2008/07/21COUNCIL
MEETING
Monday, July 21, 2008
Order of Business
and Agenda Package
PRAYER. Councillor Mayes
ADOPTION OF MINUTES: Council Minutes of July 7, 2008
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time
Canadian Trap Shooting Champion
Mike Pickering will be recognized for winning the 2008 Canadian Trap Shooting
Championship in Hamilton
Public Meeting
AM- 2008 -021, Official Plan and Zoning By -law Amendment Application
5471, 5491 and 5507 River Road and Vacant Lane on the West Side of River Lane and on
the Northwest Corner of River Road and John Street
Applicant Niagara Falls Pointe Limited Partnership
Agent: Michael Goldberg, The Goldberg Group
Proposed 7- Storey, 119 Unit Apartment Building
Background Material:
Recommendation Report: PD- 2008 -70
-AND-
COUNCIL MEETING
July 21, 2008
DEPUTATIONS /PRESENTATIONS
PLANNING MATTERS
Correspondence from the Region's Planning Dept.
Correspondence from the Niagara Parks Commission
Correspondence from Mike Baldasio
Correspondence from Bill Barratt
Correspondence from Dean and Leila Cruikshank
Correspondence from Debra Jackson
Correspondence from Ken Murphy
Correspondence from Leslie Khan
Correspondence from Susie Ong
Correspondence from Marya Buckingham
Correspondence from John Theresa Prentice
Public Meeting
AM- 2008 -005, Zoning By -law Amendment Application
5058 Huron Street
Applicant Antonio Maiolo
Agent Brian Sinclair, Q C
Recognition of an Existing Apartment Building
Background Material:
Recommendation Report. PD- 2008 -64
-AND-
Correspondence from the Region's Planning Dept.
Correspondence from Brian Sinclair, Q C
Public Meeting
AM- 2008 -019, Zoning By -law Amendment Application
9130 Chippawa Creek Road
Applicant: John and Irma Belme
Proposed Single Detached Dwelling
Background Material:
Recommendation Report: PD- 2008 -66
-AND-
AN D-
Correspondence from the Niagara Peninsula Conservation Authority
Correspondence from the Region's Public Works Dept.
Background Material:
Recommendation Report: PD- 2008 -67
3
Public Meeting
AM- 2008 -016, Zoning By -law Amendment Application
City of Niagara Falls
General Amendments to Zoning By -law No. 79 -200
MAYOR'S REPORTS, ANNOUNCEMENTS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Request from Various BIAs for Pay Parking Rate Changes in the Tourist Core
RECOMMENDATION That the by -laws listed later on the agenda be approved
2 International Joint Commission (IJC)
a) Request from the Region supporting nomination of the IJC for a Stockholm Water
Prize
b) Request that 2009 be proclaimed Year of our Shared Waters
RECOMMENDATION That the request be approved
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
FINANCE MATTERS
1
Chief Administrative Officer
2 Chief Administrative Officer
3 Chief Administrative Officer
4 Chief Administrative Officer
5 Chief Administrative Officer
F- 2008 -28 2007 Reserves and Reserve
Funds
F- 2008 -29 2007 Development Charges
F- 2008 -30 -2007 Capital Accounts Report
F- 2008 -31- 2007 Investments Report
MW- 2008 -23 2008 Vehicle and
Equipment Purchases
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.
BBS- 2008 -05 Indexing of City Development Charges
F -2008- 32 Transit Credit Card Report
4
L- 2008 -23 Max Brigade Control Line Model Flying Club, Renewal of Licence
Agreement with the City Crowland Park /Schisler Road
L- 2008 -25 Nuisance By -law
MW- 2008 -41 St. Paul Catholic High School Traffic Operational Review
MW- 2008 -47 Kalar Road Southwest St. Vincent de Paul
MW- 2008 -48 Tender 2008 -08 Surface Treatment of Roads
MW- 2008 -49 Tender 2008 -03 Asphalt Overlay Phase 2
PD- 2008 -52 Consultation Process for Wireless Telecommunication Towers
PD- 2008 -68 Matters Arising from the Municipal Heritage Committee
PD- 2008 -69 Sidewalk Cafe Licence Agreement with the City SWC- 02/2008, Antica
Pizzeria, 5791 Victoria Avenue
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by -laws
listed for Council consideration.
2008 -120 A by -law to authorize the execution of an Agreement with Max Brigade
Control Line Model Flying Club, respecting the continued use of a portion of
Crowland Park
2008 -121
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with Antica Pizzeria Inc respecting the Iicencing of a Sidewalk Cafe over a
portion of City sidewalk in front of Antica Pizzeria Inc located at 5791 Victoria
Avenue
2008 -122 A by -law to authorize the execution of a Subdivision Agreement with 800460
Ontario Limited respecting Fernwood Subdivision Phase 1
2008 -123 A by -law to establish part of Lot 22 Plan 6 7 Stamford as a public highway,
to be known as and to form part of Riall Street
2008 -124 A by -law to amend By -law No. 966 -50, being a by -law to regulate parking in
Municipal Lots
2008 -125 A by -law to amend By -law No 89 -2000, being a by -law to regulate parking
and traffic on City Roads Metered Areas
2008 -126 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 21s day of July, 2008
NEW BUSINESS
Community Services Department
Parks, Recreation Culture
Inter Department Memorandum
TO: Cathy Crabbe
Mayor's Office
FROM: Lori Albanese
Community Development Coordinator
Ext. 3332
RE: Awards At Council Monday, July 21, 2008
Mike Pickering 2008 Canadian Trap Shooting Champion
Niagara Falls trap shooter Mike Pickering won the 2008 Canadian Trap Shooting Championship, in
Hamilton during the weekend of July 5 and 6, 2008.
In the preliminaries, Mike Pickering successfully hit a perfect 200 out of 200 biodegradable clay targets
and then 74 out of 75 targets in the finals. Standing 1 5 metres from the trapshooting house, competitors
are required to shoot the targets flying through the air at approximately 90 kilometres per hour. His
championship competition was in the 16 Yard, 200 A Division.
Mike won a provincial championship in 2005 and through the years, he has won a number of smaller
events. He has been involved in the sport since 2001.
Mike competes in August at the 2008 Ontario Championships in Hamilton.
Cathy, please prepare plaques to honour Mr. Pickering for the July 21 Council meeting.
Thank you.
LA.
cc. Dean Iorfida, Kathy Moldenhauer, Denyse Morrissey
S \Awards\2008\Mike Pickering Cdn Trap Shooting July 21.wpd
NiaJarap0
DATE: July 10, 2008
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services
July 21, 2008 PD- 2008 -70
His Worship Mayor Ted Said
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
Niag iaa11s
Re: PD- 2008 -70
AM- 2008 -021, Official Plan and Zoning By -law Amendment Application
5471, 5491 and 5507 River Road and Vacant Land on the West Side of
River Lane and on the Northwest Corner of River Road and John Street
Applicant: Niagara Falls Pointe Limited Partnership
Agent: Michael Goldberg, The Goldberg Group
Proposed 7- Storey, 119 Unit Apartment Building
RECOMMENDATION:
That Council approve the application to redesignate the lands as Residential in the Official
Plan with site specific density provisions subject to a bonusing agreement under Section
37 of the Planning Act and change the Zoning By -law to a site specific R5E zone to permit
a 7- storey apartment building on the land subject to the design changes and standards
recommended in this report.
BACKGROUND:
The applicant has requested amendments to the Official Plan and Zoning By -law No. 79-
200 for six parcels of land known as 5471, 5491 and 5507 River Road as well as vacant
lands on the west side of River Lane and on the northwest corner of River Road and John
Street, as shown on Schedule 1
The application is to change the Official Plan designation from Tourist Commercial to
Residential and introduce site specific policies for density. The application would also
change the zoning from Tourist Commercial (TC -67) to a Residential Apartment 5E (R5E)
zone with site specific provisions for reductions to the front and rear yard depths, side yard
widths, landscaped open space coverage and building height. An increase in lot coverage
is requested along with the establishment of a site specific lot area regulation
The applicant is proposing to develop a 119 unit apartment building on the property with
two levels of parking in a parking garage The apartment building would have a height of
7 storeys at River Road and John Street and a height of 4 storeys at River Lane and Philip
Street. The details of the propsal are shown on Schedule 2.
Working Together to Serve Our Community
Community Services Department
Planning Development
July 21, 2008 2 PD- 2008 -70
History
In 2006, City Council supported an application (0 R.E. Development Corporation, File No.
AM- 06/2006) for a 29- storey, 250 unit apartment building having a density of 384
units /hectare (155 units /ac) subject to a bonusing agreement under Section 37 of the
Planning Act for $500,000. Official Plan Amendment No. 68 (OPA No. 68), to implement
this approval, was adopted on July 10, 2006 and sent to the Region of Niagara for approval.
OPA No 68 is being held in abeyance at the Region at the request of the applicant.
In 1979, the lands were rezoned as Tourist Commercial (TC -67) which would allow a 4
storey (13.0 metres or 42.6 feet high) motel having 112 units subject to a minimum setback
of 10 metres (32 8 feet) from River Road and 3 metres (10 feet) from any other lot line.
Site Description and Surrounding Land Uses
The site slopes upward from the southeast corner at River Road and John Street to the
northwest corner of River Lane and Phillip Street. There are three residential dwellings on
the property
Lands to the west and north are residential. This area has a mix of single detached
dwellings, dwellings converted into multiple unit dwellings, bed and breakfasts and a small
number of low -rise (3- storey) apartment buildings. Lands to the south are tourist
commercial and occupied by Michael's Inn. The Niagara River lies to the east.
Circulation Comments
Regional Municipality of Niagara
No objection. The proposal will make more efficient use of land and
infrastructure, and provide housing choices for residents. The project benefits
from proximity to the Central Tourist District and is close to transit routes
Niagara Parks Commission
No objections.
Municipal Works
No objections. The development will increase pedestrian traffic which will
heighten the need for sidewalks along River Lane. Further comments will be
provided at the site plan stage.
Transportation Services
The existing road network is capable of accommodating the estimated traffic
that will be generated from the development, as demonstrated by the
applicant's traffic consultant.
July 21, 2008 3 PD- 2008 -70
Building Services
All required Building Permits to be obtained prior to commencement of
construction.
Planning Analysis
Planning staff has reviewed the application and conducted an analysis based on Provincial
Policy, the Official Plan policies and the appropriate zoning standards.
Provincial Policy Initiatives
1. The proposal represents an intensification of residential development.
Official Plan
Road widenings of 0 91 metres (3 feet) wide are required to be dedicated
along the John Street and Phillip Street frontages of the property. Daylight
triangles of 5 metres (16.4 feet by 16.4 feet) are required to be dedicated on
the northeast corner of John Street and River Lane and the southeast corner
of Phillip Street and River Lane
Further details will be reviewed at the site plan stage Accesses will need to
be designed to City specifications to ensure vehicles, including service
vehicles, can access the property
City planning decisions must comply with Provincial policy documents. The
Provincial Growth Plan for the Greater Golden Horseshoe stipulates that by the year
2015, the City is to achieve 40% of new residential growth within its existing built
boundaries. This is likely to occur through conversion and intensification within
established neighbourhoods and the downtown.
The City has a large inventory of lands prezoned for multiple family residential
development. As some of these areas require assembly of properties to achieve a
sufficient parcel size to develop a viable project, many prezoned areas may not be
available for redevelopment for some time. The subject lands have been assembled
and are ready for redevelopment. The conversion of these lands will provide an
alternative form of housing not currently available, if approved
2 A change of land use designation to Residential is appropriate.
The lands are currently designated Tourist Commercial in the Official Plan which
permits residential development where commercial lands are in excess of demand.
The applicant is seeking a Residential designation with a Special Policy Area
provision to permit the proposed development. As land to the west and north are
designated Residential and the Niagara River lies to the east, the subject lands
currently represent a commercial extension into a residential area. Given this, a
Residential designation is appropriate for the land. Removal of the Tourist
Commercial designation would still leave sufficient lands elsewhere in the City to
meet current and future demands
July 21, 2008 4 PD- 2008 -70
3 The density of the project is a departure from the Official Plan standards.
The Official Plan has a maximum density of 125 units per hectare (50 units per acre)
and allows building heights greater than 6 storeys for residential land generally
located in close proximity to the Central Business District, other major commercial
districts, parks and open space areas. Minor increases in height and density may
be allowed through bonus zoning provisions (Section 37 of the Planning Act) The
project is extremely dense having a density of 238 units per hectare (96 units per
acre). This density is significantly higher than that contained in the Official Plan,
although well below the density of 384 units per hectare (155 units per acre) of the
29 storey project previously approved by Council on the land
The site's location next to the central tourist district places this site in proximity to
significant commercial lands to take advantage of employment, entertainment and
restaurant services. If approved, the project would provide a residential population
to support the commercial uses The property is also adjacent to the Niagara Gorge
an open environmental area of natural beauty and in close proximity to Queen
Victoria Park, a significant open space area. The lands are located on an arterial
road at the edge of the established neighbourhood These locational advantages
contribute the site's eligibility for a higher density.
4. Increases in density and height can be considered through Bonus Provisions
(Section 37 Agreements).
Where planning principles are met, Council can consider increases in density and
height in return for the provision of community facilities and services The density
proposed for this development is almost twice that contained in the Official Plan. The
densities for redevelopment and infill projects will necessitate increases over
greenfield development because of the additional cost associated with removal of
existing residences and overall costs associated with land assembly. The property
should be considered for density bonus in return for contributions to the community
The amendment should contain provisions related to the compensation to be
provided. The applicant must enter into a Section 37 Agreement with City to secure
the contribution to capital projects. The City has a list of capital facilities which may
be eligible for some or all the contribution Contributions in the past have used
formulas based on floor areas, but could be linked to the increased number of units
achieved. Given that Council required a Section 37 contribution of $500,000 for the
previous 250 unit apartment building, compensation in the range of $240,000
$250,000 should be sought from the applicant for this project.
5 The height of the building provides a transition between the Tourist
Commercial area and the Residential area.
The project generally provides a transition in height between the Tourist Commercial
property to the south where the Official Plan provides for building heights of up to12
storeys and the Residential lands to the north and west which provide for heights up
to 3 storeys.
July 21, 2008 5 PD- 2008 -70
The developer submitted sun /shadow drawings to illustrate the effect shadows cast
by the proposed building will have on adjacent lands. The drawings indicate the
yards of the residential properties immediately to the west will be affected in the
morning during the spring and fall periods (minimal shadows are experienced based
on the summer equinox)
Shadowing impacts toward the River are limited to the late afternoon or evening
hours and are minimal during the summer months Therefore, no adverse impacts
on the Niagara Gorge are expected
6 In order to ensure a more compatible form of development with the abutting
residential area design modifications beyond those in the submission will be
necessary.
The Official Plan requires a complimentary arrangement of residential uses and
encourages sufficient horizontal separation distances be provided between taller
buildings and low rise buildings The policies also require that new development be
designed to achieve compatibility with surrounding development in terms of density,
building mass and arrangement.
The proposed development is innovative in its design and introduces an intensive
urban form that has not occurred in the City to date. To mitigate the impacts of
mass and appearance, the City needs to ensure the design is an appropriate fit for
the neighbourhood. The project has a significant presence along River Lane and
there are insufficient setbacks from the property lines to mitigate impacts of massing
on surrounding properties To ensure the proposal achieves better compatibility
certain building setbacks /step -backs to lessen the impact on the pedestrian realm
should be sought. These include.
An increased building setback from Phillip Street in line with the established
residential front yard setback to the west. This would maintain the
streetscape.
A stepped -back for a portion of the west facade to create a terrace similar to
the one proposed on the River Road side and to reduce the massing of the
building facing existing dwellings. This redesign would change the building
from a "U" shaped building to an "I" shaped building.
The setback and step -back provisions are to be implemented through the zoning by-
law as outlined later in this report.
7. Municipal services and facilities are available.
The applicant proposes to meet the standard parking ratio of 1.4 parking spaces per
dwelling unit. He has provided a Traffic Study that indicates the current road system
can support the proposed development with no unacceptable impacts. Access to
the parking structure is provided from John Street. The site is expected to be mainly
reached from Falls Avenue and River Road with minimal impact on surrounding
residential streets City and Niagara Parks Commission Staff has no concerns
provided road widenings and daylight triangles are dedicated as required.
July 21, 2008 6 PD- 2008 -70
Zoning
Underground services are generally adequate to service the development. The
applicant proposes to direct stormwater flows from the site by extending the
separated storm sewer from River Road at John Street to Philip Street thus replacing
the existing combined storm /sanitary sewer The City's water and sanitary sewer
system is adequate to support the development. The sanitary sewer system will
depend on the Bender Hill Pumping Station The proponent will have to work with
the Region and City to ensure adequate capacity is available for the development.
