to be approximately $1.5 million to $1.8 million, excluding land and contingencies. Summary of Capital Needs In summary, our preliminary estimate of the City's capital needs to renew its transit maintenance facility and to construct a new off- street transfer terminal to meet future transit service and ridership growth is approximately $8.9 million to $9.2 million in 2008 dollars. We would note that renewal and expansion of the transit vehicle fleet would be additional to the above along with other required capital improvements such as AVL /GPS, fare technology and customer enhancements to meet provincial Accessibility for Ontarians with Disabilities Act standards. We trust that the foregoing is satisfactory to your needs and we remain available to answer any questions or provide any needed additional information. Yours sincerely, IBI GROUP C. H. (Chris) Prentice Senior Associate /Project Manager cc: Lee Sims, Director, IBI Group David Hastings, Director, 181 Group Ji19016_NIAGAR_TRNST 12.0 Cones ClienlitrKCrenFacililies2008 -0 3- 11.doc12008 -03 -11kCP ��ACTU I CANADIAN URBAN TRANSIT ASSOCIATION OCIATION GWaf IENNE DU INANOPoRT IJR AIN FEDERAL BUDGET ALERT EXTENSION OF GAS TAX TRANSFER AND $500 MILLION IN NEW DEDICATED FUNDING GOOD NEWS FOR TRANSIT Yesterday's federal budget represents another positive step for investment in public transit. CUTA media reaction can be found on the CUTA web site. Permanent Gas Tax Fund In response to ongoing requests for stable, long -term funding, the Government has announced that the Gas Tax Fund will be extended at $2 billion per year beyond 2013- 14 and become a permanent measure. This will allow all municipalities, both large and small, to better plan and finance their Tong -term infrastructure needs. Strengthening Public Transit Budget 2008 sets aside up to $500 million in this fiscal year (2007 -08) to be paid into a third -party trust, allocated on a provincial territorial per capita basis, for public transit infrastructure. Funding will be paid into the trust, once legislation has been passed, for only those beneficiaries that have made public commitments before March 31, 2008 to undertake investments in public transit. The beneficiaries of the trust will have the flexibility to draw down the funding as they require over the next two years. The trust will be used for specific projects of capital infrastructure such as rapid transit, rail, transit buses, and high occupancy vehicle and bicycle lanes. In order to be eligible for this trust, transit systems will need to reach agreement with respective provinces and territories en priority projects, and be prepared to announce these, within the next four weeks. Please feel free to contact me to discuss the implications of this measure. Michael W. Roschlau President and Chief Executive Officer Canadian Urban Transit Association Tel 416.365.9800, ext. 104 Fax 416.365.1295 E -mail roschlaucutaactu.ca March 17, 2008 F- 2008 -12 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -12 Municipal Accounts RECOMMENDATION: Niagara,Falls C'ANA DA That Council approve the municipal accounts totaling $10,034,150.67 for the period January 24, 2008 to February 20, 2008. BACKGROUND: The accounts have been reviewed by the Acting Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: Todd Harris n, Ac l Director of Financial Services Ken Burden, Actin Executive Director of Corporate Services Respectfully submitted: (V MacDon Chief Administrative Officer Falls ON7Eanada L2E 6X51905 356 -7521 wwwniagarafalls:cai 4310 Queen Street POBox 1023Na 4,1174:4,54e,14-• 2 01 targr-K.v Working Together to Serve Our Community Corporate Services Departmen Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1198891 ONTARIO INC C/A PENINSULA CONSTRUCTION EXCA\ 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 151702 CANADA INC 5 -0 TAXI INC 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP ABSOLUTE COMMUNICATIONS DESIGN ADAMS, PATRICK ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AIM WASTE MANAGEMENT INC AIM WASTE MANAGEMENT INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALLAN,WAYNE ALLIED MEDICAL INSTRUMENTS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARTISTA DESIGN PRINT INC ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF ONTARIO ROAD SUPERVISORS AVIS CAR INC B B LIFT TRUCK SERVICE BAIOCCO CONSTRUCTION CORPORATION BARCLAY TODD'S BARCLAY TODD'S BARRY J. LEGG BEATTIES BASICS BEAULIEU.DIANNE BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BIRMINGHAM FIRE CONTROL BOB ROBINSON SON CONSTRUCTION BOUTILIER,J BRAND BLVD INC BRINKS CANADA LTD BRITISH AUTO SUPPLY BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BUNTIN REID BUNTIN REID CALE SYSTEMS INC CANADA BREAD ONTARIO #T6249 CANADA POST CORPORATION CANADIAN ASSOC OF CERTIFIED PLANNING TECHNICIANS CANADIAN ASSOCIATION OF FIRE CHIEFS CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN PACIFIC RAILWAY CO CANADIAN POLICE ASSOCIATION YEARBOOK CANADIAN SAFETY EQUIPMENT INC CARGILL LIMITED M2098 CARGILL LIMITED M2098 CARGILL LIMITED M2098 Cheque No. Cheque Date Purpose 317850 06- Feb -2008 318030 20- Feb -2008 318031 20- Feb -2008 317889 13 -Feb -2008 317754 06- Feb -2008 317890 13- Feb -2008 317626 30- Jan -2008 317627 30- Jan -2008 317628 30- Jan -2008 317891 13- Feb -2008 318032 20- Feb -2008 317629 30- Jan -2008 318033 20- Feb -2008 317630 30- Jan -2008 317755 06- Feb -2008 317892 13 -Feb -2008 317756 06- Feb -2008 317631 30- Jan -2008 317893 13- Feb -2008 317894 13- Feb -2008 318034 20- Feb -2008 318035 20-Feb -2008 317895 13 -Feb -2008 317633 30- Jan -2008 317634 30- Jan -2008 317757 06- Feb -2008 317896 13- Feb -2008 318036 20- Feb -2008 317759 06- Feb -2008 317760 06- Feb -2008 317635 30- Jan -2008 317761 06- Feb -2008 318037 20- Feb -2008 318038 20- Feb -2008 317763 06- Feb -2008 317898 13- Feb -2008 317762 06- Feb -2008 317636 30- Jan -2008 317764 06- Feb -2008 317900 13- Feb -2008 317637 30- Jan -2008 317901 13 -Feb -2008 317638 30- Jan -2008 317639 30-Jan-2008 318039 20- Feb -2008 317640 30- Jan -2008 317765 06- Feb -2008 317902 13- Feb -2008 317903 13 -Feb -2008 317904 13- Feb -2008 317767 06- Feb -2008 317721 30- Jan -2008 317641 30- Jan -2008 317906 13- Feb -2008 317642 30- Jan -2008 317769 06- Feb -2008 318041 20- Feb -2008 318040 20- Feb -2008 317643 30- Jan -2008 317771 06- Feb -2008 317772 06- Feb -2008 317907 13- Feb -2008 317777 06 -Feb -2008 317773 06- Feb -2008 317774 06 -Feb -2008 317644 30- Jan -2008 317775 06- Feb -2008 317776 06- Feb -2008 318043 20 -Feb -2008 317778 06- Feb -2008 317645 30- Jan -2008 317779 06- Feb -2008 317909 13 -Feb -2008 CONTRACT SERVICES MATERIALS TAX REFUND SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS ADVERTISING SERVICE DEPOSIT REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT- SITE PREPARATION CONTRACT 4 -PAD CLEARING MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS TRAVEL /MILEAGE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS SAFETY BOOTS 08 MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEL/MILEAGE JAN 08 MATERIALS TRAVEL /MILEAGE JANUARY 08 STORES /INVENTORY STORES /INVENTORY MATERIALS CONSULTING SERVICES CONSULTING CONTRACT SERVICES TRAINING REFUND DUPLICATE PAY'T MAINTENANCE /REPAIRS CONTRACT GRASSY BROOK CONCESSION SUPPLIES CONCESSION SUPPLIES CONSULTING SERVICES LEASES AND RENTS TUITION REIMS MUNIC FINANCE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES MAINTENANCE /REPAIRS CONTRACT SERVICES OFC COURSE REIMB MATERIALS CONTRACT SERVICES STORES /INVENTORY CONTRACT SERVICES -LAND SALE TAX REFUND RE: TERRA NIAGARA OFFICE SUPPLIES OFFICE SUPPLIES CONTRACT SERVICES CONCESSION SUPPLIES LEASES AND RENTS PO BOX MEMBERSHIP 2008 MEMBERSHIPS 2008 MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS Page 1 of 7 Amount 924.00 1,968.75 3,476.50 47.25 1,850.38 196.35 815.10 750.00 73.50 36.75 36.75 813,734.83 204,294.98 903.00 2,374.06 10,547.16 54.00 26,842.65 11,073.36 248,168.88 32,627.33 723.20 150.00 902.78 552.00 552.00 552.00 563.04 309.00 771.75 31.00 56.81 487.03 183.06 854.95 6,879.50 5,010.88 30.00 176.44 350,416.28 833.47 173.05 6,842.20 1,135.64 323.30 85.40 8,259.82 662.21 113.00 79.10 33.60 630.00 45.00 638.17 1,167.85 444.54 2,519.21 2,698.80 89.33 1,633.90 915.30 106.57 674.10 140.00 604.20 1,866.12 2,229.75 975.48 206.70 1,039.14 29,341.00 46,151.54 5,896.99 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CARRIER MAUSOLEUMS CONSTRUCTION INC CARRIERE,RYAN CARTER CAR TRUCK RENTALS CASUAL CATERING CASUAL CATERING CENTURY VALLEN CENTURY VALLEN CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIMPANZEE CHOWN CAIRNS BARRISTERS SOLICITORS LLP CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITICORP VENDOR FINANCE LTD CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC CLAYDON,JEFF CNIB COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,D COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES CONTINENTAL TIRE CANADA INC COWAN,HEIDI COWAN, HEIDI CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD SMITH SWALLOW CREDIT BUREAU SERVICES CANADA CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYGNAL TECHNOLOGIES CORP T46181 DARK,TRENT DAVID CHEVROLET CORVETTE LTD DEBENEDETTI,NICK DELL CANADA INC DENCO ENGINEERING LTD DEROSE BROS GENERAL CONTRACTING LIMITED DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DF BROWN ROOFING DICKSON,B DISTRIBUTION FIDECIS INC DOMINION PAVING CO DRAFTCON CALAMAR CORP DRAFTING CLINIC CANADA LTD DRAWING CENTRE DUERKSEN,ANGELA E3 LABORATORIES E3 LABORATORIES EARTH TECH CANADA INC EASTLAND,MARI -LYNNE ECONOMIC DEVELOPERS COUNCIL OF ONTARIO ECONOPRINT.NET EFFAT,EFFAT 5 K ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD ELIA,JOHN ELIA,LUIGI ELLIS ENGINEERING INC Cheque No. Cheque Date Purpose 317646 30- Jan -2008 MATERIALS 317780 06- Feb -2008 MATERIALS 317647 30- Jan -2008 LEASES AND RENTS 317910 13- Feb -2008 MATERIALS 318044 20- Feb -2008 MATERIALS 317912 13 -Feb -2008 MATERIALS 318045 20- Feb -2008 MATERIALS 317648 30- Jan -2008 STORES /INVENTORY 317782 06- Feb -2008 STORES /INVENTORY 317913 13- Feb -2008 STORES /INVENTORY 318046 20- Feb -2008 STORES /INVENTORY 318047 20- Feb -2008 MATERIALS 318048 20- Feb -2008 CONTRACT SERVICES 318049 20- Feb -2008 TAX REFUND JE RANDLE 08 317914 13 -Feb -2008 LEASES AND RENTS 0394938 317783 06- Feb -2008 LEASES AND RENTS 317915 13- Feb -2008 LEASES AND RENTS 317649 30- Jan -2008 CONTRACT SERVICES 317784 06- Feb -2008 MATERIALS 317916 13- Feb -2008 MAINTENANCE/REPAIRS 317785 06- Feb -2008 TRAVEUMILEAGE JAN 08 317786 06- Feb -2008 REMITTANCE ANNUAL CROCUS SA 317650 30- Jan -2008 UTILITIES 317787 06- Feb -2008 UTILITIES 317917 13- Feb -2008 UTILITIES 318050 20- Feb -2008 UTILITIES 317651 30-Jan -2008 OFC COURSE REIMB 317918 13- Feb -2008 STORES /INVENTORY 317652 30- Jan -2008 CONTRACT SERVICES 317919 13- Feb -2008 CONTRACT SERVICES 317788 06- Feb -2008 MATERIALS 318052 20- Feb -2008 TUITION REIMB MANAGING FIN. Al 318052 20- Feb -2008 TUITION REIMB FIN ACCT COMPU 317653 30- Jan -2008 CONTRACT SERVICES 317920 13- Feb -2008 CONTRACT SERVICES 318053 20- Feb -2008 CONTRACT SERVICES 317789 06- Feb -2008 CONTRACT SERVICES 317921 13- Feb -2008 ADMINISTRATIVE 317790 06- Feb -2008 CONTRACT SERVICES 317654 30- Jan -2008 PAYROLL REMITTANCE 317791 06- Feb -2008 PAYROLL REMITTANCE 317922 13- Feb -2008 PAYROLL REMITTANCE 318054 20- Feb -2008 PAYROLL REMITTANCE 317792 06- Feb -2008 MATERIALS 317923 13- Feb -2008 TRAVEUMILEAGE OCT /07 317924 13- Feb -2008 EQUIPMENT 08 CHEV CUBE VAN 318056 20- Feb -2008 TUITION REIMB SURVEYING 317925 13- Feb -2008 EQUIPMENT 317656 30- Jan -2008 MATERIALS 317657 30- Jan -2008 CONTRACT SERVICES 317658 30- Jan -2008 MATERIALS 317793 06- Feb -2008 MATERIALS 317793 06- Feb -2008 MATERIALS 318057 20- Feb -2008 MATERIALS 318058 20- Feb -2008 CONTRACT -RE: FIREHALL THEATEI 318059 20- Feb -2008 COURSE 317794 06- Feb -2008 MATERIALS 317659 30- Jan -2008 CONTRACT -SNOW 318060 20- Feb -2008 CONTRACT MACBAIN 317660 30- Jan -2008 CONTRACT SERVICES 317795 06- Feb -2008 MATERIALS 318061 20- Feb -2008 TRAVEL/MILEAGE FEB 14 -15/08 317661 30- Jan -2008 MATERIALS 318062 20- Feb -2008 CONTRACT SERVICES 317796 06- Feb -2008 CONSULTING 318063 20- Feb -2008 MATERIALS 317928 13 -Feb -2008 MEMBERSHIP 08 REMITTANCE 318064 20- Feb -2008 MATERIALS 317662 30- Jan -2008 TRAVEUMILEAGE 317929 13- Feb -2008 CONTRACT SERVICES 317663 30- Jan -2008 MATERIALS 317797 06- Feb -2008 SAFETY SHOES 317864 30-Jan-2008 SERVICE DEPOSIT REFUND 318065 20- Feb -2008 CONTRACT SERVICES Page 2 of 7 Amount 24,669.75 150.00 733.37 136.62 204.66 328.72 144.41 747.24 395.73 1,047.88 739.62 63.60 1,010.02 671.64 9,946.40 96.62 1,901.79 158.20 257.64 598.91 53.50 100.00 469.65 382.90 41.95 201.29 45.00 349.85 22,156.17 22,129.47 6,361.20 424.65 412.12 125.00 130.00 60.00 18,682.50 20.82 6,741.93 3,200.36 3,243.11 3,242.33 3,402.22 2,943.94 125.00 46,317.57 689.66 8,942.82 228.84 1,060.00 168.55 82,263.81 18,716.19 309.62 9,434.25 45.00 248.58 8,246.85 39,263.22 357.03 174.33 319.90 2,969.95 867.83 10,578.75 456.75 278.25 519.86 776.68 1,631.70 64,946.75 150.00 750.00 2,955.81 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EMCO LIMITED DISTRIBUTION EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS,DOUG EVERLAST RESTORATION INC EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS CHEVROLET OLDSMOBILE LTD FALLS WHOLESALE LTD FASTENAL CANADA FAZAKAS,GERI FELICETTI,SERGE FEREN SIGNS AWNINGS LTD FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORBES FORD FORLIN,KATHY FRALICK CONSTRUCTION, FRANK COWAN COMPANY LIMITED FRED BRUGMAN FRONT RANGE SOLUTIONS G K SERVICES CANADA INC GARY WEAVER PLUMBING HEATING GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY NALCO MOBILE MFG SALES SERVICE INC HAMDANI DRYCLEANERS LTD HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HANG UPS 99 HARKES INDUSTRIES INC HEUSERS STEEL WORKS LTD HICKS MORLEY HAMILTON STEWART STORIE LLP RIMES, DAVID HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF ICI CANADA INC INNOVATIVE SURFACE SOLUTIONS CANADA INTEGRATED BUSINESS CONCEPTS INC INTEGRATED BUSINESS CONCEPTS INC IOANNONI,CARMINE ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD J &B JACKSON,CHRISTINE JAGGER RIMS LIMITED KAUPP ELECTRIC LTD Cheque No. Cheque Date Purpose 317930 13- Feb -2008 STORES /INVENTORY 317665 30- Jan -2008 CONTRACT SERVICES 317931 13 -Feb -2008 CONTRACT SERVICES 317666 30- Jan -2008 UTILITIES 317799 06- Feb -2008 UTILITIES 317932 13- Feb -2008 UTILITIES 318066 20- Feb -2008 UTILITIES 317800 06- Feb -2008 TRAVEUMILEAGE JAN 08 317801 06- Feb -2008 MATERIALS 317933 13- Feb -2008 MATERIALS 317667 30- Jan -2008 TRAVEL/MILEAGE/TRAINING 01/08 317802 06- Feb -2008 REFUND SERVICE DEPOSIT 317934 13- Feb -2008 CONTRACT RE- 4251 HURON ST 317803 06- Feb -2008 CONTRACT SERVICES 317804 06- Feb -2008 REMITTANCE 317935 13- Feb -2008 CONCESSION SUPPLIES 318067 20 -Feb -2008 STORES /INVENTORY 317805 06- Feb -2008 SAFETY SHOES 317668 30Jan -2008 REBATE EMPL. PURCH. 