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2008/06/23COUNCIL MEETING Monday, June 23, 2008 Order of Business and Agenda Package PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of June 9, 2008 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Senior of the Year Carol Gillespie will be presented with the Senior of the Year Award. Provincial Soccer Champions St. Michael's Senior Boys Soccer Team will be recognized for winning the OFSAAA championships. Public Meeting AM- 2008 -009, Official Plan and Zoning By -law Amendment Application 6586 Thorold Stone Road Applicant: 1108846 Ontario Limited (Amedeo Condotta) Agent: Brian Sinclair, Q.C. Conversion and Expansion of an Existing Dwelling into a Commercial Use Background Material: Recommendation Report: PD- 2008 -56 COUNCIL MEETING June 23, 2008 DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS PLANNING MATTERS AND- -2- Correspondence from the Niagara Region Planning Development dept. Correspondence from Gerald Christine Campigotto Correspondence from residents of Crawford Street Public Meeting AM- 2008 -010, Zoning By -law Amendment Application 5204 Stanley Avenue Applicant: 1746951 Ontario Inc. Max Schoemer, President) Agent: Chris Cristelli Proposed Gasoline Bar and Retail Convenience) Store Background Material: Recommendation Report: PD- 2008 -55 AND Correspondence from the Niagara Region Public Works Dept. Public Meeting AM- 2008 -011, Zoning By -law Amendment Application 4354 Drummond Road Portage Road West Side Owner: Kargo Properties Inc. Proposed General Commercial Zoning Background Material: Recommendation Report: PD- 2008 -61 -AND Correspondence from the Niagara Region Planing Dept. UNFINISHED BUSINESS 1. CPS 2008 -06 Garner Southwest and Grassy Brook Sanitary Service Areas 2. L- 2008 -15 Borrowing for Capital Expenditures -3- MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 a) Fallsview B.I.A. request for approval of their 2008 budget. -and- 1b) Victoria Centre B.I.A. request for approval of their 2008 budget. RECOMMENDATION: For the Approval of Council. 2. Regional Municipality of Niagara requesting comments from lower -tier municipality on tourist exemption applications for A P Food Store, 3770 Montrose Road and Home Depot, 7190 Morrison Street. RECOMMENDATION: For the Consideration of Council. 3. Martin Sheppard Fraser requesting to appear at Community Services Committee on July 7, 2008 to ask Council to rescind their motion from 2000 to return 6335 Crawford Street to green space. -AND- RECOMMENDATION: For the Consideration of Council. Additional Items for_Counci1 Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 1. Chief Administrative Officer CD- 2008 -09 Prey Niagara Night Club, 5890 Main Street RESOLUTIONS THEREFORE BE IT RESOLVED that the issuance of a liquor licence at 5890 Main Street (Prey Night Club) is not in the public interest having regard to the needs and wishes of the residents of Niagara Falls. 4 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 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 -25 Vaughan Municard Report MW- 2008 -36 Tender #2008 -03 Asphalt Overlay Phase One MW- 2008 -37 Tender T -13 -2008 New Equipment Purchase PD- 2008 -57 Former Carnegie Library Building Restoration Work 5017 Victoria Avenue PD- 2008 -58 CB FIG 17/2008, Downtown CIP Commercial Building Grant Application, 4573 -4583 Queen Street, Joe Mrkalj Orchid Bar Restaurant (formerly Daily Planet) R- 2008 -25 Niagara Catholic District School Board Agreement Notre Dame Play Space) TS- 2008 -39 Billboard Sign Lease Extension Municipal Lot #20 Vann Media BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -102 A by -law to amend By -law No. 79 -200, to permit the development of an apartment dwelling on the land and to repeal By -law No. 89 -235. (AM -2008- 006) 2008 -103 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. -5 2008 -104 A by -law to authorize the execution of the 2006 2008 Collective Agreement with the Niagara Falls Professional Fire Fighters Association. 2008 -105 A by -law to amend By -law No. 2007 -37, a by -law to provide for appointments to certain Boards, Commissions and Committees. 2008 -106 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23' day of June, 2008. NEW BUSINESS 6/ 6/2008 Teresa Fabbro Re: enior o the Year Pa•e1 From: Dean lorfida To: Hanya Goforth, Teresa Fabbro Date: 5/15/2008 2:47 PM Subject: Re: Senior of the Year Shouldn't be a problem. Original Message---- From: Hanya Goforth To: Dean lorfida <diorfida a@niagarafalls.ca> Sent: 5/15/2008 2:24:19 PM Subject: Senior of the Year Hi Dean, Is it possible to please add our recipient for the Senior of the Year award Carol Gillespie to the June 23rd agenda. Thanks Hanya Community Services Department Parks, Recreation Culture Inter Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 Niagara fills DATE: June 18, 2008 RE: Awards At Council Monday, June 23, 2008 Saint Michael Catholic High School Senior Boys Soccer O.F.S.A.A. Champions The Saint Michael Catholic High School Senior Boys Soccer Team recently competed at O.F.S.A.A. the Ontario Federation of School Athletics Association and came away champions! Their journey began early in the year when the team committed to a pre season training in February. They travelled to Bethany, West Virginia in April and competed in the Can-Am boy's soccer tournament. The team captured their first three games giving them the chance to compete in the finals, only to fall short and place second in the overall tournament. This proved to be an excellent team building experience. The team practised four days a week, preparing for the regular season. Finishing with a 6 -1 record, the St. Mike's Mustangs captured the Zone Title defeating E.L. Crosley and then travelled to the S.O.S.S.A. Regionals (Southern Ontario Secondary Schools Association) for the first time in four years. At S.O.S.S.A., the team fought their way to capture the Championship by defeating Hamilton Christian in penalty kicks. The St. Mike's team travelled to Sarnia for the O.F. S.A.A. tournament and captured the Championship title for the first time ever! The St. Mikes Mustangs are rated number one in Ontario for AA Senior Boys Soccer. Congratulations to the coaches and the team players. Team Members include: Sergio Cartes Martin Lucas Folino Dustin Maiolo Justin Shugg Tyler Tonet Christopher Webb James DeFilippis Mitchel Gartner Christopher Marchese Kevin Smyth Mario Trapasso Daniel Zappitelli Joseph DeFilippis Robert Kearns Anthony Perry Joseph Taddeo Giulian Tropea Head Coach: Pat Ricci, Coaches: Sandro Secca Dom Scozzafava J.P. Verrucci Principal: Mario Ciccarelli Cathy, please prepare plaques to honour the team members for the June 23 Council meeting. Thank you. cc. Dean Iorfida, Kathy Moldenhauer, Denyse Morrissey C:1Documents and Settings \tn206\Local Settings\Temp\XPgrpwise\St Mikes Sr Boys Soccer Team OFSAA Champs June 2008.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 23, 2008 PD- 2008 -56 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraa11s CANADA Re: PD- 2008 -56 AM- 2008 -009, Official Plan and Zoning By -law Amendment Application 6586 Thorold Stone Road Applicant: 1108846 Ontario Limited (Amedeo Condotta) Agent: Brian Sinclair, Q. C. Conversion and Expansion of an Existing Dwelling into a Commercial Use RECOMMENDATION: That Co cil deny the Official Plan and Zoning By -law amendment for the requested cgmm cial use. Low ci 1 tx0 Provi 4132. 1� cu. h� as per -1tt e Si-l2 Pl avt n scl(dul 2, -01,0, #h e u..ses be 1 i m }eat BACKGROUND: -k' and c[ %v�ic. anc fh 'I -fie� rtie 1 cars be �tui +-edt 4o +tC(. f 4� 1108846 Ontario Limited has requested amendments to the Official Plan and the Zoning By -law for a 0.25 hectare (0.61 acre) parcel of land known as 6586 Thorold Stone Road, as shown on Schedule 1. A 2- storey dwelling exists on the property. The applicant is proposing to convert and expand the dwelling into a 2- storey, 750 square metre (8070 square foot) commercial building, consisting primarily of offices. Schedules 2 and 3 show details of the proposal. The subject lands are designated Residential in the Official Plan. The applicant is requesting a site specific Special Policy Area provision be added to allow the property to be used for commercial purposes and allow the existing dwelling to be converted to a commercial building primarily for office use. The subject land is pre -zoned Residential Apartment 5A Density (R5A) to facilitate redevelopment with multiple residential dwellings. The land is requested to be rezoned to a site specific Neighbourhood Commercial (NC) zone to permit it to be used for commercial purposes. In addition, site specific provisions are requested to eliminate the 230 square metre (2475 square foot) floor area limit per commercial unit, increase the height of the building from 8 metres (26.2 feet) to 10 metres (32.8 feet), reduce the front yard setback from 15 metres (49.2 feet) to 5 metres (16.4 feet) to recognize the existing front yard setback, establish site specific t�coverage and landscaped open space standards to reflect the proposal shown o dule 2. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada 1.2.E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community services Department Planning Development June 23, 2008 2 PD- 2008 -56 Site Conditions and Surrounding Land Uses A 2- storey dwelling exists on the property. Residential dwellings lie to the west and south of the subject land. A place of worship lies to the north. A restaurant (The Far East Restaurant) lies to the east. This restaurant, along with John's Restaurant on the north side of Thorold Stone Road, are non complying commercial properties that have been recognized in spite of their Residential designation due to the length of time they have existed. Circulation Comments Regional Municipality of Niagara The requested amendments do not appear to affect any Provincial or Regional planning interests. A 3 metre (10 foot) wide road widening is to be dedicated along the westerly frontage of the land. Mature trees should be protected and preserved. These trees should be identified on the landscape plan submitted with the site plan application. Municipal Works, Transportation Services, Building and By -law Services, Fire Services, Legal Services No objections. Further details will be reviewed at the site plan stage. Planning Analysis This application has been analyzed based on the intent of the Official Plan, the municipal planning program for housing and commercial uses and the requested commercial zoning. The proposed development is not supported for the following reasons: 1. The proposal does not conform to the general objectives of the Official Plan. The subject land is designated Residential in the Official Plan. Residential lands are intended to be primarily developed with a variety of residential dwellings. The lands that front onto Thorold Stone Road between Drummond and Dorchester Roads are intended to be developed with low rise apartments at densities up to 75 units per hectare (30.4 units per acre) due to their location on an arterial road and their proximity to commercial districts. Multiple residential units are typically planned close to commercial areas to ensure a population to support the viability of planned commercial areas. These lands are intended to assist the City in meeting housing targets required under Provincial policies. The site has been prezoned for apartment dwellings and has sufficient size to be developed for 12 dwelling units now. The Official Plan would allow additional dwelling units to be considered. Removal of these lands from the inventory of properties for residential redevelopment will reduce the opportunities for the City to meet residential intensification targets in the future. It is difficult to rezone lands for apartments in established areas, the preference is to maintain the lands which are already zoned. June 23, 2008 3 PD- 2008 -56 Commercial development is intended to be directed to commercially designated nodes. The City's Official Plan recognizes two commercial districts in close proximity being the Major Commercial Stamford Retail District (centered on the intersection of Thorold Stone Road and Drummond Road) and a Minor Commercial district (centered on the intersection of Thorold Stone Road and Dorchester Road). The City's planning program is designed to prevent further strip commercial development from occurring between nodes and to protect the residential area between the nodes for intensified forms of residential development. A large scale office development like the one proposed is more appropriately directed to one of these two commercial districts. The two restaurants in the vicinity are anomalies because of their long term historic presence. These individual businesses are outside of any intended commercial area. Although the applicant has proposed an attractive development it could lead to further commercial development where none is planned. 2. There is sufficient commercially designated lands to accommodate this use. The two above noted commercial districts offer opportunities to accommodate commercial uses such as the subject proposal. The Stamford Retail District (in which the Condotta Insurance offices are now located) has a number of residential properties which are appropriate for conversion to commercial use. A new 639 square metre (6900 square foot) commercial office building is being constructed at the corner of Thorold Stone Road and Dorchester Road which could accommodate the proposed use. In addition, the proposed office could be located downtown. 3. The requested zoning is not appropriate. The requested site specific Neighbourhood Commercial (NC) zone would permit a not only an office, but also a bake shop, a bank, a clinic, a library, a personal service shop, a retail store, a service shop, a veterinarian office and second floor dwelling units. A restaurant and an adult store, two other uses typically permitted in an NC zone, are not being requested by the applicant. All the requested uses can be accommodated in the commercial districts to the west and east of the site. The commercial uses represent an intrusion into an area where commercial uses are not contemplated. In the event Council chooses to approve this application it should be limited to the office use with zone regulations as shown on Schedule 2. CONCLUSION: The Official Plan and Zoning By -law amendment application to permit the existing dwelling to be converted and expanded into a commercial use cannot be supported for the following reasons: It does not comply with the intent and purpose of the Official Plan which are to direct commercial growth and provide for an adequate range of residential units to meet the City's long term needs. June 23, 2008 4 PD- 2008 -56 There is sufficient opportunity to locate this use in nearby commercially designated areas. Recommended by: Approved by: Respectfully submitted: A.Bryce:mb Attach. The rezoning would remove lands from the finite inventory of multi family lands. There is a need to retain the subject land of the nearby lands fronting onto Thorold Stone Road for residential intensification. ANL, 1 Alex Herlovitch, Dir ,ctor of Planning Development 4 Ed Du'�vic, Ex e tive Director of Community Services John cDonald, Chief Admini trative Officer S:1PDR120081PD- 2008 -56, AM- 2008- 009,Conversion and Expansion of an Existing Dwelling into a Commercial Use.wpd Subject Land Location: 6586 Thorold Stone Road Applicant: 1108846 Ontario Ltd SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1:NTS AM -2008 -009 K \GIS_ Requests\ 2008\ Schedules \ZoningAM\AM- 09\mapping.map May 2008 5 51w Lart rt aNIA4L' RED T I 12�RC� or 1'o v Schedule 2 t7 (oval t L rya. tS. 124 76 (-S artA N 6 4° 58 w 9 meas.) r 4 co 0 Z Schedule 3 May. 5. 200 2:37PM REGIONAL PLANNING RECEIVED MAY 5 .1 PLANNING DEVELOPMENT Fax To: Andrew From: Sue Mabee Lirtiord t1 r Z201 St Tel: 00 Fox: 005-1M1-82011 A42008-000 Official Plan Amendment Zonirg Byt Amendment appicebons MSS Thorold &toe Road Good afternoon Please find .RegianaI Pianni.n Sue Q P. flt Fax: memory Date: May 6, 2 Pages: mm ed InvJuckig e. tip No. 2 64 P. 1 The Information contalivid in title facsimile menace It legally privlitved and confidential and is tended only for the use of the individual or entity righlOd below. Any other use, dlesemlnaton. 4 utioni dieCioeure or copy of thle faCtIlniiis Is sill* prohibited, if you bovirr000lved ititolnotrtito in *tor, pletane Immoftwy notify U8 by telephone so that we may arrange the return of the or nal tranerniesion. Thank you. May 5, 20Q8 2:37PM REGIONAL PLANNING April 22, 2008 Mr. Andrew Bryce Planner 2 Pterming Development Olty of Niegitra Fits 4310 Queen ,POBox Pas,. ON Dear Mr. AI*Mt1.009 Otflout Plan and goring By.44:w Amendment rt) Permit a Two -;.4 '40tionerdialHlikolki itt The Roo` Z2G1$t hootd 0 nal •Planning staff has: reviewed the information Pan and Zoning 6y4aw Amermet aUcat1ons The: p acid i .Speclal Policy Area '`ici....,i4:: itIa das tgpan subject property barn the ResIent1I Iparten ant Neighbourhood. Commercial (NC) zone. The m used for cornmerClai purpses. The subject propipt• is within the Uthan Area Boundary for the of according to the Regional Policy Plan. The Urban Area policies provide f industrial, commereAti, and reskiential uses. The Regional Poky Plan, Statement, and Greater eolden Horseshoe Growth Plan all C011 poli intensification in the urban bulit area where appr.opriate levels infrastructure eXist. Munica are encounsged to deveIp a d rrdx af land uses and promote eaglOMIO t tevetopment by providing for an appior4ate mix of .f uses to •me twill needs. The currently ontains a residence. The appil.- propois to co flstruct a two storey addtion to the rtWelling tor commercial uses, rtameiy uns. The Imo,. neighbourhood is characterized by a mix of residential, corntnemal, and inalitutimal uses. The proposed commercial us would arpearlo:be o= ,.i .:e with the ...:--d use nature of the neighbOurhood. The proposed Nefghbotjrhood Commercjal zone p s an opportunity to promote the development of a Mixed use ng such as ground 'flor offices and Upper floor residences, for to propetv in the fk.4, 14,42 4T7 F 0.10.4.11.23 tto, 2864 P. 2 May. 5. 