8. A modified R5F zone is appropriate.
The applicant has requested a Residential Apartment 5E Density (R5E) zone with
site specific development provisions to permit the project. The form of development
does not fit any of the standard zoning divisions and will necessitate site specific
form based zoning to reflect the unique design of the project
The applicant is seeking a height of 24.0 metres (78 7 feet).The grade of the
land means the building will range from 7 storeys at River Road to 4 storeys
at River Lane.
A building setback of 0 metres is requested along River Road. This would
bring the lobby(ies) and parking structure to the streetline. This has the effect
of creating a podium next to the sidewalk with much of the apartment
structure set back from the lot line
The applicant is requesting a 2.0 metre (6.6 foot) setback to the parking
garage and a 3.0 metre (9 8 foot) setback to the residential units along Philip
Street. Philip Street is an established residential street where the average
front yard setback is 6.0 metres (19.7 feet). In order to maintain the character
of the street a setback of 6 metres (19.7 feet) is recommended to maintain
the existing streetscape of Phillip Street.
A building setback of 1.5 metres (5 feet) is proposed along River Lane for the
parking garage and a setback of 3.0 metres (10 feet) to the closest wall of the
residential units is requested. This would place a long 4 storey high wall in
close proximity to the lot line and the residential properties to the west. In
order to created a greater distance separation and reduce the massive
appearance of the west wall it is recommended the apartment building be set
back 10 metres (32 8 feet) from the lot line along River Lane for
approximately 60% of the building length. This would have the effect of
creating a terrace on the rear of the building similar to the River Road side.
This redesign would change the building from a "U" shaped building to an "1"
shaped building The parking garage is either below grade or partially
exposed along River Lane and the requested setback would allow for a
narrow strip of landscaping with columnar plantings.
July 21, 2008 7 PD- 2008 -70
A building setback of 3.0 metres (9 8 feet) is proposed for the closest point of
the building along John Street. Because of the irregular angle of the lot line
the building's setback from this street ranges from 3 metres (9.8 feet) up to
14 metres (46 feet), mitigating massing impacts on the street and providing
room for landscape buffering In addition, this frontage faces Tourist
Commercial designated lands on the south side of John Street owned by
Michael's Inn.
The applicant proposes that balconies be permitted to project into required
yards by 2.0 metres (6.6 feet) rather than the standard 1.8 metres (5 9 feet)
currently permitted. These balconies are considered to have little impact on
the massing of the building
The applicant seeks a lot area coverage of 80% and a landscaped area of
10 Under the current Tourist Commercial (TC) zone a lot coverage of 70
is allowed with only 5 of the site landscaped. The additional setback on
Philip Street will improve the landscape provision slightly. In addition, the
applicant proposes to provide an amenity space for the residents on the
terrace created by the top of the parking garage which would function as open
space In addition, staff recommend a 2 0 metre (6.6 foot) wide landscape
strip between the surface parking lot and the abutting residential Tots.
The proposal is for 119 apartment units to be located within the project.
Depending on the actual form of the building once the recommended
setbacks are included, the number of units which can be achieved may be
reduced slightly resulting in a moderately lower density of development.
9. A Site Plan Agreement will be necessary.
At the site plan stage the provision of such facilities as servicing, grading,
landscaping details, lighting and waste disposal will be determined. Staff has
concerns over the design of the access for the waste disposal facility. Road widening
and daylight triangles will be secured at this stage.
CONCLUSION:
The application to amend the Official Plan and the Zoning By -law to allow a 7- storey, 119
unit apartment building on the property can be supported for the following reasons.
The redesignation of the lands to Residential in the Official Plan and is in keeping
with the use of the abutting lands.
The site is located in an area where the Official Plan allows consideration of high
density development and where bonus provisions can be used in return for increased
density.
The applicant will be expected to enter into a Section 37 Bonusing Agreement with
the City in order to secure capital contributions prior to the passing of the
implementing zoning by -law.
A higher degree of compatibility with adjacent development can be achieved through
July 21, 2008 8 PD- 2008 -70
the changes recommended in this report.
The implementing zoning by -law should incorporate the site specific provisions, as
outlined, and should include height and density of the development.
The road and servicing infrastructure are available to serve the development.
Recommended by
Approved by
Respectfully submitted:
z ip/Alex Herlov tch, Director of Planning Development
A. Bryce /A. Herlovitch:gd
Attach.
S: \PDR\2008 \PD- 2008 -70, AM- 2008 -021, Niagara Falls Pointe Ltd., River Rd.wpd
Ed Dujlovic, Executive Director of Community Services
John ,1 Donald, Chief Admi strative Officer
Subject Land
Schedule 1
LOCATION MAP
Amending the Zoning By -law No. 79 -200
Location: 5471, 5491, 5507 River Road,Vacant Land West Side of River Lane
Applicant: Niagara Falls Pointe Limited Partnership
AM- 2008 -021
July 2008
EXISTING
GARAGE TO BE
DEMOLISHED
2 STOREY EXISTING
DWELLING TO BE
DEMOUSHED-
NO. 5507
a'1
3133 329243
0 SETBACK F I 0 SETBACK
PROPOSED 2 STOREY
PARKING RUCTURE
zzl °a ;,m LOT 82
11171
r-
I
2 1/2 STOREY 1
EXISTING. DWEWNG L J
I To BE DEMOLISHED
F 0 NO. 5491
PROPOSEDI 4 STOREY L
MEZZANIHft) RESIOEtajIAL
BUILDING
r•
EXISTING GARAGE
TO 50 DEMOLISHED
2 STOREY EXISTING
DWELLING TO BE
DEMOUSHED
N0. 5471
LIN .F 4 STOREY
B1JIL01 G
LINE OF 2 STOREY
PARKING
�y
LINE OF40 STOREY
PARKIN&.°
LINE OF 43ARRST '-'141 11
d'
RIVER ROAD
no.., O. 23301(1.03
11
PROJECT NORTH
Jul. 7. 2008 12:02PM REGIONAL PLANNING
NiagarallEri Region
Fax Transmittal
To: Andrew Bryce
Planner 2
From: Sue Mabee
Planner
CC:
Urgent C7 For Review Please Comment
Sue
PUBLIC WORKS
Development Services Division
2201 St, David's Road, P.O. Box 1042, Thorold ON L2V 4T7
Tel: 905 -984 -3630 Toll -free: 1.800- 283 -7215
Fax: 905 -641 -5208
www.reglonal.niagara.on. ca
RECEIVED
JUL 7 2008
PLANNING
DEVELOPMEN
Fax; memory
Date: July 7, 2008
Re: Official Plan and Zoning Bylaw Amendment Pages: 4 Including cover page
AM- 2008 -021
5471, 5491, 5507 River Road
Please
Reply
No. 3215 P. 1
Please Recycle
Good afternoon,
Please find Regional comments on the above noted application. Comments regarding
Regional Infrastructure (Public Works) will be forwarded as a separate letter once they
area finalized.
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 of this
facsimile is strictly prohibited, If you have received this facsimile in error, please Immediately notify us by telephone
so that we may arrange the return of the original transmission. Thank you.
Jul, 7, 2008 12:02PM REGIONAL PLANNING
Niagara Region
July 7, 2008 Files: 0,10,M.11.23
D.10.M.11.21
Mr. Andrew Bryce
Planner 2
City of Niagara Fails
4310 Queen St., 2 Floor
Niagara Falls, ON
L2E 6X5
Dear Mr. Bryce:
Re: AM- 2008.021, Official Plan and Zoning By -law Amendment Applications
Proposed 6 7 Storey Apartment Dwelling
5471, 5491, 5507 River Road
City of Niagara Falls
Regional Development Services staff has reviewed the information circulated for the
above noted Official Plan and Zoning By -law Amendment applications, The purpose of
the Official Plan Amendment is to change the designation of the property from Tourist
Commercial to Residential with a Special Policy Area, The Zoning Bylaw Amendment
application proposes to rezone the property from the Tourist Commercial (TC) zone to a
site specific Residential Apartment (R5E) zone. The amendments will facilitate the
development of a 6 to 7 storey, 119 unit apartment dwellings with underground parking.
Previous applications were submitted to develop a 29 storey, 250 unit apartment building
on the property. The application was approved by City Council and forwarded to the
Region for approval. However, Regional staff recommended that the Regional Planning
and Public Works Committee not support the application. The principle Issue of concern
was the proposed height and density of the development, The applicant abandoned the
proposal and the property was sold. The new owners are proposing a revised
development that is lower in height and density in order to address concerns raised with
the previous proposal.
Regional staff offers the following Provincial and Regional comments to assist the City in
considering the proposed development.
Building Community, Building Lives.
No. 3215 P. 2
PUBLIC WORKS DEPARTMENT
Development Services Division
2201 St. David's Road, P.O, Box 1042
Thorold, ON L2V 4T7
Tel: 905.904 -3630
To I I.free:1.800- 263 -7215
Fax: 905- 641.5208
www.regional,niagara.on.ca
Jul, 7, 2008 12 02F REGIONAL PLANNING
No 3215 P. 3
General Land Use
The subject property is located within the Urban Area Boundary for the City of Niagara
Palls according to the Regional Policy Plan. The Urban Area policies provide for a
range of industrial, commercial, and residential uses. The Regional Policy Plan,
Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan ail contain
polices that support intensification in the urban area where appropriate levels of
services and infrastructure exist. Municipalities are encouraged to develop a diverse
mix of land uses, a range of housing types and densities, Including affordable housing,
and easy access to local stores and services, Transit supportive, pedestrian friendly
urban environments are encouraged to improve transportation choice and accessibility,
The amendments are proposed to facilitate the redevelopment of several adjacent
properties in an area where a residential neighbourhood meets the City's tourist area.
The properties are within a developed portion of the City where existing Infrastructure is
available to service the proposed development. The proposed development will develop
the subject lot at a higher density providing for a more efficient use of urban serviced
and and infrastructure through intensification, A variety of apartment styles are
proposed, which provides an opportunity to improve the range of housing choices for
residents with a variety of lifestyles and Income groups, The City's Central Tourist
Commercial District is located nearby where a number of services and amenities are
available. Future residents will benefit from easy "pedestrian" access to nearby
services and amenities. Transportation choice is improved as residents will have the
option to access nearby amenities and services as pedestrians or cyclists. Transit
services are available in the area, which further enhances transportation choice and
improves accessibility. Given all of this, the proposal represents an opportunity for
redevelopment that makes efficient use of land and infrastructure, and improves
housing and transportation choice, as supported by Provincial and Regional policies.
The subject lands are identified in the City's Official Plan as being In a Community
Improvement Area that is included In the Region's Development Charges
Waiver /Exemption Program for the City's central area. The proposed development may
take advantage of financial incentives that are available through Regional and City
programs to stimulate redevelopment.
Regional Public Works
Comments related to Regional infrastructure will be provided under a separate letter
once Regional staff finalizes its technical review.
Conclusion
The proposal provides an opportunity for intensification in the urban area that will make
efficient use of land and infrastructure and offer additional housing choice. The location
of the property will provide future residents with easy access to nearby services and
amenities, and improve transportation choice. Regional Development Services staff
has no objection to the proposed amendments from a land use perspective provided
Jul, 7, 2008 12:03PM REGIONAL PLANNING No, 3215 P. 4
that any issues that may be related to Regional infrastructure are addressed. The City
should be satisfied that any local issues are adequately addressed.
Given the site specific nature of the application, the Official Plan Amendment Is exempt
from Regional approval in accordance with the Memorandum of Understanding with
Area Municipalities.
If you have any questions or wish to discuss these comments, please contact Sue
Mabee, Planner, or Peter Colosimo, Transition Manager, Development Services
Division.
Please send notice of the City's decision with regard to this application.
Yours truly,
Sue Mabee
Planner
shit/
Cc: Mr. W. Stevens, Regional Public Works
Z:\MSWORD \SM \NIAGARA FALLS \OPA \5471, 5491, 5507 R1ver Road\Comments.doc
Jul,
2008 3: 15PM NIAGARA PARKS ENGINEERING No. 3362 P. 1
Niagara
Parks 1+1
An spent, of the Government of Ontario since, I883
Jilt) Williams
Chairman
Mr. Alex Herlovitch
Director of Planning and Development
City Hall
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Sir:
RECEIVED
JUL 3 2008
PLANNING
DEVELOPMENT
RE: AM -2008 -021
PROPOSED APARTMENT DEVELOPMENT, RIVER ROAD
This latest proposal has yet to be brought before The Niagara Parks Commission (NPC)
however staff have reviewed the proposal and have no objections. The NPC will however
require certain permits and agreements for such things as utility crossings and landscaping
that the proponent has shown on lands owned by the Commission.
We would appreciate a copy of the council's decision.
Yours truly,
TF1 E NIAGARA PARKS COMMISSION
P.O. Box 150, Niagara Falls, Ontario, Canada 1.2E 6T2
Weil Site: www.niaearanarks.com
Engineering
Dave Gillis
Phew. 905/355 -2241, ext. 260
Fax: 905[356 -7262
E -Mail: npceng @niagaraparks.com
July 3, 2008
Dave Gillis, MC1P, RPP
/cr Manager Planning Properties
John Kernahan
General Manager
Regatta 11W: HMG. FALLS CLERKS )08 O 03 1 4()O
CiiKyr Indic ANI1=30101-211 Nn 'Fans mime PdattantAip
7 ittiony (pit Itrooddiqg mg.
Planning
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fleMakiia a: 405 it Otter Stwit;,14iiaviral. (0)ftaltio
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RECEIVED
JUL if 2008
PLANNING
DEVELOPMENT
Re: AM 2008 021
RECEIVED
JUL 7 2008
PLANN
DEVELOPMENT
July 7, 2008
This letter follows a conversation with the Planning Dept.'s
Mr. Andrew Bryce, concerning the proposal for an amendment
on the above plan.
My concerns:
1.will River Rd. have to be blocked while doing construction
since there is "0" setback?
2. Will there be blasting or ram on the bedrock
3. Are there provisions by the City or developer for collateral
damage to nearby properties
4. Why is there a "0" setback.
5. Has the Shell Koff collapse on the American side opposite
this site in 1956 been considered
6. Does the Strabag hydo project being delayed 4 yrs. not
highlight the irregular rock bed situations in this city
Barratt Spun Concrete Poles Ltd., install all the concrete lighting
poles along River Rd. and the rest of Niagara Palls. The poles on River
Rd. had to be attached to the wall for the most part, as there was very
little over burden all along this route.
1 would appreciate it if these concerns are considered carefully
before the City makes any changes to the Official Plan and Zoning
Bylaws. This large structure in general does not blend with this area
to begin with, never mind the structural Iroblems.
Thank you for your time..
Bill Barratt,
Property owner: Lot 81, 4450 Philip St., Niagara Palls, On
Barratt Construction Co. Ltd.
1
pr j e
Schoellkopf plant in operation c. 1950.
Start of the Gorge collapse—June 7, 1956.
The collapse!
s
The aftermath! June 12, 1956.
1149194.:2
07 July 2008
City Hall
4310 Queen Street
Niagara Falls, ON L2E 6X5
ATTENTION: Alex Herlovitch Director of Planning Development
Dear Mr Herlovitch:
Re City File AM- 2008 -021 Niagara Falls Pointe Limited Partnership
We are writing to express our opposition to the proposed development on River Road
between Philip Street and John Street.
The proposed development is not in keeping with the character of the neighbourhood
and will have a negative impact on the surrounding residents
Please ensure that we are notified of the status of the proposed Official Plan and Zoning
By -Law amendments.
Thank you.
Sincerely,
Dean and Leila Cruikshank
Dean and Leila Cruikshank
7688 Wilson Crescent
Niagara Faffs, o(V L2G 4S4
(905) 371-9781
RECEIVED
JUL -72008
PLANNING
DEVELOPMENT
(Lq;i'C L7
4468 Philip St.
Niagara Falls, ON
L2E 1A6
July, 7, 2008
Director of Planning and Development
City Hall, 4310 Queen St.
Niagara Falls, ON
L2E 6X5
Reference: AM- 2008 -021
Dear Sir/Madam:
I am writing this letter in response to the request for amendments as per
city File AM- 2008 -021 that would permit the construction of a 7 storey, 119 unit apartment
building on River Road between Philip and John Streets.
As a resident of Philip Street, and life -long resident of Niagara Falls, 1 am asking that
City Council not approve this plan. 1 ask that you continue to protect our beautiful Niagara
River Parkway by adhering to the current height restriction of four stories, and to respect the
unique character of this older residential neighbourhood.