01/08 317669 30- Jan -2008 MATERIALS 317670 30- Jan -2008 ANNUAL REMITTANCE 2008 317806 06- Feb -2008 MAINTENANCE /REPAIRS 318068 20- Feb -2008 REMITTANCE CP99342 317807 06 -Feb -2008 MATERIALS 317937 13- Feb -2008 STORES /INVENTORY 318070 20- Feb -2008 STORES /INVENTORY 317671 30- Jan -2008 EQUIPMENT 317808 06- Feb -2008 TRAVEL/MILEAGE JAN 08 317672 30- Jan -2008 SERVICE DEPOSIT REFUND 317809 06 -Feb -2008 MATERIALS 317938 13- Feb -2008 CONTRACT SERVICES US DRAFT 31- Jan -2008 SERVICES 317673 30-Jan-2008 MATERIALS 317741 30- Jan -2008 CONTRACT SERVICES 317674 30- Jan -2008 STORES /INVENTORY 317810 06- Feb -2008 MATERIALS 317939 13- Feb -2008 STORES /INVENTORY 317940 13- Feb -2008 UTILITIES 317675 30- Jan -2008 MATERIALS 317811 06- Feb -2008 MATERIALS 317941 13- Feb -2008 MATERIALS 317676 30- Jan -2008 PAYROLL REMITTANCE 317677 30- Jan -2008 CONTRACT SERVICES 317812 06- Feb -2008 CONTRACT STREETLIGHTING 317813 06- Feb -2008 CONTRACT SERVICES 317942 13- Feb -2008 CONTRACT STREETLIGHTING 317943 13- Feb -2008 CONTRACT SERVICES DEERFIELE 317944 13- Feb -2008 STORES /INVENTORY 318071 20- Feb -2008 STORES /INVENTORY 317814 06- Feb -2008 STORES /INVENTORY 317945 13- Feb -2008 STORES/INVENTORY 318072 20- Feb -2008 STORES /INVENTORY 317948 13- Feb -2008 STORES /INVENTORY 317946 13- Feb -2008 CONTRACT SERVICES 317815 06- Feb -2008 MAINTENANCE /REPAIRS 318073 20- Feb -2008 REFUND RE: ASSESS REVIEW 317947 13- Feb -2008 TRAVEL/MILEAGE JAN 08 317816 06- Feb -2008 MATERIALS 317817 06- Feb -2008 MATERIALS 318074 20- Feb -2008 MATERIALS 317818 06- Feb -2008 CONTRACT SERVICES 317679 30- Jan -2008 SAFETY SHOES /08 317753 05- Feb -2008 LEASES AND RENTS ELGIN BLOCI 317819 06- Feb -2008 TRAVEL/MILEAGE JAN 08 317949 13- Feb -2008 MATERIALS 317820 06- Feb -2008 MATERIALS 317680 30- Jan -2008 MATERIALS 318075 20- Feb -2008 MATERIALS COLD PATCH 318077 20 -Feb -2008 TUITION REIMB 317821 06- Feb -2008 MATERIALS 317950 13 -Feb -2006 COURIER 317951 13- Feb -2008 TRAVEL/MILEAGE JAN 08 317681 30 -Jan -2008 CONSULTING SERVICES 317952 13- Feb -2008 MATERIALS Page 3 of 7 Amount 169.23 183.75 183.75 4,642.72 73.77 7,335.74 33,461.33 121.50 18,586.92 345.83 138.78 750.00 537.60 1,382.05 24.20 713.91 2,134.19 124.29 300.00 347.05 511.35 3,162.85 1,135,839.68 2,407.41 2,571.47 219.26 18,368.15 48.00 750.00 35, 264.82 114.30 4,068.30 144.52 1,279.84 3,111.62 827.10 215.39 126.45 3,116.79 1,370.80 831.31 48.00 4,006.80 8,614.50 1,602.22 22,019.12 1,476.03 1,440.07 2,875.91 612.86 3,991.57 1,482.38 3,461.87 621.50 56.54 1,823.89 117.50 53.55 243.78 1,096.10 1,228.50 139.98 6,509.75 84.50 45.22 2,884.97 5,219.08 2,704.91 793.20 305.08 36.75 41.50 7,544.07 1,926.65 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KRONSTEIN,MARK KUCHYT,TOM L CAMPBELL ASSOCIATES L ST AMAND ENTERPRISES L ST AMAND ENTERPRISES L WALTER SONS EXCAVATING LAFARGE CANADA INC LAKE'S MAINTENANCE LATOPLAST LTD LELIEVRE PETER LINDSAY PRESS LINDSAY PRESS LONGO,RALPH LYMBURNER,ROBERT M J DUMONT ENTERPRISES LTD MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYIN MAVES,DIANE MAYHEW ASSOCIATES (BURLINGTON) INC MCCONNELL,LUCILLE MCNAMARA,SUSAN MEDCON MECHANICAL LTD MEDIA PRO INC MEMON,AMANULLAH MERRETT,AUDREY LOUISE MICIELI,TONY MICRON INSTALLATIONS LIMITED MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE/MINISTRY OF TRANSPORTATION MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONTELEONE,SAM MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,ANNA MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MORTON,DALE MUNICIPAL RETIREES ORGANIZATION ONTARIO MUNICIPAL WSIB USERS GROUP MY COUNTRY DELICATESSEN N Y STYLE DELI NEDCO NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA CHAIR A VAN NIAGARA COLLEGE ATHLETIC YEARBOOK NIAGARA COMMUNITY FOUNDATION NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS NIAGARA FALLS NIAGARA FALLS NIAGARA FALLS NIAGARA FALLS NIAGARA FALLS NIAGARA FALLS NIAGARA FALLS HUMANE SOCIETY PROFESSIONAL FIRE PROFESSIONAL FIRE PROFESSIONAL FIRE PROFESSIONAL FIRE PROFESSIONAL FIRE TOURISM TOURISM FIGHTERS ASSOC FIGHTERS ASSOC FIGHTERS ASSOC FIGHTERS ASSOC FIGHTERS ASSOC Cheque No. Cheque Date Purpose 317682 30- Jan -2008 CONTRACT SERVICES 317822 06- Feb -2008 CONTRACT SERVICES 317953 13- Feb -2008 CONTRACT SERVICES SANDING 318078 20- Feb -2008 CONTRACT SERVICES PLOWING 317954 13- Feb -2008 TRAVEL/MILEAGE JAN 08 317823 06- Feb -2008 TRAVEL /MILEAGE JAN 08 317956 13- Feb -2008 CONSULTING ST MICHAELS WET 317960 13- Feb -2008 CONTRACT SERVICES 318082 20 -Feb -2008 MATERIALS 317686 30- Jan -2008 CONTRACT SERVICES 317955 13- Feb -2008 MATERIALS 318079 20- Feb -2008 CONTRACT SERVICES 317824 06- Feb -2008 STORES /INVENTORY 317683 30- Jan -2008 EYE GLASSES REPLACEMENT 317958 13- Feb -2008 MATERIALS 318081 20 -Feb -2008 MATERIALS 317826 06- Feb -2008 SAFETY SHOES 317687 30- Jan -2008 REMITTANCE 317694 30- Jan -2008 SERVICES G 317688 30- Jan -2008 CONTRACT SERVICES 317961 13- Feb -2008 TRAVEUMILEAGE JAN 08 317827 06- Feb -2008 MATERIALS 317962 13 -Feb -2008 TRAVEUMILEAGE JAN 08 317963 13- Feb -2008 TRAVEUMILEAGE JAN 08 317689 30- Jan -2008 CONTRACT SERVICES 317690 30- Jan -2008 MATERIALS 318083 20- Feb -2008 TRAVEUMILEAGE JAN 08 317829 06- Feb -2008 PAPP TAX REFUND 317831 06- Feb -2008 MATERIALS 318084 20- Feb -2008 MAINTENANCE/REPAIRS 317832 06- Feb -2008 TRAVEUMILEAGE JAN 08 317834 06- Feb -2008 PAYROLL REMITTANCE EHT 317835 06- Feb -2008 PAYROLL REMITTANCE EHT 317965 13- Feb -2008 REMITTANCE -FINAL OHRP 318086 20- Feb -2008 PST REMITTANCE -DEC 1/07-JAN 31. 318087 20- Feb -2008 REMITTANCE JAN 08 PST 318088 20- Feb -2008 REMITTANCE COURT COSTS 317692 30- Jan -2008 PAYROLL REMITTANCE 317833 06- Feb -2008 PAYROLL REMITTANCE 317964 13- Feb -2008 PAYROLL REMITTANCE 318085 20 -Feb -2008 PAYROLL REMITTANCE 317695 30- Jan -2008 CONTRACT SERVICES 317695 30- Jan -2008 CONTRACT SERVICES 317836 06- Feb -2008 MATERIALS 318089 20 -Feb -2008 MATERIALS 317696 30-Jan-2008 SAFETY SHOES 317697 30- Jan -2008 CONTRACT SERVICES 317838 06- Feb -2008 TUITION REIMB. -EXCEL PART 11 317837 06- Feb -2008 TRAVEUMILEAGE JAN 08 317839 06- Feb -2008 TRAVEUMILEAGE JAN 08 317840 06- Feb -2008 TRAVEUMILEAGE JAN 08 317966 13- Feb -2008 REIMB OUT OF THE COLD 07 317699 30- Jan -2008 REMITTANCE 318091 20- Feb -2008 2008 WCB USERS GRP MEMBERSH 318092 20- Feb -2008 MATERIALS 317976 13- Feb -2008 MATERIALS 317968 13- Feb -2008 MATERIALS 318093 20- Feb -2008 TYPE 10 CEMENT 317969 13- Feb -2008 FEBRUARY 2008 DRAW 318094 20- Feb -2008 MONTHLY DRAW MAR 08 317841 06 -Feb -2008 BUSINESS CARD SIZE AD 318096 20- Feb -2008 SLEEP CHEAP 2007 318097 20- Feb -2008 ADVERTISING 318098 20- Feb -2008 BOWL FOR KIDS SAKE 2008 317843 06- Feb -2008 REMITTANCE DOG TAG SALES 317970 13- Feb -2008 GRANT /CONTRACT SERV. 02/08 318099 20- Feb -2008 CONTRACT SERVICES MARCH 08 317703 30- Jan -2008 PAYROLL REMITTANCE 317846 06- Feb -2008 PAYROLL REMITTANCE 317847 06 -Feb -2008 PAYROLL REMITTANCE 317973 13 -Feb -2008 PAYROLL REMITTANCE 318102 20- Feb -2008 PAYROLL REMITTANCE 317848 06- Feb -2008 GRANT 318103 20- Feb -2008 GRANT ALLOWANCE MAR 08 Page 4 of 7 Amount 1,832.74 11,127.35 6,317.92 684.76 78.00 228.50 1,515.88 470.65 470.65 2,050.58 17,781.98 3,613.58 1,717.60 208.00 826.50 609.56 150.00 45.00 800.22 7,661.55 96.00 1,567.31 90.00 108.00 428.24 88.98 70.50 51.92 135.59 803.48 268.50 60,160.94 4,231.96 13,869.53 3,741.30 6,760.38 6,443.25 1,388.96 1,388.96 1,388.96 1,388.96 84.43 1,542.78 83.17 278.74 150.00 2,183.60 146.35 270.50 135.50 63.00 74.08 250.00 85.00 38.09 224.87 67.90 108.37 29,692.92 29,692.92 173.25 725.00 677.27 300.00 270.00 39,383.19 38,843.19 2,911.52 4,855.66 2,888.04 2,888.04 2,888.04 46,666.66 23,333.33 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDR( NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRC NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRC NIAGARA PENINSULA ENERGY INC (FKA7 NIAGARA FALLS HYDRC NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDR( NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDR( NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRC NIAGARA PENINSULA ENERGY INC (FKA NIAGARA FALLS HYDRC NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA.COM NORJOHN CONTRACTING PAVING LTD OCE- CANADA INC OCE- CANADA INC OCE- CANADA INC O'DELL ASSOCIATES INC. OMERS OMERS OMERS ONTARIO MUNICIPAL ADMINISTRATORS' ASSOCIATION ONTARIO MUNICIPAL FIRE PREVENTION OFFICERS' ASSOCIATIO PASQUARIELLQALF PEACOCK,JOAN PEC ROOF MAINTENANCE PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PETRO CANADA PHILIPS ENGINEERING PINCHIN ENVIRONMENTAL PIPEFLO CONTRACTING CORPORATION PJ MARKETING PORT COLBORNE ECONOMIC DEVELOPMENT TOURISM CORP PRATA,GUY PROJECT SHARE PROJECT SHARE PROSECUTORS' ASSOCIATION OF ONTARIO PROTEL ALARM SIGNAL PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUICKSERVICE TECH (CAN) R W HOIST REPAIRS LTD R M LOUDON LIMITED R M LOUDON LIMITED RBC LIFE INSURANCE COMPANY RCI CONSULTING REAMINED SYSTEMS INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA ROGERS WIRELESS INC SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC Cheque No. Cheque Date 317974 13- Feb -2008 317704 30- Jan -2008 317705 30- Jan -2008 317849 06- Feb -2008 317701 30- Jan -2008 317702 30- Jan -2008 317844 06- Feb -2008 317845 06 -Feb -2008 317971 13- Feb -2008 317972 13- Feb -2008 318100 20- Feb -2008 318101 20- Feb-2008 317851 06- Feb -2008 318104 20- Feb -2008 317706 30- Jan -2008 318095 20- Feb -2008 317975 13 -Feb -2008 317707 30- Jan -2008 317852 06- Feb -2008 317977 13- Feb -2008 317978 13- Feb -2008 317853 06- Feb -2008 317854 06 -Feb -2008 317979 13- Feb -2008 317709 30- Jan -2008 317855 06- Feb -2008 317856 06- Feb -2008 318105 20- Feb -2008 317980 13 -Feb -2008 317710 30- Jan -2008 317857 06- Feb -2008 317981 13- Feb -2008 318106 20- Feb -2008 317982 13- Feb -2008 318107 20- Feb -2008 318108 20- Feb -2008 317983 13- Feb -2008 317711 30 -Jan -2008 317858 06- Feb -2008 317712 30- Jan -2008 317984 13- Feb -2008 318109 20- Feb -2008 317985 13- Feb -2008 317713 30- Jan -2008 317714 30- Jan -2008 317986 13- Feb -2008 317987 13- Feb -2008 317715 30- Jan -2008 317988 13- Feb -2008 318110 20- Feb -2008 317716 30- Jan -2008 317722 30- Jan -2008 317685 30- Jan -2008 317959 13- Feb -2008 317717 30- Jan -2008 317989 13- Feb -2008 317718 30- Jan -2008 317719 30- Jan -2008 317859 06- Feb -2008 317990 13- Feb -2008 318111 20- Feb -2008 317720 30- Jan -2008 317752 31- Jan -2008 317860 06- Feb -2008 317992 13- Feb -2008 US DRAFT 10- Jan -2008 US DRAFT 11- Jan -2008 US DRAFT 11- Jan -2008 US DRAFT 25- Jan -2008 US DRAFT 31-Jan-2008 318113 20 -Feb -2008 317993 13- Feb -2008 318114 20- Feb -2008 317861 06- Feb -2008 Purpose MATERIALS ADMINISTRATIVE CONTRACT SERVICES MATERIALS WATER ARREARS JAN 29/08 UTILITIES WATER ARREARS TRANSFER FEB UTILITIES WATER ARREARS TRSF FEB 12 UTILITIES WATER ARREARS FEB 19(08 UTILITIES REMITTANCE 2008 MEMBERSHIP ADVERTISING PETTY CASH REIMBURSEMENT UTILITIES CONTRACT -ROAD PATCH MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE LIBRARY PAYROLL REMITTANCE REMITTANCE REMITTANCE 2008 MEMBERSHIP MAINTENANCE/REPAIRS REFUND OVERPAYMENT MAINTENANCE/REPAIRS CONTRACT SERVICES CONTRACT. SERVICES MATERIALS MATERIALS REFUND SERVICE DEP MATERIALS MATERIALS CONTRACT SEWER TV INSPECTIC MATERIALS MATERIALS TRAVEUMILEAGE GRANT FEBRUARY 08 MARCH 08 GRANT ALLOWANCE REMITTANCE 08 MEMBERSHIP X 4 CONTRACT SERVICES CONTRACT SERVICES CONTRACT -MAPLE ST STORM CONTRACT -MAPLE ST STORM COURIER COURIER COURIER EQUIPMENT CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES REMITTANCE CONTRACT SERVICES MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SIGNS MOE CERTIF ADMINISTRATIVE SIGNS DEBENTURE INTEREST DEBENTURE INTEREST DEBENTURE PRINC INTEREST DEBENTURE INTEREST LEACHATE CR WATER FLOWS UTILITIES MATERIALS MATERIALS MATERIALS Page 5 of 7 Amount 440.00 62.61 1,092.08 46,947.54 1,713.86 19,927.24 4,423.79 30,163.19 4,665.50 288.95 5,479.26 16,600.38 100.00 394.80 229.79 150.62 45,497.93 8.40 3,656.00 8.40 254.25 431,592.33 26,836.64 659.98 275.00 150.00 90.10 314.15 380.69 216.24 31.80 116.00 155.00 750.00 98.08 703.29 79,737.42 3,208.50 450.00 33.50 25,412.67 25,412.67 240.00 2,115.75 69,221.71 16,076.60 149,675.20 326.13 110.32 83.66 1,154.02 1,127.93 2,687.47 7,091.44 1,234.30 1,016.40 525.00 205,507.69 210,824.33 218,879.46 215,731.87 10,272.87 1,100.00 65,207.85 3,967.93 70,333.50 217,820.24 504,703.14 69,820.23 1,534,090.44 3,394.16 515.28 133.54 212.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SAFETY TODAY SAFETY TODAY SALCI,TED SALCI,TED SCOTIABANK SHAHEEN PEAKER LTD SHRED IT KITCHENER SILVERLINE GROUP INC SMALL BUSINESS CLUB NIAGARA INC SMITH,ADAM C SMITH,LEE ST JOHN AMBULANCE STINSON EQUIPMENT LIMITED STOKES INTERNATIONAL STRANGES,LOU STRATEGY CORP STREAMLINE STREAMLINE SULLIVAN MAHONEY IN TRUST SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SYMPOSIUM TECHNOLOGIES TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TARCZY,TARA TAYLORS WATER SERVICE TECHNICAL STANDARDS SAFETY AUTHORITY TELLIER,MIKE TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TENAQUIP LIMITED THE EMPIRE LIFE INSURANCE CO THE JACKET CELLAR THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW TIM HORTONS STORE #30 TOROMONT TORONTO STAMP INC TRIUMPH ALUMINUM AND SHEET METAL INC TROPHY SHOP THE TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UNITED WAY UNIVERSITY OF WATERLOO UPPER CANADA CONSULTANTS URBAN MARKETING COLLABORATIVE V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER BROTHERS ASPHALT WALKER BROTHERS QUARRIES LTD WAYNE SAFETY INC WAYNE SAFETY INC WEIR FOULDS Cheque No. Cheque Date 317994 13- Feb -2008 318115 20- Feb -2008 317723 30- Jan -2008 318116 20- Feb -2008 317862 06- Feb -2008 317724 30- Jan -2008 317725 30- Jan -2008 317726 30- Jan -2008 318117 20- Feb -2008 317863 06- Feb -2008 317727 30- Jan -2008 SOCIETY OF PUBLIC INSURANCE ADMINISTRATORS OF ONTARI( 317996 13- Feb -2008 ST JOHN AMBULANCE 317864 06- Feb -2008 318119 20 -Feb -2008 317998 13- Feb -2008 317999 13- Feb -2008 317728 30- Jan -2008 318000 13 -Feb -2008 317865 06 -Feb -2008 318120 20- Feb -2008 318029 14- Feb -2008 317730 30- Jan -2008 318121 20- Feb -2008 317729 30- Jan -2008 317866 06- Feb -2008 318001 13- Feb -2008 318002 13- Feb -2008 317732 30- Jan -2008 318003 13- Feb -2008 317733 30- Jan -2008 317867 06- Feb -2008 318004 13- Feb -2008 317734 30- Jan -2008 317868 06- Feb -2008 317869 06- Feb -2008 318005 13 -Feb -2008 318123 20- Feb -2008 317735 30- Jan -2008 317870 06- Feb -2008 318124 20- Feb -2008 318125 20- Feb -2008 317871 06- Feb -2008 317798 06- Feb -2008 318006 13- Feb -2008 317736 30- Jan -2008 317872 06- Feb -2008 318007 13- Feb -2008 318008 13- Feb -2008 317873 06- Feb -2008 317874 06- Feb -2008 317875 06- Feb -2008 318126 20- Feb -2008 318127 20- Feb -2008 317876 06- Feb -2008 318009 13- Feb -2008 317877 06- Feb -2008 317737 30- Jan -2008 318010 13- Feb -2008 318011 13- Feb -2008 317878 06- Feb -2008 318012 13- Feb -2008 318013 13- Feb -2008 318014 13- Feb -2008 317738 30- Jan -2008 317740 30- Jan -2008 318017 13- Feb -2008 318128 20- Feb -2008 317739 30- Jan -2008 317879 06- Feb -2008 318015 13- Feb -2008 318016 13- Feb -2008 317880 06- Feb -2008 318018 13- Feb -2008 318019 13 -Feb -2008 Purpose STORES /INVENTORY STORES /INVENTORY ADMINISTRATIVE ADMINISTRATIVE PURCHASE CARD CONTRACT SERVICES CONTRACT SERVICES REFUND ADVERTISING REFUND PETTY CASH REIMBURSEMENT FEE FOR SPIAO WORKSHOP GRANT MARCH 08 MONTHLY DRAW MATERIALS MATERIALS TRAVEUMILEAGE CONTRACT SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS DEPOSIT- BELLI LANDS REMITTANCE REMITTANCE FUEL FUEL FUEL FUEL SUPPLIES SUPPLIES CONTRACT SERVICES ADVERTISING ADVERTISING REFUND MATERIALS MAINTENANCE /REPAIRS SAFETY BOOTS 08 UTILITIES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES MATERIALS GROUP LIFE MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING MATERIALS MAINTENANCE /REPAIRS OFFICE SUPPLIES CONTRACT- WILLOUGHBY ROOF MATERIALS TRAVEUMILEAGE JAN 08 TRAVEUMILEAGE JAN 08 PARTS PAYROLL REMITTANCE SEMINAR -J POTTS CONTRACT SERVICES CONTRACT SERVICES CONTRACT- GARNER CONTRACT- GRASSY BROOK CONTRACT GARNER MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES Page 6 of 7 Amount 94.92 981.75 2,113.82 1,155.00 9,965.50 1,132.08 72.03 135.95 31.50 20.32 146.40 225.00 5,416.66 2,708.33 1,423.80 814.19 24.50 7,875.28 276.85 745.80 6,500.00 260,506.18 1,611.69 79,107.48 73,052.65 1,356.14 25,032.22 315.32 459.09 19,875.00 1,917.26 983.77 62.00 96.00 189.00 90.39 2,691.08 1,852.28 2,107.46 290.92 6,955.54 112.91 29,015.60 54.81 55.37 55.37 135.60 12,125.61 147.69 12,088.03 112.53 19,843.20 2,561.71 155.00 90.00 499.86 1,577.50 984.00 7,512.75 10,500.00 97,278.04 148,028.18 472,380.66 7,643.70 304.50 34.35 285.40 4,407.31 555.34 500.80 7,523.32 872.36 345.78 6,537.10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTMOUNT PRINTING 1008046 ONTARIO LTD WILKINSON,SCOTT WILLIAMS,WALTER& WILLIAMS, MARGARET WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YMCA YMCA YWCA ST CATHARINES YWCA ST CATHARINES Cheque No. Cheque Date Purpose 317742 30- Jan -2008 PAYROLL DEDUCTIONS 317881 06- Feb -2008 PAYROLL REMITTANCE 318020 13- Feb -2008 PAYROLL REMITTANCE 318129 20- Feb -2008 PAYROLL REMITTANCE 317743 30- Jan -2008 STORES /INVENTORY 317882 06- Feb -2008 STORES /INVENTORY 318021 13 -Feb -2008 MATERIALS 317883 06- Feb -2008 REIMB CPR RECERT 317744 30- Jan -2008 TAX REFUND 317745 30- Jan -2008 CONTRACT SERVICES 318022 13 -Feb -2008 GRANT FEBRUARY 08 318131 20- Feb -2008 GRANT MAR 08 318023 13 -Feb -2008 GRANT FEBRUARY 08 318132 20- Feb -2008 GRANT MARCH 08 317746 30- Jan -2008 FUEL 317884 06- Feb -2008 FUEL 318024 13- Feb -2008 FUEL 318133 20- Feb -2008 FUEL 317747 30- Jan -2008 REMITTANCE 317885 06- Feb -2008 MATERIALS 317886 06 -Feb -2008 PAYROLL REMIT LIBRARY 318025 13 -Feb -2008 REMITTANCE 318134 20- Feb -2008 REMITTANCE 317748 30- Jan -2008 PETTY CASH INCREASE 317887 06- Feb -2008 MATERIALS 317749 30- Jan -2008 MAINTENANCE/REPAIRS 318026 13 -Feb -2008 MATERIALS 318135 20- Feb -2008 MATERIALS 317888 06- Feb -2008 MATERIALS 318136 20- Feb -2008 CONTRACT SERVICES 318027 13- Feb -2008 GRANT FEB 08 318137 20- Feb -2008 GRANT MAR 08 Page 7 of 7 Amount 128.07 128.07 128.07 128.07 5,649.64 674.20 63.00 40.00 162.80 65.00 31,666.67 31,666.67 2,083.33 2,083.33 23,735.63 28,683.52 20,557.24 24,409.47 30,312.90 2,042.12 694.37 14,763.58 3,828.85 1,487.78 410.07 541.58 139.65 404.93 7,516.03 4,007.10 5,181.83 5,181.83 Total 10,034,150.67 March 17, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -13 2007 Major Receivables Year End Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to December 31, 2007. 1. Tax Receivables Current Taxes Percentage Collected Levies to Date Penalties Charged Collection's Balance Tax Arrears Percentage Collected Opening Balance Penalties Charged Collection Balance Total Unpaid Taxes Unpaid Taxes as p Annual Taxes Levied' NiagaraJ Cn NA f)A 2007 93% 158,245,403 1,067,123 148,386,299 10,926,227 2007 2006 94% 147,988,653 1,047,032 139,488,471 9,547,214 2006 65% 69% 68% 14,489,650 14,461,355 16,815,838 1,345,602 1,324,767 1,406,604 10,242,024 10,843,686 12,336,775 5,593,228 4,942,436 5,885,667 16,519,455 14,489,650 14,461,355 10.44% 9.79% aa- N 5,,,ON2Cahadati2F6X5-1'965:356=7.5,21v,www.niabarafallsza Working Together to Serve Our Commruaity 2005 F- 2008 -13 94% 142,101,948 954,626 134,480,886 8,575,688 2005 Corporate Services Department Finance March 17, 2008 Finance staff performed its collection procedures throughout 2007 in a manner similar to other years. The total unpaid taxes as a percentage of amounts billed has increased slightly from the same time in 2006 from 9.79% to 10.44 While the percentage as of December 31, 2007 is the highest of the last three years, it is significantly lower than the 2004 rate of 12.22 Finance staff will continue to collect outstanding taxes with the procedures available. Council is reminded that all overdue accounts are charged a penalty /interest of 1 -1/4% per month. 