2008 2:38PM RE ONAL PLANN Based on our review, the proposed Offkial appear to affect any Provincial or nature of the applications, the Official Plan accordance with the Memorandum of Un REGIONAL PUBLIC WORKS The Regional Public Works department has reviewed the applications (comments ettacheci) The clewtment has requested a 3.0 metre road widening servo the frontage of the westerly half of the piverty, The widening will provide the necessary road allowence needed for future pavement expansion and a boulevard area. Regional COnstruction Encroachment and Entrance permits are required prior to any construction place within the :ROonat road *mance, in this regard, .detaffed dhoti:vs Wid ng site serng, entrance detalis, and a grading plan must be suftitted. The al road allowance must be restored by removing ObSete driveway apronsand curb-opening. The aPPilont is advised that no tees shell be removed frorri any person except by the Iona, tree crew. The storm water flows to the road are kept to pre-devetomerit management Owners of commercial and industrial Nil the Region's Sewer Use aw. Survey evidence is not to be dsunaged or removed during the dove pment of the property. The department requests that any agreements entered Into for the development friclude a clause that requires the owner to *Win a certificate. front an Ontario Land stating all existing and new evidence is in ace at the time of complistim of the de nt. CONCLUSION Sue Mabee Planner Go: Mr. Wllftam Steven 14AMEIW 2 1 PubiIc VVO Plan and Zoning Byisam amendments do not planning Interests. Given the site specific ntiment is exempt from Waal approval in riding with Area Municipalities a Regional "clod iOlowance 'Ms that d *Aired Th N0.2864 P. 3 In conolu n, Regional staff has no ob ms the proposed Official Ran and Zoning Bylaw Amendments provided the requinsments of Regional Public Works are saga:ed. Reese send notice of the City's decision on this applicathm. 'Yours truly, doc May, 5. 2008 2:38PM REO NAL PLAIN DATE: TO: FROM: SUBJECT: May 2, 2008 6 Sue Mabee Planner Planning and Development Department William J. Stevens, C.E.T. Development Approvals Manager Official Plan Amendment and Zoning ty:. ApplitantiOwner: AmtOleo CondOttaill Proposal: To COutitruct a 571 sq m OA* •sq ft residence and to use the entire building for commercial purposes (primarily an Office) Location! Regional Road $7 .(6$86 Thoroid Stone Road) lots City OW A#ib2008-009 Our filet tr 1) Regional Road Allowance Widening Request Based upon Niagara Region Public Works Department technical revEew of referenced application, we provkle the following comments: No, 2864 P. 4 In accordance with the approved Regional Road Allowance Polky (Amendment 2. 2005 to the Offidai Nan fot the Niagara Planning Arta), we would request the applicant dedicate the following road widening gratuitously to the Region: 340 metre road allowance widening across the frontage of the westerly half of the subject rower*, in order to achieve 13.1 metres from the centreline for this road section. The widening is intended to provide the necessary road allowance. needed. for future pavement expansion and boulevard area for an alternative alignment for sidewalks, utility placement, snow.. artdtree plantings. The requested widening is to be conveyed free and clear of any mortgages, liens or other encumbrances. As the widening process can take an average of &weeks, the applicant is encouraged to contact Stephanie Paterson Osortenator Preottelles of our Public Works Department at (905) 6154225, extension 3327, at the earliest opportunity to discuss this matter. May 5, 200 2:38PM REGIONAL PLANNING 2) Regional Permit Requirements Prior to any construction taking plate within a Regional road allowance, ri Construction Encroachment and Entrance Permits must be obtained.. Applicatkms must be made through the Transportation Diviskon's Permits Section of the Public Works Department in this re rd, detailed drawings will be required, indicating the following: Site Servicing (service connection and road cub) Entrance ils (b /#U$) Grading Nan Trees No one, other than the onal tree crew, shall remove a tree from a Regional road allowance. The Regional tree crew will identify any dead or diseased trees for removal. It is the Region's Intent to preserve any healthy trees within the road allowance and may require changes to a proposal in order to preserve the tree(s). Where development proposals require the removal of a tree, the developer is required to replace the tree with two trees at the developers cost 4) Storm Water Runff Although storm drainage is essentially a local issue, the Region requests that pos development flows to the road be kept to pre-development levels by utilizing storm water management We suw. ,,st that an engineering drainegekt grading plan providing grade elevations to address storm water flows, access wades, etc be required. 5) Curb Gut and Boulevard Restoratkm The Regional road allowance must be restored by removing ive aprons and out openings. edging curb cub that are no Longo requlrec removed and repl with a barrier type curbing. Details on provided through the Entrance Permit Issuance process In addition, the boulevard areas that are disturbed must be reinstated with topsoil and nursery sod, as per Regional standards. Protection of Su E'.4den No, 2864 P. 5 Sue Mabee Planner Pain1ngand Development Department Mrsi 2, 24108 Pro 2 of 3 survey Evidence adjacent to the road allowance is not to be damaged or removed during the development of the property. We would request that any agnsernents entered into for this development Include a clause that requires the owner to obtain a certificate from an Ontario Lad Surveyor, stating that all existing and new evidence Is in place at the completion of said development May 2008 2 38PM REGI AL PLANNING Sue Mabee Planner Planning and Deveopment Department May 2, 2008 Page 3 of 3 7) Compliance with Regional Sewer Use Sy-law Please be advised that owners of commercial and industrial buildings are required to comply with the Region's Sewer Use By-kw #394002, as amended. Under Section 6 (1) the installation and maintenance of a suitable manhole at the property line may be required to allow ob sampling and measurement of sewage flows, Under Section 5 (1): (2) the installation of an interceptor may be necessary for the removal of grease, flammable waste, sand or other harmful The owner should discos these matters with Mr. Jason Chown., Laboratory Environmental Enforcement r at extension 3758, to ascertain the exact requirements for this proposal. We: trust that the fOregoing :Reg m amm ional a will be appropriately Incor:orated into any $ite Plan Agreernententered into:by Citywith this applicant. Deus Deve ment Approvals Manage Pubile Works Department Transportation Services Division CV/cm LAENGIKERNO LANNINO V 6n\l`liagare Pal mabeesdoc No, 2864 P. 6 Eric L. Flora, P. Eng., CET, Associate Director, Trans Jim Zeoli, Permits, Municipal. Law Enforcement Office Stephanie Patrson, Coordinator Properties Normans V. Tautins, l3.Sc., Legal Surveys Manager Murray Potts, Supervisor Forestry Road Operations Jason Oat 11,Sc, C.Chem., Laboratory Environmental Enforcem t,* May 27, 2008 Mr. Andrew Bryce Director of Planning and Development, City Hall 4310 Queen St. N.F.O. Mr. Bryce: We received a notice of application for a zoning by -law amendment for 6586 Thorold Stone Road. The council meeting to deal with this subject is slated for June 23 2008. Our property at 6601 Crawford St. is lot 100 according to the schedule that was enclosed with the notice. Lot 100 is on the south boundary of 6586 Thorold Stone Rd. In view of this we have two serious concerns. The first major concern is the lack of privacy. There is no mention of a fence along the southern boundary. A new close board wood fence along the entire southern boundary would have to be includes. Before we could support this application we think a minimum six foot fence would be appropriate. The second major concern is that by changing this by -law it opens up the chance of a restaurant/tavern occupying the property. This type of business may also include an outdoor patio. The problems that can arise from a restaurant with a patio are numerous. Loud music, noise and rowdiness into the early morning hours are just a few. Until these two legitimate concerns are addressed we feel we cannot support this application. If you have any questions please contact us. Thanking you, Gerald and Christine Campigotto 6601 Crawford St. N.F.O. 905 354 -7492 e -mail gcampigottol @cogeco.ca RECEIVED JUN 2 2008 PLANNING DEVELOPMENT Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 June 9, 2008 Re: Dear Director of Planning Development, 44c:3,J RECEIVED JUN 16 2008 PLANNING DEVELOPMENT NOTICE OF APPLICATION PUBLIC MEETING 6586 Thorold Stone Road (Roll 2725- 040 014 -17900 -0000) City File: AM -2008 009 1108846 Ontario Limited (Amedeo Condotta) We have concerns, which need to be addressed in this process prior to agreeing to the rezone: 1. Waste Disposal permanent location. 2. Distance from back property line and first use of land. 3. (a) Fence and (b) barriers back and sides. 4. Neighbourhood Commercial Zoning available options for use of building space. We have solutions to our concerns, which we want amended to the Neighbourhood Commercial Zoning prior to agreeing to the transaction: This letter is a response to rezoning of property 6586 Thorold Stone Road (Roll 2725- 040 -014 -17900 -0000) from Residential Apartment 5A Density (RSA) to Neighbourhood Commercial (NC). 1. Our first concern is the placement of garbage bins, recycle bins and any other waste disposal. Your current drawings do not accommodate the waste disposal. We do not want any waste disposal at the back, or either backside of the property. The placement of the waste disposal area is to be written into the rezoning bylaw, and is to be located at the front or front side of the building. 2. Our second concern is the distance between the back parking spaces and the property line. We do not believe 2.4 metres is enough distance between our property line and the parking. We would like to have 2 parking spaces removed from the back that run east to west, and the 8 back north to south spaces moved up. This would total to 38 parking spaces, understanding your requirement is 37 spaces. o_K 3. Our third concern is fumes and noise from vehicles in the back parking lot. a. Property Lot 99 would like a 2.13 (7 feet) fence. Property Lot 100 would like a 2.13 (7 feet) fence which abuts to their property to be made the length of their property to have a uniform appearance in their entire back yard. b. We insist on mature cedar trees, meaning 1.8 metres (6feet) tall or more, placed along the back and right side. Starting the placement of one at the back right (west) comer of the property, and then one every 3 metres (10 feet) up the side and across the back to the sum of approximately 15 trees total. This will give privacy and cleaner air for our personal use of our back yard. The cedar trees are cleaner for our pool systems, and yard maintenance. 4. Our fourth concern is very important to the health and happiness our neighbourhood. It is critical to agreeing to the rezone this property from Residential Apartment 5A Density (R5A) to Neighbourhood Commercial (NC) zoning that the contract eliminates use of the property buildings, even upon resale, for the following uses: (f) Personal Service Shop anything to do with automobile repair or parts, or any noise bearing commercial business (g) Restaurant any form of food and beverage service to include any drive -thru services (k) Adult Store any form of adult entertainment, massage parlour or adult retail outlets The provisions are to be written into the rezoning bylaw to ensure the resale of this commercial building eliminates any use for the above reasons, (f), (g), and (k). We believe our needs are reasonable and attainable. We will be attending the meeting on June 23, 2008 to ensure they are met. Sincerely, The Residents of Crawford Street NAME 4'x co koe 0, 4, ),A L€ O ADDRESS 660( ro/ sr j 5 ci„1' rev 57, Gc ,b4 A vdP3RD sr June 23, 2008 PD- 2008 -55 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -55 AM- 2008 -010, Zoning By -law Amendment Application 5204 Stanley Avenue Applicant: 1746951 Ontario Inc. (Max Schoemer, President) Agent: Chris Cristelli Proposed Gasoline Bar and Retail (Convenience) Store RECOMMENDATION: That Council approve the Zoning By -law amendment application to add a retail store to the existing Automobile Service Station and Gasoline Service Station, together with site specific provisions for the subject property. BACKGROUND: Niag ara alts CANADA 1746951 Ontario Inc. (Max Schoemer) has requested an amendment to Zoning By -law No. 79 -200 for a 1,340 square metre (0.33 acre) parcel of land known as 5204 Stanley Avenue, as shown on Schedule 1. A gasoline bar and service garage once existed on the property, but the uses have ceased and the gas tanks and pumps have long been removed. The applicant proposes to reopen a gasoline bar on the property and expand the existing building to include a retail (convenience) store. Schedule 2 shows details of the proposed development. The land is zoned Automotive Service Station and Gasoline Bar (AS) which permits a gasoline bar, but not a retail store. The AS zoning is requested to be amended site specifically to permit a retail store, a reduced interior (east) side yard width for the building, a reduced rear (north) yard setback for the canopy, and an increase in lot coverage. Surrounding Uses Lands to the north and south are used for residential purposes; an undeveloped residential property abuts the subject land to the north. A commercial building (formerly a contractor's office) exists on the prope t the east in conjunction with a residential use. A commercial plaza lies to mt. 0 Queen Street, P.O. Box 102 3, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 23, 2008 2 PD- 2008 -55 Circulation Comments Regional Municipality of Niagara The proposed Zoning By -law amendment does not appear to affect any Provincial or Regional planning issues. A 5 metre by 5 metre (16.4 feet by 16.4 feet) daylighting triangle at the southwest corner of the property is required to be dedicated. Adequate entrance radii are to be provided for safe access by fuel trucks. Transportation Services No traffic study is required. Details of truck movements will be determined at the site plan stage. Truck prohibitions exist on McRae Street east of the site. Building and By -law Services, Municipal Works, Parks, Recreation Culture No objections. Further details will be reviewed at the site plan stage. Planning Analysis 1. The proposal complies with the Official Plan. The lands are designated Residential which allows some neighbourhood commercial uses but would not typically allow new gasoline bars. The preferred location for gas bar uses is along arterial roads within commercially designated areas. Stanley Avenue is an arterial road. The existing Automobile Service Station and Gasoline Bar (AS) zone is allowed under the Official Plan policies for non- complying uses. The policies allow existing uses that do not comply with the land use designation to be zoned where the use or a limited range of similar uses and performance standards will not adversely affect surrounding uses. The requested zoning to allow a retail store use is typical of the type of use permitted under neighbourhood commercial policies. The application reflects a current trend where gasoline bars provide convenience goods to their customers in addition to fuel. The City has approved a number of similar developments in recent years, including Sunoco at the corner of McLeod Road and Pin Oak Drive, and Pioneer at the corner of McLeod Road and Drummond Road. The size of the canopy over the gas pump islands will not adversely impact adjacent complying uses. The requested setbacks are to accommodate a canopy to shelter customers and will control possible impacts on adjacent properties. The addition of landscaping and fencing will further mitigate any impacts on surrounding residences. June 23, 2008 3 PD- 2008 -55 2. The requested zoning is appropriate. Site specific provisions have been requested to add to the current Automobile Service Station and Gasoline Bar (AS) zoning of the property a retail store as a permitted use. Site specific provisions will: limit the size of the store to what is proposed (120 square metres or 1,292 square feet); reduce the interior side yard setback, from 10 metres (32.8 feet) to 0.4 metres (1.3 feet) which recognizes the setback of the existing building. As the abutting property to the east is zoned for a contractor's office and storage area, the reduction does not have any negative impacts; increase lot coverage from 5% to 22.5% to permit a canopy over the gas pumps to shelter customers as well as to recognize the existing building and permit a minor expansion thereto. The requested lot coverage is still less than what is allowed on surrounding properties. The current standard reflects a smaller canopy size from a time when full service gas stations where the norm; reduce the canopy setback from the north lot line from 6 metres (19.7 feet) to 4.2 metres (13.8 feet). This is relatively minor and acceptable provided the gas pumps remain at least 6 metres away from the lot line. Required fencing will assist in ensuring the gasoline bar is screened from the lot to the north. The zoning by -law requires a wooden close board fence at least 1.2 metres (3.9 feet) high between commercial and residential zones. The applicant is proposing a wooden fence 1.8 metres (5.9 feet) high between the land and adjacent properties, with a reduction in height close to street lines to ensure visibility at driveways. Through site plan control, a fence of this height will be secured of a design that adequately screens adjacent residences. To further mitigate impacts on surrounding properties and improve the appearance of the site it is recommended the zoning by -law secure the landscaped areas shown on Schedule 2 including a 3 metre (10 foot) wide strip along McRae Street, a 2.4 metre (8 foot) wide strip along Stanley Avenue, except for driveways, and 1.5 metre (5 foot) wide strips along the other two property lines. CONCLUSION: The proposed Zoning By-law amendment to add a retail store to the existing AS zone can be supported for the following reasons: it complies with the Official Plan; the provision of site specific regulations for store size, lot coverage, building setbacks and landscaping, the development is not expected to impact on the surrounding residential properties; and June 23, 2008 Recommended by: Approved by: Respectfully submitted: A. Bryce: mb Attach. Alex Herlovitc 4 development will be subject to a Site Plan Agreement. S:1PDR\2008 \PD- 2008 -55, AM- 2008- 010,Proposed Gas Bar &Retail Store.wpd PD- 2008 -55 Director of Planning Development Ed D ]ovic, xec ve Director of Community Services acDonald, Chief Admini(rative Officer Subject Land LOCATION MAP Amending the Zoning By -law No 79 -200 Location: 5204 Stanley Avenue Applicant: 1746951 Ontario Inc. (Max Schoemer, President) SCHEDULE 1 AM- 2008 -010 June 2008 Tp.v:.. A:.. h- .j; 4.1..1 Z IAA 2 $u► rr4c, •�arsrPfztta�' 17:.4 8, v�nI 1 515 t eN3G .6 '13,6 to:, S N p12o:v.11) s 5'tgectb 1 «s y 6.