Sincerely,
Please note that I wish to be notified of the adoption of the proposed amendments.
Debra Jackson
RECEIVED
JUL 7 2008
PLANNING
DEVELOPMENT
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Director of Planning Development
City Hall
4310 Queen Street
Niagara Falls, ON L2E 6X5
RE: City File: AM- 2008 -021
Please be advised that I am opposed to the application to permit the building of a 7 storey apartment
building at 5471 River Road (and adjacent lands)
Leslie Khan
Leslie Khan
4325 Bampfield Street
Niagara Falls, ON L2E 1G7
July 6, 2008
L 1f
RECEIVED
JUL 7 2008
PLANNING
DEVELOPMENT
4434 Philip St.
Niagara Falls, ON
L2E 1A6
July, 7, 2008
Director of Planning and Development
City Hall, 4310 Queen St.
Niagara Falls, ON
L2E 6X5
Reference: AM -2008 -021
Dear Sir/Madam:
RECEIVED
JUL 8 2008
PANNING
DEVELOPMENT
I am writing this letter to oppose the request for amendments as per
city File AM -2008 -021 that would permit the construction of a 7 storey, 119 unit apartment
building on River Road between Philip and John Streets.
I will be adversely affected by this project as it will be built directly beside my property
blocking the view of the gorge that I currently enjoy along with my guests who stay at my bed
and breakfast. I suggest that City Council not approve this plan and adhere to the current height
restriction of four stories.
Sincerely,
Susie Ong
Please note that 1 wish to be notified of the adoption of the proposed amendments.
(7/10/2008) Yvonne Blais Fwd, Fw Apartment River Road John St.
From: Alex Herlovitch A (A
To: Yvonne Blais
CC: Andrew Bryce; Ken Mech
Date: 7/10/2008 10:06 AM
Subject: Fwd: Fw: Apartment River Road John St.
Yvonne
Can you please include this as a response from the Public for AM- 2008 -021 and forward a copy to Clerk's at the
appropriate time,
Thanks
Alex
"Janice Wing" <ianice wino @cogeco.ca> 7/10/2008 9:59 AM
Hi Italia,
I am forwarding this to you, as per Rev Buckingham's request. I am copying it to Planning, as well as Members of Council, so that
all whom should probably receive these comments do.
janice
Original Message From: Marya Buckingham (mailto :mbuckin1 becon.orq
To: Janice Wing mailto:janice wing @cogeco.ca
Sent: Wednesday, July 09, 2008 11:34 PM
Subject: Apartment River Road John St.
RECEIVED
JUL 10 2008
PLANNING
DEVELOPMENT
Dear Janice,
I am unable to respond to a letter from Italia M. Gilberti of Broderick and Partners as they do not appear to have an E -mail
address,/ have been away and unable to have the time to get a fetter to them.
Since I am unlikely to return from an appointment in time for the meeting tomorrow night, July 10,2008, I hope you can get this
information to them.
These are the concerns I would like to present were I to attend:
Since the closure of McDougall Avenue in our neighbourhood, Eastwood Cres. has frequently become a traffic nightmare. It is
doubtful Residents of any apartment located at the proposed site are going to use streets other than Eastwood when accessing
Victoria Avenue in order to reach Ferry Street, Clifton Hill, the Highway ramp to Roberts Street or use it as a preferred access to go
North on Victoria Ave Thus traffic volume and high speed on Eastwood, a family neighbourhood that can include children playing,
skateboarding etc, is of dire concern.
Regarding the volume /congestion and noise on Eastwood
The street is used by trucks, cars, tour buses, taxis, motorcycles, service vehicles and Police. It can be so noisy that conversation
on the street or a verandah has to be paused while a vehicle goes by Congestion has been steadily increasing. Presently it is
becoming a regular occurrence to have 3 -7 cars waiting to turn onto Victoria at various times of day Westbound traffic can
become quite heavy here.
Of greatest concern is that this is a very winding street with many blindspots both for East and West bound traffic. Eastbound traffic
has frequent tourists passing through, often distracted trying to find their way It is also used as a bypass from Roberts Street to
avoid Victoria Avenue and as an access to Palmer and Ontario Avenues by people heading downtown to work have personal
knowledge of this). Excessive speed is common place and even very noticeable with westbound Police vehicles, the latter,
understandably with lights flashing. Flashing lights do not reduce the serious hazard of high speed (60 +KMPH) especially if there is
a lineup to access Victoria Avenue which is not very obvious because of the curve at the top of the street. Parking for deliveries to
the Jade Garden Restaurant pose another obstacle at that point in the turn.
I have seen several instances where a head on collision was seconds short of occurring.
My expectation is that this construction project will go through or else another will only come along. So, I respectfully request that
an in -depth traffic study be done, that consideration be given to installing speed grids or other traffic quieting measures on
Eastwood Avenue, an investigation into whether McDougall Avenue could be fully or partially (from College Street perhaps) re-
opened even as a one way street. I do not wish to see reduced street parking since Rentals are common here and not everyone
has adequate parking for tenants and/or guests. Some parking areas could be removed where they create blind spots (e.g. on the
S.E. corner of Eastwood and College Streets, and a tree at the same location for the same reason.
Finally, I question the number of units in the proposed project simply because of the volume of traffic in our neighbourhood and on
River Road. This is a quiet, family area with some historic importance, and an attractive place to live. I hope that this atmosphere
may be maintained by thoughtful traffic distribution and increased safety and tranquility for all.
Please feel free to copy this E -mail or use the information herein as you see fit.
Page 1 1
(7/10/2008) Yvonne Blais Fwd Fw• Apartment River Road John St. Page 2
Thank-you for your atttention to this matter,
Sincerely,
Marya F Buckingham,
4674 Eastwood Avenue
Niagar Afalls, On
L2E 1B5
905-356-5228
mbuckin1abecon.orq
I am using the free version of SPAMfighter for private users.
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Try SPAMfighter http://www.spamfighter.com/len for free now!
j 4 .4 2 4) ijoLtal VIALS 2 'r1
Mr F John Theresa Prentice
4413 John St
Niagara Falls, ON L2E 1A4
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July 21, 2008 PD- 2008 -64
Niagarapalls
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
Re: PD- 2008 -64
AM- 2008 -005, Zoning By -law Amendment Application
5058 Huron Street
Applicant: Antonio Maiolo
Agent: Brian Sinclair, Q.C.
Recognition of an Existing Apartment Building
RECOMMENDATION:
That Council approve the Zoning By -law amendment application to change the zoning of
the subject land to a site specific Residential Apartment 5E Density (R5E) zone as detailed
in this report, to recognize the existing 2 '/2 storey, 5 unit apartment building
BACKGROUND:
The applicant has requested an amendment to By -law No. 79 -200 for a 362 square metre
(3900 square foot) parcel of land known as 5058 Huron Street, as shown on Schedule 1.
The land is zoned Residential Single Family and Two Family (R2) which permits single
detached, semi detached and duplex dwellings. The zoning of the land is requested to be
changed to a site specific Residential Apartment 5E Density (R5E) zone to recognize the
existing development which has lesser lot frontage, front and rear yard depths, side yard
widths, landscaped open space and parking and greater lot coverage than the standard
requirements.
When the applicant purchased the property eight years ago the existing 2 '/2 storey
apartment building had four units. The applicant converted extra space to a fifth unit
approximately a year ago The applicant is requesting the existing apartment building on
the property be recognized No changes to the building or site are proposed. Schedule 2
shows details of the existing development.
Surrounding Land Uses
The subject land is surrounded mainly by single detached dwellings however some multiple
unit dwellings also exist in theareja. A park exists one block to the west of the subject land.
Working Together to Serve Our Community
Community Services Department
Planning Development
July 21, 2008 2 PD- 2008 -64
Circulation Comments
Regional Municipality of Niagara
The proposal conforms to Provincial and Regional policies that support
residential intensification and the provision of affordable housing.
Transportation Services
No objections to the provision of 3 parking spaces for the 5 dwelling units.
Staff is not aware of any on- street parking issues and, as the apartment
building is close enough to transit routes, tenants may not need a private
vehicle. However, staff will not authorize permits for overnight on- street
parking from tenants.
Fire Services
No objections, however staff noted during a Fire Inspection that construction
was occurring in one unit. This unit was not inspected and should not be
occupied prior to issuance of a Building Permit
Municipal Works, Parks, Recreation and Culture, Legal Services
No objections.
Planning Analysis
1 The proposal complies to the Official Plan.
The and is designated Residential by the Official Plan. Residential lands in a close
proximity to commercial areas, transit routes, schools and parks can be developed
with low rise apartment buildings.
Although the apartment building predates the Official Plan, it generally conforms to
the above noted criteria The site is close to the Central Business District and
commercial areas along Victoria Avenue Several transit routes run along Victoria
Avenue, Bridge Street and Morrison Street, all within a few blocks of the land. A
park exists across the street and two schools are within walking distance. Ample
services are readily available to residents of the apartment building within walking
distance.
The apartment building is developed at a density (137 units per hectare or 55 units
per acre) higher than what is permitted by the Official Plan in this location
However, other policies allow a non complying use of land to be zoned to recognize
the use if surrounding lands are not adversely affected. As the apartment building
has achieved a degree of compatibility with adjacent properties, its recognition will
have no adverse effect on the neighbourhood.
July 21, 2008 3 PD- 2008 -64
2 The requested zoning is appropriate.
The applicant has requested an R5E zone because it reflects the density of the
existing development. The following site specific revisions reflect the property's size
and the siting of the existing building.
A reduction in lot frontage from 35 metres (115 feet) to 29 metres (95 feet)
A reduction in front yard depth from 7.5 metres (24 8 feet) to 1.2 metres (3.9
feet)
A reduction in rear yard setback from 10 metres (32.8 feet) to 1 7 metres (5.6
feet)
A reduction in the interior side yard setback from 2.43 metres to 2 4 metres
(7.9 feet)
An increase in lot coverage from 30% to 44%
A decrease in landscaped open space coverage from 50% to 26
The R5E zone permits an apartment building up to 25 metres (82 feet) in height.
To ensure the height of the building is not increased, staff recommend the
amending by -law limit the building's height to its current height of 7.3 metres (24
feet)
The applicant has also requested a reduction to the number of required parking
spaces (from 7 spaces to 3), and has requested a reduction in the parking space
and maneuvering aisle widths (from 2.75 metres or 9 feet to 2.3 metres or 7 5 feet,
and from 5.2 metres or 17 feet to 3.6 metres or 11.8 feet, respectively). These
reductions reflect the existing parking configuration. A fourth spot is shown on
Schedule 2 as being on the property, but cannot be counted because it is partially
located off -site on the road allowance (paved boulevard).
Staff is not aware of any parking problems being created by the apartment building.
The applicant provided letters from some of the tenants noting that no parking
problems exist. Given the affordable nature of the housing and its close proximity
to commercial areas and transit routes, it appears that some of the tenants may not
need vehicles As no problems appear to be created by the current parking layout
it is appropriate to recognize it. It should be noted that one of the units will not have
a space, and the owner should advise future tenants that on- street parking is not
available for required parking
CONCLUSION:
The proposed Zoning By -law amendment to recognize the existing apartment building can
be supported for the following reasons:
it complies with the Official Plan;
July 21, 2008 4 PD- 2008 -64
the requested site specific zoning will recognize the siting of the existing building,
and
the reduction of the required parking recognizes the existing situation and does not
appear to create any parking problems.
Recommended by:
Approved by.
Respectfully submitted
Alex Herlovitch, Di ctor of Planning Development
John
Ed Dujlovic, Execitive Director of Community Services
A.Bryce.mb
Attach.
S \PDR\2008 \PD- 2008 -64, AM- 2008 -005, 5058 Huron St, Antonia Maiolo wpd
cDonald, Chief Administrate Officer
Sum Land
Schedule 1
LOCATION MAP
Location: 5058 Huron Street
Applicant: Antonio Maiolo
Amending the Zoning By -law No. 79 -200
AM- 2008 -005
July 2008
I N
Z LOT
U
0I
I
i
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30.523 (MEAS.) 30.45 (03) y
1 Z 1 B(W)T)
8 I 1.219 N
0 N
N O0
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4 P
I N N
rn
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cc
Re- Zoning Site Plan
Scale 1 100
30.523 (MEAS.) 30.48 (03)
N59° 15'W (REFERENCE BEARING)
56
N89° 1 3'35 "W (MEAS.)
1 (P I
29 675 (MEAS.)
Existing Lower
Porch
HURON STREET
(FORMERLY OAK STREET BY F I
tri
Exist<ng Uppeif Balcony
4 Lower Porcp
1
Existing
3 Storey 5 Unit
Brick Apartment Building
29 675 (MEAS
9 I 44 (P I MEA5.)
29 719 (01)
29.719 (011
LOT
9) 44 (P I t MEAS.)
i
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i
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Existing
Parking
Area
.0
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9
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3 1 242 (02 s 5ET)
39
3 1 242 (o 1 02 SET)
cc
(3/28/2008} Andrew Bryce ZBLA 5058 Huron St
From:
To:
Date:
Subject:
Andrew
"Colosimo, Peter" peter .colosimo @re9ionaLniagara.on ca>
"Andrew Bryce" <abryce @niagarafalls.ca>
3/18/2008 3:53 PM
ZBLA 5058 Huron St
Re. Zoning By -law Amendment Application
5058 Huron Street
Antonio Maiolo
City File: AM- 2008 -005
City of Niagara Falls
The subject property is within the Urban Area according to the Regional
Policy Plan. The Regional Planning and Development Department has no
concerns with this application as the proposal conforms to Provincial
and Regional policies that support residential intensification and the
provision of more affordable forms of housing. However, there may be
local planning issues to be met to the satisfaction of the City
Peter Colosimo, MCIP, RPP
Senior Planner
Regional Niagara Planning Development Department
2201 St David's Road, P O Box 1042
Thorold, ON L2V 4T7
Phone 905 984 3630, ext. 3382
Fax: 905 641 5208
E -Mail: peter colosimo @regional.niagara.on.ca
<mailto:peter colosimo @regional.niagara.on.ca>
RECEIVED
MAR 2 8 2008
PLANNING
DEVELOPMENT
Planning
L s cannd /1
The 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,
Jul -15 -08 12:31pm From -Brian Sinclair QC
+9053567772
RECEIVED'
FAX TRANSMISSION SHEET JUL 15 2008
DATE: July 15, 2008 PLANNING
DEVELOPMEN
TO: City of Niagara Falls
Attention: Mr. Andrew Bryce
Fax Number: 905 -356 2354
FROM BRIAN SINCLAIR PROFESSIONAL CORPORATION
Brian Sinclair, Q.C.
Barrister Solicitor
6617 Drummond Road
Niagara Falls, Ontario L2G 4N4
Fax 1 -905 -356 -7772
RE:
COMMENTS:
Zoning By -law Amendment Application
Antonio Maiolo 5058 Huron Street
NO. OF PAGES 2 (including this page)
T -279 P 001/002 F -466
OcAs
d
If you do not receive the above number of pages, please contact Annette by
t at (905) 356 -7755 or by fax at (905)356 -7772.
Further to our telephone conversation in connection with the above matter,
enclosed please find copy of letter forwarded to the neighbours for your
information.
THIS TRANSMISSION IS INTENDED FOR THE ADDRESSEE ONLY. IT MAY CONTAIN
PERSONAL, PRIVILEGED OR CONFIDENTIAL INFORMATION. ANY UNAUTHORIZED
DISCLOSURE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THYS TRANSMISSION IN ERROR, PLEASE CALL OUR OFFICE
IMMEDIATELY AT THE NUMBER LISTED ABOVE AND THEN DESTROY THIS TRANSMISSION.
Jul -15 -08 12:31pm From -Brian Sinclair QC
July 2, 2008
TO: All property owners in the neighbourhood of
5058 Huron Street, Niagara Falls
RE: Antonio Maiolo
Zoning By -law Amendment Application
5058 Huron Street, Niagara Falls
In connection with the above matter, my client has brought an
application to the City of Niagara Falls for a zoning by -law
amendment application with 'respect to`'the above property. The
zoning is to recognize its present use as a five unit apartment
building.
We are having a meeting at City Fall in Committee Room 2 in the
basement on Thursday, July 17, 2008 to have you look over our plans
in connection with this matter and, hopefully, we can answer any
questions or problems that you have at that time.
If you are interested in attending the meeting, we look forward to
seeing you at that time.
Yours faithfully
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIAN N. SINCLAIR, 0.0.