2. Other Receivables Sundry Receivables 2007 2006 Accounts Receivables 1,011,726 858,593 Finance staff follows a collection procedure for all accounts to ensure that accounts are collected in a timely manner. All overdue accounts are charged a penalty /interest of 1 -1/4% per month. Recommended by: Approved by: AF:Iw 2 F-2008-13 Todd Harris rector of Finance Ken Burden Acting cutive Director of Corporate Services Respectfully submitted: t a y John MacDonald, hief Administrative Officer March 17, 2008 MW-2008-08 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraj3alls Re: MW- 2008 -08 Consultant Appointment Kalar Road Reconstruction Lundy's Lane to Beaverdams Road That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with DelCan Corporation for the design of storm sewers, street lighting and road reconstruction on Kalar Road from Lundy's Lane to Beaverdams Road for the upset limit of $148,052 excluding GST. BACKGROUND: An Environmental Assessment was completed for this section of Kalar Road in September 2003. The preferred option was to widen the current two -lane roadway to four -lanes with appropriate left -turn lanes at intersections. The design also includes the installation of traffic signals at the Kalar Road /Beaverdams Road intersection. Staff recently completed the procedure to retain Professional Consulting Services for this project which was adopted by Council in 1994. This process is outlined in the Municipal Engineers /Consulting Engineers of Ontario Manual and is also utilized by the Niagara Region and the City of St. Catharines. The Request for Proposal process evaluates the proposals on various items such as technical expertise, similar experience, past performance records, work plan and cost factor. Each consultant submits their proposal in two envelops titled Project Proposal and Cost Estimate Confidential. All proposals are initially reviewed and assessed based on non costs criteria. Subsequently, proposals are further assessed incorporating costs. The proposal with the lowest engineering fee will not necessarily be awarded the project. The envelope containing the fee schedule is not opened in cases where the consultant's proposal assessment is such that it cannot receive the highest point total. Staff invited four (4) consulting3firms to submit proposals to complete the detailed design e ms GFr y 310igueen Street It 011023 6 NiagaraiFalls ON Canada L2E 6X5 905 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works March 17, 2008 2 MW- 2008 -08 for this project. The results of the evaluation and the project fees (excluding GST) are as follows; 1. Delcan Corporation 2. Philips Engineering 3. Upper Canada Consultants 4. V &S Engineering Group Based on the evaluation, staff is recommending that the City enter into a Consulting Services Agreement with Delcan Corporation. This consultant has previously performed similar type of work for the City. We, are therefore, of the opinion that this consultant is capable of successfully undertaking this project. The completion of this design and subsequent construction will provide a new storm sewer and an expanded Kalar Road that will adequately convey the anticipated traffic volumes in this newly developing area. It is expected that the design process, including all approvals, will be completed in 2008 with utility relocations and property acquisition in 2009 and construction in 2010. Financing: The funding source for this project is identified in the 2008 Capital Budget as follows: Development Charges Capital Holding G/L #12 -3- 310027 030000 Prepared by: Approved by: Respectfully submitted: (Niagara Falls) $148,052.00 (Burlington) $194,321.00 (St. Catharines) Not Opened (St. Catharines) Not Opened $84,390.00 (57 $63,662.00 (43 $148,052.00 (100 Geoff Holm Ed Dujlovic, ExeT we Director of Community Services John MacDonald, Chief Administrative Officer R.Volpini S:1REPORT■2008 Repods■MW- 2008 -08 Consultant Appointment -Kalar Rd Recon. Lundy's to Beaverdams wpd March 17, 2008 MW- 2007 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -17 Deerfield Estates Subdivision Agreement Amendment Development Phasing Revision RECOMMENDATION: That the Mayor and Clerk be authorized to sign and execute an amending Subdivision Agreement for the Deerfield Estates Subdivision to reflect the changes to the phasing of the Plan. BACKGROUND: Council approved the last revision on August 13, 2007 to revise the schedule to incorporate the re- lotting of the multi=family blocks (MW- 2007 -81). The Developer has requested a further revision to the phasing of this development in order to be more responsive to the current economic conditions and market demands for housing. This revision will not affect the amount of fees that are collected by the City however an amendment to the Subdivision Agreement is required to adjust the timing of the payments. Attached is a plan showing the new phasing scheme proposed by the developer. Recommended by: Approved by: Respectfully submitted: Niag araaaaaaaaaralls Geoff Hol an, Dir ctor of Municipal Works Ed Dujlovic, Exercutive Director of Community Services 6 Chief Administrative Officer .A3aii_. A 310tQu nn,Stne 0 Box1023AiagaraF§IIs40N Canada 9053567521 wwwniagarafa Community Services Department 008 Reports\MW- 2008 -17 Deerfield Estates Subdivision Agreement Amendment.wpd Municipal Works Schedule "A 1" Deerfield Estates Subdivision This is riot a Flan of Sursre37 KACiSficluttcsN2003`,Schaiu!es'Saodiv;s:oAs Sn.map Schedule Page st [fl IS P:bruras):2008 ehedule A Deerfield Estates Subdivision This is not a Plan of Surt-ev 3805E-2 Existing Psopeitx Parcels Schedule _'tag In the City of Niagara Falls, Schedule "B" Deerfield Estates Subdivision Schedule Page in the Regional Municipality of Niagara and being composed of Lots 1 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272 273, Parts 1 to 53 inclusive (Formerly Lots 214, 215 216 and Blocks 274 275), Block 276 (Multi family), 277 (Woodlot), 278, 279 (Parkland), 280 (School Site), 281 (Kalar Road Widening), 282, 283, 284, 285, 286, 287 288 (0.30m Reserve), and streets namely Parkside Road, Milomir Street, Alina Court, Richard Crescent, Flora Court, Mary Drive, Glavcic Drive, Christopher Crescent, Desanka Avenue, Armelina Crescent, Kelsey Crescent and Forestview Boulevard, according to Registered Plan 59M -354 59R- 13461 SsI. St 5.]]S D[o] geld F aces∎SaliMule D,wpp 0 3 3 S be IX EX ON x 00 CO 0 00 CN o 0 E o CD CX b. km km cm 69 em ret 3 F7 0 rn To Al 7 D -z o .P4 tc {Q\( `f !f 0 oo 00 Ccal 0 0 oo }00 co vec Ica ro E 0 w N re cl gSAS `2 8 l oT Oa 3 0 0 2 .,2 tk a e,, on no 4. o— CA EA be G9 0 M 69 VI UJ GI eA 00 In tag ea 0 ED 0 oe 0 0 0 0 >3_ 0z Tag 0. ce co nn °l g 0 0 Co im 0 azm mzm gam gia T 0 n 2 a !2 -4 00 00 fa 19 EA 0 0 1:71 00 LA u 0 A 19 1/1 EA LA A 0 0 Eo Es oo }00 z i t. al 7 (�j 0 m 22, m m ri `cm 22_ -a K ii d am 3. 2 cn S 2 t ƒ a. z. 2 CL Ca CA oa 3 0 3 3 th aea th th th 0 CA 0 CO 0 en an 0 era tn an IA h oo r) orT 9 0 cn on g' a 0 (a) Subdivider share (b) City share (c) "total 2. Sanitary system on Parkside Road 3. Storm system on Parkside Road 4. Stonnwater Management Pond (a) City share (b) Total (a) Subdivider share (b) City share (c) Total (a) Subdivider share (b) City share (c) Total (a) Subdivider share (b) City share (c) Total Total City share for Items 1 to 8 Add 10% Engineering and 6% GST Total City share Schedule "D" Deerfield Estates Subdivision Cost of Oversized Services: PHASE 1 1. Watermain on Forestview Boulevard and Parkside Road 219,601 103 454 323,055 (a) Subdivider share 257,754.40 64.7 (b) City share 140 859.00 35.3 (c) Total 398,613.40 (100.0 (a) Subdivider share 505,635.80 51.5 (b) City share 476,024.60 48.5 (c) Total 981,660.40 (100.0 215,663 (100.0 215,663 (100.0 5. Granular roads Parkside Road through Hydro Corridor 5 455,888 9,922 465,810 Base roads Parkside Road through Hydro Corridor (a) Subdivider share 302,159.50 96.2 (b) City share 11,890.50 3.8 (c) Total 314,050.00 (100.0 7. Finished roads Parkside Road through Hydro Corridor 225,229 10,771 236,000 8. Sidewalks Parkside Road through Hydro Corridor 133,760 3.740 137,500 68.0 32.0 (100.0 97.9 2.1 (100.0 95.4 4.6 (100.0 97.3 2.7 (100.0 972,324.10 16 f ,405.80 1,133,729.90 say 1,133,730 Schedule Page Cost share City share Development charge 1,133,730 316,665 817,065 payment to be made to developer Note: City share in the above items includes 100% cost of constructing the Parkside Road section through the Ontario Hydro Corridor. PHASE 2 PHASE 3 Storm sewer for Dorchester Meadows (a) Subdivider share 237,084.00 85.3 (bJ City share 40,693.00 14.7 (e) Total 277,777.00 (100.0 2. Sanitary system on Milomir Street (a) Subdivider share 53,232.40 84.6 (b) City share 9 725.00 15.4 (c) Total 62,957.40 (100.0 3. Storm sewer on Milomir Street (a) Subdivider share 97,975.40 85.6 (b) City share 16.436.00 14.4 (c) Total 114,411.40 (100.0 City share for Items 1, 2 3 Add 10% Engineering 6% GST Total City share The developer shall receive a credit for the City share towards the development charge in Schedule "F" for the Phase 2 Stage 1 and Phase 3 Stage 1 development phases which are being constructed together. s V. subdid5ioul005 dla Dd. Id D.wpd Schedule "D" Cont'd Deerfield Estates Subdivision 66,854.00 11 097.76 77,951.76 Schedule Page Services on Existing Roads: None. s 1. SQbdi is imaeoosa3X Dc rfleld smoresisawilwc E wpd Schedule "E" Deerfield Estates Subdivision Schedule Page h A aa oh y3 c iz E P. Cash in Lieu of Parkland Dedication: Schedule "G" Deerfield Estates Subdivision Schedule Page The parkland dedication requirements of the subdivider under the Planning Act are addressed partially through land dedications and the payment of cash -in -lieu of parkland dedication. This land and payment represents the subdivider's responsibility for this subdivision as well as their additional land holdings abutting to the north (future residential plan). Land Dedication Block 278 and Blocic 279 Cash -In -Lieu of Parkland Dedication 3.88 acres at $100,000.00 per acre 3388,000.00 s V. Subdhi,ioL \2005.338 @crFeld Lstaimsrnedulc rwpd Easements and Lands to be Deeded to the City of Niagara Fulls: 1. Easements To be granted to the City within the lands of the subdivision. a) For rearyard catchbasins and leads 3.0 m wide for full length centered on either side of lot line between: i) Lots 2 3 xviii) Lots 88 89 xxxv) Lots 195 196 ii) Lots 5 6 xvix) Lots 91 92 xxxvi) Lots 206 207 in) Lots 12 13 xx) Lots 97 98 xxxvii) Lots 209 210 iv) Lots 14 15 xxi) Lots 100 101 xxxviii) Lots 218 219 v) Lots 15 16 xxii) Lots 103 104 xxxix) Lots 221 222 vi) Lots 18 19 xxiii) Lots 106 107 xI) Lots 224 225 vii) Lots 31 32 xxiv) Lots 110 111 xli) Lots 245 246 viii) Lots 34 35 xxv) Lots 119 120 xlii) Lots 248 249 ix) Lots 37 38 xxvi) Lots 121 122 xliii) Lots 263 264 x) Lots 40 41 xxvii) Lots 125 126 xliv) Parts 3 4 xi) Lots 57 58 xxviii) Lots 130 131 xlv) Parts 10 11 Kilt Lots 61 62 xxix) Lots 137 138 xlvi) Parts 18 19 xiii) Lots 65 66 xxx) Lots 140 141 xlvii) Parts 26/27 28/29/30 xiv) Lots 76 77 xxxi) Lots 143 144 xlviii) Parts 35 36 xv) Lots 78 79 xxxii) Lots 149 150 xlix) Parts 42 43 xvi) Lots 81 82 xxxiii) Lots 179 180 xlx) Parts 49 50 xvii) Lots 86 87 xxxiv) Lots 182 183 h) For rearyard catchbasins and leads 3.0 m wide adjacent to rear lot line: i) Lot 26 viii) Lot 133 xiv) Lot 236 ii) Lot 27 ix) Lot 134 xv) Lot 237 iii) Lot 83 x) Lot 189 xvi) Lot 253 iv) Lot 84 xi) Lot 228 xvii) Lot 254 v) Lot 115 xii) Lot 229 xviii) Parts 26/27 vi) Lot 116 xiii) Lot 230 xvix) Parts 28/29/30 vii) Lot 128 c) For rearyard catchbasin and leads 3.0 m wide by 3.0 m long in rearyard: i) Lot 9 Lot177 d) For rearyard catchbasin and leads irregular shape along between: i) Lots 197 198 0) Lots 214 &215 2. Blocks To be granted to the City within the lands of the subdivision. a) Block 281 Kalar Road 3.0 m widening b) Block 282 Kalar Road 0.30 m reserve c) Block 283 Kalar Road 0.30 m reserve d) Block 284 Milomir Street 0.30 m reserve e) Block 285 Glavcic Drive 0.30 m reserve 1) Block 286 Forestview Boulevard 0.30 m reserve g) Block 287 Kelsey Crescent 0.30 m reserve h) Block 288 Parkside Road 0.30 m reserve 1) Block 278 Block 279 Parkland j) Block 277- Woodlot Schedule Page Schedule "H" Deerfield Estates Subdivision 3. Blocks To be purchased by the City external to the lands of the subdivision. a) For future Parkside Road road allowance traversing the Ontario FIydro Corridor being Part 1 59R- 13157 5 V. subA ,etld 6.mms @cave 11 .pd 2. Parking Restriction Signs PHASE 3 1. Regulatory Traffic Signs Information Signs, Street Name Signs and Parking Restriction Signs: PHASE 1 I. Regulatory Traffic Signs (a) Parkside Road and Milomir Street (b) Parkside Road and Flora Court (c) Parkside Road and Glavcic Drive (d) Parkside Road and Forestview Boulevard (e) Forestview Boulevard and Desanka Avenue (1) Forestview Boulevard and Kalar Road 2. Parking Restriction Signs (a) PHASE 2 1. Regulatory Traffic Signs (a) (b) (c) (d) (e) (t) (S) (a) Flora Court (a) (b) (c) Parking Restriction Signs (a) Alina Court S SuW1oBlonsCC 03J om[field Gmiee Forestview Boulevard Schedule "I" Deerfield Estates Subdivision Milomir Street and Mary Drive May Drive and Glavcic Drive Christopher Crescent and Glavcic Drive Christopher Crescent and Desanka Avenue Desanka Avenue and Glavcic Drive Glavcic Drive and Annelina Crescent Artuelina Crescent and Desanka Avenue Milomir Street and Alina Court Glavcic Drive and Richard Crescent Forestview Boulevard and Kelsey Crescent Schedule Page Lots or Blocks Unsuitable for Building: 1. Block 277 Woodlot 2. Block 278 Parkland 3. Block 279 Parkland SCI SubdwIsiou57003.339 ulieW ESiolntial Schedule "J" Deerfield Estates Subdivision Schedule Page March 17, 2008 PD- 2008 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraJ3alls CANADA Re: PD- 2008 -17 Downtown CIP Funding Applications 4523 and 4525 Morrison Street Keefer Development Limited For Sylvana Louras 1. That Council approve the applications by Keefer Developments Limited for a Residential Building Loan and Revitalization Grant under the Financial Assistance Programs in the Downtown CIP subject to satisfying the program requirements including the entering into agreements with the City. 2. That the Mayor and Clerk be authorized to execute the loan and grant agreements. The City has received applications for funding assistance for the property at 4523 and 4525 Morrison Street under the Financial Incentive Programs contained in the Downtown CIP. Attached is a location map, site plan and architectural rendering of the building. The project involves the development of a 2 -1/2 storey apartment building containing 23 1- bedroom units. This structure will be connected to an older 2 storey home which will be renovated and integrated into the new construction. This project has been approved under the Region's Affordable Housing Program. A total of 20 of the 1- bedroom apartment units will be affordable and offered at 20% below the Canada Mortgage and Housing benchmark rental rates for Niagara Falls. The three remaining new 1- bedroom units and renovated home will be offered for rent at market rates. The site includes a vacant area upon which the original Morrison Street United Church was situated a number of years ago. The church currently utilizes the old church hall to the west of the older home for its church services. The existing home was used to house the church rector, but has been rented out for many years and will form part of the new development. The proposedconstruction meets with the intent of the City's Financial Incentive Programs by pronfoting the redevelopment of underutilized land and encouraging Queen Strefir i PO Bo .4.9p N a Falls ON Canada C2E 6X5 905 356 -7527 www.nia arafalls.ca °3 9 Working Together to Serve Our Community Community Services Department Planning Development March 17, 2008 2 PD- 2008 -17 new residential development in the vicinity of the Downtown core. The property is within walking distance of Downtown and easy access to public transit and other City services. The proposed development was subject to a successful application before the Committee of Adjustment on October 2, 2007 which approved a reduction to the minimum front yard depth, landscaping and parking standards. The developer, Keefer Developments Limited, is a company that specializes in adaptive reuse and Brownfield revitalization projects, and utilizing Smart Growth principles as a guide. They have an excellent record in redeveloping older urban properties. In 2001, they were instrumental in the redevelopment of Gallaher Paper Mill in Thorold into one of the largest book depot centres in the Region, and two historic buildings, the Welland Mills and former Maplehurst Hospital, into apartments and Keefer Mansion Inn. The subject proposal reflects the company's vision by ensuring the building facade will reflect the design characteristics of the neighbourhood and incorporating design features to improve energy efficiency and other "green" initiatives. The submissions represent the first loan application received under the Residential Loan Program and the second grant application received under the Revitalization Grant Program for Downtown. The total request for loan is $262,200. This calculation is based upon $20 per square foot of habitable space per unit. The loan will be secured by way of a second mortgage registered on title. The Revitalization Grant is to help offset the increased property taxes that result from the redevelopment. This grant will apply following the completion of the development and reassessment of the property. While the owner pays the full property tax increase the first year, the owner will receive in the form of an annual grant, equivalent to 80% of the difference in increased City and Regional property taxes in year 1 to 5, 60% in years 6 and 7, 40% in year 8 and 20% in years 9 and 10. CONCLUSION: The applications for funding assistance will help stimulate revitalization within the Downtown area and also address the need for affordable housing in the City. Based upon the above, it is recommended that the request for funding assistance be approved. Approved by: Respectfully submitted: B.Bolibruck Attach. Recommended by: kC zit Alex Herlovitch, Director of Planning Development Ed Dujlovic, Exec.tive Director of Community Services frJohn MacDonald, Chief Administrative Officer S: \PDR\2008\PD- 2008 -17, Downtown CIP Funding Applications 4523 and 4525 Morrison Street.wpd 0. ru 5 c 0 4J v 0 -J Ctt pQ z VICTORIA AVE 1 ZIMMERMAN AVE n CATARACT AVE ERIE AVE 1 'a ONTARIO A 5T LAWRENCE AVE 11 ST CWR AVE CRYSLER AVE BUCI(LEY AVE R y -J 5 3 i ƒ �`�t 0 in ft 1 9 W 2 0 0 T 2 7 1 t J J 0 Z u) Q w r 4\ 0 0 0 Iks The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the City's Canada Day celebrations is one of the most eagerly anticipated events organized by the municipality; and WHEREAS since 1995, applications have been made to the Federal government for funding; and WHEREAS such requests for funding have been successful with the municipality receiving $2500 in 2007; and WHEREAS the Federal government is now requesting a Council resolution authorizing the submission of the grant application. THEREFORE BE IT RESOLVED that the appropriate staff person be authorized to submit a financial request to the Department of Canadian Heritage in relation to the "Celebrate Canada!" program for organizing activities to celebrate Canada Day. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR A by -law to establish Part of Township Lot 79, Stamford, as a public highway, to be known as and to form part of Dorchester Road. 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 OFTHE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Township Lot 79, Stamford, being Part 1 on Reference Plan 59R- 13579, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Township Lot 79, Stamford, being Part 1 on Reference Plan 59R- 13579, is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008. March 17, 2008. March 17, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part Township Lot 158 Stamford as a public highway, to be known as and to form part of Drummond Road. 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 Township Lot 158 Stamford designated as Part 4 on Reference Plan 59R -13592 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Township Lot 158 Stamford designated as Part 4 on Reference Plan 59R -13592 that is hereby established as a public highway, be known as and form part of Drummond Road. Passed this seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008. March 17, 2008. March 17, 2008. CITY OF NIAGARA FALLS By -law No. 2008 Passed this twenty -fifth day of February, 2008. First Reading: Second Reading: Third Reading: February 25, 2008. February 25, 2008. February 25, 2008. CITY OF NIAGARA FALLS By -law No. 2008- A by -law to declare both Lane Plan 291 lying between McGrail Avenue and 59R -4270 except Parts 1 -6 inclusive on 59R- 11934, and 10 foot Lane Plan 291, Town of Niagara Falls lying between Walnut Street and 59R -7270 except Part 1 on 59R 11000; both in the City of Niagara Falls, Regional Municipality of Niagara, surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; TIIE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lane Plan 291 lying between McGrail Avenue and 59R -4270 except Parts 1 -6 inclusive on 59R- 11934; in the City of Niagara Falls, Regional Municipality of Niagara, is hereby declared surplus. 2. 10 foot Lane Plan 291, Town of Niagara Falls lying between Walnut Street and 59R -7270 except Part 1 on 59R 11000; in the City of Niagara Falls, Regional Municipality of Niagara, is hereby declared surplus. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR Passed this seventeenth day of March, 2008. First Reading: Second Reading: Third Reading: March 17, 2008. March 17, 2008. March 17, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Reserve Block 284, Plan 59M -354, Reserve Block 285 Plan 59M -354 and Reserve Block 286 Plan 59M -354 as public highways, to be known as and to form part of Milomir Street, Glavcic Drive and Forestview Boulevard, respectively. 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 Reserve Block 284, Plan 59M -354, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That Reserve Block 285, Plan 59M -354, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 3. That Reserve Block 286, Plan 59M -354, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 4. That said Reserve Blocks 284, 285 and 286 on Plan 59M -354 that are hereby established as public highways, be known as and form part of Milomir Street, Glavcic Drive and Forestview Boulevard, respectively. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 80 -114 is amended by adding Schedule `B -71" attached hereto. Passed this seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008. March 17, 2008. March 17, 2008. CITY OF NIAGARA FALLS By -law No. 2008 COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Kalar Road and Coventry Road Schedule `B -19" Ailanthus Avenue Oakwood Drive St. Paul Avenue COLUMN 3 SCHEDULE `B" NUMBER Schedule `B -1" Schedule `B -2" Schedule `B -3" Schedule "B -4" Schedule `B -5" Schedule "B -6" Schedule "B -7" Schedule `B -8" Schedule "B -9" Schedule `B -10" Schedule `B -11" Schedule `B -12" Schedule `B -13" Schedule `B -14" Schedule "B -15" Schedule "B -16" Schedule "B -17" Schedule `B -18" Schedule "8 -20" Schedule `B -21" Schedule `B -22" COLUMN 1 SITE Brockway Business Centre Niagara South Condominium No. 28 Niagara South Condominium No. 19 Brookside Village Co- Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets Ameri -Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada First Professional Management Inc. 3516 Main Street Mewburn Road COLUMN 2 LOCATION Montrose and Thorold Stone Roads 5100 Dorchester Road 5150 Dorchester Road 8175 McLeod Road 4230 Meadowvale Drive 8481 Earl Thomas Avenue Morrison Street and Dorchester Road 8444 Lundy's Lane 3955 Portage Road 5088 Drummond Road 5795 Don Murie Street COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -23" Schedule `B -24" Schedule `B -25" Schedule `B -26" Schedule `B -27" Schedule `B -28" Schedule `B -29" Schedule `B -30" Schedule `B -31" Schedule `B -32" 8055 McLeod Road and 8065 Schedule `B -33" McLeod Road Schedule "B -34" Schedule `B -35" 6453 Colborne Street and 6476 Schedule `B -36" Huggins Street Schedule `B -37" 7190 Morrison Street Schedule `B -38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium Canada One Factory Outlet Mall COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 33, 36 39, 42 45and48 -51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road 7500 Lundy's Lane COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -39" Schedule `B -40" Schedule `B -41" Schedule `B -42" Schedule `B -43" Schedule `B -44" Schedule `B -45" Schedule `B -46" Schedule "B -47" Schedule `B -48" Schedule "B -49" Schedule "B -50" Schedule `B -51" Schedule `B -52" Schedule `B -53" Schedule "B -54" Schedule `B -55" Schedule "B -56" Schedule "B -57" COLUMN 1 SITE Niagara South Condominium Corporation No. 4 Park Royal Niagara Catholic District School Board West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments COLUMN 2 LOCATION 3322 Addison Street 3900 Kalar Road 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road COLUMN 3 SCHEDULE `B" NUMBER Schedule `B -58" Schedule `B -59" Schedule "B -60" Schedule `B -61" Schedule `B -62" Schedule `B -63" Schedule `B -64" Schedule `B -65" Schedule `B -66" Schedule `B -67" Schedule `B -68" Schedule `B -69" Schedule `B -70" Schedule `B -71" SCHEDULE "f -7I" 01 4 m m 0 Z Z w m 0 :1 F v O a" a o Ni Z i 4➢ 0 0 2 1n T RI C X N 2 01 5 n m N b A N I REGIONAL ROAD No. 98 (MONTROSE ROAD) C m z D n n O C z Z o D D r a N o 2J D z O c �l Dr 0 U r 3 V) m 0 g A by -law to establish Part of Lot 49, North Side of Lundy's Lane, West of Leonard, Plan 2, Stamford; Part of Lot 64, South Side of Maitland Street, Plan 2, Stamford; and Part of Maitland Street, Plan 2, Stamford, designated as Part 3 on 59R -13625 as a public highway, to be known as and to form part of Byng 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 49, North Side of Lundy's Lane, West of Leonard, Plan 2, Stamford; Part of Lot 64, South Side of Maitland Street, Plan 2, Stamford; and Part of Maitland Street, Plan 2, Stamford, designated as Part 3 on 59R- 13625, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Lot 49, North Side of Lundy's Lane, West of Leonard, Plan 2, Stamford; Part of Lot 64, South Side of Maitland Street, Plan 2, Stamford; and Part of Maitland Street, Plan 2, Stamford, designated as Part 3 on 59R- 13625, is hereby established as a public highway, be known as and form part of Byng Avenue. Passed this seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008. March 17, 2008. March 17, 2008. CITY OF NIAGARA FALLS By -law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008- A by -law to authorize the execution of an Agreement of Purchase and Sale and an Encroachment Agreement with Hodan Investment Corporation, respecting the purchase of lands being Part 1 on Reference Plan 59R- 13060; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Hodan Investment Corporation and The Corporation of the City of Niagara Falls, for the property described as Part of Lot 107 Stamford designated as Part 1 on Reference Plan 59R- 13060; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. An Encroachment Agreement made between Hodan Investment Corporation and The Corporation of the City of Niagara Falls for the purpose of permitting a continued encroachment onto City lands, subject to such terms and conditions as set out in the Encroachment Agreement attached hereto, is hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and the Encroachment Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 4. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such docmments. 5. This by -law will come into force when the Agreement of Purchase and Sale and the Encroachment Agreement have been properly executed by Hodan Investment Corporation. Passed this seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008. March 17, 2008. March 17, 2008. BETWEEN: AND: THE CORPORATION OF THE CITY OF NIAGARA FALLS, 1. OFFER TO PURCHASE 2. PURCHASE PRICE AGREEMENT OF PURCHASE AND SALE (the "Purchaser HODAN INVESTMENT CORPORATION, (the "Vendor The Purchaser hereby offers to purchase from the Vendor and the Vendor hereby agrees to sell to the Purchaser the lands located along Dorchester Road, Niagara Falls, Ontario, legally described in Exhibit "A and comprising approximately 0.0625 acres more or less, together with all easements, rights of way, privileges and appurtenances attaching thereto and enuring to the benefit thereof (the "Property"), upon the terms, conditions and provisions set forth in this offer (the "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $15,600.00 in lawful money of Canada, payable as provided below. 2.2 Upon the acceptance of this Agreement, the sum of $1,000.00 shall be paid in cash or by certified cheque to Vendor's solicitor, in trust, as a deposit pending completion or termination of this transaction. The deposit shall be placed in interest bearing foam with a chartered bank or trust company and interest earned thereon shall form part of the deposit. The deposit and interest earned thereon shall hereinafter be referred to as the "Deposit The Deposit shall be held in trust pending completion or termination of this Agreement and shall be paid to the Vendor on the Closing Date and the full amount so paid shall be credited against the Purchase Price. If this Agreement is terminated prior to the Closing Date, the Deposit shall be forthwith returned to the Purchaser, without deduction. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to adjustments to the Closing Date as provided in section 10. 3. GOODS AND SERVICES TAX The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser and the Vendor shall each provide the other with its respective current GST registration number. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to the proper authorities and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser, on or before the Closing Date, shall execute and deliver to the Vendor, a Declaration regarding GST in the form appended as Exhibit "B The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 4.1 The closing of the transaction shall take place on the 10'" day following the expiration of the Due Diligence Period provided in section 5 hereof, (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 4:30 p.m. local time. If such day is not a business day in Niagara Falls, Ontario, the Closing Date shall be the next following business day. 4.2 The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form in accordance with this Agreement, at the expense of Vendor, and shall contain the appropriate statements regarding compliance with the Planning Act and with the Family Law Act. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, non registerable documents and other items (the "Non- Registered Deliveries and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer/Deed of Land (and other documents to be registered in this transaction), and (b) be subject to conditions whereby the solicitor(s) receiving the Non Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Purchaser's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 5. DUE DILIGENCE AND CONDITIONAL PERIOD 5.1 This Agreement shall be conditional until 5:00 p.m., local time: (a) on the 30t day from final execution of this Agreement upon the Council of The Corporation of the City of Niagara Falls passing a by -law authorizing its execution of this Agreement and the purchase of the Property on the terns set out herein, if applicable, and if such by -law is required but is not passed, this Agreement shall be null and void and the Deposit shall be returned to the Purchaser without deduction and neither party shall be liable for any damages or costs, and (b) on the 30' day from final execution of this Agreement (the "Due Diligence Period to allow the Purchaser or its authorized representatives to complete the following (collectively, the "Due Diligence (i) To conduct such reasonable tests, inspections, examinations, investigations, enquiries and studies in respect of the Property as the Purchaser desires in its sole and absolute discretion, and to be satisfied with the results thereof, in the Purchaser's sole discretion, (ii) To be satisfied, in the Purchaser's sole and absolute discretion, as to the environmental condition of the Property, in accordance with section 5.4 below, (iii) To be satisfied, in the Purchaser's sole and absolute discretion, as to the title to the Property pursuant to section 6 below, (iv) To be satisfied, in the Purchaser's sole and absolute discretion, that the Property is zoned to permit the construction and the intended use of the Purchaser, that all means of ingress and egress to and from the Property comply with the regulations and requirements of all governmental authorities having jurisdiction, and that there are no municipal work orders, deficiency notices or notices of non compliance relating to the Property, the building or accessory buildings or users thereon, (v) To be satisfied, in the Purchaser's sole and absolute discretion, that it can complete its proposed development of the Property to the Purchaser's sole and absolute satisfaction at an economically feasible cost and within the Purchaser's projected time schedule. 5.2 In order to assist the Purchaser in completion of the Due Diligence, the Vendor agrees to execute and deliver to the Purchaser forthwith upon acceptance of this Agreement, ten (10) copies of the Authorization in the form appended as Exhibit "C 5.3 Vendor and Purchaser agree that the provisions of this section 5 shall not be interpreted to authorize an inspection of the Property by any governmental agency or authority, other than the Purchaser. 5.4 The Purchaser and its authorized representatives shall conduct all the Due Diligence, including without limitation, such environmental and other tests, measurements or surveys in, on or below the Property, provided that the Purchaser shall do so: (a) at its own expense; and (b) at its own risk; and (c) in compliance with all safety health, environmental and related laws and regulations. The Purchaser shall restore the Property, so far as possible, to the original state in which the Property was before the Purchaser conducted its Due Diligence. 5.5 The Due Diligence shall be in accordance with the provisions of section 5.4 and shall not unreasonably interfere with the use, operation and enjoyment by the Vendor of the Property. 