° a G l g. J t-t HES A ./31,....-.) -"t .11'• It --1 Z N ee o tau. mock, .1 'sty a) 0.9t Is i 4.t5. L l o +er.r�4 7 r�Z49 s V Schedule 2 1 4 °9213a (A- g5,,,. A.n.1�a, k 42° tiw 9:iw+(' I 55• t cuQa L e.) F' 1 l_ar. 2 1 10 0 v%N. ASPt4��.T •1" .x161" r AS?NPS� rr+►5. Sri t .v -t.c?M T 15 .0(1 ..tv1 4c wt ti• UC arc 4.(1 MAY 00-31 r f, ,r,1 14.&.4.1..1412-re-44 'i fs•! f t4 c6 a' De-44r ti �:l! r •1Fdtfi• L t•4 .G Ntor to w r r.4v-*/r i6'1+.1"/ ►�47 t•li t✓a tG H• 1z,S 1 i�ca of -T l -5 .C1 rf 1 f414la T May. 23, 2008 3:59PM REGIONAL PLANNING Niagara Region Fax Transmittal To; Andrew Bryce Planner 2 PUBLIC WORKS Development Services Division 2201 St. David's Road, P.O, Box 1042, Thorold ON L2V 4T7 Tel: 905 -984 -3830 Toll-free: 1-800-263-7215 Fax: 905 -641 -5208 www,reglonal.niagara,on.ca From Sue Mabee Planner Re: Zoning Bylaw Amendment Applloation AM -2008 -010 5204 Stanley Avenue 1746951 Ontario Inc, CC: Sue Urgent For Review 0 Please Comment Please Reply Good afternoon, Please find Regional comments on the above noted application, Have a good weekend! No. 2974 P. 1 Fax: memory Date: May 23, 2008 Pages: 4 Including cover page 0 Phase Recycle CONFIDENTIAL The Information contained in this facsimile message Is legally privileged and confidential and Is tended only for the use of the Individual or entity named below. Any other use, dissemination, distribution, disclosure or copy oft is facsimile Is etriotiy 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. May. 23, 2408 3 :59PM REGIONAL PLANNING No. 2974 P. 2 Niagara Region May 23, 2008 Mr. Andrew Bryce Planner 2 Planning Development City of Niagara Falls 4310 Queen Street, P,Q, Box 1023 Niagara Falls, ON L2E 8X5 Dear Mr. Bryce; Re; AM- 2008 -010 Zoning By -law Amendment Application 1746951 Ontario inc. Proposed Gasoline Station and Convenience Store 5204 Stanley Avenue City of Niagara Palls PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O.8ox 1042 Thorold, ON L2V 4T7 Tel: 905- 984 -3630 Tol I- free :1.800. 263 -7215 Fax: 905-641-5208 www.regtonal.rnlagara.on.ca File: D,10.M.11.23 Regional Development Services Division staff has reviewed the Information circulated for the above noted Zoning By -law Amendment application. The purpose of the amendments Is to add site specific provisions to the existing Automobile Service Station and Gasoline Bar (AS) zone to add a retail convenience store as a permitted use and to reduce yard and canopy setbacks. The amendments will permit the property to be used for a gasoline bar and convenience store development, The subject property Is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan, The Urban Area policies provide for a range of Industrial, commercial, and residential uses, Based on our review, the proposed zoning amendment does not appear to affect any Provincial or Regional planning interests. However, the City should be satisfied that any local Issues are adequately addressed. The property has frontage along Stanley Avenue, which is a Regional Road, In accordance with the approved Regional Road Allowance Policy, a 5 metre by 5 metre daylighting triangle at the corner is requested. The requested widening Is to be conveyed free and clear of any mortgages, liens or other encumbrances, As the widening process can take an average of 8- weeks, the applicant is encouraged to contact Stephanie Paterson, Coordinator Properties of the Public Works Department at (905) 685 -4225, extension 3327, at the earliest opportunity to discuss this matter. The widening request will require that the proposed sign be shifted to the north. A pedestal sign should be considered at the corner to avoid adversely affecting sight lines. Building Community, Building Lives, May. 23. 2008 4100PM REGIONAL PLANNING No. 2974 P. 3 Prior to approving the access onto Stanley Avenue, the following information will be required: Truck turning movements must be verified from Stanley Avenue or McRae Street. Please note that no truck backing is permitted onto the Regional roadway. Entrance radii (not a flare) are to be 15.0 metres (minimum) for trucks. Curb cuts and road cuts are required. All costs associated with curb cuts and road /curb replacement will be at the developer's expense. Due to the reconstruction of Regional Road 102 (Stanley Avenue) in 2004, if any road cuts are required as part of this development, restoration requirements of the recently reconstruction Stanley Avenue will be extensive. Details on replacement will be provided through the Entrance Permit issuance process, Regional Construction Encroachment and Entrance Permits must be obtained prior to any construction taking place within the Regional road allowance. Similarly, any signs will require a Sign Permit. Detailed drawings should be submitted to the Regional Development Services Division, for review and approval, showing service connections, engineering drainage /lot grading plan, grade elevations to address storm water flows, access grades, etc. Post development storm flows must not exceed pre development flows in the direction of Stanley Avenue. Please be advised that owners of commercial and industrial buildings are required to comply with the Region's Sewer Use Bylaw. The installation and maintenance of a suitable manhole at the property line may be required to allow observation, sampling and measurement of sewage flows. In addition, the installation of an interceptor may be necessary for the removal of grease, flammable waste, sand or other harmful ingredients. The owner should discuss these matters with Mr, Jason Oatley, Laboratory Environmental Enforcement Manager, at 905 -4225, extension 3758, to ascertain the exact requirements for this proposal. Survey Evidence adjacent to the road allowance is not to be damaged or removed during the development of the property. 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 the development. There is a Regional 450 mm diameter cast Iron watermaln along this section of Stanley Avenue. There shall be no connection to this watermain and the line should not be disturbed during construction. Any watermain services to the proposed lot(s) shall be to the local watermain. The developer should contact Ron Gibbon, infrastructure Locate Technician, in the Water Wastewater Division, at 905 -685 -4225, extension 3884, to determine the location of the line in order to avoid any conflicts with the proposed development services. May 23. 2008 4:00PM REGIONAL PLANNING No. 2974 P. 4 Prior to any work being undertaken in the proximity of a Regional watermaln or sewer, staff at the Regional Central Maintenance Facility In Welland (905-734-4777) is to be contacted, a minimum of 72 hours before, in order for staff to be available to inspect the works. Additional comments will be provided at time of the Site Plan Application. The foregoing Regional comments should be appropriately incorporated into any Site Plan Agreement entered into between the City and the owner. CONCLUSION In conclusion, Regional staff has no objections to the proposed Zoning Bylaw Amendment provided the above noted Regional requirements are satisfied, Please send notice of the City's decision on this application. Yours truly, Sue Mabee Planner SM\ Cc: Mr. William Stevens, Regional Public Works Z:1MSWORD1SM1NIAOARA FALLS\Zoning Bylaw AmendmentAM 2006 -010 5204 Stanley.doo June 23, 2008 PD- 2008 -61 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Circulation Comments Niagaraa11s CANADA Re: PD- 2008 -61 AM- 2008 -011, Zoning By -law Amendment Application 4354 Drummond Road Portage Road (West Side) Owner: Kargo Properties Inc. Proposed General Commercial Zoning That Council approve the Zoning By -law amendment application to change the zoning of the subject land to the standard General Commercial (GC) zone. Proposal The amendment is requested for land located between Drummond Road and Portage Road, north of William Street, as shown on Schedule 1. The owner proposes to create a lot fronting onto Drummond Road and a lot fronting onto Portage Road for commercial development. Schedule 2 illustrates the configuration of the proposed lots (Parts 1 2). The subject land is currently zoned General Commercial (GC -690) through Zoning By -law No. 79 -200, as amended by Zoning By -law No. 2005 -35. This site specific zoning permits a mixed residential and commercial use on the overall property with special development provisions. The applicant has requested the zoning be changed to the standard General Commercial (GC) zone that previously existed on the land. Surrounding Land Uses There are commercial uses to the north, south and east of the site. An institutional use and residential dwellings exist on the west side of Drummond Road. 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 dat-:• Queen :P.©. Box 102 3, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 23, 2008 2 PD- 2008 -61 Building By -law Services, Fire Services and Municipal Works No objections to the proposal. All requirements will be addressed through. future Site Plan Agreements and the Building Permit process. Transportation Services No objections. Drummond Road and Portage Road abutting the property are undersized with respect to the Official Plan right -of -way widths and future widenings will be requested at the Site Plan Control stage. Regional Niagara Development Services No objection from a Provincial or Regional planning perspective. Planning Review Approval of the amendment is recommended based on the following: 1. The proposal complies with the policies of the Official Plan. The City's Official Plan designates the subject land Major Commercial. This area forms part of the Stamford Retail District where a full range of commercial retail uses are promoted. 2. The requested Zoning By -law amendment is appropriate. The City's Committee of Adjustment granted approval to a related severance application (B- 2008 -008) on April 29, 2008 to create the two separate commercial Tots. A condition of approval for this file is to zone the land to the standard General Commercial (GC) zone category. The rezoning is required because the current zoning requires the whole of the lands to be developed as one lot. The GC zone is the same zoning category as the majority of land in the area and previously existed on the site. The current proposal to create two lots is an acceptable alternative to the earlier approval. CONCLUSION: Approval of the requested amendment would satisfy a condition of the related severance application. The proposal complies with the Official Plan and is supported by staff. Recommended by: Li 34,„ Alex Herlovitch, Approved by: Respectfully submitted: erector of ,Manning Development ujlovic, ecutive Director of Com unity Services (c) e�- MacDonald, Chief Administra ive Officer R.Wilson:gd Attach, S:1PDR120081PD- 2008 -61, AM- 2008 -011, 4354 Drummond Road Portage Road (West Side), Kargo Properties Inc Subject Land o Location: 4354 Drummond Road and Portage Road (West Side) Applicant: Kargo Properties Inc. SCIIEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 N 1:NTS AM-2008-01 1 K: \GIS Requests\ 2008\ Schedules \ZoningAMUM- 11\mapping.map May 2008 "COMMERCIAL" 1 107 62.766 A8 ti 39.971 /y .14.5 P` 4.4.98# ,H pl ,pxetuNa NyP M 0 .1 4 I S "(o PART1 PART 1, PLAN n AREA= =2266.9 sgm.t 55.969 PART 2 AR `F 2211.9 sq.m.t 59R -13204 49 'T rut PLAN "RE DENTIAL" P.L.iN 'J9 LOT 20 j N N I N PLAN I6 I I 1 0 I a LOT 19 -4 0 a kairpa wucuu sue' g0 -o vt t4 PLAN 311 v, LOT 26 39 �p LOT 25 Note: This sketch is NOT a Plan of Survey. SKETCH FOR LAND DIVISION PURPOSES ONLY PART OF STAMFORD TOWNSHIP LOT 90 City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATIHEWS, CAMERON, HEYWOOD KERRY T. HOWE SURVEYING LIMITED 10 20 40 2008 60 METRES 1:750 OROLD STONE ROAD SUBJECT LANDS MORRISON STREET CITY OF NIAGARA FALLS KEY PLAN not to scale METRIC NOTE DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN 8E CONVERTED TO FEET BY DIVIDING BY 0.3048 March 25. 2008 DATE ALLAN J. HEYW 2OD Ontario Land Su eyor MATTHEWS, CAMERON, HEYWOOD KERRY T, HOWE SURVEYING LTD, 5233 S1anler Amu Unit +I, Mogora Falls, Ogtodo L2E 7C2 Phmr(905)358-3693 F66(905)351 -4224 98 Church Slnrf, SI. Catharines. Ontodo 125 3C8 Phone(905)687 -3300 ,.,n.. them Drown S.S. 'Checked A.J.H. ILLN. 37174A IFUe attached 13 yaps 07008.37249137174 4wg137174A.ME 4wg IDC MET 11x17 Mar 25, 904am Suzy Rick Wilson Zoning Bylaw Amendment Application AM -2008 -011 c.: .iic:r....:.e_ n._...,. ...:f: FY•""->....: w �4.... .._S:itRY.B °iLi�1:G i'C. a4Y�Xlb. .NIIIYii�w nMIB{ndNII}::AwY�.'iC Xi}MM1�..tL�1a41•. k�i.'� %.P:y From: "Mabee, Sue" sue .mabee@aregional.niagara.on.ca> To: <rwilson@niagarafalls.ca> Date: 6/4/2008 1:24 PM Subject: Zoning Bylaw Amendment Application AM- 2008 -011 Good morning, Re: Proposed Zoning Bylaw Amendment AM- 2008 -011 Kargo Properties inc. 4354 Drummond Road Portage Road (west side) Regional Development Services Division staff has reviewed the above noted zone application. The proposed amendment would rezone the subject property from a site specific Genera Commercial (GC -690) zone to the standard General Commercial (GC) zone. The property is located within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The amendment is intended to satisfy a condition of approval for a related Consent application (B- 2008 -008), which severed the parcel to create two Tots for future development. Based on our review, the proposal does not appear to affect any Provincial or Regional planning interests. Therefore, Regional staff has no objection from a Provincial or Regional perspective to the Zoning Bylaw Amendment application. The Regional Public Works department has reviewed the application and has no objections to the proposal. However, the department advises that there shall be no connection to the Regional watermain located along Drummond Road. In addition, Portage Road is designated within the Regional Niagara Bicycling Network Plan. If the bicycle route is not currently established, the Region intends to do so when an opportunity arises. This may involve additional pavement width, elimination of off street parking, etc., if required, on this section of road. Please send notice of Council's decision. Sincerely, Sue Mabee, MSc. Pl. Planner Development Services Division Regional Municipality of Niagara Phone: 905 685 -4225 ext. 3386 Fax: 905 -641 -5208 Page 1 of 1 RECEIVED JUN 4 2008 t3 PLANNING EINT Regional Municipality of Niagara Confidentiality Notice: The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. file: /C: \Documents and Settings \rw2961Local Settings\ Temp \XPgrpwise14846979EDomain... 6/5/2008 Juno 9, 2008 CPS- 2008 -06 Members: RECOMMENDATION: BACKGROUND: Niag ara alts CANADA Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Re: CPS 2008 -06 Garner Southwest and Grassy Brook Sanitary Service Areas That the interim funding of the Garner Southwest and Grassy Brook Sanitary Service Areas projects continue from reserve funds until development charge revenues have been received for these projects. Questions Raised by Council on April 28, 2008 Under new business, at the April 28, 2008 Council meeting, questions were raised by Councillors regarding the two development projects located in the Garner south area. The questions focused on staff's use of interim funding, development charge funding and the possible use of debenture funding for the projects. Council directed staff to bring back a report on the facts of the financing of the Garner Southwest and Grassy Brook Sanitary Service Areas projects. History of Reports to Council Staff has prepared a chart of the reports relating to the Garner Southwest and Grassy Brook Sanitary Service Areas projects (attached). These reports show the date, report number, title, recommendation, contract amount and cumulative total for each project. All of the reports state that the funding for the projects would be received through Development Charges. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada 1..2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department June 9, 2008 2 CPS 2008 -06 Explanation of Process for Interim Funding of Capital Projects The decision making authority of the Treasurer for the payment of accounts is found in the Municipal Act under Section 286. This section explains the main duties of the Treasurer. The Treasurer manages the cash flow of the municipality and makes the best possible use of the available sources of cash for the payment of accounts, including capital projects. The Treasurer has the responsibility to report to Council on the financial payments of the Municipality. In addition, the Treasurer provides annual reports on Capital Projects, Reserve Funds, Financial Leases, and Long Term Debentures. Fora general description of the City's cash flows, please see the diagram (attached) entitled Cash Flow. This diagram shows the inflows of cash, the availability 'of cash in the City's bank account or from short term borrowing, and the out flows of cash. It is important to note that the use of short term borrowing only occurs, as needed. Each year the Treasurer brings forward the annual Borrowing By -law. This By -law provides for a source of short term borrowing, from the City's financial institution, if there were insufficient cash for operating expenditures, i.e., if the budget has not been approved or taxes have not been received. The Borrowing By -law authority is found in Section 407 of the Municipal Act. Section 405 of the Municipal Act allows the municipality to borrow in the short term for specific Capital Works. Capital Works, referred to in this section, are large capital projects, whose required funding will be in the form of long term debt. This section requires Regional approval of the required long term debt before approving an S.405 Short Term Borrowing By -law. For example, the Region has approved the $29.5 million in long term debenture funding for the Bob Gale Complex. This project has already expended $4.8 million which the Treasurer has paid by using internal sources of cash. The Treasurer has presented an S.405 Short Term Borrowing By -law for specific capital works, namely the construction of the four -pad arena complex. The By -law will provide sufficient short term borrowing, from the City's financial institution, for this specific capital project. Legality of the Interim Borrowing By -law Council directed staff to prepare a report on the legality of the Interim Borrowing By -law and that the Ministry of Municipal Affairs and Housing be contacted. The City Solicitor is preparing this report (L- 2008 -15). Explanation of the Projects Inclusion in the 2004 Development Charges Background Study The Development Charges Background Study was prepared in 2003/2004. At that time, the Manager of Development was asked to prepare a list of development projects that may be constructed within the subsequent 2004 -2014 ten -year planning period to accommodate growth. Considerable interest had been received from the Grand Niagara Resort developers in the Grassy Brook west area. There was a desire to extend sewers to facilitate their project which included the golf course, hotel and conference centre, timescale and condominium units. The extension of sewers would require a pumping station and other June 9, 2008 3 CPS 2008 -06 related infrastructure. Relying on knowledge of the Northwest Sanitary Sewer Service Area, the cost was estimated at $1.5 million for each of the Garner Southwest and Grassy Brook service areas, for a total of $3 million. We now know these costs have escalated to $15.9 million. When the 2004 Development Charges Study estimates were determined, it was based on the best information available at the time about the Garner South Service Area. The City contracted Philip's Engineering Ltd., in August 2004, to complete a Municipal Class Environmental Assessment and to determine how best to service this area. The consultant advised that the deep sewer construction in tight clay soils would add significant costs. Other issues that were not known previously included impacts from a high water table, having to directionally drill across a water course and the Welland River, and that the Region had implemented a new design criteria for pumping stations. The consultants work (Associated Engineering (Ont.) Ltd. Garner Southwest; Philips Engineering Limited Grassy Brook) addressed significant issues due to the expansion of the sewer services. the Ministry of the Environment's order to Grand Niagara Resort permitting a temporary holding tank, the substandard private sewage system at E.S. Fox, the expansion of Minacs that was limited by the Regional Health Unit the unavailable services for the Montrose Business Park, and a holding zone to be placed on the Heartland Forest Project. Funding Plan for the Projects The reports for the Garner Southwest and Grassy Brook Sanitary Service Areas projects state that the funding would come from Development Charges. These projects have already expended $11.2 million which the Treasurer has paid by using the City's reserve funds, as an interim source of funds. Also, the Treasurer is using Development Charge revenues to payback the interim use of the reserve funds. To -date, $1.1 million has been paid back. No debenturing has been used for these projects. Staff did not become aware of the fact that the Development Charges fund would be insufficient to fund all Development Charge eligible projects upon completion, until the Fall of 2007. At that time, debenturing was considered, as an option, and referenced in the Capital Budget detail sheets for the most expensive projects, as opposed to a number of smaller projects. Explanation for including the Garner Southwest and Grassy Brook Sanitary Service Areas Projects in the 2009 Development Charges Background Study Staff has started the process of gathering the information for the 2009 Development Charges Background Study. Since the two sanitary sewer projects were near completion, and since the areas would be developed in the future, staff requested Cam Watson, Watson and Associates Economists Ltd., to comment on the inclusion of these two projects in the 2009 Background Study. Mr. Watson confirmed that these projects would qualify for inclusion in the 2009 Development Charges Background Study. Mr. Watson stated that the projects would open those areas to future development and thus qualify in determining future Development Charge rates. The future Development Charge rates would also include any interim financing costs while the Development Charge revenues are collected to fund the projects. June 9, 2008 4 CPS 2008 -06 Mr. Watson stressed the importance of explaining the large cost variance between the estimated project cost ($3 million) and the current cost ($15.9 million). The explanation must address the reasons for the increase, particularly in terms of the size, scope, and the benefitting area. Conclusion The Garner Southwest and Grassy Brook Sanitary Service Areas projects were included in the 2004 Development Charges Background Study at an estimated cost of $3 million. Due to significant issues that impacted the servicing of the areas, the actual cost is $15.9 million. The projects are eligible for inclusion in the 2009 Development Charges Background Study. Future Development Charges revenues will be used to pay for these projects. Staff is already reviewing a number of administrative issues based on the concerns raised, including cash flow /management plans for each capital project, a front -end agreement policy and a development charge credit policy. Council also directed the preparation of an inventory of developed and serviced land which is forthcoming. Finally, the Treasurer is responsible for the payment of accounts, managing the cash flows, and the short term use of borrowing. The Treasurer has undertaken these responsibilities in accordance with applicable legislation and past practices. Staff recommends that the interim funding of the Garner Southwest and Grassy Brook Sanitary Service Areas projects continue from Reserve Funds until Development Charge revenues have been received for these projects. The status of completion is as follows: Grassy Brook Project is fully operational and was commissioned on May 14, 2008. Garner South Project (Brown Road) is nearing the completion of the wet well and yard piping and is awaiting installation of pumps, electronics and mechanical system. Commission is expected in July /August 2008. Recommended by: Respectfully submitted: en, Executive Director of Corporate Services MacDonald, Chief Administrative Officer Date to Council Report Amount Description Funding Source October 18, 2004 MW- 2004 -156 $59,960.00 Hiring Associated Engineering to complete Environmental Assessment Development Charges Reserve Fund December 5, 2005 MW- 2005 -145 $0 Environmental Assessment Approval Development Charges Reserve Fund October 16, 2006 MW- 2006 -119 $273,192.00 Consulting Service Agreement with Associated Engineering Development Charges Reserve Fund July 23, 2007 MW- 2007 -85 $35,490.00 Increase to Consulting Service Agreement with Associated Engineering 95% Development Charges 5% Gamer SW Sanitary Sewer Area Account October 15, 2007 MW- 2007 -123 $2,699,690.02 Gibbons Contracting Ltd. Hired Gravity Sewers and Watermains 95% Development Charges, 5% Capital November 26, 2007 MW- 2007 -129 $254,256.00 Associated Engineering engaged to provide inspection services for the construction. 95% Development Charges, 5% Capital November 26, 2007 MW- 2007 -130 $3,679,742.39 Gibbons Contracting Ltd. Hired Pumping Station and Forcemain 95% Development Charges, 5% Capital TOTAL $7,002,330.41 Garner Southwest Sanitary Service Area Chronology of Reports to Council CPS 2008 -06 Date to Council Report Amount Description Funding Source August 16, 2004 MW- 2004 -123 $57,093.00 Environmental Assessment engaging Philip's Engineering Ltd. Development Charges Reserve Fund. August 5, 2005 MW- 2005 -104 $0 Environmental Assessment Approval. Development Charges Reserve Fund. February 6, 2006 MW- 2006 -11 $262,543.00 Consulting Services Agreement Philip's Engineering Ltd. to prepare detailed engineering design. Development Charges Reserve Fund. April 3, 2006 MW- 2006 -38 $1,950,000.00 Amendment to Consulting Services Agreement with Philip's Engineering Ltd. to include geotechnical services. Development Charges Reserve Fund. October 30, 2006 MW- 2006 -133 $195,000.00 Philip's Engineering Ltd. Hired Inspection services for Watermain Sanitary Sewer Construction. Development Charges Reserve Fund. December 11, 2006 MW- 2006 -142 $146,140.00 Earth Tech Hired to provide inspection services for the Pumping Station and Forcemain Project. Development Charges Reserve Fund. January 22, 2007 MW- 2007 -04 $884,610.00 Baiocco Construction for construction of Sanitary Sewer. 95% Development Charges, 5% Capital January 22, 2007 MW- 2007 -05 $2,054,442.50 V. Gibbons Contracting Ltd. for construction of Pump Station and Forcemain. 95% Development Charges, 5% Capital February 5, 2007 MW- 2007 -06 $3,284,480.00 Baiocco Construction for construction of Sanitary Sewer. 66.5% Development Charges, 33.5% Capital April 16, 2007 MW- 2007 -35 $30,000.00 Consulting Fee Amendment Philip's Engineering Ltd., to include design of services not anticipated at design stage. Development Charges Reserve Fund. TOTAL $8,864,308.50 Grassy Brook Sanitary Service Area Chronology of Reports to Council CPS 2008 -06 INFLOWS OF CASH 1. Taxes 2. User Fees 3. Grants 4. Debentures 5. Development Charges 6. Billings CASH FLOW Bank Account Short Term Borrowing CPS 2008 -06 OUTFLOWS OF CASH 1. Payments to Vendors 2. Payments to Authorities 3. Payroll 4. Refunds, Rebates 5. Debt Treasurer 286. (1) A municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality, including, (a) collecting money payable to the municipality and issuing receipts for those payments; (b) depositing all money received on behalf of the municipality in a financial institution designated by the municipality; (c) paying all debts of the municipality and other expenditures authorized by the municipality; (d) maintaining accurate records and accounts of the financial affairs of the municipality; (e) providing the council with such information with respect to the financial affairs of the municipality as it requires or requests; (f) ensuring investments of the municipality are made in compliance with the regulations made under section 418. 2001, c. 25, s. 286 (1). Deputy treasurers The municipality may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this and any other Act. 2001, c. 25, s. 286 (2). Not required to be an employee ,l A treasurer or deputy treasurer is not required to be an employee of the municipality. 2001, c. 25, s. 286 (3). Liability limited al The treasurer or deputy treasurer is not liable for money paid in accordance with the directions of the council of the municipality unless the disposition of the money is expressly provided for under any Act. 2001, c. 25, s. 286 (4). Delegation al The municipality may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes. 2002, c. 17, Sched. A, s. 47. Continuation despite delegation f The treasurer may continue to exercise the delegated powers and duties, despite the delegation. 2002, c. 17, Sched. A, s. 47 Temporary borrowing for works 405. (1) A municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, (a) the municipality is an upper -tier municipality, a lower -tier municipality in a county or a single -tier municipality and it has approved the issue of debentures for the work; (b) the municipality is a lower -tier municipality in a regional municipality and it has approved the work and the upper -tier municipality has approved the issue of debentures for the work; or (c) the municipality has approved the issue of debentures for another municipality or a school board under section 404. 2001, c. 25, s. 405 (1). Use of proceeds al The proceeds obtained under subsection (1) shall be applied to the approved work but the lender is not responsible for ensuring the proceeds are used in this manner. 2001, c. 25, s. 405 (2). Security For the purposes of this section, a municipality that has approved the issue of debentures but not sold them may authorize another municipality or school board to use the debentures as security for temporary borrowing. 2001, c. 25, s. 405 (3). June 9, 2008 L- 2008 -15 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2008 -15 Borrowing for Capital Expenditures Our File No. 2008 -137 RECOMMENDATION: For the information of Council. BACKGROUND: Niag ara alts CANADA On January 22, 2007, Council adopted the recommendation of Report MW- 2007 -04 and approved entering into the contract to construct the Grassy Brook West Area Sanitary Sewer. The Report provided that the source of funding was to be 5% from Capital Reserve and 95% from the Development Charges Reserve Fund. The was a further Report on that day (MW- 2007 -05) recommending a contract be entered into for the construction of the Grassy Brook West Area Pumping Station and Force Main. The Report provided that the source of funding was to be 5% from Capital Reserve and 95% from the Development Charges Reserve Fund. On November 26, 2007, Council adopted the recommendation of Report MW- 2007 -130 and approved entering into the contract to construct the Garner West Pumping Station and Force Main. The Report provided that the funding for this project is broken down 5% from Capital and 95% from Development Charges. There was a further Report on that day, MW -2007 -129, recommending a contract be entered into for construction inspection services for the same project "to be funded in full from the Development Charges Reserve Fund Further details concerning these projects can be found in Report CPS 2008 -06. As the subject projects proceeded, the City received goods and services and was billed for these goods and services. Staff has paid these bills in a timely manner. The funds used to pay these bills are drawn from the City's bank account. From time to time, a situation arises wherein the balance in the bank account is not sufficient to pay the bills that are due on that day. At such times ity draws on a line of credit. 0 Queen 023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services June 9, 2008 2 L- 2008 -15 The line of credit is authorized by By -law No. 2007 -268. By -law No. 2007 -268 is, in turn, authorized by Section 407 of the Municipal Act, 2001 (the "Act That section of the Act reads as follows: 1. 407. (1) At any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amount council considers necessary to meet the current expenditures of the municipality for the year, including amounts required in the year for, (a) sinking and retirement funds; (b) principal and interest due on any debt of the municipality; (c) school purposes; (d) other purposes the municipality is required by law to provide for; and (e) the amount of principal and interest payable by a person or municipality primarily liable for a debt, if the municipality has guaranteed the debt and the debt is in default. 2001, c. 25, s. 407 (1). Limit Except with the approval of the Ontario Municipal Board, the total amount borrowed at any one time plus any outstanding amounts of principal borrowed and accrued interest shall not exceed, (a) from January 1 to September 30 in the year, 50 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year; and (b) from October 1 to December 31 in the year, 25 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year. 2001, c. 25, s. 407 (2). Pending adoption of budget 1.3,E Until the budget is adopted in a year, the limits upon borrowing under subsection (2) shall temporarily be calculated using the estimated revenues of the municipality set out in the budget adopted for the previous year. 2001, c. 25, s. 407 (3). Exclusion In subsections (2) and (3), estimated revenues do not include revenues derivable or derived from, (a) any borrowing, including through any issue of debentures; (b) a surplus, including arrears of taxes, fees or charges; or (c) a transfer from the capital fund, reserve funds or reserves. 