Barrister and Solicitor
6617 Drummond Road
Niagara Falls, Ontario
L2G 4N4
BRIAN SINCLAIR PROFESSIONAL CORPORATION
TEL: (905) 356 -7755
FAX: (905) 356 -7772
+9053567772 T -279 P 002/002 F -466
RECEIVED
JUN 2 7 2008
PLANNING
DEVELOPMENT
June 25, 2008
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIAN N. SINCLAIR, Q.C.
Barrister and Solicitor
6617 Drummond Road
Niagara Falls, Ontario
L2G 4N4
Mr. Andrew Bryce, Planner 2
Planning and Development
City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
NIAGARA FALLS, Ontario
L2E 6X5
Dear Sir:
Re: Antonio Maiolo
Zoning By -law Amendment Application
5058 Huron Street
Your File No.: AM- 2008 -005
Further to your request in connection with the above -noted matter,
enclosed please find Statutory Declaration of Antonio Maiolo, which
may be of assistance to you.
If you would like to go through the premises, you will find that
any work that has been completed has been done in an expert
fashion. You can arrange an appointment with Tony Gallo of Re /Max
Niagara Realty Ltd., whose business telephone number is 905 -356-
9600, and whose cell telephone number is 905- 329 -3027.
Yours faithfully
BRIAN SINCLAIR PROFESSIONAL CORPORATION
Bria'6 nElair, Q.C.
Enclo ures
TEL: (905) 356 -7755
FAX: (905) 356 -7772
c.c. Mr. Tony Gallo (by facsimile)
Mr. Tony Maiolo
vim∎
CL4 �n�r \1
CANADA IN THE MATTER OF the title to
PROVINCE OF ONTARIO Part Lots 38 57, Plan
Regional Municipality of Niagara 313, being 5058 Huron Street,
Niagara Falls, Ontario
To Wit:
I, Antonio Maiolo
of the City of Niagara Falls
in the Regional Municipality of Niagara
SOLEMNLY DECLARE, that
1. I, and my wife, Barbara Maiolo, are the registered owners of
the above -noted property.
2. We purchased this property approximately eight years ago and
at that time the building consisted of four units.
3. On or about last year we had a huge amount of waste space that
was not being used and I used this space to create another
apartment, which is now rented successfully.
4. The building is totally rented and all of the tenants are
completely satisfied with the parking arrangements.
AND I make this solemn Declaration conscientiously believing it to
be true, and knowing that it is of the same force and effect as if
made under oath.
DECLARED before me at the City
of Niagara Falls, in the
Regional Municipality of Niagara 1
this 25 day of June,2008 Antonio Maiolo
A Commissioner, etc.
July 21, 2008 PD- 2008 -66
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members.
RECOMMENDATION:
NiagJips
cn�n�n
Re: PD- 2008 -66
AM- 2008 -019, Zoning By -law Amendment Application
9130 Chippawa Creek Road
Applicant: John and Irma Belme
Proposed Single Detached Dwelling
That Council approve the Zoning By -law amendment application to add a single detached
dwelling to the list of permitted uses on the Open Space (OS) zoned portion of the lands
and to adjust the boundary of the OS and Hazard Land (HL) zones to reflect current flood
plain mapping.
BACKGROUND:
The applicants have requested an amendment to Zoning By -law No. 79 -200 for a 1.3
hectare (3 3 acre) parcel of land known as 9130 Chippawa Creek Parkway, as shown on
Schedule 1. The land is zoned Open Space (OS), in part, and Hazard Land (HL), in part.
Neither zone permits a dwelling. The applicants are requesting a single detached dwelling
to be site specifically added to the list of permitted uses on the portion of the land zoned
OS. In addition, the boundary of the OS and HL zones is proposed to be modified to
reflect current flood plain mapping A legal non conforming single detached dwelling exists
on the property.
The applicant proposes to demolish this dwelling and construct a new dwelling. Schedule
2 shows details of the development.
Surrounding Land Uses
The Welland River lies to the south Several single detached dwellings abut the subject
land to the east. The land to the west is vacant. Lands to the north (on the north side of
Chippawa Creek Road) are used for heavy industrial purposes, however these uses are
set back a considerable distance from Chippawa Creek Road.
N iagara Fall, ON; Cana 1L2E�t X5 X905 356 7
Working Together to Serve Our Community
Community Services Department
Planning Development
July 21, 2008 2 PD- 2008 -66
Circulation Comments
Niagara Peninsula Conservation Authority (NPCA)
The proposed development appears to be set back 30 metres (98.4 feet)
from the Welland River, which is in conformity with the regulations regarding
setbacks from fish habitats NPCA has no concerns about the dwelling's
siting.
No concerns about rezoning a portion of the property from Hazard Land (HL)
to Open Space (OS), however the portion of the property below the
regulatory flood plain is to remain under a HL zone.
Regional Municipality of Niagara
The applicant is providing a sufficient setback from the Welland River, which
is a critical fish habitat. No other natural features appear to be affected by
the new dwelling
The wooded areas of the site are protected by the Regional Tree By -law.
Tree removal can only occur around the new dwelling and cannot occur until
a building permit is issued for the dwelling.
The Region's Biosolids Storage Facility is located to the north of the land
There may be periodic emissions of unpleasant odours or noise from the
facility that may affect nearby residents.
The private sewage disposal system is to be constructed in accordance with
Regional and NPCA regulations
Municipal Works, Transportation Services, Legal Services
No objections
Planning Analysis
1. The proposal complies with the Official Plan.
The land is designated Open Space, in part, and Environmental Protection Area,
in part. Open Space lands are intended to be used for a variety of recreational
purposes, parks and cemeteries In addition, estate residential development
existing at the time of adoption of the Official Plan is to be recognized.
Environmental Protection Areas are to be protected to preserve environmental
features and land susceptible to flooding.
The proposed zoning amendment complies with the Official Plan as follows.
The property is already used for residential purposes and would be
considered an existing estate residential property.
The proposed dwelling is to be set back further from the Welland River than
the existing dwelling, thereby moving the use away from environmental
features along the river.
July 21, 2008
The proposed dwelling is located out of the flood plain and is not subject to
any flooding hazard
The actual flood plain will be appropriately identified and protected
2. The requested zoning is appropriate
The applicant has requested that a single detached dwelling be site specifically
added as a permitted use in the Open Space (OS) zone that applies to part of the
property. The applicant wishes to replace the existing detached dwelling with a new
dwelling.
The by -law should contain regulations requiring the dwelling be set back 30 metres
(98 4 feet) from the Welland River to ensure NPCA's requirements regarding
protection of the river's fish habitat are achieved No other zoning changes are
required to accommodate the proposed dwelling.
The Hazard Land (HL) zone is used to identify lands that are prone to flooding and
to prohibit them from being developed. According to Niagara Peninsula
Conservation Authority (NPCA) the HL zone boundary that applies to this land is
based on outdated mapping Adjusting the zone boundary between the HL zone
and the OS zone to reflect the NPCA's current 1:100 year flood line will prohibit
construction on lands subject to flooding.
CONCLUSION:
The requested amendment will permit the existing dwelling to be replaced by a new
dwelling and more accurately identify the flood plain. The proposal complies with the
Official Plan and is supported by staff and circulated agencies.
Recommended by:
Approved by
Respectfully submitted:
A. Bryce: m b
Attach
RtAz /AAA, LQ-
S \PDR\2008 \PD- 2008 -66, AM- 2008 019,9130 Chippawa Crk Rd.wpd
3 PD- 2008 -66
Alex Herlovitch, Director of Planning Development
Ed ,lovic, Executive Director of Community Services
s..
MacDonald, Chie dministrative Officer
Subject Land
Schedule 1
LOCATION MAP
Location: 9130 Chippawa Creek Road
Applicant: John and Irma Belme
Amending the Zoning By -taw No. 79 -200
L op
-City ui`ia{ar°a
AM- 2008 -019
July 2008
Par
t\J
06/24/2008 TUE 14:39 FAX 905 788 1121 Nia. Cons. Auth. 444 Niagara Falls PL /PW /EN Z001/001
NIAGARA PENINSULA
CONSERVATION
25o Thorold Road West, 3rd Floor Tel (9o5) 7
Wetland, Ontario L3C 3W2 Fax (9o5) 788•nza
E-mail: npcaOconservation niagara.an.ca
June 24, 2008
File MPR. 9.20
Planning and Development
City of Niagara Falls
Planning and Development
4310 Queen Street, 2 floor
Niagara Falls, ON L2E 6X5
Dear Mr Brice,
Subject: Zoning By -Law Amendment
9130 Chippawa Creek Road
Further to our review of the above noted file, we offer the following comments for your information.
This application has been made to amend the zoning on the above noted property to permit the construction of a new
single detached dwelling and septic system We note that there is an existing dwelling and septic system on the
property that will be removed.
The subject property backs onto the Welland River and is impacted by the floodplain associated with this
watercourse. As such, all new development on this property will be subject to the Authority's Regulation of
Development interference with Wetlands and Alterations to Shoreline and Watercourses" (O, Reg. 155/06). These
policies require that all new development and site alterations be located outside of a regulatory floodplain. The
regulatory flood elevation for this property is 172.45m GSC. All new development and site alterations (including
regrading works) must be located above the elevation to be located outside of the floodplain.
Our mapping also indicates that there are two small areas that are classified as wetlands, The Conservation
Authority notes that the areas showing as wetland have historically been disturbed (by the construction of the existing
dwelling and septic system). As such, the Conservation Authority feels that these wetland pockets no longer exist.
This section of the Welland River has been classified as a Type 1 Critical Fish Habitat. This designation identifies the
presence of sensitive species and /or habitat. A development setback buffer of 30m measured from the edge of the
watercourse is required for all new development. The site plan submitted with this application indicates that the
closest point of development will be approximately 100ft (30m) back from the bank of the river (which is further from
the river than the existing development)
To conclude, the Conservation Authority does not object to this application or to the proposed development. We do
however request that the lands within the floodplain (lands below the elevation of 172.45m GSC) be kept in a Hazard
type zone which prohibits development and site alterations.
I trust the above will be of assistance to you. Please do not hesitate to call should you have any further questions in
this matter.
Yours truly,
rIcuoi:k
Sarah Mastroianni
Watershed Planner (ext. 249)
SJM
Cc: Ms. Sue Maybe, Regional Niagara Planning Department
RECEIVE[
JUN 2 4 2008
PLANNING
DEVELOPMEN
Jun 25 2008 10 REGIONAL PLANNING
RECEIVED
JUN 2 5 2008
PLANNING
DEVELOPMENT
Fax Transmittal
To
From:
Re:
CC:
Andrew Bryce
Planner 2
Sue Mabee
Planner
Zoning Bylaw Amendment
9130 Chippewa Creek Road
City of Niagara Falls
Belme
Niagara ,J�f Region
Urgent O Review Please Comment
Sue
PUBLIC WORKS
Development Services Division
2201 St. David's Road, P,O. Box 1042, Thorold ON L2V 4T7
Tel: 905- 984.3630 Toll-free: 1. 800. 263 -7215
Fax 905 641.5208
www.regional.nlagara.on,05
Fax; memory
Date: June 25, 2008
CI Please
Reply
Good morning,
Please find Regional comments on the above noted application.
No. 3160 P
Pages; 4 Including cover page
Please Recycle
1
Q
s 'f
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 of this
facsimile Is strictly prohibited, If you have received this facsimile In error, please Immediately notify us by telephone
so that we may arrange the return of the original transmission, Thank you.
Jun.25. 2008 10:44AM REGIONAL PLANNING
NiagaralE`f Region
June 25, 2008
Mr. Andrew Bryce
Planner 2
Planning Development
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
Niagara Falls, ON
L2E 6X5
Dear Mr. Bryce:
No. 3160 P. 2
PUBLIC WORKS DEPARTMENT
Development Services Division
2201 St. David's Road, P.O. Box 1042
Thorold, ON L2V 4T7
Tel; 905 984 -3630
Tol I- free:1 -800.2 63.7215
Fax 905-641-5208
www,regionaI .ni agara,on.ca
File: D.10.M.11.23
Re: AM- 2008.019
Zoning By -Law Amendment Application
To Recognize the Existing Residential Use so to Permit the Reconstruction of a
Single Detached Dwelling
9130 Chippewa Creek Road
City of Niagara Falls
Regional Development Services Division staff has reviewed the information circulated for the
above noted Zoning By -law Amendment application. The property is currently zoned Open
Space (OS) and Hazard Lands (HL) and contains a single detached dwelling. The purpose of
the amendment Is to site specifically add the residential dwelling as a permitted use in the Open
Space zone.
General Land Use
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, The property currently contains a single detached dwelling.
The applicant is proposing to demolish the dwelling and build a new single detached dwelling
that will be serviced by a private septic system. Normally, development proposals within the
urban areas will be dependent on the availability of adequate municipal services. However, the
existing dwelling has been serviced privately as no municipal sewer services are available,
Since the proposal is to reconstruct an existing use, Regional staff has no objection to the
property being serviced by a private septic system. The application indicates municipal water
will be provided to the dwelling.
,Nltural Environment
According to the Region's Core Natural Heritage Map, an Environmental Protection Area and an
Environmental Conservation Area are located on the property. The Environmental Protection
Area is located at the south east and south west portions of the property and represents
Provincially Significant Wetlands. The Environmental Conservation Area covers a significant
Building Community, Building Lives.
Jun. 25. 2008 10:44AM REGIONAL PLANNING
No. 3160
2
portion of the property and represents the valley shoreline buffer and woodiot. In addition, the
property is adjacent to the Welland River, which Is a Type I (Critical) Fish Habitat,
A new residence may be permitted on an existing lot of record located in whole or in part within
an Environmental Conservation Area, Fish Habitat, or on lands adjacent to an Environmental
Protection Area if it is are located, designed, and constructed to minimize negative impacts on
the natural features. Normally, a 30 metre naturally vegetated buffer Is required between
proposed development and a Type I fish habitat.
Based on the information submitted, the proposed dwelling will be located just in front of the
existing dwelling. It appears that the dwelling will be immediately adjacent to the wetland area;
however, the dwelling will not likely have a negative impact on the natural feature since it will be
located in an area has already been disturbed to accommodate the existing dwelling and
accessory structures /uses (Le. septic system, driveway, landscaped yards, accessory
buildings), The Niagara Peninsula Conservation Authority has Indicated the proposed dwelling
location approximately 30 metres from the Welland River which is an increase in the buffer to
the fish habitat over what currently exists.
The property contains a woodiot that is part of a larger woodiot system. Therefore, the Regional
Tree Bylaw will apply to the property. The removal of trees may be permitted to erect any
building, or structure, including yard areas, provided that only those trees necessary to
accommodate the building or structure or yard areas are removed and that protection of trees
surrounding the work within the building envelope has been provided. Please be advised that
no tree removal Is permitted until a building permit has been issued for the works.
Regional Public Works
The property fronts onto Chippewa Creek Road, which Is a Regional Road. In order to provide
the necessary road allowance needed for future pavement expansion and boulevard area, a
three metre road allowance widening across the frontage of the subject property is requested in
accordance with the approved Regional Road Allowance Policy. The requested widening is to
be conveyed free and clear of any mortgages, liens, or other encumbrances.
Chippewa Creek Road is also a designated bicycle route within the Regional Niagara Bicycling
Network Plan, If the bicycle route is currently not established and identified with signage, It Is
the Intent of the Region to make provisions for doing so when an appropriate opportunity arises,
This may Involve additional pavement width, elimination of on- street parking, etc., if required on
thls street section.
The applicant Is advised that no person, other than the Regional tree crew, shall remove a tree
from a Regional road allowance. 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 developer's cost.
The corner of the subject property is located approximately 500 metres from the edge of the cell
of the Regional Garner Road Biosolids Storage Facility, The owner is hereby advised that there
may be periodic emissions of unpleasant odours and noise from the normal or emergency
operations of the facility for an unspecified duration, which may adversely affect nearby
residents,
Jun. 25. 2008 10:44AM REGIONAL PLANNING
The application indicates that the existing driveway is being retained, However, if any changes
are anticipated, Regional Construction Encroachment and Entrance Permits must be obtained
prior to any construction taking place within a Regional road allowance.
There is a Regional 300 mm diameter watermaln along this section of Regional Road 63
(Chippewa Creek Road), which was constructed in 2004. As part of the construction, a service
connection was made for the existing dwelling. Therefore, the applicant shall use the existing
lateral as no new connection to thls watermaln will be permitted,
Survey evidence Is not to be damaged or removed during the development of the property. Any
agreements entered into for the development should include a clause that requires the owner to
obtain a certificate from an Ontario Land Surveyor stating all existing and new evidence Is in
place at the time of completion of the development.