5.6 The Purchaser shall be allowed access to the Property immediately prior to the Closing Date to complete such further Due Diligence as may be advisable to determine independently that the condition and state of repair of the Property have not materially adversely changed since the Due Diligence Period, reasonable wear and tear excepted. It is a condition of closing, for the benefit of the Purchaser only, that there be no material adverse change to the Property during the time period between the end of the Due Diligence Period and the Closing Date. The Purchaser covenants and agrees to repair or pay the reasonable cost of repair of any damage occasioned during and resulting from any Due Diligence of the Property conducted by the Purchaser or its authorized representatives. 5.7 Notwithstanding and in addition to the Purchaser's rights under any other provision contained in this Agreement, the Purchaser shall have the right to terminate this Agreement by written notice to the Vendor at any time during the Due Diligence Period if the Purchaser, in its sole and absolute discretion, is not satisfied with the results of any of the Due Diligence. In the event that the Purchaser terminates this Agreement as aforesaid, then this Agreement shall 5.8 The Purchaser has the right upon prior written notice to the Vendor delivered at any time prior to the expiration of the Due Diligence Period, to extend the Due Diligence Period and /or the Closing Date for a period or periods not to exceed 180 days in the aggregate. If the Purchaser so extends the Due Diligence Period and /or the Closing Date, all of the terms and conditions of this Agreement shall apply and adjustments shall be made as of the extended Closing Date. 6. TITLE be of no further force or effect, the Deposit shall be returned to the Purchaser, without deduction, and neither party shall have any obligation or liability to the other under this Agreement. If the Purchaser fails to deliver such notice during the Due Diligence Period it shall be deemed to have waived the conditions contained in section 5.4. Furthermore, such conditions shall be for the sole benefit of the Purchaser and may be waived by the Purchaser at any time upon notice to the Vendor. 6.1 On the Closing Date, the Vendor's title to the Property shall be good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for: (a) any registered restrictions or covenants that run with the land providing that such are complied with and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility, and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (c any minor easements for the supply of domestic utility or telephone sery ices to the Property or adjacent properties and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property. 6.2 The Vendor's title to the Property shall be examined by the Purchaser at its own expense and the Purchaser shall not call for the production of any title deed, abstract of title, survey, proof, evidence of title, certificate of compliance or proof of security, other than those in the Vendor's possession or under its control. Within seven (7) days of the acceptance of this Agreement, the Vendor shall provide the Purchaser with copies of surveys, declarations of possession and environmental reports in the Vendor's possession or control or other statutory declarations relating to the Property with originals to be delivered on the Closing Date. 6.3 If within the Due Diligence Period and in addition to and without limiting the Purchaser's rights under section 5 hereof, the Purchaser shall furnish the Vendor in writing with any valid objection to title or notice of any matter provided in section 5 hereof, or to the fact that the principal building may not be insured against risk of fire, and which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, then this Agreement shall, notwithstanding any intermediate acts or negotiations, be null and void, the Deposit shall be retumed to the Purchaser and neither party shall have any further obligation or liability to the other under this Agreement. 6.4 If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), chartered bank, trust company, credit union, caissepopulaire or insurance company and which is not to be assumed by Purchaser on completion or which Vendor is required by this Agreement to discharge, is not available in registerable form on the Closing Date, Purchaser agrees to accept Vendor's solicitor's unqualified undertaking to obtain, out of the closing funds, a discharge in registerable form and to register same on title within forty -five (45) days after the Closing Date. Vendor, prior to the Closing Date, shall provide to Purchaser an unqualified mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with an irrevocable direction executed by the Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on the Closing Date. 7.0 ENCROACHMENTS The parties acknowledge that a holding tank and commercial signage (collectively, the "Encroachments are situated on property owned by the Vendor and adjoining the Property. The parties agree that the Encroachments may remain on the Property after closing, on condition that the parties shall, on or before the Closing Date execute an Encroaclunent Agreement in the form attached as Exhibit "D The Vendor shall at its own expense remove prior to the Closing Date, all fixtures, trade fixtures, equipment and chattels located on or about the Property which are not Encroachments. 8.0 VACANT POSSESSION The Vendor represents and warrants that vacant possession of the Property will be delivered on the Closing Date. 9.0 VENDOR'S REPRESENTATIONS AND WARRANTIES 9.1 The Vendor represents and warrants to the Purchaser that: (a) the Vendor is the registered and beneficial owner of the Property and has the full right, power and authority to enter into this Agreement; (b) there is no pending or threatened litigation of any type against or relating to the Property or which might impair the Vendor's ability to sell the Property; (c) the Vendor has not used the Property for, and as far as the Vendor is aware, the Property has never been used for, a waste or chemical disposal site; (d) the Vendor has not installed upon the Property any underground storage tank or facility for the storage or use of any Hazardous Substances (as defined below) and, as far as the Vendor is aware, it has no knowledge that any underground storage tank or facility for the storage or use of any Hazardous Substances exists upon the Property; (e) (g) there are no outstanding work orders or deficiency notices or any other written notice from any authority advising of any outstanding breach of any law, by -law, code or regulation; (f) the Vendor is now and at the Closing Date will be a body corporate existing in good standing under the laws of the Province of Ontario with full corporate power, authority and capacity to accept this Agreement and to carry out the transaction contemplated in this Agreement; the Vendor will at the Closing Date have full and absolute right and power to convey and transfer the Property to the Purchaser or cause to be conveyed or transferred to the Purchaser good and marketable title as provided in section 6.1; (h) other than as described in Section 7 of this agreement and Schedule C to Exhibit "D there are no encroachments onto or from the Property; (i) all requirements, terms and conditions of any relevant authority pursuant to any agreement or by -law affecting the Property have been satisfied or complied with as of the Closing Date; and (j) the Property is not, and at the Closing Date, shall not be: (i) restricted in any manner whatsoever pursuant to the Heritage Act (Ontario), as amended; (ii) restricted by or subject to any interest contemplated in the Family Law Act (Ontario), as amended; (iii) the subject- matter of or in any matter restricted by the Conservation Act (Ontario), as amended; and (iv) restricted in any manner pursuant to the Wetlands Policy Statement issued pursuant to the Planning Act (Ontario), as amended. For the purposes of this Agreement, "Hazardous Substances" means any contaminants, pollutants, substances or materials that, when released to the natural environment, could cause, at some immediate or future time, harm or degradation to the natural environment or risk to human health, whether or not such contaminants, pollutants, substances or materials are or shall become prohibited, controlled or regulated by any govemmental authority and includes any "contaminants "dangerous substances "hazardous materials" "hazardous substances "hazardous wastes "industrial wastes "liquid wastes "pollutants" and "toxic substances all as defined in, referred to or contemplated in federal, provincial and /or municipal legislation, regulations, orders and/or ordinances relating to environmental, health and /or safety matters. 9.2 The Vendor agrees to provide on the Closing Date, a statutory declaration from a senior officer of the Vendor as to all of the representations and warranties contained in this Agreement. All of the Vendor's representations and warranties shall survive the closing of this transaction. 10. ADJUSTMENTS Any realty taxes, water and umnetered utility charges as applicable shall be apportioned and adjusted by the parties as of the Closing Date (the Closing Date being for the Purchaser's account). The parties undertake to re- adjust as of the Closing Date any such item where the amount of such item is not known on the Closing Date and such obligation to re- adjust shall survive the Closing Date. No insurance shall be transferred to or assumed by the Purchaser on the Closing Date. 11. LAND TRANSFER TAX AND RETAIL SALES TAXES The Purchaser shall pay all land transfer taxes as required pursuant to the Land Transfer Tax Act (Ontario). 12. RESIDENCY The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Receiver General of Canada in order to satisfy Purchaser's liability in respect of tax payable by the Vendor under the non residency provisions of the Income Tax Act by reason of this sale. The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate or its statutory declaration that it is not then a non resident of Canada. 13. RISK TO VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without deduction and the Vendor shall not be liable for any costs or damages. 14. PLANNING ACT (ONTARIO) This Agreement shall be effective to create an interest in the Property for the Purchaser only if the Vendor complies with the subdivision control provisions of the Planning Act prior to the Closing Date. The Vendor covenants to proceed diligently and at its expense to obtain all necessary consents prior to the Closing Date. 15. NOTICE Any notice required or permitted to be given by either party under this Agreement may be given by such party or its solicitors and shall be effectively given (i) by actual delivery; (ii) by sending the same by prepaid registered mail from Canada or by prepaid certified mail from the United States, as the case may be; or (iii) by fax as follows: to the Vendor at: to the Purchaser at: I Post Road Suite 303 Toronto, ON M313 3R4 Attention: Mr. John Hort Fax No.: 416 -510 -2885 The Corporation of the City of Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: 905- 371 -2892 Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered. Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason, then no such notice shall be deemed to have been given until actually received by the intended party, whether by mail or otherwise). Where any notice is faxed it shall be deemed to have been given on the day faxed unless faxed after 5:00 p.m. in which event such notice shall be deemed to have been given on the next business day. Any party may change its address and/or fax number by providing a notice in accordance with this section. 16. TIME OF THE ESSENCE Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered. Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason, then no such notice shall be deemed to have been given until actually received by the intended party, whether by mail or otherwise). Where any notice is faxed it shall be deemed to have been given on the day faxed unless faxed after 5:00 p.m. in which event such notice shall be deemed to have been given on the next business day. Any party may change its address and /or fax number by providing a notice in accordance with this section. 17. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of but upon notice to, the Vendor. 18. BROKERAGE The parties represent and warrant to each other that no fees or commission are payable to any broker or third party for bringing about the sale contemplated in this Agreement. 19. REGISTRATION OF AGREEMENT The parties agree that the Purchaser shall be pennitted to register notice of this Agreement against the title to the Property in the Land Registry Office where the Property is located. 20. NON FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Purchaser in its capacity as a municipality and any decision of Purchaser in its capacity as a municipality shall not be deemed as contrary to the Purchaser's obligations to the Vendor under this Agreement. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province of Ontario. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE Purchaser agrees that this offer shall be irrevocable by it until midnight on March 29, 2008 after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile Agreement and that when signed by both parties, this transaction shall be binding on both parties. IN WITNESS WHEREOF this instrument has been duly executed by Purchaser on 2008. Per: Per: A CCEPTANCE The foregoing Agreement is accepted by Vendor on 2006. Per: Per: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk We have authority to bind the Corporation HODAN INVESTMENT CORPORATION Name: Title: Name: Title: I /We have authority to bind the Corporation EXHIBIT "A" Part of PIN 64311- 0002(LT) Part of Lot 107, Township of Stamford designated as Part 1 on Reference Plan 59R -13060 City of Niagara Falls, Regional Municipality of Niagara. EXHIBIT "B" INTENTIONALLY DELETED EXHIBIT "C" GOODS AND SERVICES TAX CERTIFICATE AND INDEMNITY TO: HODAN INVESTMENT CORPORATION "VENDOR RE: DORCHESTER ROAD CITY OF NIAGARA FALLS AND LEGALLY DESCRIBED AS PART OF PIN 64311- 0002(LT), PART OF LOT 107, TOWNSHIP OF STAMFORD, DESIGNATED AS PART 1 ON REFERENCE PLAN 59r- 13060, CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA (THE "PROPERTY AND THE SALE OF THE PROPERTY BY HODAN INVESTMENT CORPORATION TO THE CORPORATION OF THE CITY OF NIAGARA FALLS (THE "CITY 1. The City is registered pursuant to the Excise Tax Act (Canada), as amended, for purposes of paying the goods and services tax. The Company's registration number is 119399392RT0001, which registration has not been amended or revoked. 2. The City will remit directly to the Receiver General of Canada the Goods and Services Tax payable and file the applicable prescribed GST form pursuant to the Excise Tax Act (Canada) in connection with the purchase of the Property. 3. The Property: (a) is being purchased by the City as principal for its own account and is not being purchased by the City as an agent, trustee or otherwise on behalf of or for another person or corporation; and (b) does not constitute a supply of a residential complex made to an individual for the purposes of the Excise Tax Act (Canada). THE CORPORATION 01? THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: EXHIBIT "D" Name: Dean Iorfida Title: City Clerk TO: WHOM IT MAY CONCERN AUTHORIZATION RE: DORCHESTER ROAD, CITY OF NIAGARA FALLS AND LEGALLY DESCRIBED AS PART OF PIN 64311- 0002(LT), PART OF LOT 107, TOWNSHIP OF STAMFORD, DESIGNATED AS PART 1 ON REFERENCE PLAN 59R- 13060, CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA (THE "PROPERTY YOU ARE HEREBY AUTHORIZED to release to The Corporation of the City of Niagara Falls any information on file relating to approvals, work orders, notices, directives, deficiency notices, active files, orders to comply, control orders, stop orders, deficiency lists, notices on file, violations, contraventions or other requirements whatsoever with respect to the above -noted property and the improvements constructed thereon. This is not an authorization to carry out inspections. DATED this day of 2008. HODAN INVESTMENT CORPORATION Per: Name: Title: Per: Name: Title: BETWEEN: WHEREAS: ENCROACHMENT AGREEMENT THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "City and HODAN INVESTMENT CORPORATION (hereinafter referred to as the "Applicant A. The Applicant is the owner of the land situated in the City of Niagara Falls, and more particularly described in Schedule "A" attached hereto (the "Applicant's Lands B. The City intends to purchase certain lands situated in the City of Niagara Falls from the Applicant for the purposes of road widening, and more particularly described in Schedule "B" attached hereto (the "City's Lands C. The Applicant has applied to the City for permission to maintain certain encroachments, being signage, fuel tanks and vent racks on the land to be transferred to the City (collectively, the "Encroachments which encroachments are outlined in detail in Schedule "C" attached hereto; and D. The Corporation is prepared to grant the application, subject to the conditions and provisions hereinafter contained. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree with each other as follows: 1. The term of this Agreement shall be the earlier of: (a) 50 years commencing on March 18, 2008; (b) the removal of the Encroachments from the City Lands; or (c) upon the earlier termination by the City as permitted herein. The Applicant shall register this Agreement on title to the Applicant's Lands and to the City Lands, and any registration or other fee associated with such registration, or to the discharge of this Agreement from registered title to the Applicant's Lands shall be to the Applicant's account. 