2001, c. 25, s. 407 (4). June 9, 2008 3 L- 2008 -15 Lender not responsible (5) The lender is not responsible for establishing the necessity of temporary borrowing under this section or the manner in which the borrowing is used. 2001, c. 25, s. 407 (5). Repealed: 2006, c. 32, Sched. A, s. 175. In the fall of 2007, the Finance Department conducted a review of the Development Charges account. This review was part of a new approach to cash flow management initiated by the Director of Finance. Finance concluded from that review that the Development Charges account did not contain sufficient funds and was not anticipated to receive sufficient funds, to pay for all of the projects approved by Council that were intended to be funded by Development Charges in a timely manner, as accounts fell due. It was resolved that the solution to the problem would be to recommend to Council that the long term financing of the subject projects be debentured. Entries in the draft capital budget were revised to reflect this intention. In the meantime, the projects continued to be financed as described above. Upon initial review of the draft capital budget, Council indicated to Staff that it does not want the subject projects to be debentured. Other means of financing them will be employed, as outlined in Report CPS 2008 -06. The City Solicitor has contacted the Ontario Ministry of Municipal Affairs and Housing, made inquires with other in -house municipal counsel and conducted legal research, and reports as follows. The Issue: On these facts, did Staff have the authority to borrow funds to pay the bills arising from the Grassy Brook West Area Sanitary Sewer and the Garner West Pumping Station and Force Main. Legal Opinion: Leaving aside the question on whether borrowing actually took place, the authority for borrowing funds to pay bills associated with the subject projects is By -law No. 2008 -14. A Section 407 by -law is intended to pay the current expenditures of the municipality for the year. Those expenditures would include capital expenditures. This interpretation is consistent with the stated purposes of the reforms of the law that culminated with the enactment of the Act, which purposes include the simplification of municipal finance and the recognition of greater autonomy for municipalities. It is also supported by Section 8 of the Act which requires that municipal powers be given the broadest possible interpretation. Concern has been expressed that a by -law passed pursuant to Section 405 of the Act would be required on the facts of this situation, however, in the opinion of the City Solicitor, a Section 405 by -law would not be required until Council had made a determination that the subject projects were going to be financed using debentures. June 9, 2008 Section 405 of the Act relates to "temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures As the issuing of debentures was never approved by Council, By -law No. 2007 -268 was sound authority for paying the bills in question if any borrowing was required to do so. Recommended by: Approved by: Respectfully submitted: KB /sm Ken Beaman, City Solicitor 4 L- 2008 -15 K. E. Burden, Executive irec r of Corporate Services Mac o7Id, Chief Administrative Officer Dean Iorfida RE: Budgets From: To: Date: Subject: Attachments: "Sue McDowell" <suemcdowell @fallsviewbia.com> "Dean Iorfida"' <diorfida @niagarafalls.ca> 6/13/2008 10:06 AM RE: Budgets 2008 FVBIA budget to city.xls Hi Dean: The Falisview BIA budget this year will be $1,600,000... please see attached. Sue McDowell Administrator Fallsview BIA VISIT OUR WEBSITE http: /www.falisviewtouristarea.com> Te1:905.358.7137 Ce11:905.348.4880 Fax:905.358.5891 mail to: suemcdowell ©fallsviewbia.com I may be only 1 person, but I can be one person who, makes a difference. (Vadra Croce, age 10) This electronic message transmission contains information that may be proprietary, confidential and/or privileged, some items disclosed in this email may be confidential and not intended for disclosure. The information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, be aware that any disclosure, copying or distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify the sender immediately by replying to the address listed in the 'From" field. From: Dean Iorfida [mailto :diorfida @niagarafalls.ca] Sent: Friday, June 13, 2008 9:30 AM To: Sue McDowell Cc: Anny Felicetti Subject: Budgets Hi Sue: I'm going to need your budgets by Monday. Thanks Dean Page 1 of 2 file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \4852468ADomai... 6/13/2008 Fallsview BIA 2008 Budget marketing advertising 360,000.00 office expenses 5,000.00 conventions meetings 2,500.00 assocation memberships 1,200.00 bank charges 100.00 fireworks 35,000.00 sponsorship (le: WFOL) 25,000.00 insurance 1,700.00 professional fees 30,000.00 salary 24,000.00 miscellaneous 5,000.00 convention centre commitment 1,000,000.00 investment 8,500.00 beautification 30,000.00 display lighting 72,000.00 1,600,000.00 Dean Iorfida RE: Budgets From: To: Date: Subject: Attachments: Hello Dean....the Victoria Centre levy will remain the same this year at $320,000 Thanx have a great weekend. Hi Sue: Thanks Dean "Sue McDowell" <suemcdowell @fallsviewbia.com> "'Dean Iorfida <diorfida @niagarafalls.ca> 6/13/2008 10:13 AM RE: Budgets 2008 VCBIA levy.xls Sue McDowell Executive Director Victoria Centre BIA VISIT OUR WEBSITE d ittp: /www.TopafCliftonHill.com> Tel:905.358.7137 Cell:905.348.4880 Fax:905.358.5891 mail to: suemcdowell@fallsviewbia.com From: Dean Iorfida [mailto :diorfida @niagarafalls.ca] Sent: Friday, June 13, 2008 9:30 AM To: Sue McDowell Cc: Anny Felicetti Subject: Budgets I'm going to need your budgets by Monday. Page 1 of 2 It not the critic who counts but the one who strives valiantly to succeed or airs white daringgreat(y that counts. information that may be proprietary, confidential and/or privileged, some items disclosed in this email may be confidential and not intended for disclosure. The i.nfomiation is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, be aware that any disclosure, copying or distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify the sender immediately by replying to the address Iisted in the "From:" field. file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \48524857Domain... 6/13/2008 Victoria Centre BIA 2008 Levy marketing advertising 110,000.00 office expenses 5,000.00 conventions meetings 2,500.00 assocation memberships 1,000.00 bank charges 100.00 fireworks 10,000.00 sponsorship (ie: WFOL) 20,000.00 loan payments (sidewalk expansion) 10,000.00 professional fees 10,000.00 salary 24,000.00 miscellaneous 27,400.00 convention centre committee 100,000.00 320,000.00 Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Tourist Exemption for Statutory Holidays under the Retail Business Holidays Act for A P Food Store, 3770 Montrose Road and Home Depot, 7190 Morrison Street A P Food Store, 3770 Montrose Road NiagaraFaIls DATE: June 23, 2008 Whether a business can open on a statutory holiday (i.e., Victoria Day, Canada Day, Civic Holiday, Labour Day etc.) is dictated by the Retail Business Holidays Act. Section 3 of the Act exempts pharmacies, "small" stores, liquor stores, art galleries, markets and some others. Failing an articulated exemption under the Act, a business may apply for a tourist exemption. There is a process to apply for a tourist exemption. The exemption is done through the Region Municipality of Niagara (Region) not the City. There is a fee and the Region will hold a statutory public meeting before granting the exemption. The Region asks the lower tier municipality to "sign off" on the application first. To qualify for the tourist exemption, the Regulations of the legislation state that a retail establishment has to be located within 2 km of a tourist attraction and relies on tourists visiting the attraction for business on a holiday. The Region has received two (2) recent applications for tourist exemptions that they wish the lower tier to provide comment on: This supermarket has received a tourist exemption from the Region in 2002 for the following stat holidays: Victoria Day, Canada Day, Labour Day and Thanksgiving. They would like to add additionally be open on the following stat holidays: New Year's Day, Family Day, Good Friday and Easter Sunday. An argument could be made that the A &P, at this location, actually caters more to locals than tourists; however, this Council was supportive of the tourist exemption application in 2002 (see attached), therefore, adding the additional days seems in keeping with the Council of the day's original support. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Home Depot, 7190 Morrison Street The Region has given indication that their Legal Department will not be recommending this application for a tourist exemption. Regional staff feels that this establishment is not likely to cater to tourists. The business, in their application, however, argues that they provide items like water and propane that do cater to the camping and RV tourist market, while other products, such as plumbing, electrical and hardware supplies, may be necessary when the tourist operators have emergency repairs on stat holidays. In addition, this Home Depot could get business from cottagers on Lake Erie, if it is the only hardware store open on statutory holidays. It should be noted that the City of Toronto has talked about doing away with any restrictions on openings on statutory holidays. Clearly, in a community like Niagara Falls, where many businesses are already legally open on stat holidays, there seems to be less of a desire to maintain the former "pause" days. Of course, many in the labour force welcome the day off that stat holidays provide. RECOMMENDATION: For the Consideration of Council. 6,ga Bill 6715 2 Total No.. of 5q I't.. normally used for serving the public: Total.. No of Employees normally serving the public: Tourist attractions are limited to a) natural attractions or outdoor recreational attractions; b) historical attractions; and c) cultural, multi cultural or educational attractions. The two (2) kilometre restriction set out in the Regulations to the Act does not apply to a retail, business establishment located in a local municipality within the Region of Niagara, having a population of less than 50, 000 1.. Is business located within two kilometres of a tourist attraction? If yesi, describe the nature of tourist attraction: Cut+uj{ NI(3' Pelt_ ifitiCQf Guc.k #S --f i dtSL Wet t ..y+e S r'1.Gi '('oY 2. Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday, Fj1 "41Q, MUM •1 S r itorf'a jv2 Ip e( '4.010 fi (S in C1/ QthLrf ti ct' ,ft Ai s a 1/ put Cc�. vt afidi si.vtek XCC S (e5 rt.a. pi/Deka/ NW' 3 Where the application involves a business that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public, or normally has four or more employees serving the public, please outline the goods or services provided primarily to tourists. 40\41,1 CUO1elS 0 (3 (QS t (qjjt PART 11 TOUR1RM CRITERIA 5 r Bill 6 715 T'hls section relates only to applications to grant exemptions on an area basis. 4.. a) In what local municipality is it located? b) Describe subject area (in words): (Please attach a map or sketch) c) How many businesses are included in this application? d) Are all the retail business establishments in the described area within two kilometres of the tourist attraction? e) Does the area exceed that necessary to encompass all of the retail business establishments for which an exemption is sought? If not, explain how it does not f) How many of the businesses axe dirbctly associated with the tourist attraction ox rely an tourists visiting the tourist attraction for business on a holiday? (Regulations to the Act require at least 25% of the businesses) g) If application is submitted by an association, describe briefly the purpose of the association, the area and type of businesses it represents gum= GENERAL 1. Indicate which holidays, and which specific times or specific nuiber of hours you wish to be open •n those holidays: If yes, what time period is sought? Ark ait te. of ov a AtitAb 2 IS request season 1.lp nature, e.g. manner months only. 1 YES NO j 3. What is the justification in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption? 9 L BUJ 6715 4 4. Is request related to a special event? Yes (NOTE: A retail business establishment may be exenipted for up to five holidays a year during which a fair, festival or other special event (but not solely a parade) is being held in that municipality. For what holidays is exemption being Sought? Describe special event, duration and time of year• No `J 5. Indicate how the exemption would, if granted, be for the maintenance or development of tourism and briefly identify other material submitted with this application that supports this conclusion: feu Wu Weis ikids /1\144,6,_ c'. ab k.. ckis 1 Acbii>1.3 64e 1 vto/ y(o r tbrJu: p I eiz (2.ice 6. What justification is there for the opening of the retail business establishment(s) on holidays in light og the principle, stated in the Retail Business Holidays Act, that holidays should be maintained a common pause days? 0 f 1. S S Jr' 1 11- i 0 it A .f S _e tisea6 SY -tvik6: If c. s Dean Iorfida FW: Tourism Exemption Applications From: To: Date: Subject: Attachments: "Gilroy, Pam" pam .giroy @regional.niagara.on.ca> <diorfida@city.niagarafalls. on. ca> 6/6/2008 2:40 PM FW: Tourism Exemption Applications TEA Home Depot.pdf; TEA A &P.pdf Hi Dean Attached are the applications for Home Depot and A P we have your letter in support of Value Village. Our Legal Services are not in support of the Home Depot application. Thanks Pam Pam Gilroy Regional Clerk Regional Municipality of Niagara P.O. Box 1042 2201 St. David's Road Thorold, Ontario L2V 4T7 (905) 685 -1 571, Ext. 3226 Original Message From: Powell, Charlotte Sent: Friday, June 06, 2008 10:21 AM To: Gilroy, Pam Subject: Tourism Exemption Applications Page 1 of 2 Hi Pam, Please see the attached Tourism Exemption Applications for the A&P and the Home Depot. Thank you! eftcatatte Aftudi Records Research Assistant The Regional Clerk's Office The Niagara Region The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is inter (s) named above, and may be legally privileged. If the reader of this message is not the intended recipien send this communication to the sender and permanently delete the original and any copy of it from your file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \48494C70Domai... 6/16/2008 Bill 6 71.5 3 Ibis section relates only to applications to grant exemptions on an area basis. 4. a) In what local municipality is it located? b) Describe subject area (in words) --ca Qv—L.0 Pc Co mat (Please attach a map or sketch) c) How many businesses are included in this application? d) Ara all the retail business establishments in the described area within two kilometres of the tourist attraction? e) Does the area exceed that necessary to encompass all of the retail business establishments fox which an exemption is sought? lieg,. If not, explain how it does not: f) Now many Of the businesses are dir6ctly associated with the tourist attraction or rely on tourists visiting the tourist attraction for business on a holiday? (Regulat' pans to the Act require at least 25% of the businesses) g) If application is submitted by an association, describe briefly the purpose of the association, the area and type of businesses it represents t3t2.III GENERAL Indicate which holidays, and which specific times or specific number of hours you with to be open an those holidays: Df4I Q tb 4s PtsG.tt14wC1 t.►. ewe. A r t A t L. 3>_ hl�t�3 L� ,,.�Q 2 Is request seasonal in peture, e g summer months only? YES NO If yes, what time period is sought 3. What is the justification in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption? 1 1 I 7 Bi116715 w 4 Is request related to a special event? yes No (li[tTR: A retail business establishment may be exaripted for up to five holidays a year during which a fair, festival or other special event (but not solely a parade) is being held in that municipality For what holidays is exemption being sought? Describe special event, duration and time of year Sl_ aS 4- t4-s _LisPc-e-FASE.b. 5 Indicate how the exemption would, if granted, be for the maintenance or development of tourism and briefly identify other material submitted with this application that supports this conclusion: '1t4 Aksl TrAg .'R -s ..&G- s m R.h tea,► t2 �l t� A 't) N 2ty A- b taiLLE41,141 6 what justification is there for the opening of the retail business establishment(s) on holidays in light of the principle, stated in the Retail Business holidays Act, that holidays should be maintained as common pause days? jsr 0J e Z'f uJe-* A- to,krst Bill 6715 ..2- Total No of sq Et normally used fox serving the public: Total No of Employees normally serving the public: ..„tagL, Tourist attractions are limited to: a) natural attractions or outdoor recreational attractions; b) historical attractions; and c) cultural, multi- cultural or ed .rational attractions The two (2) kilometre restriction set out in the Regulations to the Act does not apply to a retail business establishment located in a local municipality within the Region of Niagara, having a population of leas than S0, ODO I Is business located within two kilometres of a tourist attraction? If yes, describe the nature of tourist attraction: L tz PS. +.3 CAD tkit►ve i c A et-A DFAIP .oc +"To 5�-e el" r3o -t► Tt L hive t�fr 4� i�►Cs, k .LS A c g ANN 10 "NWE j�A'S tt t C,LA- t3 i f -V E. Qe,t W i}IC,,4#_35 QGNt'Z. A. —IO .IS't" f ineZ. bo 2. Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday 3 Where' the application involves a business that on days other than holidays normally uses a total area of 2,400 square feet or more for sex the public, or normally has roux or more employees serving the public, please outline the goods or services provided primarily to tourists :C scA o4), --6ELi Pcr.c T s CLocak0 444 R.c. ?ART II TOURISM CRITERIA Clerk's Department lnterMDepartmental Memorandum From: Dean Iorfida City Clerk Ext. 4271 Far your information: The City of Niagara Falls Canad� To: Mayor Wayne Thomson Date: March 18, 2002 Members of Council Subject: Request from the Great Atlantic Pacific Company of Canada Ltd. (A&P) for a Statutory Holiday Exemption The jurisdiction for granting an exemption to statutory holiday closing rests with the Region, not the municipality The Region has a bylaw that provides a City wide exemption for businesses which are less that 2400 square feet in retail space A business greater than 2400 square feet must apply to the Region for an exemption.. The Region will have apublic meeting regarding the application and the applicant must demonstrate that they meet the Tourism exemption criteria of the Retail Business Holiday Act. The A&P are seeking the local Council's support as part of their application to the Region. Working Toget ier to Serve our Co munity PLANNING E -8- Communication No. 23a) The Great Atlantic Pacific Company of Canada Limited ,Re: Municipal Exemption. The communication requests a municipal exemption from the retail Business Holidays Act, allowing the A &P Food Store at 3770 Montrose Road to remain open on Statutory Holiday between the hours of 9:00 a.m and 6:00 p.m. except for Christmas Day, New Year's Day, Good Friday and Easter Sunday or a deemed acceptable under the Holiday Closing Provision of the Act. AND Communication No. 23b) Inter- Departmental Memorandum from the City Clerk. The communication provides clarification on the matter dealing with the request for a Statutory Holiday Exemption. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the request be supported. Carried Unanimously. Communication No. 24 -City of Kingston Re: Allocation of Provincial gasoline taxes to municipalities. The communication requests that Council endorse a resolution requesting the Ontario government undertake a full review of other provincial revenue sources, in consultation with municipalities to determine which of these revenue sources should be given in total or in part to municipalities in recognition of the added financial responsibilities municipalities now have as a result of downloading. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the request be endorsed. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the following actions taken at Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the February 4, 2002 Corporate Services Committee Minutes; 2. Report F- 2002 -19 Park Plaza Property Tax Arrears that the report be received for information; 3. Report F- 2002 -20 Municipal Accounts that the Municipal Accounts totalling $5,384,732.87 for the period ending March 18 2002 be approved; 4. Report MW- 2002 -26 Municipal Parking Traffic Committee Review of Monthly Parking Rates from the February 19, 2002 Meeting that the report be deferred; 5. Report MW-2002-27 Municipal Parking Traffic Committee 2002, Budget Recommendations from the February 19, 2002 Meeting that the report be deferred; 6. Report MW- 2002 -12 Victoria/Centre BiA Request to Widen the Sidewalk on Victoria Avenue between Walnut Street and Centre Street the report recommends the following: 1) that the parking meters located on the northwest side of Victoria Avenue between Walnut Street and Centre Street be removed; 2) that the sidewalk located on the northwest side of Victoria Avenue between Walnut Street and Centre Street, be widened, at a cost of approximately $60,000.00; Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: 6335 Crawford Street RECOMMENDATION: For the consideration of Council. Niagaralalls DATE: June 23, 2008 On September 10, 2000, the City Council of the day dealt with a zoning amendment application to legalize employee parking at the location noted above. Council agreed with the staff recommendation to deny the application. In addition to denying the application, Council passed a motion that the parking area be returned to green space. Earlier this month, staff received a letter from Martin, Sheppard Fraser LLP requesting a deputation at a future Community Services Committee meeting to have Council consider rescinding the request to return the space to green space. Staff feels that procedurally Council has to determine whether they even want to entertain a reconsideration motion. Therefore, if Council wants to allow the Legal representative to speak at the July 7th Community Services Committee meeting, they should pass a motion to reconsider. Please note, passing the reconsideration motion does not mean that Council will necessarily be agreeable to a motion to rescind their previous direction. It merely means that they are willing to listen to what is being proposed by the lawyer on July 7th Please note, if Council agrees to reconsider and allow the July 7 deputation, staff is of the opinion that, although the matter is not the subject of an application under the Planning Act, the nearby residents should be notified. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development 09 -09 -08 J. Randal Boyce Raymond L. Steele Gary H. Enskat Jennifer L. Jones Nil A. Vasa Rebecca E. Pets Andrew J. Larmend f etirei r A_ F. Sheppard, Q.C" F, A. Fraser` June 9, 2008 04:45pm From MARTIN SHEPPARD FRASER LLP 905 354 1042 Dear Mr. lorfida: James A Sissons William R. King Wendy L. MacPherson Denise M. Elliott Michael E. Skiba FayAnn Gullbeault Bryan O'Connor -Hutt F. J. Matthews, Q.C' City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: SUNSTRUM, Dennis 6335 Crawford Street Our File No: 271959 Yours very truly, MARTIN SHEPPARD FRASER LLP Per: We are writing to you further to your telephone discussion with the writer of June 4, 2008 and we confirm that we are solicitors for Mr. Dennis Sunstrum. This is to request that a matter be put on the agenda for the City Community Services Committee meeting scheduled for Monday July 8, 2008 in connection with the above noted property. As set out in a letter from Mr. Ed Dujlovic of your office to Mr. John Broderick of Broderick Partners LLP, dated September 25, 2007, the purpose of our attending the meeting will be to request that Council's directive from its meeting of September 11, 2000 be rescinded in connection with the paved area located at the above noted property. Please confirm that this matter can be dealt with on this date. If you require anything further from us at this time please contact the writer. Also, we ask whether it would be possible for us to obtain a copy of the minutes from the September 11, 2000 Committee meeting. Thank you for your assistance herein. Rebecca E. Peters peters a©martifshep.cam REP: Copy to: Mr. Dennis Sunstrum AVA MARTIN SHEPPARD FRASER ER LLF vvv MISTERS ERS &SOLICITORS We also have Offices at: 437 Mississauga Street, P.O. Box 900, Niagara-on-the-Lake ON Canada LOS 1J0 T -495 P.0021002 F -415 PLEASE REPLY TO: Niagara Falls Office Downtown Professional Building 4701 St. Clair Avenue, 2 Floor P.O. Box 900, Niagara Falls, Ontario Canada L2E 6V7 Tel, 905.354.1611 Fax 905,354.5540 Toll Free: 1,800,263.2502 www.marinstiep_OOm 3 2000 -178 A by -law to authorize the execution of an agreement with the Ontario Lottery and Gaming Corporation with respect to a reciprocal agreement. The motion Carried, with Aldermen Feren and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. Following the presentation and the passing of the by -laws, members of the media and the public met with the City's Negotiating team for question period. Following the discussion, it was ORDERED on the' motion of Alderman Janvary- Pool, seconded by Alderman loannoni, that a letter of appreciation be forwarded to the City's Negotiating team and further, that all those individuals who worked on the referendum issue also be acknowledged. Carried Unanimously. i i T t 1 III 11 11 PLANNING MATTERS PD- 2000 -92 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 20/2000, Dennis Sunstrum Virginia Sunstrum; 6335 Crawford Street; Commercial Parking Lot/Town and Country Florist. The report recommends the following: 1. That Council deny the Zoning By -law Amendment Application to legalize the employee parking lot which was constructed without approval on the property known as 6335 Crawford Street; 2. That Council encourage the applicant to explore other employee parking options in one of the nearby commercial areas to lessen the impact on the surrounding neighbourhood. AND Communication No. 177 Albert Peggy Tout, 6259 Crawford St. The communication advises as being in favour of the application. Communication No. 178 Ada Aceti, 4064 Longhurst Ave. The communication advises as being in favour of the application. Communication No. 179 Ms. Nellie Richard. The communication advises as being in support of the application. Communication No. 180 Mr. Fred Copfter, 6334 Crawford Street. The communication advises as being in support of the application. Communication No. 181 Ua Nteuwesteeg, 6303 Crawford Street. The communication advises as being in support of the application. Communication No. 182 Mr. AI Bray, 6266 Stamford Green Drive. The communication advises as being in favour of the application. Communication No. 183 Eileen Rossi, 3079 Basswood Crescent. The communication advises that the lot is a benefit to the neighbours, customers, employees and everyone concerned. Communication No. 184 Mr. Steve Brandes, 6358 Crawford Street. The communication advises as being in support of the proposed application. 4 Communication No. 185 Sunstrum's Town Country florist Ltd. The communication• provides an update on a meeting held with invited residents on June 21, 2000. Communication No. 186 Mr. John E. Howe, Accountant. The communication advises that the floral shop owner should receive what ever benefits are available to him. Communication No. 187 Stamford Centre Volunteer Firemen's Association. The communication advises as being in support of the application. Communication Nos. 188 through Nos. 241 Form letters advising as being in opposition to the application. Communication No. 242 Donna Harrison and Wayne Smith, 6338 Sheldon Street. The communication advises as objecting to the proposed zoning amendment. Communication No. 243 Marge Dempsey, 6357 Crawford Street The communication expresses objections to the parking lot. Communication No. 244 Gladys Plato, 4063 Longhurst Street. The communication advises as being opposed to the application. Communication No. 245 Lorna M. Anstruther, 4075 James Avenue. The communication advises as being totally opposed to application. Communication No 246 Joyce Harold Watson, 4143 Longhurst Avenue. The communication advises as being in opposition to the amendment. Communication No. 247 Karen Moody, 3280 Addison Avenue. The communication suggests that the commercial institution has outgrown its locations and should move to a more appropriate neighborhood. Communication No. 248 Mrs. Kathleen Tiptin, 4176 Longhurst Avenue. The communication advises as strongly objecting to the current usage of the subject property. Communication No. 249 Petition for the Maintenance of Residential Status and Removal of the Parking Lot on Longhurst Street, headed by Marge Dempsey. Communication No. 250 Garry and Donna Holland, 4046 Longhurst Avenue. The communication advises as objecting to the parking lot illegally built on Longhurst Avenue. Communication No. 251a) Regional Niagara, Planning and Development Department and the No. 251b) Regional Public Works Department. The communications advise as having no objections to the, approval of this application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on August 11, 2000. His Worship Mayor Thomson received indication that Mr. John Broderick, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. 1 1 11 1 11 if Xi 1 1 5 His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; and the Public Notification Process; he advised that the Town and Country Florist shop was a legal non conforming and non complying use; stated that the design of the parking lot was creating unsafe conditions and was not compatible with the surrounding neighbourhood; he stated that the florist business has outgrown its current location and the applicant should consider relocating to an area zoned for commercial use and provides the necessary parking spaces required; and advised that staff were recommending denial of the application. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Fred Copfer, 6334 Crawford Street, supported the application and indicated the new parking lot was very neat and tidy and that It was a good addition to a busy street. Ms. Marge Dempsey, 6357 Crawford Street, expressed opposition to the illegal parking lot created on Longhurst Street; and addressed the following concerns, through the use of slides: the safety hazards to pedestrians and vehicular traffic due to cars entering and exiting the parking lot and having Inappropriate parking; the installation of a light standard which shines onto neighbouring properties; the parking and idling of large commercial trucks in the area causing noise and air pollution and requested that Council deny the application. Ms. Lorna Anstnrther, 4075 St. James Avenue, expressed opposition to the illegal parking lot and the proposed change in zoning; she stated that the parking lot was an eyesore in a residential neighbourhood and was being used in an unsafe manner and requested that Council reject the application. Mr. Sandy McKay, 4143 St. James Avenue, expressed the opinion that with vehicles crossing back and forth from the parking lot would result in broken sidewalks and taxpayers would have to pay for the repairs. Mr. John Broderick, Solicitor responded to questions raised with respect to the parking issue and commented that the flowershop was a legal non- conforming use, that this was a specific proposal In order to solve a parking issue; and advised that the applicant would be willing to reconfigure the parking lot In compliance with the City's requirements. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 20/2000, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted and further that the parking area be retumed to a green space. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that Council be provided with a report outlining all steps taken by staff to stop the unlawful use of the parking lot at 6335 Crawford Street. Carried Unanimously. 11 11 ilfl II lilt' 1 1 Dean Iorfida RE: July 7 meeting From: To: Date: Subject: CC: Attachments: Ms. Peters: Attached is some background on reconsiderations. Thanks Dean Original Message From: Dean Iorfida mailto:diorfida ®niagarafalls.ca] Sent: Wednesday, June 11, 2008 2:26 PM To: Becky E. Peters Cc: Alex Herlovitch; Ed Dujlovic; John MacDonald Subject: Re: July 7 meeting Dean Iorfida Becky E. Peters 6/12/2008 5:14 PM RE: July 7 meeting Alex Herlovitch; Ed Dujlovic; Ken Mech reconsiderations. pdf Call me on Friday if you have any questions. Ms. Peters: Page 1 of 2 Yes, I understood that your intent was to ask Council to specifically rescind the motion of 2000 that the parking space be returned to green space and not any broader Planning issues. Correct? Having thought about your request in more detail, I think procedurally what needs to be done by Council is a determination of whether they even want to entertain a reconsideration motion, which is technically slightly different then rescinding their previous motion. What the practice has been in the past is for the applicant/requester to submit something in writing outlining the rationale as to why the matter should be reconsidered. If Council is interested then the deputation would be scheduled in the future. In most reconsideration cases, there are Planning notification requirements to adhere to, which are not necessary here. Therefore, I think it would be prudent for you to send me some rationale as to why Council should reconsider. I will attach it to your original letter to me. I can list it for the June 23rd meeting and if Council passes the reconsideration motion, then the matter will go ahead on July 7th at Community Services Committee, as requested. "Becky E. Peters" peters @martinshep.com> 6/12/2008 1:29 PM Thank you again for providing us with this information. I just wanted to note and confirm that our focus of the meeting and purpose here is to ask for the directive to be rescinded in connection with the return of of the City's property to greenspace. Thank you Becky Peters file: /C:\Documents and Settings \di202\Local Settings\ Temp \XPgrpwise \48515963Domain... 6/16/2008 June 23, 2008 CD- 2008 -09 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2008 -09 Prey Niagara Night Club 5890 Main Street RECOMMENDATION: Niag ara alts CANADA That Council pass the resolution opposing the issuance of a liquor licence at 5890 Main Street; and That Council direct staff to participate at any future liquor licence hearings or conference calls pertaining to the above noted application. BACKGROUND: A liquor licence application has been applied for at 5890 Main Street, a former bank that has had two recent incarnations as a licensed establishment (Luna and Roulette). As part of the application process, a notice is advertised in the local newspaper (see attached). The deadline for comments is June 28, 2008. It is only under rare circumstances that the municipality has opposed the issuance of liquor licences but it has occurred. In the last dozen or so years, the municipality went on record against licences at the Seneca Night Club (possible all ages' nights), the Barely Legal (opening of an outdoor patio) and the Cell Block (past violations). Although the past two licensed establishments at this location operated without incident, municipal staff have some concerns about what is being proposed for Prey Niagara Nightclub. What is known as of the date of writing of this report is as follows: A website advertising Prey Nightclub (see attached) raises some alarms as to the type of establishment being proposed. The website refers to "a decadent taste of what is to come." Among the club features, is an ultra private room "where anything goes 43 90 Queen Street, P0, Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Clearly, the club is be" rketed to the "lowest common denominator The architect a n; pplicant has indicated to the Chief Building Official that the Working Together to Serve Our Community Corporate Services Department Clerks June 23, 2008 2 CD_2008 -09 intended occupancy is 450 persons. Past approvals limited occupancy to 233 persons. The Chief Building Official is of the opinion that this building cannot accommodate 450 persons for its intended use. Although it is not entirely clear who will be operating the establishment and their ability to conduct themselves in a lawful manner, to date, the operators have had little contact with the City. The various permits required from the municipality have not been applied for: a change of use permit, building permit, business licence and patio licence agreement with the City. The outdoor patio is especially a concern as noted in this writer's letter to the contact person on the liquor licence application (see attached). Other stakeholders such as the Niagara Regional Police, Main Ferry B.I.A. and the Board of Museums have expressed concerns that the proposed establishment is not compatible with the area and will have detrimental effects on revitalization efforts. The Police have expressed concern about the public safety aspects of imposing the traffic impact of an additional night club on the intersection of Main Street and Ferry Street and with the strain upon the resources of the services that would result from locating a night club in this area of the City. Staff has encouraged these other stakeholders to send in their comments by the June 28 deadline. The Club's literature describing the location as "situated in our vision of a new red light district" is certainly not in keeping with the municipality's efforts to revitalize the area as per the Historic Drummondville Community Improvement Plan (C.I.P.). CONCLUSION: The City must comment on or before June 28, 2008 and, therefore, must respond based upon the information available at this time. As outlined above and detailed in the Club's literature, it appears that this application is not in the public interest. A recommended resolution has been prepared indicating Niagara Falls City Council's opposition to the issuance of a liquor licence at 5890 Main Street. By approving the resolution, Council is also consenting to City staff participating in any conference calls, public meetings or hearings related to the application. Recommended by: Approved by: Respectfully submitted: Dean Iorfida 'City Clerk trat.06./ of Corporate Services L t 1 l< The foll'owrng,establishment has applied to. the Alcohol .a'ti4 Gaming Commission of Ontario, for a liquor licence 4` i :under tlie Liquor Licence Ad Applic4tioii for,n Sales Licence r fROULETT,E" .i If 1 1 •(To.be •known as:• PREY NIGHTCLUB): 5890 MtIN •STIEET 3 NIAGARATAL°L$ (Indoor and outdoor area) i kny resident 06110 municipality may iriake a'wntten s -subir issiOn. as -to whether the issuance of.the'licence is d' ,i ti. public• interest regaid'to the. needs and wi .the,restdents, .Submissions must be received no. later than. June 2$,.2008.. Please:include your -name adiiess .ana telephone number. If petition .rs. •submitted to i the Commissian,`please identify the desigikated contact person.; Note:: The AGGO gWes the a pplicarit.