PrivatpServIcing
A sewage permit was issued by the Regional Public Health, department on July 17, 2007 for the
construction of a private sewage disposal system to accommodate a 1 bedroom, 197 square
metre dwelling. The design of the system indicates a 100 foot clearance distance from the
Welland River. The proposed sewage system must be constructed according to the design
submitted, The location of the sewage system must meet the requirements of the Niagara
Peninsula Conservation Authority.
CONCLUSION
The proposed dwelling will replace an existing dwelling at a location that is further from natural
features, such as the Welland River and wetlands; thus, improving the existing situation. The
existing dwelling has been serviced privately as no municipal services are available and a
continuation of private septic services for the new dwelling should not result in a new Issue,
Regional staff has no objections, in principle, to the proposed zoning bylaw amendment;
however, to facilitate the transfer of the requested road widening prior to construction Regional
staff request a H Holding provision be placed on the amending bylaw until such time the
transfer is completed to the satisfaction of the Public Works department. Please send notice of
the City's decision on this application.
Sue Mabee
Planner
ems
3
No. 3160 P 4
Cc: John Irma Belme, 6181 Trillium Cr., Niagara Falls, ON, L2G 7R4
Mr. William Stevens, Regional Public Works
Mr. Bill Hunter, Regional Public Health
Ms, Sarah Mastroianni, Niagara Peninsula Conservation Authority
Z;IMSWORD\SMWIAGARA FALLSIZoning Bylaw AmendmentWM- 2008 -019 9130 ChIppawa Creek.doo
July 21, 2008 PD- 2008 -67
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
Re: PD- 2008 -67
AM- 2008 -016, Zoning By -law Amendment Application
City of Niagara Falls
City Initiated General Amendments to Zoning By -law No. 79 -200
RECOMMENDATION:
That Council approve the updates to the regulations of Zoning By -law No 79 -200, as
outlined in this report.
BACKGROUND:
Zoning By -law No. 79 -200 is the City's comprehensive zoning by -law which regulates the
use of land and the construction of buildings and structures in the north half of the City, as
shown on Schedule 1 Although the by -law has served the City well since it was passed
in 1979, periodic updates have taken place to respond to new development trends as well
as new Corporate priorities
Recent concerns raised by residents and Council have revealed that the Zoning By -law is
in need of further updating to protect the character of low density residential areas Other
changes are proposed to address recent development trends
Circulation Comments
Regional Municipality of Niagara
No objections The proposed
Regional planning interests.
Municipal Works
No objections.
Ni gara Pal Is,
Working Together to Serve Our Community
amendments do not affect Provincial or
Community Services Department
Planning Development
July 21, 2008 2 PD- 2008 -67
Planning Analysis
The following amendments to Zoning By -law No 79 -200 are recommended by staff:
1. Restrictions in the amount of lot area that can be used as a surface parking
area in the Residential Single Family (R1A -R1E), Residential Single Family
and Two Family (R2) and Residential Mixed (R3) zones.
Parking areas in R1, R2 and R3 zones are only regulated in the front yard by
permitting a maximum driveway width of 3 metres (9.8 feet) for lots with frontages
of 9 metres (29.5 feet) or less and a maximum of 35% of the lot frontage (up to a
maximum width of 6 metres or 19 7 feet) for lots with frontages greater than 9
metres There are no controls on parking areas on the rest of the lot. Recent
complaints respecting the parking of an excessive number of vehicles on 6601
Stamford Green Drive and a paved area located in the rear yard of 6335 Crawford
Street have indicated that existing provisions may not be sufficient to restrict the
extent of parking areas on residential lots, affecting the residential character of
these properties
To better regulate parking areas, the following provision is recommended.
Permit a maximum of 30% of the lot to be used as a surface parking area
with the maximum parking area in each yard limited as follows:
in the front yard a maximum width of 50% of the lot frontage, but in no
case more than 8 metres (26.2 feet) in width,
in the exterior side yard, a maximum of 67% of the exterior side yard,
but in no case more than 50 square metres (538 square feet) in area;
and
in the rear yard, a maximum of 40 square metres (430 square feet) in
area.
Schedule 2 shows the effect of these new provisions on a typical single detached
lot with 15 metres (49.2 feet) of frontage and 30 metres (98.4 feet) of depth. The
dwelling illustrated has been shown with the minimum side yard widths and the
minimum front and rear depths permitted The yard restrictions will allow only a
small amount of the rear yard and a modest amount of the front and exterior side
yards to be used for parking.
Permitting up to 30% of the lot area to consist of surface parking, with the yard
restrictions outlined above, provides a reasonably sized parking area for a typical
dwelling. On a lot with 15 metres of frontage, a surface parking area developed to
the maximum standards could accommodate up to six vehicles (two in the front
yard, two in the side yard and two in the rear yard). The proposed standards
should accommodate households where there are more than two drivers and
collector vehicles and recreational vehicles are possessed.
July 21, 2008 3 PD- 200847
The By -law's current surface parking area definition does not specify how this area
is to be surfaced, or what types of vehicles can be parked on it. It is recommended
that a new definition be passed to specify that a surface parking area is surfaced
with concrete, asphalt, stone gravel or equivalent. In addition, a definition for a
vehicle will need to be developed, specifying which types of vehicles can be parked
on residential lots It is recommended that the definition include recreational
vehicles, trailers and boats, but that the storage of these types of vehicles be
restricted to the rear yard.
2 Addition of provisions to the R1A through to R1 E, R2 and R3 zones requiring
a minimum of 30% of the lot area to be in the form of landscaped open space.
Currently there are no requirements for landscaped open areas in the R1, R2 and
R3 zones A minimum amount of landscaping should be required to provide
amenity areas for residents, to contribute to a pleasant neighbourhood streetscape,
and to work in tandem with the surface parking area provisions recommended
above to preserve the character of residential lots.
As buildings and structures are allowed to cover up to 40% of a residential lots, and
parking areas are proposed to be permitted to cover up to 30% of a lot, it is
recommended that a minimum of 30% of the lot area of single detached dwelling
Tots and 30% of the lot area dedicated to each dwelling unit on a semi detached,
duplex or multiple unit (R3) lot be maintained as landscaped open space
Currently, the definition for landscaped open space does not prohibit the parking
of vehicles on grass. To ensure such areas are not used for parking, the following
definition should be implemented
"Landscaped open space" means the open area which is used for the growth
and maintenance of grass, flowers, shrubbery and other landscaping and
includes any surfaced walk, patio, swimming pool or similar area, but does
not include any surface parking area, bus parking area, roof -top area or any
open space beneath or within any building or structure.
3. Restrict the amount of lot area that accessory buildings and structures can
cover in the R1A through to R1E, R2 and R3 zones to 15% of the lot area or
93 square metres (1,000 square feet), whichever is lesser.
Lot coverage provisions in the R1A to R1 E, R2 and R3 zones permit a maximum
of 40% of the lot to be covered by a dwelling and accessory buildings and
structures, which includes detached garages, sheds and decks. However, within
this 40% coverage there are no limits on the size of accessory buildings and
structures. This lack of control may permit the construction of an accessory building
larger than the main dwelling on a large lot with a modest sized dwelling on it.
Accessory buildings and structures on residential Tots are intended to be
subordinate to a dwelling. If accessory buildings and structures are larger than the
main dwelling, the residential character of the property is altered, and surrounding
properties may be adversely affected.
July 21, 2008 4 PD- 2008 -67
It is recommended that a maximum of 15% of the lot area be allowed to be
assigned to accessory buildings and structures, up to an area of 93 square metres
(1,000 square feet) This will permit a detached garage, a shed and a modest
sized deck. The combination of the two proposed standards will keep accessory
buildings and structures to a size smaller than the main dwelling
4 Addition of provisions to regulate model homes (buildings used to display
model choices to potential purchasers of new homes).
The erection of more than one model home in a subdivision is not allowed before
it is registered because Zoning By -law No 79 -200 permits the construction of only
one dwelling per property. In order to provide more options to builders, provisions
are proposed to be added to the by -law that would allow the lessor of 10 or 10%
of the total number of lots in a draft approved subdivision to have model homes
constructed on them.
The provisions would require the model homes to conform to the zone standards
in which they are located and require the execution of an agreement prior to
construction.
A definition of a model home would have to be added to the Zoning By -law
The City has policies and procedures in place that further regulate the construction
of these model homes. A model home is intended for display and is not to be
serviced until it is converted to a dwelling and after the plan of subdivision is
registered.
5 Replacement of the term senior citizen home with a retirement home and
addition of a definition for a retirement home.
By -law No 79 -200 does not define retirement homes or senior citizens homes
The current trend is to call these facilities retirement homes, as it is more
descriptive of their function. It is recommended the term senior citizens home,
permitted as of right under an Institutional (I) zone, be deleted and replaced with
retirement home.
It is recommend the following definition, which clearly outlines the function of such
a facility while noting it is not a multiple family dwelling (where each dwelling unit
would have its own cooking facilities), be added to By -law No 79 -200
"Retirement home" means a residence providing accommodation primarily
for persons or couples with limited physical disabilities brought on by age or
other infirmity for which some degree of physical assistance is required and
where each private living unit has a separate private bathroom and separate
entrance from a common hall, but where common facilities for the
preparation and consumption of food are provided, and common lounges,
recreation rooms and medical care facilities may also be provided
July 21, 2008 5 PD- 2008 -67
6. Addition of a definition of a cottage rental dwelling.
Cottage rental dwellings (a dwelling rented to tourists on a daily or weekly basis)
are another recent land use that has been permitted by the City on a site by site
basis through zoning by -law amendments. Because they are not defined in this by-
law, each amending by -law needs to include a definition. To avoid having to add
this definition in every site specific by -law passed by Council to permit such a
dwelling, it is recommended the following definition be added.
"Cottage rental dwelling" means a single detached dwelling that is rented in
its entirety to one group of travellers at a time for a period of less than 28
days at one time.
This definition (the same as the one used in site specific by -laws) specifically
prohibits the rental of individual bedrooms to different groups of travellers, thereby
avoiding situations where the cottage rental dwellings start to resemble hotel -type
accommodation Council will still have the power to approve requests for cottage
rental dwellings on a site by site basis through site specific zoning by -law
amendment applications.
7. Elimination of minimum floor area requirements for dwelling units in the
Residential Apartment (R5A -R5F) zones.
By -law No. 79 -200 has requirements for floor areas for units in apartment buildings
under the Residential Apartment (R5A through to R5F) Density zones, ranging
from 37 square metres (398 square feet) for a one bedroom unit to 75 square
metres (807 square feet) for a three bedroom unit.
The Ontario Building Code (OBC) regulates the size of dwelling units as well as the
minimum size of rooms and required facilities. With these controls already in place
at a Provincial level, it is unnecessary to include these controls in By -law No 79-
200.
8. Addition of a day nursery as a permitted use in the Institutional (I) and
Neighbourhood Commercial (NC) zones.
Day nurseries are small scale facilities that often locate in the neighbourhood
serving facilities, schools or community centres. Although a day nursery is
permitted in most commercial zones it is not permitted in the NC zone which is
intended to provide services at a neighbourhood level. It also is not permitted in the
zone, which permits uses such as schools and community centres
As they provide a valuable service to working parents, it is desirable and
appropriate to include day nurseries under both zones. In the NC zone the use will
be kept at a scale compatible with other permitted uses by a floor area cap of 230
square metres (2,479 square feet). In the I zone, they can be provided with other
permitted compatible uses such as schools and community centres without a size
limit.
July 21, 2008
CONCLUSION:
6 PD- 2008 -67
To assist in regulating day nurseries, it is recommended the following definition be
added to By -law No 79 -200.
"Day nursery" means a building or part thereof licensed by the Province of
Ontario under the Day Nurseries Act as a day nursery
9 Addition of a health centre as a permitted use in the Neighbourhood
Commercial (NC) zone.
The definition of a health centre covers a range of fitness and health related
facilities such as martial arts clubs, gymnasiums, pools and therapeutic treatments
Although health centres are often small scale uses that serve the surrounding
neighbourhood, the NC zone is the only commercial zone that does not permit
them
It is appropriate to add this use to the list of permitted uses in an NC zone The
floor area cap that is already in place for individual uses in the NC zone (230
square metres or 2,479 square feet) will ensure health centres are an appropriate
size in residential areas
10. Addition of privacy yards for units in grouped or townhouse dwellings in a
Residential Low Density, Grouped Multiple Dwellings (R4) zone.
By -law No. 79 -200 specifies setbacks for grouped or townhouse dwellings from lot
lines, as well as spacing between dwellings, but does not include a specific
requirement for an amenity area for each individual unit. Typically an on- street
townhouse dwelling has a rear yard amenity area depth of 7.5 metres (24.6 feet).
If a townhouse dwelling unit in an R4 zone backs onto a side lot line, the by -law
may only require rear yard amenity area of 5 metres (16 4 feet) in depth or less.
To ensure the amenity space available to residents in townhouse or grouped
dwelling units is consistent with the amenity space required for other dwellings, it
is recommended that a minimum privacy yard depth of 7.5 metres be required
adjacent to the rear wall of each townhouse or grouped dwelling unit in an R4
zone.
1. The proposed changes to the R1, R2 and R3 zones in By -law No 79 -200 with
respect to landscaped open space, parking areas and accessory buildings will
assist in preserving the character of the City's lower density residential areas.
2. The balance of the changes to By -law No 79 -200 will provide appropriate updates
to the By -law's regulations.
July 21, 2008
Recommended by:
Approved by:
Respectfully submitted
7
3. The recommended changes, if they are approved by Council and there is no
appeal of the amending by -law, take effect on the date of the passage of the
amending by -law and cannot be retroactively applied to current situations.
72
Herlovitch, Director of Planning Development
Ed Dui
PD-2008-67
tive Director of Community Services
MacDonald, Chief Administrati •fficer
A. Bryce yb
Attach.
S \PDR\2008 \PD- 2008 -67, AM -2008 -016, General Amendments to Zoning By -law No 79 -200 wpd
Subject Land
SCHEDULE 1
LOCATION MAP
Amending Zoning By -law No. 79 -200
Applicant: City of Niagara Falls
AM- 2008 -16
K: \GIS_Requests\ 2008\ Schedules \ZoningAM \AM- 16 \mapping.map July 2008
EXTERIOR
SIDE YARD
Maximum 67% of
yard up to 50 sq.m.
H
H
Schedule 2
15 metres
FRONT YARD
50% of front yard
width up to 8 metres
DWELLING
BUILDING
ENVELOPE
Maximum
40% coverage
STREET
City of Niagara Falls
Transportation Services
Inter Department Memorandum
TO: Mayor Ted Salci Members of City Council DATE: July 10, 2008
FROM: Karl Dren, Director of Transportation Services
RE: Request for Pay Parking Rate Changes
Tourist Core Centre/Victoria, Clifton Hill Fallsview
Recommendation:
It is recommended that the request for changing the pay parking rates and maximum rates for both on-
street pay parking and Municipal Parking Lots, in the Tourist Core, as outlined in this memo, be approved.
Background:
There has not been an adjustment of parking rates in the City in several years. A review of parking rates
for the entire City is slated for review this Fall. Staff have received a request from the Victoria/Centre BIA
asking the City to adjust pay parking rates in their area as quickly as possible. In addition, both the Clifton
Hill and Fallsview BIA' s are also supportive of rate changes.
Therefore, the following rate changes are being proposed:
Municipal Parking Lots
All hourly parking fees be changed from $1.00 /hour to $1.50/hour
Lot 4 (Ellen Ave.), currently $5.00/12 hours, change to $8.00/8 hours
Lot 5 (College Crescent), currently $8.00/8 hours, change to $10.00/8 hours
Lot it 15 (McGrail Ave.), currently $5.00/12 hours, change to $8.00/8 hours
Lot 16 (N.F. Arena), currently $3.00 /day, change to $5.00/8 hours
Lot 18 (Kitchener St.), currently $5.00/12 hours, change to $8.00/8 hours
Lot 20 (Palmer/Bender), currently $7.00/12 hours, change to $10.00/8 hours
On- Street Parking Spaces
All hourly parking fees be changed from $1.00/hour to $1.50/hour with the daily maximum in the
Fallsview area changing from $5.00/8 hours, change to $8.00/8 hours
Council's concurrence with the recommendation outlined in this report would be ap r ciated.
Working Together to Serve Our Community
Parking Control Parking Operations Traffic Operations Transit Services Transportation Planning
L(7/14/2008) Dean lorfid RE
a Fwd. parking lots in VCBIA Page 2
Hi Karl.thank you so much for getting back to me so quickly I really
appreciate it.
I would request that you raise the city lots to $10/8 hours maximum
perhaps $1.50 per hour and that the change take affect ASAP
VCBIA would also like to be a part of the review discussions in the fall.