3. That nothing in this Agreement shall create a relationship of landlord and tenant between the City and the Applicant. 4. Except for the existing tenant of the land being Shell Canada Products, and assignee of Shell Canada Products Limited pursuant to lease dated November 18, 1991 this Agreement shall not be assigned, save and except to the owner or leasehold tenant or leasehold mortgage from time to time of the lands described in Schedule "A and such assignment shall not be effective unless and until thirty (30) days' notice, in writing, has been given to the City setting forth the name of the assignee, the address for service of the assignee and a true copy of any and all agreements evidencing the assignment, each duly executed by the assignor and assignee. 5. Except for the existing tenant of the land being Shell Canada Products, and assignee of Shell Canada Products Limited pursuant to lease dated November 18, 1991, the Applicant agrees during the tetras of this Agreement to provide any transferee or assignee or other party (the "Transferee which succeeds this Applicant as legal or beneficial owner of the Applicant's Lands with a duplicate of this Agreement, to require as a condition of any agreement transferring ownership that the Transferee assume in writing the obligations contained herein, and to deliver documentation evidencing such assumption to the City within 30 days of the transfer of ownership. 6. The Applicant agrees to obtain and deliver to the City from each and every tenant, subtenant, and /or licensor of the Applicant's Lands and Encroachments and acknowledgement in substantially the same form as that attached to this Agreement as Schedule "D" (the "Tenant Acknowledgement and the Tenants Acknowledgement(s) shall be received by the City within 30 days of the execution of this Agreement. The Applicant shall, during the currency of this Agreement, deliver to the City a Tenant's Acknowledgement duly executed by any new tenant, subtenant, and /or licensor, within 30 days of the commencement date of any new tenancy or licence of the Applicant's Lands. 7. The Applicant agrees that it shall pay to the City upon demand from the City, all other charges, expenses and costs incurred by the City provided for in this Agreement. 8. All fees, costs and expenses payable to the City, including costs incurred by the City under this Agreement which are unpaid shall constitute a charge upon the land until fully discharged by payment, and the same maybe entered upon the tax collector's roll against the said land and be recovered in the same manner as municipal taxes, but without prejudice to any other right at law of City to collect same by such legal process as it claims necessary. 9. The Applicant will, at all times, keep and maintain the encroachments in a good and proper state of repair and safety, and shall keep and maintain the Encroachments in compliance with, and shall not cause or permit the Encroaclunents to be in violation of any applicable environmental laws, including but not limited to the Environmental Protection Act (Ontario), R.S.O. 1990, s.E.19 (collectively, `Environmental Legislation 10. If with respect to the Encroachments, the applicant shall fail to maintain the Encroachments according to applicable law, and the City shall verbally or in writing require the Applicant to alter or repair the same and if same shall not be altered or repaired within seventy -two (72) hours after such requirement or if the Applicant shall neglect or refuse to remove the said Encroachments or thing after notice to remove the same then and in any such cases the City may cause the required work to be done either by its owner employees or by some other person and the cost of any such work may be recovered by the City as referred to in this Agreement. 11, The Applicant shall observe and comply with all parliamentary and legislative enactment and with all by -laws and regulations of the City and notices, orders and demands given by the City. 12. No length of time or enjoyment by the Applicant shall enure to give a right to the Applicant to maintain the encroachments or shall deprive the City by the operation of any limitation period or otherwise of any right to require the removal thereof. 13. The Applicant hereby indemnifies and saves harmless the City from and against all actions, causes of action, interests, claims, demands, costs, damages, expenses or loss which the City may bear, suffer or be put to by reason of any damage of property or injury or death to persons as a result of the privilege herein allowed to the Applicant. 14. The Applicant further indemnifies and saves harmless the City from and against all actions, causes of action, interests, claims, demands, costs, damages, expenses or loss which the City may hear, suffer or be put to by reason of any placing or discharge of any hazardous material on the City Lands or from the Encroachments, or from any breach of any Environmental Legislation. 15. Discharge or termination of this Agreement shall not be deemed a release or discharge of the Applicant's indemnification of the City under clauses 14 or 15 of this Agreement for any matters which occurred prior to the removal of the Encroachments or other termination of this Agreement. 16. (a) This Agreement is at the pleasure of City and the City may terminate this Agreement forthwith by written Notice to the Applicant or by registration on title to the land a Discharge executed by the City of Niagara Falls. (b) No termination of discharge of this Agreement shall release the Applicant as of the time prior to the removal of the encroachments from the obligation of such Applicant to indemnify the City for matters which occurred prior to said removal of the encroachments. Upon termination of this Agreement by the City, the Applicant shall immediately remove the encroachments and return that part of the Applicant's lands which are affected by the encroaclunents to a condition in compliance with the then applicable environmental standards for commercial use and acceptable to the City at the expense of the Applicant. If the Applicant defaults to perform such work, then the City may perform the same and recover its costs as referred to in this Agreement. 17. Notice by the Applicant to the City shall be delivered or posted by prepaid registered mail addressed to: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box W23 Niagara Falls, ON L2E 6X5 Notice by the City to the Applicant shall be delivered or posted by prepaid registered mail addressed to: Hodan Investment Corporation 1 Post Road Suite 303 Toronto, ON M3B 3R4 18. If the Applicant is in default or breach, at the Applicant's expense, and the City shall be peiniitted to recover the expenses incurred in remedying the default or breach from the Applicant by adding the expenses to the Owner's municipal taxes to be collected in accordance with section 427 of the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor legislation thereto. 19. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have set their hands and seals and the City has hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporations. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk UWe have authority to bind the Corporation HODAN INVESTMENTS CORPORATION Name: Title: Name: Title: UWe have authority to bind the Corporation SCHEDULE "A" Description of the Applicant's Land Part of Township Lot 107, Stamford, designated as Part 1 on Plan 59R -6995, Part 1 on Plan 59 -6177, Parts 1 to 5 on Plan 59R -7723, and Parts 3 and 4 on Plan 59R -2002, except Part 1 on 59R- 13060; in the City of Niagara Falls, Regional Municipality of Niagara. SCHEDULE "B" Description of the City Land Part of Township Lot 107, Stamford, designated as Part 1 on Plan 59R- 13060; in the City ofNiagara Falls, in the Regional Municipality ofNiagara. SCHEDULE "C" Description of the Encroachments Shell sign and underground storage tanks. SCHEDULE "C" Description of the Encroachments SCHEDULE "D" TENANT ACKNOWLEDGEMENT FROM: Name of Tenant or Licensor) (the "Tenant TO: Hodan Investment Corporation (the "Landlord AND TO: The Corporation of the City of Niagara Falls (the "City") The undersigned acknowledges, understands and agrees: 1. The Tenant has entered into an Agreement with the Landlord for the use of certain lands fronting on Dorchester Road in the City of Niagara Falls. 2. The Landlord has entered into an Encroachment Agreement with the City under which the City grants the Landlord certain rights with respect to encroachments on the City's lands. A duplicate of the Encroachment Agreement is attached to this form; 3. The Tenant agrees to abide by all of the terms of the Encroachment Agreement and to be bound thereby as if it were an original signatory to the Encroachment Agreement. Dated 2008. Witness: (Company Name) Per: Name: Title: Per: Name: Title: Name: Name: Title: Title: I /We have authority to bind the Corporation CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit a portion of the parking required for a hotel to be provided off -site, to establish site specific maneuvering aisle standards and to incorporate existing site specific zoning provisions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by renumbering from 4 to 808, the land on the south side of Robinson Street, east of Clark Avenue, being Part of Lots 30, 31 and 32, Plan 281; Part of Lot B, Plan 295; Niagara Falls and shown hatched and designated TC and numbered 808 on the plan Schedule 1, attached to and forming part of this by -law. 2. Sheets D4 and D5 of Schedule "A" to By -law No. 79 -200 are amended by numbering 809, the land on the west side of Stanley Avenue, through to Allendale Avenue and south of Robinson Street, being Part of Ranges 19, 20 and 21, Plan 1, Stamford, being Parts 1, 2 and 3 on Reference Plan 59R- 11561, subject to an easement, surface rights only; Niagara Falls and shown hatched and designated TC and numbered 809 on the plan Schedule 2, attached to and forming part of this by -law. 3. Notwithstanding the provisions of section 2.26, clauses (a), (c) and (f) of section 4.19.1 and clause (g) of section 8.6.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated TC and numbered 808 on the plan Schedule I attached hereto, or erect or use any building or structure thereon, for the purpose of a hotel, except in compliance with the following regulations: (a) Maximum height of building or 76 metres, as measured from the Geodetic structure Survey of Canada elevation 191.92 metres, subject to section 4.7 of By -law No. 79 -200 (b) Minimum parking spaces in accordance with Table 1 of clause (a) of section 4.19.1 of By -law No. 79 -200 (c) Minimum perpendicular width of a 3.6 metres maneuvering aisle (d) Minimum perpendicular length of 6 metres a parking space (e) Tandem parking required parking spaces may be provided in tandem (f) Location of parking a maximum of 235 required parking spaces that cannot be provided on the land described in section 1 of this by -law and designated TC and numbered 808 on the plan Schedule 1 attached hereto, shall be provided within a parking area on the land described in section 2 of this by -law and designated TC and numbered 809 on the plan Schedule 2 attached hereto 4. Notwithstanding the provisions of clause (a) of section 4.19.1 of By -law No. 79 -200, no person shall use the land described in section 2 of this by -law and shown hatched and designated TC and numbered 809 on the plan Schedule 1 attached hereto, for the purpose of a parking area in accordance with clause (1) of section 3 of this by -law, except in compliance with the following regulations: (a) Minimum landscaped open space 3 metre wide landscaped open space strip along and adjacent to all lot lines, after any dedication for the purpose of road widening, save and except for any driveway entrances (b) Tandem parking parking spaces may be provided in tandem 5. In addition to section 4 of this by -law, the TC zone and the provisions of By -law No. 79 -200 shall continue to apply to the land described in section 2 of this by -law. 6. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.808 Notwithstanding the provisions of section 2.26, clauses (a), (c) and (f) of section 4.19.1 and clause (g) of section 8.6.2 of By -law No. 79 -200, no person shall use the land on the south side of Robinson Street, east of Clark Avenue, designated TC and numbered 808 on Sheet D4 of Schedule "A or erect or use any building or structure thereon, for the purpose of a hotel, except in compliance with By -law No. 2008 19.1.809 Notwithstanding the provisions of clause (a) of section 4.19.1 of By -law No. 79 -200, no person shall use the land on the west side of Stanley Avenue, through to Allendale Avenue, south of Robinson Street, designated TC and numbered 809 on Sheet D4 and D5 of Schedule "A for the purpose of a parking area to satisfy a portion of the required parking for a hotel on the land on the south side of Robinson Street, east of Clark Avenue, designated TC and numbered 808 on Sheet D4 of Schedule "A except in compliance with By- law No. 2008- 7. Section 19.1.4 of By -law No. 79 -200 is deleted. Passed this seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R.T.(TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: 2 (g) All other provisions of Zoning By -law No. 79 -200 shall apply S:\ZONING\AMS120071By- Iaws\Byam 14.wpd March 17, 2008 March 17, 2008 March 17, 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land rAr Assessment #s: 272503000220300 Applicant: Canadian Niagara Hotels Amending Zoning By -law No. 79 -200 Description: Part of Lots 30, 31 and 32, Plan 281; Part of Lot B, Plan 295; Niagara Falls 1:NTS AM- 14/2007 K: \GIS_ Requests \2007\Schedules\ZoningAM' AM- 14 \mapping.map October 2007 SCHEDULE 2 TO BY -LAW No. 2008 Subject Land Description: Applicant: Amending Zoning By -law No. 79 -200 Part of Ranges 19, 20 and 21, Plan 1, Stamford, being Parts 1, 2 and 3 on Reference Plan 59R- 11561, subject to an easement, surface rights only; Niagara Falls Canadian Niagara Hotels Assessment #s: 272507000201400, 272507000201500 K: \GIS_Requests12007\ Schedules \Zon IngAM \AM -14 \ma pping. map 1:NTS AM- 14/2007 November 2007 gitg i 1 IiYLF. :[PNAUA NIAGARA THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Speed Limits On Highways (Part 4 80 km /h), Speed Limits On Highways (Part 2 60 km/h), Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified column of Schedule W4 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 4 80KM /HR) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED Garner Road A point 1173m north Thorold Stone Rd. 80 and a point 350m south of Warner Road COLUMN 1 COLUMN 2 HIGHWAY BETWEEN Garner Road Garner Road -2- (2) by adding to the specified columns of Schedule W4 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 4 80KM /HR) A point 1173m north Thorold Stone Rd. and Mountain Road COLUMN 3 MAXIMUM SPEED 80 (3) by deleting from the specified column of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 2 60KM /HR) COLUMN 1 COLUMN 2 HIGHWAY BETWEEN (5) A point 350 metres south of Warner Road and Warner Road (4) by adding to the specified column of Schedule W2 thereto SPEED LIMITS ON HIGHWAYS (PART 2 COLUMN 1 COLUMN 2 HIGHWAY BETWEEN Garner Road Mountain Road and Warner Road COLUMN 3 MAXIMUM SPEED 60 the following item: 60KM /HR) COLUMN 3 MAXIMUM SPEED 60 by adding to the specified column of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Royal Manor Drive at Windsor Crescent (East Intersection) Northbound motorists on Windsor Crescent -3- This By -law shall come into force when the appropriate signs are installed. Passed this seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008 March 17, 2008 March 17, 2008 By -law No. 2008 The Mayor and Treasurer are hereby authorized to execute this Amending Letter of Agreement to the Ontario Bus Replacement Program (OBRP) Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality Related to Funding Provided by the Province of Ontario (the "Province to the Municipality under the Dedicated Gas Tax Funds as in Schedule "A" attached hereto. WHEREAS on April 2, 2007, Niagara Falls City Council authorized the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario and the City of Niagara Falls for the Ontario Bus Replacement Program (OBRP); and WHEREAS the City of Niagara Falls received $285,709 under OBRP; and WHEREAS in recognition of a surplus of funds for the 2007 OBRP, the Ministry of Transportation wishes to support the capital costs of replacing transit buses and to provide additional funding to the municipality; and WHEREAS the municipality will be entitled to an additional $76,346; and WHEREAS to receive the additional funds, the municipality must authorize the execution of this Amending Letter of Agreement and forward the related by -law to the Ministry by the revised deadline of March 21, 2008. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this seventeenth day of March, 2008 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008 March 17, 2008 March 17, 2008 CITY OF NIAGARA FALLS Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 416 327 -9200 WWw. mto.gov.on.ca FEB 2 5 2008 His Worship Ted Salci Mayor The City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Letter of Agreement dated March 22, 2007 Edifice Ferguson, 3' Otago 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416 327 -9200 www.mto.gov.on.ca ktic coak Ontario SCHEDULE "A Dear Mayor Salci: RE: Amending Letter of Agreement to the Ontario Bus Replacement Program (OBRP) Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry and the City of Niagara Falls (the "Municipality (the "Amending Letter of Agreement The Ministry and the Municipality entered into a letter of agreement, dated March 22, 2007, (the "Letter of Agreement whereby the Ministry agreed to provide funding to the Municipality, subject to certain conditions, towards the capital costs of replacing transit buses. In recognition of a surplus of funds for the 2007 OBRP, the Ministry wishes to support the capital costs of replacing transit buses and to provide additional funding to the Municipality, if it agrees to meet the terms and conditions set out in this Amending Letter of Agreement and submits the required documentation by the deadline set out below. The provision of such additional OBRP funding is to be in accordance with the terms and conditions set out in the Letter of Agreement, as amended by this Amending Letter of Agreement, and the Ontario Bus Replacement Program (OBRP) 2007 Guidelines and Requirements which form part of the Letter of Agreement (the "Guidelines and Requirements In consideration of the mutual covenants and agreements contained in this Amending Letter of Agreement, and other good and valuable consideration (the receipt of which is hereby acknowledged), the Ministry and the Municipality covenant and agree as follows: Amending Letter of Agreement to Page 1 of 3 1. Section 1 of the Letter of Agreement is amended by deleting $285,709 and replacing it with $362,055. The Municipality understands that the Ministry has amended subsection 5(d) of the Guidelines and Requirements by deleting the last two sentences of the second bullet of that subsection. 2. In all other respects, the Ministry and the Municipality hereby confirm that the terms of the Letter of Agreement, and the Guidelines and Requirements, remain the same and continue to apply. 3. The Municipality represents and warrants that it has the full power and authority to enter into this Amending Letter of Agreement, and that it has taken all necessary actions to authorize its execution including, if necessary, passing a new municipal by -law authorizing the municipality to enter into this Amending Letter of Agreement. 4. The Municipality hereby consents to the execution by the Ministry of this Amending Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Amending Letter of Agreement, please secure the required signatures for the four enclosed copies of this Amending Letter of Agreement and return two fully signed copies, NO LATER THAN MARCH 14, 2008 (the "deadline to the Ministry to be eligible for the additional OBRP funding set out in this Amending Letter of Agreement. Signed copies of the Amending Letter of Agreement and any necessary authorizing municipal by -law are to be forwarded to the Provincial Transit Policy Office, 2 Floor, Building B, 1201 Wilson Avenue, Downsview, ON, M3M 1J8 for the Ministry's records. Once the Ministry has received the signed copies of this Amending Letter of Agreement and any necessary authorizing municipal by -law, the Ministry may, in accordance with the OBRP, make arrangements for the payment of additional OBRP funding to the Municipality. Yours sincerely, Jim Bradley Minister of Transportation Amending Letter of Agreement to Page 2 of 3 Letter of Agreement dated March 22, 2007 I have read and understand the terms of this Amending Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms, The Corporation of the City of Niagara Falls Per: Date: Mayor Per: Date: Chief Financial Officer/Treasurer or Clerk Amending Letter of Agreement to Page 3 of 3 Letter of Agreement dated March 22, 2007 By -law No. 2008 A by -law to authorize the payment of $10,034,150.67 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 January 24, 2008 to February 20, 2008. Passed this seventeenth day of March 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008 March 17, 2008 March 17, 2008 CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1198891 ONTARIO INC O/A PENINSULA CONSTRUCTION EXCAI 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 151702 CANADA INC 5 -0 TAXI INC 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUPF 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPF ABSOLUTE COMMUNICATIONS DESIGN ADAMS,PATRICK ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AIM WASTE MANAGEMENT INC AIM WASTE MANAGEMENT INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALLAN,WAYNE ALLIED MEDICAL INSTRUMENTS AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARTISTA DESIGN PRINT INC ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF ONTARIO ROAD SUPERVISORS AVIS CAR INC B B LIFT TRUCK SERVICE BAIOCCO CONSTRUCTION CORPORATION BARCLAY TODD'S BARCLAY TODD'S BARRY J. LEGG BEATTIES BASICS BEAULIEU,DIANNE BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BIRMINGHAM FIRE CONTROL BOB ROBINSON SON CONSTRUCTION BOUTILIER,J BRAND BLVD INC BRINKS CANADA LTD BRITISH AUTO SUPPLY BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BUNTIN REID BUNTIN REID CALE SYSTEMS INC CANADA BREAD- ONTARIO #T6249 CANADA POST CORPORATION CANADIAN ASSOC OF CERTIFIED PLANNING TECHNICIANS CANADIAN ASSOCIATION OF FIRE CHIEFS CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN PACIFIC RAILWAY CO CANADIAN POLICE ASSOCIATION YEARBOOK CANADIAN SAFETY EQUIPMENT INC CARGILL LIMITED M2098 CARGILL LIMITED M2098 CARGILL LIMITED M2098 Cheque No. Cheque Date Purpose 317850 06- Feb -2008 CONTRACT SERVICES 318030 20- Feb -2008 MATERIALS 318031 20- Feb -2008 TAX REFUND 317889 13 -Feb -2008 SERVICES 317754 06- Feb -2008 MAINTENANCE /REPAIRS 317890 13- Feb -2008 MAINTENANCE /REPAIRS 317626 30- Jan -2008 ADVERTISING 317627 30- Jan -2008 SERVICE DEPOSIT REFUND 317628 30- Jan -2008 CONTRACT SERVICES 317891 13- Feb -2008 CONTRACT SERVICES 318032 20 -Feb -2008 CONTRACT SERVICES 317629 30- Jan -2008 CONTRACT- SITE PREPARATION 318033 20 -Feb -2008 CONTRACT 4-PAD CLEARING 317630 30- Jan -2008 MAINTENANCE /REPAIRS 317755 06- Feb -2008 MAINTENANCE /REPAIRS 317892 13- Feb -2008 MAINTENANCE /REPAIRS 317756 06- Feb -2008 TRAVEUMILEAGE 317631 30- Jan -2008 CONTRACT SERVICES 317893 13- Feb -2008 CONTRACT SERVICES 317894 13- Feb -2008 CONTRACT SERVICES 318034 20- Feb -2008 CONTRACT SERVICES 318035 20- Feb -2008 MATERIALS 317895 13 -Feb -2008 SAFETY BOOTS 08 317633 30- Jan -2008 MATERIALS 317634 30- Jan -2008 PAYROLL REMITTANCE 317757 06- Feb -2008 PAYROLL REMITTANCE 317896 13- Feb -2008 PAYROLL REMITTANCE 318036 20- Feb -2008 PAYROLL REMITTANCE 317759 06- Feb -2008 TRAVEUMILEAGE JAN 08 317760 06- Feb -2008 MATERIALS 317635 30- Jan -2008 TRAVEUMILEAGE JANUARY 08 317761 06- Feb -2008 STORES /INVENTORY 318037 20- Feb -2008 STORES /INVENTORY 318038 20- Feb -2008 MATERIALS 317763 06- Feb -2008 CONSULTING SERVICES 317898 13 -Feb -2008 CONSULTING 317762 06- Feb -2008 CONTRACT SERVICES TRAINING 317636 30- Jan -2008 REFUND DUPLICATE PAY'T 317764 06- Feb -2008 MAINTENANCE /REPAIRS 317900 13- Feb -2008 CONTRACT- GRASSY BROOK 317637 30- Jan -2008 CONCESSION SUPPLIES 317901 13- Feb -2008 CONCESSION SUPPLIES 317638 30- Jan -2008 CONSULTING SERVICES 317639 30- Jan -2008 LEASES AND RENTS 318039 20- Feb -2008 TUITION REIMS MUNIC FINANCE 317640 30- Jan -2008 UTILITIES 317765 06 -Feb -2008 UTILITIES 317902 13- Feb -2008 UTILITIES 317903 13- Feb -2008 UTILITIES 317904 13- Feb -2008 UTILITIES 317767 06- Feb -2008 MAINTENANCE/REPAIRS 317721 30- Jan -2008 CONTRACT SERVICES 317641 30- Jan -2008 OFC COURSE REIMB 317906 13- Feb -2008 MATERIALS 317642 30- Jan -2008 CONTRACT SERVICES 317769 06- Feb -2008 STORES /INVENTORY 318041 20- Feb -2008 CONTRACT SERVICES -LAND SALE 318040 20- Feb -2008 TAX REFUND RE: TERRA NIAGARA 317643 30- Jan -2008 OFFICE SUPPLIES 317771 06- Feb -2008 OFFICE SUPPLIES 317772 06- Feb -2008 CONTRACT SERVICES 317907 13 -Feb -2008 CONCESSION SUPPLIES 317777 06 -Feb -2008 LEASES AND RENTS PO BOX 317773 06- Feb -2008 MEMBERSHIP 2008 317774 06- Feb -2008 MEMBERSHIPS 2008 317644 30- Jan -2008 MAINTENANCE/REPAIRS 317775 06- Feb -2008 MAINTENANCE /REPAIRS 317776 06 -Feb -2008 CONTRACT SERVICES 318043 20- Feb -2008 REMITTANCE 317778 06- Feb -2008 MATERIALS 317645 30- Jan -2008 MATERIALS 317779 06- Feb -2008 MATERIALS 317909 13- Feb -2008 MATERIALS Page 1 of 7 Amount 924.00 1,968.75 3,476.50 47.25 1,850.38 196.35 815.10 750.00 73.50 36.75 36.75 813, 734.83 204,294.98 903.00 2,374.06 10, 547.16 54.00 26,842.65 11,073.36 248,168.88 32,627.33 723.20 150.00 902.78 552.00 552.00 552.00 563.04 309.00 771.75 31.00 56.81 487.03 183.06 854.95 6,879.50 5,010.88 30.00 176.44 350,416.28 833.47 173.05 6,842.20 1,135.64 323.30 85.40 8,259.82 662.21 113.00 79.10 33.60 630.00 45.00 638.17 1,167.85 444.54 2,519.21 2,698.80 89.33 1,633.90 915.30 106.57 674.10 140.00 604.20 1,866.12 2,229.75 975.48 206.70 1,039.14 29,341.00 46,151.54 5,896.99 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CARRIER MAUSOLEUMS CONSTRUCTION INC CARRIERE,RYAN CARTER CAR TRUCK RENTALS CASUAL CATERING CASUAL CATERING CENTURY VALLEN CENTURY VALLEN CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIMPANZEE CHOWN CAIRNS BARRISTERS SOLICITORS LLP CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITICORP VENDOR FINANCE LTD CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC CLASSIC FIRE PROTECTION INC CLAYDON,JEFF CNIB COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,D COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES CONTINENTAL TIRE CANADA INC COWAN,HEIDI COWAN,HEIDI CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD SMITH SWALLOW CREDIT BUREAU SERVICES CANADA CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYGNAL TECHNOLOGIES CORP 746181 DARK,TRENT DAVID CHEVROLET CORVETTE LTD DEBENEDETTI,NICK DELL CANADA INC DENCO ENGINEERING LTD DEROSE BROS GENERAL CONTRACTING LIMITED DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DF BROWN ROOFING DICKSON,B DISTRIBUTION FIDECIS INC DOMINION PAVING CO DRAFTCON CALAMAR CORP DRAFTING CLINIC CANADA LTD DRAWING CENTRE DUERKSEN,ANGELA E3 LABORATORIES E3 LABORATORIES EARTH TECH CANADA INC EASTLAND,MARI -LYNNE ECONOMIC DEVELOPERS COUNCIL OF ONTARIO ECONOPRINT.NET EFFAT,EFFAT S K ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD ELIA,JOHN ELIA,LUIGI ELLIS ENGINEERING INC Cheque No. Cheque Date Purpose 317646 30- Jan -2008 MATERIALS 317780 06- Feb -2008 MATERIALS 317647 30- Jan -2008 LEASES AND RENTS 317910 13- Feb -2008 MATERIALS 318044 20- Feb -2008 MATERIALS 317912 13- Feb -2008 MATERIALS 318045 20- Feb -2008 MATERIALS 317648 30- Jan -2008 STORES /INVENTORY 317782 06 -Feb -2008 STORES /INVENTORY 317913 13- Feb -2008 STORES /INVENTORY 318046 20- Feb -2008 STORES /INVENTORY 318047 20- Feb -2008 MATERIALS 318048 20- Feb -2008 CONTRACT SERVICES 318049 20- Feb -2008 TAX REFUND JE RANDLE 08 317914 13- Feb -2008 LEASES AND RENTS 0394938 317783 06- Feb -2008 LEASES AND RENTS 317915 13- Feb -2008 LEASES AND RENTS 317649 30- Jan -2008 CONTRACT SERVICES 317784 06- Feb -2008 MATERIALS 317916 13 -Feb -2008 MAINTENANCE /REPAIRS 317785 06- Feb -2008 TRAVEUMILEAGE JAN 08 317786 06- Feb -2008 REMITTANCE ANNUAL CROCUS SA 317650 30- Jan -2008 UTILITIES 317787 06 -Feb -2008 UTILITIES 317917 13- Feb -2008 UTILITIES 318050 20 -Feb -2008 UTILITIES 317651 30- Jan -2008 OFC COURSE REIMS 317918 13- Feb -2008 STORES /INVENTORY 317652 30- Jan -2008 CONTRACT SERVICES 317919 13- Feb -2008 CONTRACT SERVICES 317788 06- Feb -2008 MATERIALS 318052 20- Feb -2008 TUITION REIMB MANAGING FIN. Al 318052 20- Feb -2008 TUITION REIMB FIN ACCT COMPU 317653 30- Jan -2008 CONTRACT SERVICES 317920 13 -Feb -2008 CONTRACT SERVICES 318053 20- Feb -2008 CONTRACT SERVICES 317789 06- Feb -2008 CONTRACT SERVICES 317921 13- Feb -2008 ADMINISTRATIVE 317790 06- Feb -2008 CONTRACT SERVICES 317654 30- Jan -2008 PAYROLL REMITTANCE 317791 06- Feb -2008 PAYROLL REMITTANCE 317922 13- Feb -2008 PAYROLL REMITTANCE 318054 20- Feb -2008 PAYROLL REMITTANCE 317792 06- Feb -2008 MATERIALS 317923 13- Feb -2008 TRAVEUMILEAGE OCT /07 317924 13 -Feb -2008 EQUIPMENT 08 CHEV CUBE VAN 318056 20- Feb -2008 TUITION REIMB SURVEYING 317925 13- Feb -2008 EQUIPMENT 317656 30- Jan -2008 MATERIALS 317657 30- Jan -2008 CONTRACT SERVICES 317658 30- Jan -2008 MATERIALS 317793 06 -Feb -2008 MATERIALS 317793 06- Feb -2008 MATERIALS 318057 20- Feb -2008 MATERIALS 318058 20- Feb -2008 CONTRACT -RE: FIREHALL THEATEI 318059 20 -Feb -2008 COURSE 317794 06- Feb -2008 MATERIALS 317659 30- Jan -2008 CONTRACT -SNOW 318060 20- Feb -2008 CONTRACT MACBAIN 317660 30- Jan -2008 CONTRACT SERVICES 317795 06- Feb -2008 MATERIALS 318061 20 -Feb -2008 TRAVEL/MILEAGE FEB 14 -15/08 317661 30- Jan -2008 MATERIALS 318062 20- Feb -2008 CONTRACT SERVICES 317796 06- Feb -2008 CONSULTING 318063 20- Feb -2008 MATERIALS 317928 13 -Feb -2008 MEMBERSHIP 08 REMITTANCE 318064 20- Feb -2008 MATERIALS 317662 30- Jan -2008 TRAVEUMILEAGE 317929 13- Feb -2008 CONTRACT SERVICES 317663 30- Jan -2008 MATERIALS 317797 06- Feb -2D08 SAFETY SHOES 317664 30- Jan -2008 SERVICE DEPOSIT REFUND 318065 20- Feb -2008 CONTRACT SERVICES Page 2 of 7 Amount 24,669.75 150.00 733.37 136.62 204.66 328.72 144.41 747.24 395.73 1,047.88 739.62 63.60 1,010.02 671.64 9,946.40 96.62 1,901.79 158.20 257.64 598.91 53.50 100.00 469.65 382.90 41.95 201.29 45.00 349.85 22,156.17 22,129.47 6,361.20 424.65 412.12 125.00 130.00 60.00 18,682.50 20.82 6,741.93 3,200.36 3,243.11 3,242.33 3,402.22 2,943.94 125.00 46,317.57 689.66 8,942.82 228.84 1,060.00 168.55 82,263.81 18,716.19 309.62 9,434.25 45.00 248.58 8,246.85 39,263.22 357.03 174.33 319.90 2,969.95 867.83 10,578.75 456.75 278.25 519.86 776.68 1,631.70 64,946.75 150.00 750.00 2,955.81 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EMCO LIMITED DISTRIBUTION EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS,DOUG EVERLAST RESTORATION INC EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS CHEVROLET OLDSMOBILE LTD FALLS WHOLESALE LTD FASTENAL CANADA FAZAKAS,GERI FELICETTI,SERGE FEREN SIGNS AWNINGS LTD FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORBES FORD FORLIN,KATHY FRALICK CONSTRUCTION, FRANK COWAN COMPANY LIMITED FRED BRUGMAN FRONT RANGE SOLUTIONS G K SERVICES CANADA INC GARY WEAVER PLUMBING HEATING CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY HALCO MOBILE MFG SALES SERVICE INC HAMDANI DRYCLEANERS LTD HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HANG UPS 99 HARKES INDUSTRIES INC HEUSERS STEEL WORKS LTD HICKS MORLEY HAMILTON STEWART STORIE LLP HIMES,DAVID HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF CI CANADA INC NNOVATIVE SURFACE SOLUTIONS CANADA NTEGRATED BUSINESS CONCEPTS INC NTEGRATED BUSINESS CONCEPTS INC OANNONI,CARMINE SECO INDUSTRIAL SAFETY EQUIPMENT CO LTD J &B JACKSON,CHRISTINE JAGGER HIMS LIMITED KAUPP ELECTRIC LTD Cheque No. Cheque Date Purpose 317930 13- Feb -2008 STORES /INVENTORY 317665 30- Jan -2008 CONTRACT SERVICES 317931 13- Feb -2008 CONTRACT SERVICES 317666 30- Jan -2008 UTILITIES 317799 06- Feb -2008 UTILITIES 317932 13- Feb -2008 UTILITIES 318066 20- Feb -2008 UTILITIES 317800 06- Feb -2008 TRAVEL/MILEAGE JAN 08 317801 06- Feb -2008 MATERIALS 317933 13- Feb -2008 MATERIALS 317667 30- Jan -2008 TRAVEL/MILEAGE/TRAINING 01/08 317802 06 -Feb -2008 REFUND SERVICE DEPOSIT 317934 13- Feb -2008 CONTRACT RE: 4251 HURON ST 317803 06- Feb -2008 CONTRACT SERVICES 317804 06- Feb -2008 REMITTANCE 317935 13- Feb -2008 CONCESSION SUPPLIES 318067 20- Feb -2008 STORES /INVENTORY 317805 06- Feb -2008 SAFETY SHOES 317668 30- Jan -2008 REBATE EMPL. PURCH. 