•copies Of' •any Anonymous •objections. are not 'considered: i :Notice -of Liquor Licence r r Application The personahnfortnatibn •.gathered under• the authontyiof the Liquor Licence Act The principal,. purpose of.the collection. is to- assess eligibility :for the issuance Of a•llc'uor safes licence. Copies of all objections are given to the applicant The,inforinstion,m y also belisclosed ppursuant tb the Freedoin of Information. and Protection of Prfvacy,Act Questions -about this •collection" should be directed to the Manager Licensing and ;Registration; Aleohbl' aril Gaining. Gomrin scion; of Ontario at th'e address, .telephone'Aiimbers or a -mail address listed i j Submission's =to'be sent to: Licensing and'Registratioxi, Alcohol and Gaining Commission•of Ontario,. 4. 90 Sheppard Avenue East, Suite 200, •Toronto, ON: M2N0A4: Ted: 416- 326 -8700 60 Toll -free in c Ontario: 1 8Q0i 522 2876. Fax: 416 326x555. licensing'C agco.on.ca $3a6ji381 PREY NIAGARA NIGHT CLUB Page 1 of 1 PREY NIAGARA NIGHT CLUB A hybrid super club created by Jesse Chiavaroli (On 81, Feast Social Management) and Steve Tokos (Cowboys, Wild Ginger, Skybar, 0 bar) that currently defies not just its location, but what anyone thought of conventional nightlife. The three level surreal venue (with a wrap around street side patio) will house not just the world's best dj's and live bands, it will also act as a haven for over five hundred of Ontario's clubbing elite. Situated in our vision of a new red light district, Prey will be the first of 5 10 nightclub, restaurant, pub and boutique hotel projects over the next five years. Prey however on its own, stands as a decadent taste of what is to come. The venue details are at best described as complex, with each floor having its own specific feel and in most cases, its own exclusivity. Prey was built around a vision of three key ideas; modern, contemporary, and glamorous. We will be premiering the club in Early July with Opening dates to follow this week but we ensure you that there is no duplication for our absolute attempt and pure, proper nightlife. Listed our the features that will be available in PREY: 1. The Waterfall 03 booth: A massive 40ft x 20ft running waterfall is housed inside Prey. Situated in the centre is a 03 booth like no other. Covered in colour, style and pure running water, the booth is engaging as it is beautiful. 2. The Deluxe Sushi Lounge: Enjoy the most trendy and delicious sushi in our underground lounge. A full sushi bar serving the best the city has to offer is nestled in the bottom floor of the venue. With its own feel, look and incredible decor, its a break from the massive club above. All V.I.P. lounges have waited service of this feature. 3. Entertainment: International DJ's are already booked and ready to perform at Prey. Damion Lazarus, M.A.N.D.Y., Lee Burridge and so many more will be available each week. Look for our Resident list to include Nathan Barato, Carlo Lio, Sydney Blu, Jonny White, Christina Cruise, 3edi, Ten, Vinyle Junkies and Freaky T. 4. The Street side Patio Currently under construction, the street side and rear patios will offer space to accommodate over 150 people and have unforgettable hookah pipes for all our guests. A patio bar and bottle service are also part of the package. 5. The Antique V.I.P and Treasury vault A 16 seat v.i.p. suite is located and raised right beside the dance floor. Not your typical area, this section allows your group not just service but your own personal bartender and bar. Connected is the old vault that has been converted into an ultra private room where anything goes. Yours to indulge. 6. The Artifacts: Over 30 individual historical relics have been collected from almost every religion in the world and date back almost 6000 years. Authentic and captivating, they are incased in the walls, tables, bars and pillars inside the bar. 7. The Mezzanine: Wrapping the dance floor is an ultra exclusive third level. Extremely plush and sexy, the bottle service laden level housed a private bar, 6 booths and general seating. 8. Parking: We currently have procured a main lot four buildings down (beside the Serbian community hall) that can house 40 -50 cars. Also that is a main access point to the market square, also housing hundreds of cars. Street side parking and V.I.P. valet service ensure our best clients have no hassle at Prey. Currently www.preyniagara.com is ready to launch and captivate. Look this week for our official website and mailing list. 5890 Main St itagara_ralls, Canada (Corner of Main Ferry) 289 821 0583 infoOpreyniagara.com Niagara Falls Cheap Hotel Guarantees the very best rates available! All your vacation needs into a single reservation, saving you money! PREY NIAGARA NIGHT CLUB All web site content is subject to copyright 2008 All rights reserved www.preyniagara.com Ch.4 k ite W s te.._i .g. ig n&1.ekme.at .E.. gjn _Exp t CS Q. 1 Well nk it ..r. sn. The Fire Locker .com Firefighting, Rescue, HazMat, first responders, Western New York Best products firefighting rescue industry Update Your Websitel We professionally build your website and you do the edits. Save time money. 24/7 access to your site content Logical Control lutions Automating an entire plant or just looking to make a machine run more efficiently or more precisely.... http: /preyniagara.com/ 6/17/2008 Mr. Bob Plouffe Prey Nightclub 5890 Main Street Niagara Falls ON L2G 5Z8 Dear Mr. Plouffe: Re: Prey Nightclub 5890 Main Street May 15, 2008 Please find the signed the Municipal Information forms required by the Alcohol Gaming Commission (AGCO) for the establishments noted above. As the City Clerk, my function is to merely indicate whether the municipality is "wet, damp or dry Niagara Falls does not restrict areas in which a liquor licence can be issued, therefore, the entire city is classified as wet. Notwithstanding this Clerk's endorsement, you will still be required to abide by other AGCO requirements (building, fire etc.). It is my understanding that you have begun the process to apply for a municipal business licence. I have some concerns about your indication that there will be outdoor areas of your establishment that will serve alcohol. Being very familiar with the property in question, I find it difficult to envision where any outdoor patio could be accommodated. If your outdoor patio is on municipal property, and I see no way in which it could not be, you will have to make an application to our Planning Department. Once again, please find enclosed the signed forms. If you have any questions, please do not hesitate to contact me. Sincerely, .4 oe Agikeei Dean Iorfida City Clerk c. John Castrilli, Director of Building By -law Services Anamika Dilwaria, Planner 2 Lydia Picca, Vital Statistics and Licensing Clerk Corporate Services Department Clerks Ext 4271 Fax 905 -356 -9083 diorfida @niagarafalls.ca The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in accordance with the provisions of the Liquor Licence Act, R.S.O. 1990, c. L. 19(the "Act an application to the Alcohol and Gaming Commission of Ontario (AGCO) for a licence to sell liquor at the premises known as 5890 Main Street has been applied for; and WHEREAS the proposed licensed establishment at 5890 Main Street is to be known as Prey Night Club; and WHEREAS in response to a public notice of application, s. 7(3) of the Act requests written submissions as to whether the issuance of the licence is in the public interest having regard to the needs and wishes of the residents; and WHEREAS Prey Night Club is being marketed as an establishment that would likely not be in compliance with the law; and WHEREAS Prey Night Club is being marketed as an establishment that would likely not be in keeping with recent municipal revitalization efforts through the Historic Drummondville Community Improvement Plan; and WHEREAS the proposed occupancy of Prey Night Club would pose a risk to public safety and place a strain on Police resources. THEREFORE BE IT RESOLVED that the issuance of a liquor licence at 5890 Main Street (Prey Night Club) is not in the public interest having regard to the needs and wishes of the residents of Niagara Falls. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR June 23, 2008 F- 2008 -25 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: Respectfully submitted: Niag ara alts CANADA Re: F- 2008 -25 Vaughan Municard Report RECOMMENDATION: For the information of the Corporate Services Committee BACKGROUND: The Finance Division has been monitoring the implementation of the Municard in other municipalities. The Municard is a credit card available to residents of a municipality. The card program is administered by Civic Strategies and offers card holders a variety of benefits including earning cash rewards which can be applied against the card holder's municipal tax account. As Committee will recall, the City of Vaughan had initiated the Municard for the residents in Vaughan during the fall of 2007. Vaughan is the first and only municipality to provide this service to its residents. The City of Oshawa had planned implementation of its program in 2008. However; the implementation has been postponed until 2009. As the present time, Civic Strategies has indicated that the earliest new municipalities could start would be 2009. Staff will continue to monitor the implementation in Vaughan and Oshawa and will report to Council this fall on opportunities for ttye City Niagara Falls. Todd Hafrison, Dir ctor of Financial Services K Burden, Executive Director of Corporate Services Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www niagarafalls.ca MacDonald, Chief Administrative Office Working Together to Serve Our Community Corporate Services Department Finance June 23, 2008 MW- 2008 -36 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -36 Contract 2008 -03 2008 Asphalt Overlay Phase #1 City Wide RECOMMENDATION: 1. That the unit prices submitted by the lowest tenderer Lafarge Canada Inc. be accepted. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City Purchasing manager, Mr. Ray Miller, opened tenders on Tuesday, June 10, 2008 at 1:30 p.m. for the above noted contract. Tender documents were picked up by six (6) Contractors and six (6) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1.Lafarge Canada Inc. 2.Rankin Construction Inc. 3.Circle P. Paving 4.Steed Evans 5.Norjohn Contracting 6. Economy Paving Niag ara ails CANADA Hamilton 998,934.00 St. Catharines 1,089,474.00 Stevensville 1,089,987.50 Thorold 1,097,510.00 Niagara Falls 1,101,163.68 Niagara Falls 1,210,000.00 023, Niagara Falls, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works June 23, 2008 2 MW- 2008 -36 The engineer's estimate for this contract was 1,200,000.00 Project Costs: Awarded Contract (excluding GST) 998,934.00 Funding: Approved by: Recommended by: Respectfully submitted: Total 998,934.00 The funding for this contract was provided in the 2008 General Purpose Budget as a transfer to capital holding. The expenditures for this project will be recorded as an expense in the Capital Fund (account #12- 3- 310024 030000). This project is scheduled to commence construction July 2, 2008 and all work is to carry through until September 25, 2008. Overlay will be completed up to the budget amount utilizing the unit cost in the contract. Geoff Hot an, D ctor of Municipal Works Ed Dujlovic, xecutive Director of Community Services Mac onald, Chief Adminis ative Officer C. Anders S:IREPORTS12008 Reports\MW- 2008 -36 Contract 2008 -03 2008 Asphalt Overlay Phase #1.wpd 2008 -03 ASPHALT OVERLAY OF ROADS LOCATION MAP DIRECTOR OF MUNICIPAL WORKS DATE 2008 -03 ASPHALT OVERLAY OF ROADS LOCATION MAP APPROVED RIDEAU ST. WESTWOOD DIRECTOR OF MUNICIPAL WORKS KENSIN ON X N 1 WEYBUR ST 3 m x ALFRED ST o l CIR. GRAF °TA Sl TAD ST. F r ST. Q et F 1J J Q J p W J W U Wp O c ,7 mo Vi) p) BADGER RD. Y Z. a a NES w a ST. HARM''' U r.5 FAIRFIELD PL. MCLEOD ROAD MONTGOMERY STREET —J The City of Niagara Falls Canada BROWN R CHARNWOOD A 0 z a CANADIAN 0 0 0 0 MUNICIPAL WORKS 2008 -03 ASPHALT OVERLAY OF ROADS LOCATION MAP SCALE DWG. NO. 4 of 6 e JN" N.T.S. REVISION DATE 04/01/08 DIRECTOR OF MUNICIPAL WORKS APPROVED The City of Niagara Falls Canada ORING CRES. MUNICIPAL WORKS 2008 -03 ASPHALT OVERLAY OF ROADS LOCATION MAP CHRISTINE RpC ELLPARK WIUNGER ST. JANUARY WILLS WALLACE CT. SCALE REVISION DATE 04/01/08 DWG. NO. 5 of 6 N.T.S. RIALL w 0 W 0 w Alt HA VI The City of Niagara Falls Canada ON HL RO SO �Ay ST+ s T. 3R1 riu I ARM() os e.A�E MCR��� Limon JRY AY Da MUNICIPAL WORKS 0 E• Q 0 Aka k REVISION DATE 04/01/08 a DIRECTOR OF MUNICIPAL WORKS DATE APPROVED 2008 -03 ASPHALT OVERLAY OF ROADS LOCATION MAP STREET' SCALE DWG. NO. 6 of 6 N.T.S. 1 0 June 23, 2008 MW- 2008 -37 His Worship Mayor Ted Sal is ara 'Fa ls and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -37 Tender #T -13 -2008 New Equipment Purchase RECOMMENDATION: 1. 2. That staff be authorized to sign the necessary Purchase Order and related documents associated with this purchase. BACKGROUND: That the tender for the purchase of One (1) Latest Model Tandem Dump Truck, All Season Combination Equipped with Power Operated Snowplow Wing be awarded to Eastgate Truck Centre of Hamilton in the amount of $198,829.15. Tenders for New Equipment were opened by the Tender Opening Committee on Thursday, June 5, 2008. A summary of bids is attached for Council's information. After a complete review of the specifications submitted from all bidders, it was found that the lowest bidder, Eastgate Truck Centre, meets the specifications as outlined in the tender documents, therefore it is recommended that the tender from Eastgate Truck Centre, be accepted. Sufficient funds are available in the 2008 Capital Budget to cover the purchase of this replacement vehicle. (Account No.12 -3- 370001- 030000 Vehicle Replacement). The vehicle being replaced was purchased in 1991 and is ell beyond the normal replacement cycle. Delivery is expected by the end o ove b r 2008. cutive Director 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Recommended by: Approved by: Respectfully submitted: Igkf Geoff Holm.. n,. Ed Du" tor of Municipal Works acDonald, Chief Ad inistrative Office Working Together to Serve Our Community Community Services Community Services Department Municipal Works June 23, 2008 -2- MW- 2008 -37 TENDER #T -13 -2008 NEW EQUIPMENT PURCHASE TENDER SUMMARY Total Price including All Taxes Dealer Name Archer Truck Service Ltd. St. Catharines, ON St. Catharines (Freightliner) Truck Tractor St. Catharines, ON One (1) Latest Model Truck, Tandem Truck, Cab Chassis with Dump Body /Spreader, All Season Combination Equipped with Power Operated Snowplow Wing $201,299.71 $216,098.94 Working Together to Serve Our Community June 23, 2008 PD- 2008 -57 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -57 Former Carnegie Library Building (Community Resource Centre) Restoration Work 5017 Victoria Avenue RECOMMENDATION: That Council approve the proposed scope of work to be completed on the wood soffit and fascia and the down spouts on the former Carnegie Library building as outlined in this report. BACKGROUND: Niag ara alls CANADA There were 2,509 Carnegie Libraries built around the world from 1901 and 1923. Of these, 125 were built in Canada with 111 of the 125 in Ontario. Approximately 63 of the 111 are still functioning as libraries. The Niagara Falls Carnegie Library ceased being the Public library in 1974 when the current Victoria Avenue Library was opened. The Carnegie Library was renovated to accommodate office space for a number of community organizations. The building was designated under Part IV of the Ontario Heritage Act in 1999. As a designated property any work to be done on the building must be brought before the Municipal Heritage Committee. The scope of work (attached) was brought before the Municipal Heritage Committee on May 28, 2008. The work required involves the repair and replacement of block modillions, replacement of cornice gutters, the wood soffits and fascia boards. It will also include removal of the existing down pipes and the replacement of the existing undersized pipes with 6" diameter aluminum pipes. All missing trim pieces will be replaced with moldings cut to match the original profiles and dimensions. 0 Queen Street, P.O. Box 1023, Niagara Fa Is, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 23, 2008 2 The specifications in the scope of work and notes will ensure that the work is completed in an appropriate and sympathetic manner in keeping with a 1910 Neo classical Revival Style building. The public tendering process through the Supply Services Division, will be followed in connection with this project. Recommended by: Approved by: Respectfully submitted: P.Boyle:mb s:1PDR120081PD- 2008 -57, Former Carnegie Library Building Restoration.wpd Alex Herlovitch, Dir or of Planning Development Ed Dujlovic, Execs ive Director of Community Services acDonald, Chief Administrative Officer PD- 2008 -57 WOOD SOFFIT AND FASCIA REPAIRS TO FORMER CARNEGIE LIBRARY 5017 VICTORIA AVENUE NIAGARA FALLS FOR THE CITY OF NIAGARA FALLS AIMONDO +ASSOCIATES ARCHITECTS The intent of the project is to repair and replace the existing wood soffits and fascia around the perimeter of the original building. The scope of work shall involve, but is not limited to the following work; 1 Replacement of up to 15 block modillions. 2 Repair of up to 10 block modillions including replacing missing trim pieces 3 Replacement of up to 40 linear feet of cornice gutter. 