Thanx again, S
Your chosen perpsective changes everything.
Sue McDowell
Executive Director
Victoria Centre BIA
VISIT OUR WEBSITE http /www.TopOfCliftonHill.com>
http://www.Top0fCliftonHill.com>
Te1:905.358.7137 Ce11 Fax:905.358.5891
mail to: suemcdowell(fallsviewbia.com
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.
July 7, 2008
File E.01 EN bi
Mayor Ted Salci
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Yours truly,
Original signed by Patrick Robson
Patrick Robson
Acting Commissioner
Attachment
PLANNING SERVICES DEPARTMENT
If you have any questions, please do not hesitate to contact me
c Mr Dean lorfida, Clerk, City of Niagara Falls
Ms Kerry Mitchell, Manager, Canadian Consulate General
Ms.. Pam Gilroy, Regional Clerk
PR/Ltr -RMON Mayors and Clerks Nomination Stockholm Water Prize -July 2008
Building Community. Building Lives
2201 St David's Road, P O Box 1042
Thorold Ontario L2V 4T7
Telephone: 905- 984 -3630
Toll Free: 1- 800 263 -7215
Fax: 905 641 -5208
plan @regional.niagara on ca
www,regional niagara.on ca
Dear Mayor Salci:
Re: DPD 34 -2008 Nomination of the International Joint Commission (IJC)
for a Stockholm Water Prize
Advancing the Great Lakes St. Lawrence Cities Agenda
At its regular meeting held on July 3, 2008, Regional Council endorsed the report, DPD 34 -2008,
"Nomination of the International Joint Commission for a Stockholm Water Prize" and the
recommendations contained therein (attached)
The Stockholm Water Prize is the most prestigious prize for outstanding achievement in water related
activities in the world It is awarded by the Stockholm International Water Institute to any activity or body
which contributes to the availability, consideration and protection of the world's water resources The
preservation of the planet's ecosystems is vital to the health and well -being of the world's population.. The
nomination of the IJC for 2009 is a continuation of the overall drive for the recognition of bi- national water
stewardship initiatives at the municipal level The 2009 Stockholm Water Prize award would complement
the IJC announcement that the key centenary celebrations for the Boundary Waters Treaty will take place
in Niagara in June 2009.
To this end, the purpose of this letter is to secure the written support of the City of Niagara Falls with
emphasis on the importance of the nomination.. Please forward the correspondence to my attention
It is respectfully requested that you place this resolution on your next available agenda, and join the
Council of the Regional Municipality of Niagara in this important recognition opportunity to participate in
the ongoing protection of our Boundary Waters, including the Great Lakes Basin
RECOMMENDATION
PURPOSE
Niagara Region
REPORT TO: Co- Chairs and Members of the
Planning and Public Works Committee
SUBJECT: Nomination of the International Joint Commission for a
Stockholm Water Prize
That this Committee recommend the following resolution to Regional Council:
DPD 34 2008
June 25, 2008
Files: E 01 EN bi
D.00 L.1 7
1 Whereas the International Joint Commission (IJC) has existed to oversee the
implementation of the Boundary Waters Treaty (1990) between Canada and the
U.S
2.. And whereas, the Boundary Waters Treaty will celebrate 100 years of continuous
force and effect governing water resource management along the Canada -U S
border;
3, And whereas, the Stockholm Water Prize suitably recognizes institutions (among
others) for outstanding water related activities;
4 And whereas, the IJC represents a model of governance for international water
stewardship goals; and,
5. Now, therefore be it resolved that Council take the lead in nominating the
International Joint Commission for the 2009 Stockholm Water Prize and take steps
to secure endorsement from other relevant actors for the nomination of the
International Joint Commission, i e the Great Lakes St. Lawrence Cities Initiative
(GLSLCI), Association of Municipalities of Ontario (AMO), and local municipalities
on both sides of the border.
The purpose of this report is to seek Council's endorsement to lead the nomination of the
IJC and to enlist the endorsement of other municipalities and municipal organizations
EXECUTIVE SUMMARY
The nomination of the International Joint Commission (IJC) for the 2009 Stockholm Water
Prize is a follow -up to DPD 19 -2008 and a continuation of the overall drive for the
recognition of bi- national water stewardship initiatives at the municipal level„ Other relevant
actors should be contacted In order to secure support for the nomination
FINANCIAL IMPLICATIONS
The actions contemplated by the recommendations do not commit Council to financial
obligations, other than staff time for preparing the actual nomination.
REPORT
DPD 34 2008
June 25, 2008
Page 2
Background
At its regular meeting of May 1, 2008, Council approved DPD 19 -2008, a report that set
out to increase the profile of water stewardship in the Niagara Region and to continue
evolving the efforts to align objectives of communities on both sides of the Canada -US
border The report recommended the encouragement of staff to investigate pursuing the
nomination of the International Joint Commission (IJC) for the 2009 Stockholm Water
Prize This report represents the recommendation flowing from that investigation
Further, through the work of the "Niagara 10" (seven border Mayors, Regional Chairman
and Niagara and Erie County Executives), the profile of Niagara's bi- national agenda has
been heightened. Good governance and environmental stewardship factor significantly
into Niagara 10's definition of the bi- national agenda, and this in turn has been endorsed
by Council (via DPD 121 -2007 and DPD 19- 2008).
Nominating the IJC for the Stockholm Water Prize
The Stockholm Water Prize is the most prestigious prize for outstanding achievement in
water related activities in the world., It is awarded by the Stockholm International Water
Institute to any activity or actor which contributes broadly to the availability, conservation
and protection of the world's water resources, and to improved water conditions which
contribute to the health of the planet's inhabitants and ecosystems. More detailed
information about the Stockholm Water Prize can be found in Appendix I.
Past Laureates have represented regions from around the world and a wide range of
water related activities, professions and scientific disciplines.. The prize Laureate is
announced in connection with the World Water Day designated by the United Nations on
March 22nd of each year and is awarded with a crystal sculpture and a USD $150,000
award
The IJC was created by Canada and the United States through the Boundary Waters
Treaty 1909 because it recognized that each country is affected by the other's actions in
lake and river systems along the border. The IJC is designed to facilitate cooperation and
assist the governments to wisely manage the shared waterway The IJC also works to
prevent both air and water pollution in the bi- national area.
The IJC is comprised of six members; three are appointed by the President of the United
States, with the advice and approval of the Senate, and three are appointed by the
Govemor in Council of Canada, on the advice of the Prime Minister.. The Commissioners
must follow the Treaty as they try to prevent or resolve disputes. They must act impartially,
in reviewing problems and deciding on issues, rather than representing the views of their
respective governments.
The IJC meets the requirements for a Stockholm Water Prize because they work to unify
water stewardship initiatives across the border, meeting the Stockholm Water Prize
requirements to "contribute broadly to the availability, conservation and protection of the
world's water resources." 1t is also important to note that the IJC works to protect the Great
Lakes and St. Lawrence Seaway, which contains approximately 22% of the world's fresh
water
In a preliminary discussion, the International Joint Commission stated that they would be
honoured to be nominated for the 2009 Stockholm Water Prize; however, it must be
clearly stated that this nomination is expressly at the direction of municipal actors and the
IJC is not participating in the nomination process
The timing of the 2009 Stockholm Water Prize nomination coincides with the
announcement by the IJC, that the key centenary celebrations for the Boundary Waters
Treaty will take place in Niagara in June 2009 The nominations should be accompanied
by references that are independent of the nomination.. In this regard, the recommendation
includes securing endorsements from other municipalities as the means of adding
references to the nomination.
Submitted by:
Approved by:
Patrick Robson Mike Trojan
Acting Commissioner of Planning Services
Chief Administrative
DPD 34 2008
June 25, 2008
Page 3
DPD 34 2008
June 25, 2008
Page 4
This report was prepared by Jasmin Ralph, Brock University Co -op Student (Public
Administration), under the supervision of Patrick Robson..
APPENDIX
Appendix I Page 5
DPD 34- 2008
Nominating Criteria
Appendix I
June 25, 2008
Page 5
The Stockholm Water Prize includes a crystal sculpture and a USD $150,000 prize. The
awards are announced in March to correspond with the UN World Water Day, and they
are honoured in August in a Royal Prize Ceremony and Banquet in the Stockholm City
Hall during World Water Week.
HM King Carl XVI Gustaf of Sweden is the Patron of the Stockholm Water Prize
How to Nominate
Nomination Procedure
Nominations should be in English and submitted on the official form.. Nominations must
clearly describe and explain the nominee's main achievements and emphasise their
importance In addition to the nomination form, supporting documents such as articles,
publications, reports, etc. should be included. The nomination also requires a minimum
of two, but ideally 3 -5 letters of reference that are independent of the organization that
supports and emphasises the nominee's achievements.
More information on nominating can be found in the 'Guidelines for Stockholm Water
Prize Nominations 2008' form, and the nomination form can be found in 'Invitation to
Nominate'
Any direct approaches to members of the Nominating Committee will disqualify any
nominee from further consideration,
The range of disciplines and activities that qualify for nomination is very large The
activities should have potential or proven impact in water related conditions„
A nine member international Nominating Committee reviews the nominations and
recommends a Prize Laureate to the Board of the Stockholm Water Foundation, which
makes the final decision The Royal Swedish Academy of Sciences appoints the
Committee members.
If more information about the award is needed, you can contact Ms. Gunnel Sundbom,
Director, Stockholm Water Prize: gunnel.sundbom@siwi.org..
More information related to the nomination procedure, please contact Mr Per -Arne
Malmqvist, Scientific Director: swp.secretary @siwi.,org
Blatik Page 1 of 3
Mitchell, Kerry -BFALO -GR
From: Mitchell, Kerry -BFALO -GR
Sent: Friday, June 13, 2008 4 57 PM
To: De Silva, Gitane -NAL, Fountain Smith, Sarah -NAR
Cc: *NAL, *NAR, *NAD, *US -PERPA -MGR, *US- HOM /CDM, *US -STC, *BFALO, *PIP
Subject: IJC Announcement in Niagara of the Boundary Waters Treaty Centennial in 2009
Attachments: 2008- 06 -06- Niagara Review -Joint celebration planned for water treaty doc
Government of Can da Gouvarnernent du Canada
X IR Consulate General of Canada, Consulat general: du Canada
Buffalo
7/8/2008
Canada
ITC Announcement in Niagara of the Boundary Waters Treaty Centennial
The six International Joint Commissioners were in Niagara Falls, Ontario on June 10 to formally announce that the centennial
celebrations of the Boundary Waters Treaty would be held in Niagara on June 13, 2009 A special meeting of the Niagara Falls Ontario
Rotary Club served as the backdrop for the IJC announcement which included comments by IJC Co- Chairs Herb Gray and Irene Brooks
as well as Niagara Falls Mayors Ted Salci (Ontario) and Paul Dyster (New York) Nearly 100 attended the Rotary meeting including
local club members, the Distnct Governor and other club leaders from Rotary International District 7090, the U.S. CG John Nay, CG
Brereton, Lewiston (NY) Mayor Dick Soluri, Niagara on the Lake Lord Mayor Gary Burroughs, representatives from the offices of
Minister Nicholson and MP Dykstra, and a number of local community members active in the planning for the Boundary Waters Treaty
Centennial. Rotary International District 7090 includes over 70 clubs stretching from Buffalo to Hamilton and dates back to 1911 when it
was the first binational Rotary district to be established. The announcement at the Rotary luncheon was preceded by meeting between
the mayors, the IJC Commissioners, and the US and Canadian Consulates to discuss plans for the Centennial.
Blank
Hon. Herb Gray
IJC Chair Canada
7 /R /7nnR
Hon. Irene Brooks
IJC Chair -U S
Y
'o VF
Mayor Ted Salci
Mayor Paul Dyster
Niagara Falls, Ontario Niagara Falls, New York
Page 2 of 3
The luncheon opened with words of welcome from Club President Jim Arnold followed by both customary and special Rotary traditions
of anthems, toasts, and special welcomes all oriented towards fellowship and binational friendship District Governor Bob Leek spoke
of the important binational history of District 7090 and the longstanding priority which clubs across the District have placed upon water
issues and needs. Underscoring this point, Leek noted that water would be the theme of the annual District Conference to be held in
October '08 While it was the request of the IJC to make the announcement of the BWT Centennial before a Rotary group, the
binational nature of the Distnct and its stated water interests made it an ideal fit for the occasion, and quite likely, an important partner in
the Centennial efforts down the road.
The program began with a further welcome to the IJC Commissioners to Niagara Falls Ontano by Mayor Ted Salci, who as a
representative of the Niagara 10 group of leaders had first met in Chicago last June with Commissioners Gray and Brooks about the
possibility of holding the Centennial celebrations in Niagara. Salci also spoke about the Niagara 10 Project which has led to greater
cross border cooperation and communication between the Niagara River municipalities around 15 -point sustainable development agenda.
The history and success of the Boundary Waters Treaty and the International Joint Commission were discussed by Commissioner Gray
who began by contrasting the water related tensions that existed in the early 20 century with the current cooperative spirit between
Canada and the US as reflected in the presence and cooperation between the two mayors of Niagara Falls. The program continued with
the newly elected Mayor of Niagara Falls New York, Paul Dyster, drawing from his past life as a professor of international affairs to
speak of the critical role that water will play in the global debates of the 21 century Commissioner Brooks concluded the program with
a brief outline of the local plans underway for a week of celebration and commemoration including conferences, cultural programs,
environmental tours and climaxing with a recommitment ceremony on the Rainbow Bridge on June 13 2009.
News reports of the announcement from the Niagara Falls Review (Ontario) and the Niagara Falls Gazette (New York) are both attached
Joint celebration planned for water treaty
Niagara played important role in forming the DC
Posted By BY ALISON LANGLEY REVIEW STAFF WRITER
Posted 1 hour ago
Niagara Falls will be the backdrop for a celebration next year as the International Joint
Commission of Canada and the United States marks the centennial of the treaty to protect
boundary waters.
"Niagara is a place that is defined by its shared waters, so it is truly special that a celebration of
100 years of successfully protecting North America's shared water resources will be here," Paul
Dyster, mayor of Niagara Falls, N. Y.,said Tuesday at the Oakes Hotel during a Rotary
International District 7090 meeting to announce details of the event.
The week -long celebration, to be held June 6 to 13 is being organized by several organizations
including the Niagara 10 Leaders, which represent 10 jurisdictions bordering the Niagara River
including Niagara Falls, Ont., and Buffalo.
IJC commissioners met local mayors prior to the Rotary meeting to begin planning the 2009
event.
While still in the preliminary stage, the event will include a calendar of environmentally related
activities, including academic conferences and a film festival.
There are also plans for binational music and cultural programs.
Among the dignitaries to be invited are the prime minister and the future president of the United
States. "In addition to its historical connection to the treaty, Niagara Falls is one of those places
where the boundary waters bring people together, which exemplifies the way that all the Niagara
mayors meet and try to work as a region," said Irene Brooks, U. S. chairwoman of the IJC.
The commission was formed in 1909 with the signing of the Boundary Waters Treaty.
Its goal is to resolve and prevent water disputes between Canada and the U. S.
It is also deals with environmental and economic issues relative to the lakes and rivers that flow
along the 80,000 kilometre boundary between Canada and the U. S.
It was, essentially, the first environmental group in North America. "Back in 1909, everyone was
in to building and using, preservation was not really on anyone's mind," said Herb Gray,
Canadian chairman of the IJC.
At that time, there was no level of co- operation or mechanism in place to avoid or resolve
disputes about shared fresh waters.
One such dispute involved Niagara Falls and the Niagara River.
Competing hydroelectric development projects put the existence of the Falls at risk as interests in
both countries worked to divert water solely for their own uses.
With the signing of the treaty, Gray said, further disputes have been resolved amicably through
the IJC's efforts.
When asked by governments, the commission investigates concerns about pollution in lakes and
rivers.
It also assists both countries in ensuring each nation is complying with their obligations to
"restore and maintain the chemical, biological and physical integrity of the Great Lakes."
The Great Lakes -St. Lawrence River system contains one -fifth of the world's fresh water.
The water system is also responsible for 62 per cent of binational trade dollars.
Niagara Falls Mayor Ted Salci said elected officials from both sides of the border share a joint
responsibility to protect such a vital resource.
"The future of our areas' economy and environment relating to these waters depends on the co-
operative partnership we have," he said.
The commission holds public meetings every two years to discuss progress in cleaning up the
Great Lakes.
"As population growth, climate change, pollution and aquatic invasive species place new stresses
on transboundary ecosystems, co- operation through the IJC and the treaty will be more
important than ever," Gray added.