01/08 317669 30- Jan -2008 MATERIALS 317670 30- Jan -2008 ANNUAL REMITTANCE 2008 317806 06 -Feb -2008 MAINTENANCE /REPAIRS 318068 20- Feb -2008 REMITTANCE CP99342 317807 06- Feb -2008 MATERIALS 317937 13- Feb -2008 STORES /INVENTORY 318070 20- Feb -2008 STORES /INVENTORY 317671 30- Jan -2008 EQUIPMENT 317808 06- Feb -2008 TRAVEL/MILEAGE JAN 08 317672 30- Jan -2008 SERVICE DEPOSIT REFUND 317809 06 -Feb -2008 MATERIALS 317938 13- Feb -2008 CONTRACT SERVICES US DRAFT 31- Jan -2008 SERVICES 317673 30- Jan -2008 MATERIALS 317741 30- Jan -2008 CONTRACT SERVICES 317674 30- Jan -2008 STORES /INVENTORY 31781D 06- Feb -2008 MATERIALS 317939 13- Feb -2008 STORES /INVENTORY 317940 13- Feb -2008 UTILITIES 317675 30- Jan -2008 MATERIALS 317811 06- Feb -2008 MATERIALS 317941 13- Feb -2008 MATERIALS 317676 30- Jan -2008 PAYROLL REMITTANCE 317677 30- Jan -2008 CONTRACT SERVICES 317812 06- Feb -2008 CONTRACT STREETLIGHTING 317813 06- Feb -2008 CONTRACT SERVICES 317942 13 -Feb -2008 CONTRACT STREETLIGHTING 317943 13- Feb -2008 CONTRACT SERVICES DEERFIELE 317944 13- Feb -2008 STORES /INVENTORY 318071 20- Feb -2008 STORES /INVENTORY 317814 06 -Feb -2008 STORES /INVENTORY 317945 13 -Feb -2008 STORES /INVENTORY 318072 20 -Feb -2008 STORES /INVENTORY 317948 13- Feb -2008 STORES /INVENTORY 317946 13- Feb -2008 CONTRACT SERVICES 317815 06- Feb -2008 MAINTENANCE /REPAIRS 318073 20- Feb -2008 REFUND RE: ASSESS REVIEW 317947 13- Feb -2008 TRAVEL/MILEAGE JAN 08 317816 06- Feb -2008 MATERIALS 317817 06 -Feb -2008 MATERIALS 318074 20- Feb -2008 MATERIALS 317818 06- Feb -2008 CONTRACT SERVICES 317679 30- Jan -2008 SAFETY SHOES /08 317753 05- Feb -2008 LEASES AND RENTS ELGIN BLOCI 317819 06- Feb -2008 TRAVEL/MILEAGE JAN 08 317949 13- Feb -2008 MATERIALS 317820 06- Feb -2008 MATERIALS 317680 30- Jan -2008 MATERIALS 318075 20- Feb -2008 MATERIALS COLD PATCH 318077 20 -Feb -2008 TUITION REIMS 317821 06- Feb -2008 MATERIALS 317950 13- Feb -2008 COURIER 317951 13- Feb -2008 TRAVEL/MILEAGE JAN 08 317681 30- Jan -2008 CONSULTING SERVICES 317952 13- Feb -2008 MATERIALS Page 3 of 7 Amount 169.23 183.75 183.75 4,642.72 73.77 7,335.74 33,461.33 121.50 18,586.92 345.83 138.78 750.00 537.60 1,382.05 24.20 713.91 2,134.19 124.29 300.00 347.05 511.35 3,162.85 1,135, 839.68 2,407.41 2,571.47 21926 18,368.15 48.00 750.00 35,264.82 114.30 4,068.30 144.52 1,279.84 3,111.62 827.10 215.39 126.45 3,116.79 1,370.80 831.31 48.00 4,006.80 8,614.50 1,602.22 22,019.12 1,476.03 1,440.07 2,875.91 612.86 3,991.57 1,482.38 3,461.87 621.50 56.54 1,823.89 117.50 53.55 243.78 1,096.10 1,228.50 139.98 6,509.75 84.50 45.22 2,884.97 5,219.08 2,704.91 793.20 305.08 36.75 41.50 7,544.07 1,926.65 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KRONSTEIN,MARK KUCHYT,TOM L CAMPBELL ASSOCIATES L ST AMAND ENTERPRISES L ST AMAND ENTERPRISES L WALTER SONS EXCAVATING LAFARGE CANADA INC LAKE'S MAINTENANCE LATOPLAST LTD LELIEVRE,PETER LINDSAY PRESS LINDSAY PRESS LONGO,RALPH LYMBURNER,ROBERT M J DUMONT ENTERPRISES LTD MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MAYHEW ASSOCIATES (BURLINGTON) INC MCCONNELL,LUCILLE MCNAMARA,SUSAN MEDCON MECHANICAL LTD MEDIA PRO INC MEMON,AMANULLAH MERRETT,AUDREY LOUISE MICIELI,TONY MICRON INSTALLATIONS LIMITED MINERVINI, DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE/MINISTRY OF TRANSPORTATION MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONTELEONE,SAM MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,ANNA MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MORTON,DALE MUNICIPAL RETIREES ORGANIZATION ONTARIO MUNICIPAL WSIB USERS GROUP MY COUNTRY DELICATESSEN N Y STYLE DELI NEDCO NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA CHAIR A VAN NIAGARA COLLEGE ATHLETIC YEARBOOK NIAGARA COMMUNITY FOUNDATION NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM Cheque No. Cheque Date Purpose 317682 30- Jan -2008 CONTRACT SERVICES 317822 06- Feb -2008 CONTRACT SERVICES 317953 13- Feb -2008 CONTRACT SERVICES SANDING 318078 20- Feb -2008 CONTRACT SERVICES PLOWING 317954 13- Feb -2008 TRAVEUMILEAGE JAN 08 317823 06 -Feb -2008 TRAVEUMILEAGE JAN 08 317956 13- Feb -2008 CONSULTING ST MICHAELS WET 317960 13- Feb -2008 CONTRACT SERVICES 318082 20- Feb -2008 MATERIALS 317686 30- Jan -2008 CONTRACT SERVICES 317955 13- Feb -2008 MATERIALS 318079 20- Feb -2008 CONTRACT SERVICES 317824 06- Feb -2008 STORES /INVENTORY 317683 30- Jan -2008 EYE GLASSES REPLACEMENT 317958 13- Feb -2008 MATERIALS 318081 20- Feb -2008 MATERIALS 317826 06 -Feb -2008 SAFETY SHOES 317687 30- Jan -2008 REMITTANCE 317694 30- Jan -2008 SERVICES 317688 30- Jan -2008 CONTRACT SERVICES 317961 13 -Feb -2008 TRAVEUMILEAGE JAN 08 317827 06- Feb -2008 MATERIALS 317962 13- Feb -2008 TRAVEL/MILEAGE JAN 08 317963 13- Feb -2008 TRAVEUMILEAGE JAN 08 317689 30- Jan -2008 CONTRACT SERVICES 317690 30- Jan -2008 MATERIALS 318083 20- Feb -2008 TRAVEUMILEAGE JAN 08 317829 06- Feb -2008 PAPP TAX REFUND 317831 06 -Feb -2008 MATERIALS 318084 20- Feb -2008 MAINTENANCE /REPAIRS 317832 06- Feb -2008 TRAVEUMILEAGE JAN 08 317834 06- Feb -2008 PAYROLL REMITTANCE EHT 317835 06- Feb -2008 PAYROLL REMITTANCE EHT 317965 13- Feb -2008 REMITTANCE -FINAL OHRP 318086 20 -Feb -2008 PST REMITTANCE -DEC 1/07 -JAN 31 318087 20- Feb -2008 REMITTANCE JAN 08 PST 318088 20- Feb -2008 REMITTANCE COURT COSTS 317692 30- Jan -2008 PAYROLL REMITTANCE 317833 06- Feb -2008 PAYROLL REMITTANCE 317964 13- Feb -2008 PAYROLL REMITTANCE 318085 20 -Feb -2008 PAYROLL REMITTANCE 317695 30- Jan -2008 CONTRACT SERVICES 317695 30- Jan -2008 CONTRACT SERVICES 317836 06- Feb -2008 MATERIALS 318089 20- Feb -2008 MATERIALS 317696 30- Jan -2008 SAFETY SHOES 317697 30- Jan -2008 CONTRACT SERVICES 317838 06- Feb -2008 TUITION REIMB. -EXCEL PART II 317837 06- Feb -2008 TRAVEUMILEAGE JAN 08 317839 06- Feb -2008 TRAVEUMILEAGE JAN 08 317840 06- Feb -2008 TRAVEUMILEAGE JAN 08 317966 13- Feb -2008 REIMB OUT OF THE COLD 07 317699 30- Jan -2008 REMITTANCE 318091 20- Feb -2008 2008 WCB USERS GRP MEMBERSH 318092 20- Feb -2008 MATERIALS 317976 13- Feb -2008 MATERIALS 317968 13- Feb -2008 MATERIALS 318093 20- Feb -2008 TYPE 10 CEMENT 317969 13- Feb -2008 FEBRUARY 2008 DRAW 318094 20 -Feb -2008 MONTHLY DRAW MAR 08 317841 06- Feb -2008 BUSINESS CARD SIZE AD 318096 20- Feb -2008 SLEEP CHEAP 2007 318097 20- Feb -2008 ADVERTISING 318098 20- Feb -2008 BOWL FOR KIDS SAKE 2008 317843 06- Feb -2008 REMITTANCE DOG TAG SALES 317970 13 -Feb -2008 GRANT /CONTRACT SERV. 02/08 318099 20- Feb -2008 CONTRACT SERVICES MARCH 08 317703 30- Jan -2008 PAYROLL REMITTANCE 317846 06- Feb -2008 PAYROLL REMITTANCE 317847 06- Feb -2008 PAYROLL REMITTANCE 317973 13- Feb -2008 PAYROLL REMITTANCE 318102 20- Feb -2008 PAYROLL REMITTANCE 317848 06- Feb -2008 GRANT 318103 20 -Feb -2008 GRANT ALLOWANCE MAR 08 Page 4 of 7 Amount 1,832.74 11,127.35 6,317.92 684.76 78.00 228.50 1,515.88 470.65 470.65 2,050.58 17,781.98 3,613.58 1,717.60 208.00 826.50 609.56 150.00 45.00 800.22 7,661.55 96.00 1,567.31 90.00 108.00 428.24 88.98 70.50 51.92 135.59 803.48 268.50 60,160.94 4,231.96 13,869.53 3,741.30 6,760.38 6443.25 1,388.96 1,388.96 1,388.96 1,388.96 84.43 1,542.78 83.17 278.74 150.00 2,183.60 146.35 270.50 135.50 63.00 74.08 250.00 85.00 38.09 224.87 67.90 108.37 29,692.92 29,692.92 173.25 725.00 677.27 300.00 270.00 39,383.19 38,843.19 2,911.52 4,855.66 2,888.04 2,888.04 2,888.04 46,666.66 23,333.33 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. NIAGARA OCCUPATIONAL HEALTH SERVICES 317974 NIAGARA ON THE LAKE HYDRO INC 317704 NIAGARA PENINSULA CONSERVATION AUTHORITY 317705 NIAGARA PENINSULA CONSERVATION AUTHORITY 317849 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDR( 317701 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDR( 317702 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRC 317844 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDR( 317845 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRC 317971 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRO 317972 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDRC 318100 NIAGARA PENINSULA ENERGY INC (FKA: NIAGARA FALLS HYDR( 318101 NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION 317851 NIAGARA THIS WEEK 318104 NIAGARA TRANSIT 317706 NIAGARA.COM 318095 NORJOHN CONTRACTING PAVING LTD 317975 OCE- CANADA INC 317707 OCE- CANADA INC 317852 OCE- CANADA INC 317977 O'DELL ASSOCIATES INC. 317978 OMERS 317853 OMERS 317854 OMERS 317979 ONTARIO MUNICIPAL ADMINISTRATORS' ASSOCIATION 317709 ONTARIO MUNICIPAL FIRE PREVENTION OFFICERS' ASSOCIATIO 317855 PASQUARIELLO,ALF 317856 PEACOCK,JOAN 318105 PEC ROOF MAINTENANCE 317980 PENINSULA PEST CONTROL LTD 317710 PENINSULA PEST CONTROL LTD 317857 PENINSULA PURE WATER 317981 PENINSULA PURE WATER 318106 PETRO CANADA 317982 PHILIPS ENGINEERING 318107 PINCHIN ENVIRONMENTAL 318108 PIPEFLO CONTRACTING CORPORATION 317983 PJ MARKETING 317711 PORT COLBORNE ECONOMIC DEVELOPMENT TOURISM CORP 317858 PRATA,GUY 317712 PROJECT SHARE 317984 PROJECT SHARE 318109 PROSECUTORS' ASSOCIATION OF ONTARIO 317985 PROTEL ALARM SIGNAL 317713 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 317714 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 317986 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 317987 PUROLATOR COURIER 317715 PUROLATOR COURIER 317988 PUROLATOR COURIER 318110 QUICKSERVICE TECH (CAN) 317716 R W HOIST REPAIRS LTD 317722 R M LOUDON LIMITED 317685 R M LOUDON LIMITED 317959 RBC LIFE INSURANCE COMPANY 317717 RCI CONSULTING 317989 REAMINED SYSTEMS INC 317718 RECEIVER GENERAL 317719 RECEIVER GENERAL 317859 RECEIVER GENERAL 317990 RECEIVER GENERAL 318111 REGIONAL MUNICIPALITY OF NIAGARA 317720 REGIONAL MUNICIPALITY OF NIAGARA 317752 REGIONAL MUNICIPALITY OF NIAGARA 317860 REGIONAL MUNICIPALITY OF NIAGARA 317992 REGIONAL MUNICIPALITY OF NIAGARA US DRAFT REGIONAL MUNICIPALITY OF NIAGARA US DRAFT REGIONAL MUNICIPALITY OF NIAGARA US DRAFT REGIONAL MUNICIPALITY OF NIAGARA US DRAFT REGIONAL MUNICIPALITY OF NIAGARA US DRAFT ROGERS WIRELESS INC 318113 SAFEDESIGN APPAREL LTD 317993 SAFEDESIGN APPAREL LTD 318114 SAFETY KLEEN CANADA INC 317861 Cheque Date 13- Feb -2008 30- Jan -2008 30- Jan -2008 06- Feb -2008 30- Jan -2008 30 -Jan -2008 06 -Feb -2008 06- Feb -2008 13- Feb -2008 13- Feb -2008 20- Feb -2008 20- Feb -2008 06- Feb -2008 20 -Feb -2008 30- Jan -2008 20- Feb -2008 13- Feb -2008 30- Jan -2008 06 -Feb -2008 13- Feb -2008 13 -Feb -2008 06- Feb -2008 06- Feb -2008 13- Feb -2008 30- Jan -2008 06- Feb -2008 06- Feb -2008 20- Feb -2008 13- Feb -2008 30- Jan -2008 06- Feb -2008 13- Feb -2008 20- Feb -2008 13- Feb -2008 20- Feb -2008 20- Feb -2008 13 -Feb -2008 30- Jan -2008 06- Feb -2008 30- Jan -20D8 13 -Feb -2008 20- Feb -2008 13 -Feb -2008 30- Jan -2008 30- Jan -2008 13- Feb -2008 13- Feb -2008 30- Jan -20D8 13- Feb -2008 20- Feb -2008 30- Jan -2008 30- Jan -2008 30- Jan -2008 13- Feb -2008 30- Jan -2008 13- Feb -2008 30- Jan -2008 30- Jan -2008 06- Feb -2008 13 -Feb -2008 20 -Feb -2008 30- Jan -2008 31- Jan -2008 06- Feb -2008 13- Feb -2008 10- Jan -2008 11- Jan -2008 11- Jan -2008 25- Jan -2008 31- Jan -2008 20- Feb -2008 13- Feb -2908 20- Feb -2008 06- Feb -2008 Purpose MATERIALS ADMINISTRATIVE CONTRACT SERVICES MATERIALS WATER ARREARS JAN 29/08 UTILITIES WATER ARREARS TRANSFER FEB UTILITIES WATER ARREARS TRSF FEB 12 UTILITIES WATER ARREARS FEB 19/08 UTILITIES REMITTANCE 2008 MEMBERSHIP ADVERTISING PETTY CASH REIMBURSEMENT UTILITIES CONTRACT -ROAD PATCH MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE LIBRARY PAYROLL REMITTANCE REMITTANCE REMITTANCE 2008 MEMBERSHIP MAINTENANCE /REPAIRS REFUND OVERPAYMENT MAINTENANCE/REPAIRS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND SERVICE DEP MATERIALS MATERIALS CONTRACT SEWER TV INSPECTIC MATERIALS MATERIALS TRAVEUMILEAGE GRANT FEBRUARY 08 MARCH 08 GRANT ALLOWANCE REMITTANCE 08 MEMBERSHIP X 4 CONTRACT SERVICES CONTRACT SERVICES CONTRACT -MAPLE ST STORM CONTRACT -MAPLE ST STORM COURIER COURIER COURIER EQUIPMENT CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES REMITTANCE CONTRACT SERVICES MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE SIGNS MOE CERTIF ADMINISTRATIVE SIGNS DEBENTURE INTEREST DEBENTURE INTEREST DEBENTURE PRINC INTEREST DEBENTURE INTEREST LEACHATE CR WATER FLOWS UTILITIES MATERIALS MATERIALS MATERIALS Page 5 of 7 Amount 440.00 62.61 1,092.08 46,947.54 1,713.86 19, 927.24 4,423.79 30,163.19 4,665.50 288.95 5,479.26 16.600.38 100 00 394.80 229.79 150.62 45,497.93 8.40 3,656.00 8.40 254.25 431, 592.33 26,836.64 659.98 275.00 150.00 90.10 314.15 380.69 216.24 31.80 116.00 155.00 750.00 98.08 703.29 79,737.42 3,208.50 450.00 33.50 25,412.67 25,412.67 240.00 2,115.75 69,221.71 16,076.60 149,675.20 326.13 110.32 83.66 1,154.02 1,127.93 2,687.47 7,091.44 1,234.30 1,016.40 525.00 205,507.69 210,824.33 218,879.46 215,731.87 10,272.87 1,100.00 65,207.85 3,967.93 70,333.50 217,820.24 504,703.14 69,820.23 1,534,090.44 3,394.16 515.28 133.54 212.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SAFETY TODAY SAFETY TODAY SALCLTED SALCI,TED SCOTIABANK SHAHEEN PEAKER LTD SHRED IT KITCHENER SILVERLINE GROUP INC SMALL BUSINESS CLUB NIAGARA INC SMITH,ADAM C SMITH,LEE ST JOHN AMBULANCE STINSON EQUIPMENT LIMITED STOKES INTERNATIONAL STRANGES,LOU STRATEGY CORP STREAMLINE STREAMLINE SULLIVAN MAHONEY IN TRUST SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SYMPOSIUM TECHNOLOGIES TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TARCZY,TARA TAYLORS WATER SERVICE TECHNICAL STANDARDS SAFETY AUTHORITY TELLIER,MIKE TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TENAQUIP LIMITED THE EMPIRE LIFE INSURANCE CO THE JACKET CELLAR THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW TIM HORTONS STORE #30 TOROMONT TORONTO STAMP INC TRIUMPH ALUMINUM AND SHEET METAL INC TROPHY SHOP THE TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UNITED WAY UNIVERSITY OF WATERLOO UPPER CANADA CONSULTANTS URBAN MARKETING COLLABORATIVE V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER BROTHERS ASPHALT WALKER BROTHERS QUARRIES LTD WAYNE SAFETY INC WAYNE SAFETY INC WEIR FOULDS Cheque No. Cheque Date 317994 13 -Feb -2008 318115 20- Feb -2008 317723 30- Jan -2008 318116 20- Feb -2008 317862 06- Feb -2008 317724 30- Jan -2008 317725 30- Jan -2008 317726 30- Jan -2008 318117 20- Feb -2008 317863 06 -Feb -2008 317727 30- Jan -2008 SOCIETY OF PUBLIC INSURANCE ADMINISTRATORS OF ONTARI( 317996 13- Feb -2008 ST JOHN AMBULANCE 317864 06- Feb -2008 318119 20 -Feb -2008 317998 13- Feb -2008 317999 13- Feb -2008 317728 30- Jan -2008 318000 13- Feb -2008 317865 06- Feb -2008 318120 20- Feb -2008 318029 14- Feb -2008 317730 30- Jan -2008 318121 20- Feb -2008 317729 30- Jan -2008 317866 06- Feb -2008 318001 13- Feb -2008 318002 13- Feb -2008 317732 30- Jan -2008 318003 13- Feb -2008 317733 30- Jan -2008 317867 06 -Feb -2008 318004 13 -Feb -2008 317734 30- Jan -2008 317868 06 -Feb -2008 317869 06- Feb -2008 318005 13- Feb -2008 318123 20 -Feb -2008 317735 30- Jan -2008 317870 06- Feb -2008 318124 20- Feb -2008 318125 20- Feb -2008 317871 06- Feb -2008 317798 06- Feb -2008 318006 13- Feb -2008 317736 30- Jan -2008 317872 06- Feb -2008 318007 13- Feb -2008 318008 13 -Feb -2008 317873 06- Feb -2008 317874 06- Feb -2008 317875 06- Feb -2008 318126 20 -Feb -2008 318127 20- Feb -2008 317876 06- Feb -2008 318009 13- Feb -2008 317877 06- Feb -2008 317737 30- Jan -2008 318010 13- Feb -2008 318011 13- Feb -2008 317878 06- Feb -2008 318012 13 -Feb -2008 318013 13- Feb -2008 318014 13- Feb -2008 317738 30- Jan -2008 317740 30- Jan -2008 318017 13- Feb -2008 318128 20- Feb -2008 317739 30- Jan -2008 317879 06- Feb -2008 318015 13- Feb -2008 318016 13- Feb -2008 317880 06- Feb -2008 318018 13- Feb -2008 318019 13- Feb -2008 Purpose STORES /INVENTORY STORES /INVENTORY ADMINISTRATIVE ADMINISTRATIVE PURCHASE CARD CONTRACT SERVICES CONTRACT SERVICES REFUND ADVERTISING REFUND PETTY CASH REIMBURSEMENT FEE FOR SPIAO WORKSHOP GRANT MARCH 08 MONTHLY DRAW MATERIALS MATERIALS TRAVEUMILEAGE CONTRACT SERVICES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS DEPOSIT- BELLI LANDS REMITTANCE REMITTANCE FUEL FUEL FUEL FUEL SUPPLIES SUPPLIES CONTRACT SERVICES ADVERTISING ADVERTISING REFUND MATERIALS MAINTENANCE /REPAIRS SAFETY BOOTS 08 UTILITIES UTILITIES CONTRACT SERVICES UTILITIES UTILITIES MATERIALS GROUP LIFE MATERIALS MATERIALS MATERIALS MATERIALS ADVERTISING MATERIALS MAINTENANCE/REPAIRS OFFICE SUPPLIES CONTRACT WILLOUGHBY ROOF MATERIALS TRAVEL/MILEAGE JAN 08 TRAVEL/MILEAGE JAN 08 PARTS PAYROLL REMITTANCE SEMINAR -J POTTS CONTRACT SERVICES CONTRACT SERVICES CONTRACT- GARNER CONTRACT- GRASSY BROOK CONTRACT GARNER MATERIALS MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES Page 6 of 7 Amount 94.92 981.75 2,113.82 1,155.00 9,965.50 1,132.08 72.03 135.95 31.50 20.32 146.40 225.00 5,416.66 2,708.33 1,423.80 814.19 24.50 7,875.28 276.85 745.80 6,500.00 260,506.18 1,611.69 79,107.48 73,052.65 1,356.14 25,032.22 315.32 459.09 19,875.00 1,917.26 983.77 62.00 96.00 189.00 90.39 2,691.08 1,852.28 2,107.46 290.92 6,955.54 112.91 29,015.60 54.81 55.37 55.37 135.60 12,125.61 147.69 12,088.03 112.53 19,843.20 2,561.71 155.00 90.00 499.86 1,577.50 984.00 7,512.75 10,500.00 97,278.04 148,028.18 472,380.66 7,643.70 304.50 34.35 285.40 4,407.31 555.34 500.80 7,523.32 872.36 345.78 6,537.10 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WELLAND SMALL CLAIMS COURT WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTMOUNT PRINTING 1008046 ONTARIO LTD WILKINSON,SCOTT WILLIAMS,WALTER& WILLIAMS, MARGARET WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YMCA YMCA YWCA ST CATHARINES YWCA ST CATHARINES Cheque No. Cheque Date 317742 30- Jan -2008 317881 06- Feb -2008 318020 13- Feb -2008 318129 20- Feb -2008 317743 30- Jan -2008 317882 06- Feb -2008 318021 13- Feb -2008 317883 06- Feb -2008 317744 30- Jan -2008 317745 30- Jan -2008 318022 13- Feb -2008 318131 20- Feb -2008 318023 13- Feb -2008 318132 20- Feb -2008 317746 30- Jan -2008 317884 06- Feb -2008 318024 13- Feb -2008 318133 20- Feb -2008 317747 30- Jan -2008 317885 06- Feb -2008 317886 06- Feb -2008 318025 13- Feb -2008 318134 20- Feb -2008 317748 30- Jan -2008 317887 06- Feb -2008 317749 30- Jan -2008 318026 13- Feb -2008 318135 20- Feb -2008 317888 06- Feb -2008 318136 20- Feb -2008 318027 13- Feb -2008 318137 20- Feb -2008 Purpose PAYROLL DEDUCTIONS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE STORES /INVENTORY STORES /INVENTORY MATERIALS REIMB CPR RECERT TAX REFUND CONTRACT SERVICES GRANT FEBRUARY 08 GRANT MAR 08 GRANT FEBRUARY 08 GRANT MARCH 08 FUEL FUEL FUEL FUEL REMITTANCE MATERIALS PAYROLL REMIT LIBRARY REMITTANCE REMITTANCE PETTY CASH INCREASE MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES GRANT FEB 08 GRANT MAR 08 Page 7 of 7 Amount 128.07 128.07 128.07 128.07 5,649.64 674.20 63.00 40.00 162.80 65.00 31,666.67 31,666.67 2,083.33 2,083.33 23,735.63 28,683.52 20,557.24 24,409.47 30,312.90 2,042.12 694.37 14,763.58 3,828.85 1,487.78 410.07 541.58 139.65 404.93 7,516.03 4,007.10 5,181,83 5,181.83 Total 10,034,150.67 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17` day of March, 2008. 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 17 day of March, 2008 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. 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 seventeenth day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 17, 2008 March 17, 2008 March 17, 2008