4 Replacement of up to 50 linear feet of wood soffit. 5 Replacement of up to 50 linear feet of fascia boards. 6 Removal of existing downspouts (4) 7 Supply and installation of 4 new 6" dia. aluminum downspouts (colour to match brick) fastened to building and fastened and sealed to existing cornice gutter, and discharging to new 12 "w x 36 "I precast splash pads at grade. 8 Re- fasten and make good any loose wood components. 9 Strip paint finish from all existing wood components (soffit, fascia, trim, block modillions, etc..) and prime and paint all surfaces. Re -paint existing metal cornice gutter trim. (Alternative Price not base bid) 10 All missing trim pieces not noted above to be replaced with mouldings cut to match original profiles and dimensions. Project specification notes: General Notes: SCOPE OF WORK AND NOTES 1 All new wood to be #1 select pine 2 All new wood pieces to be primed (all faces) and painted with 2 coats exterior grade latex paint. All wood pinting to CGSB 85- GP -2M. 3 All grounds, including sod, sidewalks, planting beds, roadways, etc. to be protected during work and repaired to present condition if damaged. 4 All removed stripped paint to be treated as lead -based and disposed of in accordance with Provincial Environmental Guidelines. 5 All open joints in soffit and fascia to be caulked so that all gaps are sealed to water penetration. 1 All existing Christmas lights to be removed by City staff prior to work. 2 Take care and perform due dilligence to protect occupants of building and pedestrians and fence off areas accordingly. OVERALL VIEWS Both upper and lower roof peaks to be repaired at front of building. Complete perimeter of soffit and fascia to be repaired around main roof. North elevation along parking lot--- Picture A This picture taken at the south -west corner of the cornice gutter shows the damage to the downspout area, block modillions and trims around the gutter to be repaired. Picture B At all existing downspout locations there is significant rotting. All downspouts to be removed and replaced with new 6" diameter aluminum as specified. Existing soffit boards and associated ar- eas to be repaired back to solid substrate. Picture C This picture taken from the low roof at the west end shows two block modillions that have fallen partially away and shows that the soffit runs through and they are fastened to the surface. New block modillions to be constructed to match existing and fastened to match. Picture D This picture taken from the corner of the park- ing lot shows damage to soffit boards to be replaced, missing block modillion and damage to soffit at existing downspouts. Picture E This picture taken at the south /east corner shows damage to face of block modillions, trim at cornice gutter and soffit boards. Picture F This picture shows the poor condition of the existing paint surface. As a separate price in tender form, provide a cost to strip all existing paint and provide new primer and paint. Refer to tender form. L R AIMONDO +ASSOCIATES ARCHITECTS INC. 4687 Queen Street, Studb 2 Niagara Falls. Ontario, L2E 2L9 TEL. 905-357.4441 FAX. 905- 357 -9203 WEB. www.raNrondoatchitects.com EMAIL. mal @raImondoarchitects.com f DRI VEHAY AGGESS ROOF AGGESS FROM STAIRWELL TO BACK ROOF AREA 1 CONTRACTOR 15 RESPONSIBLE TO REPAIR AND MAKE GOOD ANY DAMAGE TO EXISTING SIDEWALKS, GRASS AND PLANTING AREAS (TYP) DRAWN BY: SB DATE: MAY 2008 SCALE: 1116 =1' -0" PROJECT NO.: 08 -022 CHECKED: F.E.R. REV. DATE PURPOSE EXISTING SHINGLED ROOF TO REMAIN 34 1'} 1_01) 0 VIGTORIA AVENUE ALTERATIONS TO EXISTING OLD CARNEGIE LIBRARY VICTORIA AVE.,NIAGARA FALLS SITE PLAN SHEET NO: 1 Al REV. Q AIMONDO +ASSOCIATES ARCHITECTS INC 4687 Queen Street, Studio 2 Niagara Falls, Ontario, L2E 2L9 TEL 905 357-4441 FAX. 905- 357 -9203 WEB. ww.tratmondoarchitects.com EMAIL. mad @raimondoarchitects.com EXISTING SHINGLES TO REMAIN EXISTING CORNICE GUTTER WITH METAL LINER TO REMAIN CORNICE GUTTER TRIM PIECE FASCIA BOARDS 3 /4" WOOD SOFFIT BOARDS WOOD BLOGK MODILLIONS b" WIDE X 6" HIGH X 13" DEEP 20" CENTRES 3" HIGH X 312" DEEP LOWER DENTILS FACE OF BRIGK WALL NOTES I ACTUAL SIZES AND GONSTRUGTION TO BE CONFIRMED ON 5I TE BY GONTRAGTORS THESE DRAWINGS TO BE USED AS A GUIDE ONLY. 2 ALL NEW PIEGES TO BE GUT TO MATCH ORIGINAL PROFILES (TYPICAL) 3 ALL SOFFIT BOARDS TO BE T$ G WITH 3 /4" ROUND PROFILE TO MATCH ORIGINAL DIMENSIONS. DRAWN BY: SB DATE: MAY SCALE: 1/16"=V-0" PROJECT NO.: 08-022 CHECKED: F.E.R. REV. DATE PURPOSE ALTERATIONS TO EXISTING FORMER CARNEGIE LIBRARY 5017 VICTORIA AVE.,NIAGARA FALLS SOFFIT DETAIL SHEET NO: A2 1 REV._ June 23, 2008 PD- 2008 -58 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag ara ails C A N A D A Re: PD- 2008 -58 C &FIG 17/2008, Downtown CIP Commercial Building Grant Application 4573 -4583 Queen Street Joe Mrkalj Orchid Bar Restaurant (formerly Daily Planet) 1. That Council approve the above noted application for a Commercial Building Grant in the amount of $10,000 to replace the roof of a commercial building subject to meeting the program requirements including the entering into an agreement with the City. 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the building improvement. The City has received a Commercial Building Grant Application for 4573 -4583 Queen Street. The property contains a large building housing a bar and restaurant known as the Orchid (formerly the Daily Planet). The owner is seeking financial assistance to replace portions of the roof that are leaking. A map showing the location of the property is highlighted in Appendix I. Under the Downtown CIP Financial Incentive Programs, the Commercial Building Grant provides for a $10,000 matching grant for structural items such as a roof. The owner has submitted two cost estimates from certified roof contractors and the cost of the roof repair is greater than $40,000. There is some urgency to move forward with the necessary roof repairs and staff supports the approval of the application of the maximum matching grant of $10,000 subject meeting all the program requirements. If the grant application is approved, the applicant will be required to enter into an agreement with the City. The agreement will specify the details for the grant which will be provided following the work being completed and inspected by City staff. 4310 Queen Street Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Community Services Department Working Together to Serve Our Community Planning Development June 23, 2008 CONCLUSION: Recommended by: Approved by: Respectfully submitted: B.Bolibruck Attach. 2 The Commercial Building Grant will provide assistance to repair the roof of the existing bar and restaurant building. Staff supports the approval of the application subject to meeting the program requirements. Alex Herlovitch, Direc r of Planning Development Ed Dujlovic, Execufive Director of Community Services MacDonald, Chief Administrative Officer S:1PDR12008 \PD- 2008 -58, Commercial Building Grant 4573 -4583 Queen Street (Orchid).wpd PD- 2008 -58 1: NTS June 2008 K: \GIS_Requests \2007 \Custom \Internal \Planning \CIP \Downtown_CIP. map 4573 -4583 Queen Street Road Allowance Property Parcels Downtown Community Improvement Project Area HURON ST RIDGE ST QUEEN ST HURON-ST rn rn Kir a� s :Ir ,.rr .awl ant a.m. OM imil MI int ail mivapalimi .110•1011, suiciewsow woe mat imumps ELLIS •ST PARK ST June 23, 2008 R- 2008 -25 NiagaraJ His Worship Mayor orTed Sala CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -25 Niagara Catholic District School Board Agreement (Notre Dame Playspace) RECOMMENDATION: 1. That the City of Niagara Falls enter into a renewal agreement with the Niagara Catholic District School Board for the joint funding and use of a creative playspace at the Notre Dame Elementary School. 2. That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: The City originally entered into an agreement with the Welland County Roman Catholic Separate School Board to install a creative playspace at Notre Dame Elementary School in August 1995, which would also support community needs. The school lands are linked to E.E. Mitchelson Park and this playspace has long been used extensively by the park and residential community. The City had partnered with the school in 1995 and contributed half the purchase price for the playspace. There was not adequate space in the park, due to other dedicated uses to also include a playground. With the aging of the playspace it was essential that it be replaced or otherwise removed. The project was included in the 2008 capital budget (category 1) and approved. The agreement indicates the contribution of the City is half the cost, not to exceed $20,000. The Notre Dame Elementary School Playground Committee has raised their contribution through fundraising efforts for the playspace which was approximately $40,500. Recommended by: Approved by: Respectfully sub Denyse/MorrisseyjDirector of P rks, Recreation Culture ontro Niagara Falls ON, Canada L2H 3N3 905- 356 -7521 www.niagarafalls.ca cutive Director of Community Services A MacDonald, Chief Adminis ative Offic r Community Services Department Parks, Recreation Culture June 23, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: As shown, current placement and content of the existing billboard type sign, corner of Palmer Avenue and Bender Hill, Municipal Lot #20 Niag ara ails CANADA Re: TS- 2008 -39 Billboard Sign Lease Extension Municipal Lot #20 Vann Media TS- 2008 -39 1) That Council approve a five -year extension to the lease with Vann Media Inc. to maintain a billboard type sign on Municipal Lot #20 (Palmer Avenue and Bender Street); and, 2) That the Mayor and City Clerk be authorized to sign the said extension. In 2003, Council approved the lease of lands to Vann Media to install a single faced, billboard type sign (as shown below) on Municipal Lot #20, Palmer Avenue, which is only permitted to advertise the Niagara Falls Aviary. 0 Queen Street, P0, Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Together to Serve Our Community June 23, 2008 -2- TS- 2008 -39 The sign's advertising panel, faces south toward Victoria Avenue and is near the intersection of Victoria, Palmer and Bender Hill (see attached schedule). It is a directional sign to the Niagara Falls Aviary, located on River Road at the bottom of Bender Hill. The City is proposing that all terms and conditions remain the same, with an annual increase retroactive to June 14, 2007 of 3% per annum per year. The original rent was set a $5,000 annually. The rate was based upon staffs exploration of the market for such leases and the advice of an independent sign rental agent retained by the City. The lease provided for an annual increase in the rent of 3% As this lease expired in 2007, the City would expect a total payment of $11,091.18 upon execution, consisting of the following: $5,463.64 June 14, 2007 to June 13, 2008 $5,627.55 Due June 14, 2008 The balance of the five -year lease would be payable annually: $5,796.38 $5,970.27 $6,149.38 $6,333.86 Due June 14, 2009 Due June 14, 2010 Due June 14, 2011 Due June 14, 2012 Vann Media is satisfied with the terms of the agreement and wishes to renew. Councils' concurrence with the recommendations in this report would be greatly appreciated. Recommended by: Approved by: Respectfully submitted: Karl Dren, Director of Transportation Services Ed Dujlovic, xecutive Director of Community Services MacDonald, Chief Administrative Officer attach. S. Wheeler S:1General Administration\GA 1.01 Reports12008 Council \06 Jun 231TS- 2008 -39 Lot 20 Vann Advertising Sign.wpd Niagara Falis Aviary Casin.o "Niagara NORTH NOT TO SCALE 4 4 0 COMMUNITY SERVICES DEPT. Niagararalls TRANSPORTATION SERVICES Billboard Sign Lease Extension Municipal Parking Lot #20 June 23, 2008 Sue Wheeler A by -law to amend By -law No. 79 -200, to permit the land and to repeal By -law No. 89 -235. THE COUNCIL OF THE CORPORATION OF T AS FOLLOWS: 1. Sheet C5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R5B and numbered 227, in part, and I, in part, to R5B and numbered 828, the land on the north side of McLeod Road, west of Drummond Road, being Pt Twp Lt 172 Stamford, Pt 1 59R5479, Except Pt 159R13097; Niagara Falls and Pt Twp Lt 172 Stamford; Niagara Falls and shown hatched and designated R5B and numbered 828 on the plan Schedule 1 attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31 and 4.27.1 and clauses (a), (c), (d), (e), (h) and (m) of section 7.11.2 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 R5B and numbered 828 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Deemed lot (b) Minimum lot area Maximum number of dwelling units Minimum front yard depth Maximum front yard depth Minimum rear yard depth Minimum interior side yard width (i) CITY OF NIAGARA FALLS By -law No. 2008- along and adjacent to the westerly side lot line (ii) along and adjacent to the easterly side lot line development of an apartment dwelling on the HE CITY OF NIAGARA FALLS ENACTS all of the land described in section 1 of this by -law and shown hatched and designated R5B and numbered 828 on the plan Schedule 1, shall be considered one lot the whole of the land shown hatched and designated R5B and numbered 828 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 24 7.5 metres 10 metres 25 metres 4.5 metres 12 metres (h) Maximum height of building or 12.5 metres or 3 storeys, whichever the structure lesser, including a pitched roof, as required by clause (i) of this section and subject to section 4.7 of By -law 79 -200 (i) Pitched roof the apartment dwelling shall have a pitched roof which has a height of not less than 3 metres above the top storey. The pitched roof shall not contain a place of occupancy (j) Minimum landscaped open space 35% of the lot area, which shall include the yard between the apartment dwelling, the driveway and the front and westerly side lot lines, a 4.5 metre wide yard between the front lot line and any parking space, and a 3 metre wide yard along and adjacent to the rear lot line (k) All other provisions of Zoning By -law No. 79 -200 shall apply 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.828 4. By -law No. 89 -235 is repealed and section 19.1.227 of By -law No. 79 -200 is deleted. Passed this twenty -third day of June, 2008. Notwithstanding the provisions of sections 2.31 and 4.27.1, and clauses (a), (c), (d), (e), (h) and (m) of section 7.11.2 of By -law No. 79 -200, no person shall use the land on the north side of McLeod Road, west of Drummond Road, designated R5B and numbered 828 on Sheet C5 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2008- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading; June 23, 2008 June 23, 2008 June 23, 2008 A. Bryce:mb S:\ZON ING\AMS\2008 \By -I aws\Byam 006. wpd -2- SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Applicant: iii Assessment #s: 272508000512200 272508000509100 K: \GIS_Requests\ 2008\ Schedules \2oningAM\AM 06 \mapping.map Amending Zoning By -law No. 79 -200 Description: Pt Twp Lt 172 Stamford, Pt 1 59R5479, Except Pt 1 59R13097; Niagara Falls and Pt Twp Lt 172 Stamford Niagara Falls 1006057 Ontario Limited o/a Niagara Olympia Homes 1:NTS AM -2008 -006 May 2008 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this twenty -third day of June, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 23, 2008. June 23, 2008. June 23, 2008. CITY OF NIAGARA FALLS By -law No. 2008 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGiolamo Larry Downing Hanya Goforth Brian Green Steve Hamilton Kevin Howe Les Jarvis Erroll Kettell Norm Leonard David Lewis Jason MacLean John MacLeod Rob McDonald Edward Allan McDonnell John McPherson Kerri Michaud Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell David Smith Gary Statchura Jana Vermeulen Sue Wheeler Brenda Wylie SCHEDULE "C" CITY OF NIAGARA FALLS By -Iaw 2008 A by -law to authorize the execution of the 2006 2008 Collective Agreement with the Niagara Falls Professional Fire Fighters Association. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between The Corporation of the City of Niagara Falls and the Niagara Falls Professional Fire Fighters Association respecting remuneration, benefits and working conditions for the period January 1, 2006 to December 31, 2008, in accordance with the Award dated April 29, 2008 in the matter of the Fire Protection and Prevention Act, 1997 and in the matter of an Interest Arbitration between the Niagara Falls Professional Fire Fighters Association and The Corporation of the City of Niagara Falls, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Collective Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Collective Agreement. Passed this twenty -third day of June, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 23, 2008 June 23, 2008 June 23, 2008 CITY OF NIAGARA FALLS By -law No. 2008 Being a by -law to amend By -law No. 2007 -37, a by -law to provide for appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Paragraph #1, being appointments to the Arts and Culture Committee, be amended to delete the names John Albanese, Mark Matthews, Michal Pasco and Dr. Shalini Shahani. 2. That Paragraph #1, being appointments to the Arts and Culture Committee, be amended to add the names John Archibald, Warren D'Ambroise, Wendy M. Sturgeon and Douglas Vanasselstine. 3. That Paragraph #5, being appointments to the Municipal Heritage Committee, be amended to delete the names Rashad Hindi and April Petrie. 4. That Paragraph #5, being appointments to the Municipal Heritage Committee, be amended to add the name Navin Shahani. 5. That Paragraph #8, being appointments to the Park in the City Committee, be amended to add the names Don Johnson, Elizabeth Manker and Jean (Teddy) Weadon. 6. That Paragraph #11, being appointments to the Trails and Bikeway Committee, be amended to delete the names Pat Chivers, Deborah Kidd and Glenn Mercer. Passed this twenty -third day of June, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 23, 2008. June 23, 2008. June 23, 2008. 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 23r day of June, 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 23' day of June, 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. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -third day of June, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 23, 2008 June 23, 2008 June 23, 2008