Article 10# 1068342
EVENT: Treaty set to be celebrated
Boundary Waters Treaty signed in 1909
By Dan Miner
E -mail Dan
Niagara Gazette
An expansive, week long serves of events will mark the 100 year anniversary of the
Boundary Waters Treaty in June 2009.
The treaty, which was signed in 1909 to promote U.S.- Canadian cooperation along the
Great Lakes, officially formed the International Joint Commission.
Mayors from both sides of the border, including Paul Dyster of Niagara Falls and Richard
Solun of the Village of Lewiston, converged on the Oakes Hotel in Niagara Falls, Ont.,
Tuesday to announce the conference and discuss the importance of cross border
cooperation.
The celebration will likely feature academic conferences, cultural events and
environmental expos, tours and presentations on both sides of the border. It will
culminate in an event on June 13, 2009, along the Rainbow Bridge, at the Oakes
Amphitheatre in Ontario and Prospect Point in the U.S.
The meeting was hosted by the Rotary Club and included leaders of the IJC and the
Niagara 10, a group of 10 municipalities bordenng the Niagara River who work together
on matters of mutual cross border interest.
Dyster, one of four speakers during the formal presentation, put the new century's
struggle to create sustainable, clean energy in the histoncal context of great struggles of
the 20th century. He praised the IJC as the way that the two areas can work together to
protect their collective resource, the Niagara River and Niagara Falls
"You could not have a better backdrop for the discussion of these issues in 2009 than
Niagara Falls," Dyster said.
Herb Gray, an IJC co -chair and former deputy pnme minister of Canada, spoke of the
treaty's historic importance. Before it was signed in 1909, tense disputes often arose
about the use of the Niagara River, especially in companies who wanted to use it for
hydroelectricity. Since it was signed, the IJC's six commissioners have been able to work
together to prevent those kinds of disputes, he said.
The commission has no formal authority, however its studies and written opinions are
public and carry significant weight, Gray said. An example, a 2006 report by the IJC, said
there is no excess water in the Great Lakes available for export and only one percent of
its water is replenished each year.
Facing further questions on the matter, Gray outlined the difficulty it would take in any
water deprived region gaining access to the Great Lakes waters including a sign -off
by all governors of states bordering the Great Lakes and passing federal regulations.
Draft Resolution
Whereas the bi- national Niagara area has a common interest in shared
waterways and water stewardship,
And Whereas the International Joint Commission is holding its centenary
celebrations in Niagara in 2009, creating focus on the issues that surround water
stewardship in Niagara and in the Great Lakes Basin;
And Whereas the `Niagara 10' recommendations include a proposal to develop a
political strategy for building the profile of the cross border Niagara region. This
includes efforts to coordinate water stewardship practises across the Niagara
area border;
Now Therefore Be It Resolved that the council of the city /town of
declares 2009 the Year of Our Shared Waters in the bi- national Niagara area.
July 21, 2008 F- 2008 -28
NiagaraFalls
His Worship Mayor Ted Salci CANADA
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F- 2008 -28
2007 Reserves and Reserve Funds
RECOMMENDATION:
That Council review and approve the 2007 transfers to reserves and reserve funds
BACKGROUND:
Reserves and reserve funds are authorized by City Council via The Municipal Act and other
legislation. Reserves and reserve funds are designated by Council approval for a variety
of operating and capital uses. This designation process enables Staff to plan the
implementation of services and capital projects using reserves and reserve funds as a
source of funding in future years. In September2007, Council approved the City's financial
policies as a guideline for three areas of interest. One aspect of the policy referred to
financial policies for reserves. The annual reporting for reserves has been provided based
on the policy. The following is a brief explanation of the kinds of reserves and reserve
funds.
Reserves
A Financial Reserve is a financial provision or amount that is designated for a future
purpose that extends beyond the current fiscal year. Reserves can be obligatory, due to
legislation within the Municipal Act or in other legislation binding the Corporation. The
legislation for obligatory reserves demands that reserves be established, that the funds
be set aside in separate bank accounts and that these be segregated from other reserves.
These reserves must be used for the purpose that they were collected for. Alternatively,
reserves can also be discretionary, that is, established at the behest of Council for
purposes of the Municipality The Financial Policies of the City of Niagara Falls identifies
five justifications for the establishment of reserves, both obligatory and discretionary.
0
0
To provide stability of tax and user rates
To provide financing for one time or short term requirements
To segregate funds received and /or to be used for a specific purpose
To make provisions for replacements acquisitions of assets /infrastructure
To provide for future liabilities incurred in the current year expenditure
;:Niagara'Falls ON; Canada L2E 6X5: "905- 356 -7521. wwwniagarafalls.ca
Working Together to Serve Our Community
Corporate Services Department
Finance
Reserve Reserve Funds as at December 31, 2007
Obligatory
Discretionary
Total
Capital
$4,660,873
$43,599,199
$48,260,072
Development Charges
$11,955,424
$0
$11,955,424
Stabilization
$0
$6,457,539
$6,457,539
Program Specific
$0
$6,322,901
$6,322,901
Vehicle Equipment
$0
$656,521
$656,521
Buildings Facilities
$0
$2,113,302
$2,113,302
Corporate Liability
$0
$4,169,776
$4,169,776
Total
$16,616,297
$63,319,238
$79,935,535
F- 2008 -28 2 July 21, 2008
The major classification of the reserves and reserve funds are as follows;
Capital Reserves
Development Charge Reserves
Stabilization Reserves
Program Specific Reserves
Vehicle Replacement Reserves
Building Facility reserve
Corporate Liability Reserves
The balance of the total reserves and reserve funds held at December 31, 2007 is
$79,935,534 and is highlighted in the attached chart below.
Additional information is provided on each classification as follows.
1. Capital Reserves
These reserves are established to make provisions for replacements and acquisitions
of infrastructure as it relates to water, sewer and general assets. In 2007, the implemented
policy suggested that amounts should be phased in over 5 -10 year period. At the end of
2007, the balance in this area is $48,260,072. This category has a wide variety of reserves
and include both large discretionary items and large obligatory funds. Examples of
reserves in this area include:
Capital Funding Reserve for Water Projects $6,049,096 (discretionary).
Transit Gas Tax Rebate (Provincial) Reserve Fund $1,436,879 (obligatory)
Convention Center Capital Reserve Fund $18,028,258.(discretionary)
Staff in the City's Finance and Municipal Works divisions are currently finalizing the
inventory of the capital assets of the City's infrastructure and will use this information to
evaluate the adequacy of the reserve levels.
F- 2008 -28 3 July 21, 2008
2. Development Charge Reserves
These reserves are established for the development of new infrastructure due to growth
These are obligatory and subject to additional reporting to Council see F- 2008 -29) At
the end of 2007, the balance of the reserves in this area was $11,955,424. Staff is
currently reviewing the DC background study and will be recommending a new bylaw in
2009.
3. Stabilization Reserves
The purpose of these types of reserves is to provide separate reserves for the stabilization
of tax rates, water and sewer rates, waste management and building permit rates. These
reserves are discretionary and represent prudent financial planning for the Corporation.
The balance at the end of 2007 was $6,457,539. This category consists of discretionary
reserves, however it also includes the operating surplus from the previous year which is
required to be applied to the calculation of the subsequent year's tax rate. This is a
requirement of the the Municipal Act,2001 Examples of reserves in this area include:
Tax Rate Stabilization Special Purpose Reserve $2,527,008
Building Permit Stabilization Special Purpose Reserve $424,118
Tax Write -Off Stabilization Special Purpose Reserve $115,521
4. Program Specific Reserves
The purpose of these reserves are firstly to provide funds that will be used for a specific
purpose and secondly, to provide funds for financing one time or short term requirements.
There are numerous reserves established with all of them being discretionary. At the end
of 2007, the balance in this reserve category was $6,322,901. This category consists of
discretionary reserves. Examples of reserves in this area include:
Downtown CIP Special Purpose Reserve $896,965
Urban Design Guidelines Study Special Purpose Reserve $57,000
Arts Scholarship Young Family Special Purpose Reserve $37,916
5. Vehicle and Equipment Reserves
The replacement of vehicles and equipment are funded annually from transfers from the
operating budget. The annual funding level for equipment and vehicles will be ascertained
through the PSAB 3150 process and through the development of capital replacement
plans. At the end of the year the balance in this reserve category was $656,521. This
category consists of discretionary reserves Examples of reserves in this area include
Equipment Information Services Special Purpose Reserve $198,000
NF Arena Score clock Special Purpose Reserve $35,381
Water Patrol Boat St Johns Ambulance Reserve Fund- $28,490
F- 2008 -28 4 July 21, 2008
6. Building and Facilities Reserves
Discretionary reserves exist for the purposes of refurbishing City buildings and facilities.
The annual funding level for these responsibilities will be ascertained through the PSAB
3150 process and through the development of capital replacement plans. At the end of
the year the balance in this reserve category was $2,113,302. This category consists of
discretionary reserves. Examples of reserves in this area include:
Improvements Building and Yard Special Purpose Reserve $240,348
Salt Storage Building Special Purpose Reserve $57,000
Energy Projects Special Purpose Reserve $28,490
7. Corporate Liability
Reserves in this category are to provide for future liabilities incurred in the current year
expenditure. These expenditures are corporate in nature and relate to responsibilities like
sick leave workers compensation and employee benefits. These reserves ensure that
financial obligations can be met so that the Corporation can avoid wide fluctuations in
annual expenditures. At the end of the year the balance in this reserve category was
$4,169,776. This category consists of discretionary reserves. Examples of reserves in
this area include:
Sick Leave Corporate Liability Reserve Fund $1,073,533
Workers Compensation Corporate Liability Reserve Fund $636,039
Section 37 Special Purpose Reserve $700,000
In addition to the previously shown chart, staff have attached a copy of the summary that
has been presented in previous years. This summary highlights the reserves and reserve
funds for 2007 showing the balances at January 1, 2007, the amounts added, the amounts
used in 2007, and the balances at December 31, 2007.
Recommended by:
Approved by:
Respectfully submitted:
Todd Hat rison, ector of Financial Services
Az/A.4,,
K. E. Burden, Executive Director of Corporate Services
MacDonald, Chief Administrative Officer
RESERVES
Special Purposes 12,538,713.42 8,040,418.13 (2,383,243.18) (985,158.44) (3,368,401 62) 17,210729.93
Working Capital 265,000.00 265,000.00
Watermain Improvements
Metering Program
TOTAL RESERVES 12,803,713.42 8,040,418.13 (2,383,243.18) (985,158.44) (3,368,401.62) 17,475,729.93
CAPITAL HOLDING RESERVE 24,972,799.85 17,115,461.89 (28,460,123.61) (28,460,123.61) 13,628,138.13
RESERVE FUNDS
(Set aside by Council)
RESERVE FUNDS
(Set aside by Legislation)
Public Purpose (Planning Act)
Municipal Parking
2007
CITY OF NIAGARA FALLS
RESERVES AND RESERVE FUNDS
OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING
JAN.1 /07 CONTRIBUTIONS USES USES USES DEC. 31/07
Obligatory
Development Charges 326,905.74 14,360.51 341,266.25
Development Charges bylaw 99 -144 17,557,489.02 2,578,086.71 (256,163.33) (8,265,254.60) (8,521,417.93) 11,614,157.80
Federal Gas Tax Rebate Infrastructure 1,574,402.55 1,077,446.65 (2,560,842.44) (2,560,842.44) 91,006.76
Federal Gas Tax Rebate Transit 268,136.16 12,270.02 280,406.18
Transit Gas Tax Rebate 785,769.06 1,183,109.53 (532,000.00) (532,000.00) 1,436,878.59
2% Prklnd Dedictn Chippawa 1,750.00 1,750.00
2% Prklnd Dedictn River Road 2,692.75 109.68 2,802.43
2% Prklnd Dedictn Whirlpool 33,250.00 33,250.00
2% Prklnd Dedictn Lundy's Lane 96,457.25 7,243.69 (11,275.00) (11,275.00) 92,425.94
2% Prklnd Dedictn Fallsview 436,103.76 157,873.81 (2,130.12) (2,130 12) 591,847 45
2% Prklnd Dedictn Clifton Hill 247,491 74 12,787.67 (1,339.08) (1,339.08) 258,940.33
Discretionary
Collins/Toby Debenture 98 -2001 43,363.87 1,707 40 (6,026.47) (6,026.47) 39,044.80
Erwin /Barnett 40 yr licence agreement 19,098.40 760.76 (1,863.84) (1,863.84) 17,995.32
Long 40 yr licence agreement 14,201.86 558.23 (1,383.76) (1,383.76) 13,376.33
Terrio 40 yr licence agreement 15,400.45 603.64 (487.60) (487.60) 15,516.49
Sick Leave Liability 1,033,827 74 44,512.98 (4,807.37) (4,807.37) 1,073,533.35
L.L. Battlefield Debenture 98 -2001 64,364.23 2,542.62 (10,014.87) (10,014.87) 56,891.98
Workers Compensation 1,203,950.50 51,725.38 (619,636.52) (619,636.52) 636,039.36
Fire Stn #5 Willoughby Mtg fund 100,216.89 4,287.22 (17,237.23) (24,915.01) (42,152.24) 62,351.87
NF Hydro Debenture #8416 -96 82,648.98 3,272.28 (85,921.26) (85,921.26)
Recreation Trail Development 51,264.07 2,329.76 53,593.83
Capital /Operating Fund 6,222,520 18 273,530.02 66,369.01 (115,000.00) (48,630.99) 6,447,419.21
Tree Planting Developers 15,703.56 2,426.33 (1,400.00) (1,400.00) 16,729.89
Park Development 118,619.59 4,692.22 (327.34) (4,959.80) (5,287 14) 118,024.67
Sewer and Water Impost 1,161,883 73 50,875.28 (7,595.23) (7,595.23) 1,205,163.78
Expansion and Renewal 207,437 57 8,638.49 (6,924.98) (6,924 98) 209,151.08
Conrail Drainage 556,546.37 27,120.66 (3,380.76)
(3,380.76) 580,286.27
Prepaid Subdivision Work 179,394 45 7,715.44 (887.85) (887.85) 186,222.04
Sidewalk Construction 261,003.40 12,604 75 (1,386.56) (1,386.56) 272,221.59
Future Municipal Works 722,318.08 31,516.47 (4,576.39) (4,576.39) 749,258.16
Lot Drainage 145,090.77 6,115.11 (587.37) (587.37) 150,618.51
Library Special Projects 282,776.86 18,794.01 301,570.87
Library Property Maintenance 187,672.60 66,725.30 (33,323.03) (33,323.03) 221,074.87
Library Automation Fund 249,566.84 21,254 46 270,821.30
Sanitary (Recycling Surplus) 346,621.90 14,995.95 (1,987.54) (1,987.54) 359,630.31
Sports Fnd new equip /program 4,544 70 186.16 4,730.86
Projs Special Needs' Children 14,306.87 574.58 14,881 45
Heritage Week 53,953.51 2,171.91 56,125.42
Coat of Arms 2,085.02 86.99 2,172.01
Niagara Tunnel Comm'ty Imprvmt 1,285,818.00 54,159.86 (497,061.57) (497,061.57) 842,916.29
OPG Agreement 208,573.61 5,114.64 (100,199.51) (100,199.51) 113,488.74
Water Patrol Boat 25,000.00 3,490.28 28,490.26
Branscombe Family Grant 14,580.00 576.49 (11,766.28) (11,766.28) 3,390.21
Convention Centre 18,053,039.09 (24,781.31) (24,781.31) 18,028,257 78
Fire Interop Radios Debenture bylaw 56 -2006 70,000.00 (5,618.66) (5,618.66) 64,381.34
846,413.20 101,853.14 (1,072.55)
892,658.71 36,766.23 (5,053.93)
(1,072.55) 947,193.79
(5,053.93) 924,371.01
TOTAL RESERVE FUNDS 37,928,874.54 24,065,612.38 (2,158,525.27) (11,004,294.88) (13,162,820.15) 48,831,666.77
TOTAL OF ALL RESERVES RESERVE FUNDS 75,705,387.81 49,221,492.40 4,541,768.45 40,449,576.93 44,991,345.38 79,935,534.83
July 21, 2008 F- 2008 -29
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F- 2008 -29
Development Charges
2007 Financial Information
RECOMMENDATION:
Niagara,Falls
That Council receive and file the attached financial statements regarding Development
Charges for the 2007 fiscal year.
BACKGROUND:
It is a requirement of the Development Charges Act to file with Council a statement
disclosing the receipt and application of all development charges collected under the
authority of Part II of the Development Charges Act, 1997 The required content for this
financial reporting is as follows
Balance as of January 1
The development charges reserve fund balances as reported on the audited
financial statements for the preceding year.
Development Charges Received or Receivable
These development charges are to be allocated to the specific service to which
they are to be applied.
Development Charges Refunded
The total of all refunds of development charges, including the interest on the
refund calculated on the basis of the provisions of section 13 of Ontario
Regulation 725/89.
The total refunded arnount is to be credited to the specific service to which the
original charges had been applied.
ara Falls ON,'Canada 'L2E 6X5 905- 56-7 .www.niagarafalls:ca
Working Together to Serve Our Community
Corporate Services Department
Finance
July 21, 2008 2 F- 2008 -29
Accrued Interest
The total interest earned on all reserve fund investments shall be shown, as
well as the apportionment of such interest earnings among the various services.
Transfers to Capital Fund
The total of all amounts transferred to the capital fund including all interest
earned on such funds as at the date the amounts are transferred.
The total of the amounts transferred are to be credited to the specific service
to which the original charges had been applied.
Amounts Allocated to Other Services
Indicate the amounts which Council has determined are to be transferred from
the service originally allocated to another service.
Balance at Year's End
The development charge reserve fund balance or balances as reported on the
audited financial statements of the current year.
A summary of the financial statement follows:
Balance as at January 1, 2007 $17,884,395
Received Development Charges 1,845,007
Refunded Development Charges (68,038)
Interest Earned 675,730
Transfer to Capital Projects 8,265,255
Transfer to Operating 116,416
Balance as at December 31, 2007 $11,955,424
As required by the development charges legislation, capital projects that receive funding
from development charges are required to report the other sources of funding. A summary
of the sources for this total funding is as follows:
Development Charges $8,265,255
Ontario Grant 5,716,307
Operating Revenue Fund 390,774
Reserve Fund 148,323
Capital Liability Accounts 5,237,398
Debenture 430,000
Outside Billings 1,051,746
Total Funding $21,239,803
History of Deve opment Charge Reserve Funds
Development
Charge Revenue
Disbursements
Interest
Earned
Year End
Balance
2003
$17,781,639
2004
$1,602,164
(5,689,407)
$557,811
$14,252,207
2005
$2,523,939
(658,577)
$486,469
$16,604,038
2006
$1,334,196
(587, 869)
$534,030
$17,884,395
2007
$1,776,969
(8,381,672)
$675,731
$11,995,424
July 21, 2008 3
Niece
Historical Trend of Development Charges
Below is a chart summarizing the history of the development charges account since
January 31,2004. Revenue from development activity has been consistent over the past
four years Significant amounts have been expended on eligible projects during this
period from 2004 and 2007. A listing of projects which have been funded from
development charges is provided in Schedule B. The balance in development charges
reserves has decreased from 17,781,639 to $11,995,424 as at December 31, 2007.
Recommended by:
Approved by:
Respectfully submitted:
Todd Harrison/ Director of Financial Services
Ken Burden, Executive Director of Corporate Services
John cDonald, Chief Administrative Officer
F- 2008 -29
DEVELOPMENT CHARGES RESERVE FUNDS
Sub Account Purpose /Service
GENERAL SERVICES INELIGIBLE (s.s.2.4, s.s.5.3)
Government 176,214
Municipal Works
General Services Total
CITY WIDE SERVICES
Administration
Roads
Transit
Parks Recreation
Library
URBAN SERVICES OTC
Water
Sanitary Sewerage
Storm Water Managment
Fire
Urban Services OTC Total
TOURIST CORE SERVICES
Water
Sanitary Sewerage
Storm Water Managment
Fire
Tourist Core Services Total
SUBTOTAL RESERVE FUNDS
GRAND TOTAL
City Wide Services Total
BANK BALANCE (Account #411 -14)
BANK BALANCE (Account #63 -19)
RECEIVABLES GST rebate
INVESTMENTS (as at Dec. 31/07)
DUE (TO)FROM REVENUE FUND
TOTAL
Opening
Balance
Jan 1/07
Add:
Received
Development
Charges
0
150,692 0
326,906 0
332,769 48,743
4,211,483 615,574
238,112 74,070
1,498,288 390,072
367,319 144,567
6,647,971 1,273,027
899,208 93,757
1,566,765 120,376
2,565,836 209,573
815,210 83,849
5,847,020 507,554
207,695 1,510
428,936 3,117
3,878,484 28,189
547,384 31,610
5,062,499 64,425
17,557,489 1,845,007
17,884,395
CITY OF NIAGARA FALLS
DEVELOPMENT CHARGES
FINANCIAL STATEMENT OF CONTINUITY
FOR THE PERIOD JAN 1 TO DEC. 31, 2007
1,845,007
Subtract: Add.
Refunded Interest
Development Earned
Charges
(2,874)
(37,756)
(4,568)
(9,252)
(2,732)
(57,181)
(130)
(709)
(1,022)
(5,295)
(7,157)
(87)
(179)
(1,619)
(1,815)
(3,700)
0 7,742
0 6,619
0 14,361
13,589
159,349
9,522
58,088
14,503
255,050
33,236
58,116
95,115
31,763
218,229
7,675
15,850
143,320
21,246
188,091
(68,038) 661,370
(68,038) 675,731
Subtract: Subtract:
Transfers Transfers
To Capital To
Projects Operating
0
0
0
0
(230,409)
0
0
(88,610)
(319,019)
(789,861)
(1,345,910)
(2,212,925)
0
(4,348,695)
(165,487)
341,766
3,090,288
0
(3,597,541)
0
0
0
0
(116,416)
0
0
0
(116,416)
0
0
0
0
0
0
0
0
0
0
(8,265,255) (116,416)
(8,265,255) (116,416)
Allocation:
Transfers
Between
Services
Closing
Balance
Dec. 31/07
0 183,956
0 157,310
0 341,266
0 392,227
0 4,601,827
0 317,136
0 1,937,196
0 435,047
0 7,683,432
0 236,210
0 398,638
0 656,576
0 925,527
0 2,216,951
0 51,306
0 105,958
0 958,086
0 598,424
0 1,713,774
0 11,614,158
0 11,955,424
341,266
6,318,064
1,808
10,777,316
(5,483,030)
11, 955,424
City of Niagara Falls
History of Transfers from Development Charges to Capital
Capital Project Name
2007
Roads: R4 Stanley Avenue
Roads: R8 Montrose Reconstruction TSF to 420
Roads: R12: Stanley Reconstruction Dropshaft
Sanitary Sewer SS7 St David's Sanitary Servicing
Sanitary Sewer SS8 Garner South Sewer (Grassybrook)
Storm Sewer STMS9 Casino Parking Lot (Drainage Area 11)
Storm Sewer STMS10 Front End Servicing Agreements
Storm Sewer STMS11 Garmer Estate Subdivision
Storm Sewer STMS13 McRae Stamford Reconstruction
Storm Sewer STMS23 Kitchener Street
Water W8 Grassybrook West Watermain
Library' L2 Community Centre Branch new materials
Library L4 Community Centre Branch Furniture Equipment
Library' L9 System Furniture Equipment
General Fund. (311000) Weinbrenner
2006
Parks: P19 PRC Strategic Plan
Parks Facilities: RF5 Patrick Cummings Memorial Sports Park
Library' L2 Community Centre Branch new materials
Library' L4 Community Centre Branch Furniture Equipment
Library' L5 Victoria Ave Branch Automation
2005
General Government: G2 Development Charges Update Study
Roads: R6 New Sidewalk Construction (Montrose)
this was for the section from the park to Kinsmen to Charnwood
Roads: R36 Misc Growth Related Studies
Roads: R30 Downtown Core Traffic Study Great Wolf Lodge
Parks: P16 C.B Wright Park
Parks Facilities: RF2 Skateboard Park
Parks Facilities. RF3 Community Centre (for Sidewalk)
this was for the section from McLeod Rd to the park
Parks Facilities: RF4 Girls Home for Soccer
Parks Facilities: RF5 Patrick Cummings Memorial Sports Park
2004
General Government:
General Government:
General Government:
Roads: R23 Casino
Roads: R23 Casino
Transit: T1
Sanitary Sewer SS3
Parks Facilities: RF4
Parks Facilities: RF5
G2 Development Charges Update Study
G4 Land Sales Purchases (MW- 2004 -80)
G4 Land Sales Purchases (5401 Ferry)
Roads (Murray Street Portion)
Roads (Portage Road Bridge Portion)
SS5 Fallsview Trunk Sanitary Sewer
Girls Home for Soccer
Patrick Cummings Memorial Sports Park
Development Charge Account Category
Sewer Water
Roads
Sewer Water
Sewer Water
Sewer Water
Sewer Water
Sewer Water
Sewer Water
Roads
Roads
Sewer Water
Sewer Water
Library
Library
Library
Roads
Parks Recreation
Parks Recreation
Library
Library
Library
General Government
Roads
Roads
Roads
Parks Recreation
Parks Recreation
Roads
Parks Recreation
Parks Recreation
General Government
Roads
Roads
Roads
Roads
Transit
Sewer Water
Parks Recreation
Parks Recreation
Sc te d ,le_
3,502,938.32
55,727 11
630,549 44
141,000.00
1,121,282.77
612,677 06
345,431.28
458,777 69
34,531 65
140,151.82
12,296.65
1,121,282.77
57,263 85
25, 073.94
6,272.25
116,415 87
8,381,672.47
30,828.72
48,619.19
262,956.00
227,410.28
18,054 32
587, 868.51
116, 338.62
102,224.21
7,633.71
7,124.20
64,973.62
38, 870.21
25,224.21
97,432.13
198,755.91
658,576.82
44,484 42
5,000.00
521,914 76
2,118,145 00
639,293.00
70,000 00
1,571,910 00
369,592.32
349,067 30
5,689,406 80
July 21, 2008 F- 2008 -30
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F- 2008 -30
2007 Capital Accounts
RECOMMENDATION:
For the information of Council.
BACKGROUND:
Attached is a copy of the capital account summary by department for 2007. These capital
projects are carry-overs from previous years and new projects started in 2007. Approval
for the projects is from the annually- approved Capital Projects Budget and from Council
approvals during the year.
Opening Balance
Revenue for 2007
Niagaraalls
CANADA
In the opening balance column, the bracketed amounts had outstanding
costs as at the beginning of 2007 and the non bracketed amounts required
funding as at the beginning of 2007.
Revenue for 2007 came from the following sources:
Operating Accounts
Reserve and Reserve Funds
Grants Donations
Outside Agencies
Debt
$5,615,712
32,143,546
5,846,409
33,081,042
2,820,000
$79,506,709
ueenYStreet .O1Box >�1;
agara?Falls, ON `Canada: L2E 6X5:=905 356 752T .wwwni'agarafalls.ca
Working Together to Serve Our Community
Corporate Services Department
Finance
July 21, 2008 2 F- 2008 -30
This report is intended to provide general information for the 2007 capital account activity.
Recommended by:
Approved by:
Respectfully submitted:
C Luey
Expenses for 2007
The expenses are authorized and approved invoices submitted to accounts
payable for payment.
Closing Balance
The credit balance column totalling $17,779,018 reflects funded projects that
still have outstanding expenditures
The debit balance column totalling $24,119,058 reflects unfunded projects.
The funding sources for these are:
Operating Accounts 8,224,028
Reserves Reserve Funds 5,876,045
Outside Agencies 5,886,400
Debt 4,132,585
$24,119,058
Todd Harrison, Director of Financial Services
Ken Burden, xecutive Director of Corporate Services
rc-
J tacDonald, Chief Administrative Officer
CATEGORIES
#100000 General Government
#210000 Fire Services
#310000 Roadways
#330000 Transit Services
#340000 Parking Services
#370000 Transportation Srvs
#380000 Buidling Property Srvs
#390000 Other Transportation Services
#410000 Sanitary Sewer Services
#420000 Storm Sewer Systems
#430000 Waterworks Systems
#450000 Waste Disposal Services
#540000 Cemetery Services
#710000 Parks Services
#730000 Recreational Facility Services
#820000 Commercial Industrial Services
#740000 Library Services
Opening Closing
balance 2007 2007 balance debit credit
Jan. 01 revenue expense unfunded balance balance
(funded) unfunded unexpended
Dec. 31/07
33,113,346.78 79,506,708 59 52,733,402.04
CITY OF NIAGARA FALLS
Summary of Capital Account Activity
for the Year Ending December 31, 2007
467,845.60 32,860,254 01 18,550,065 95 (13,842,342.46) 565,013 61 (14,407,356 07)
(23,316 60) 2,113,535 63 827,747.31 (1,309,104.92) 610,283 82 (1,919,388 74)
7,077,848.97 13,448,053 77 6,481,412.15 111,207.35 1,247,447 35 (1,136,240 00)
113,436.46 1,337,369 94 1,192,043.26 (31,890.22) 0 00 (31,890.22)
52,777 68 10,000 00 366,790 40 409,568 08 409,568 08 0 00
484,870 44 1,020,000 00 531,297 96 (3,831 60) 0 00 (3,831 60)
296,729 85 142,625 00 3,500 00 157,604 85 157,604 85 0 00
0 00 0 00 0.00 0 00 0 00 0 00
772,803.45 2,047,738 76 8,744,672.45 7,469,737 14 7,481,066.22 (11,329 08)
19,003,038 84 18,812,229 93 6,573,810.37 6,764,619.28 6,768,723.90 (4,104 62)
1,027,088 15 5,419,650.21 4,708,240 42 315,678 36 361,836 05 (46,157 69)
(163,694 76) 0 00 0 00 (163,694 76) 0 00 (163,694 76)
(15,721.22) 24,000 00 39,020 00 (701.22) 5,345.23 (6,046 45)
479,531 75 651,317 87 958,457 63 786,671 51 788,293 68 (1,622.17)
3,489,770 96 1,370,835 61 3,543,949 92 5,662,885.27 5,699,665.27 (36,780 00)
21,906 03 76,950 13 69,343 17 14,299 07 24,210 00 (9,910 93)
28,431 18 172,147 73 143,051 05 (665 50) 0 00 (665.50)
Balance in Capital Holding Rsv (13,628,138)
6,340,040.23 24,119,058 06 (17,779,017 83)
July 21, 2008 F- 2008 -31
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
Re: F- 2008 -31
Annual Investments Report for 2007
RECOMMENDATION:
For the information of Council.
BACKGROUND:
Annually, Staff provides financial information for the previous year's performance
concerning the investment of the City's Reserve Funds and Trust Funds Scotia Cassels
is engaged by the City to manage the two investment accounts respective to the two funds.
Reserve Funds
Niagara
On January 1, 2007, the opening balance in this investment account was $22,994,011.
In accordance with the City's investment policy, the funds were invested in Government
treasury bills, Government and Canadian Corporate issues of bonds, bankers' acceptance,
term deposits and similar investments.
During 2007, the investment income was $933,865 ($795,125 in 2006), and realized gain
of asset disposition was $9,370 Management fees of $70,860 ($57,985 in 2006) were
paid to Scotia Cassels for their services. As at December 31, 2007, the closing balance in
this investment account was $23,866,386.
Trust Funds
On January 1, 2007, the opening balance in this investment account was $2,257,724. In
accordance with the City's investment policy, the funds were invested in Government
treasury bills, Government and Canadian Corporate issues of bonds, bankers' acceptance,
term deposits and similar investments.
ueeri Street..
s� 3i 3.:vYf
iagaraFalls;".0 N 'Canada';L2E 6X5 905-35'6-7521 .www.niagarafalls.ca
Working Together to Serve Our Community
Corporate Services Departmen
Finance
July 21, 2008 2 F- 2008 -31
During 2007, the investment income was $110,592 ($102,292 in 2006), and the realized
loss on asset disposition was $7,378. Management fees of $7,001 ($7,053 in 2006) were
paid to Scotia Cassels for their services. As at December 31, 2007, the closing balance in
this investment account was $2,353,937.
More information, such as the investment portfolio report or the City's investment policy, is
available for inspection in the Finance Division Office.
Recommended by:
Approved by
Respectfully submitted:
C Luey
John M
Todd Harrison, Dire for of Financial Services
Ken Burden, Executive Director of Corporate Services
/44
na"Id, Chief Administrative Officer
July 21, 2008 MW- 2008 -43
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2008 -43
2008 Vehicle and Equipment Replacement Program
RECOMMENDATION:
1. That staff be authorized to amend the 2008 Capital Budget worksheet for the
changes recommended in this report.
BACKGROUND:
In the final discussion of the Capital Budget on June 9, 2008, Council approved a motion
to reduce expenditures for 2008 on the Vehicle and Equipment Replacement program from
$2,190,300 to $1,190,300. The presentation of the Capital Budget on June 9 did not
reflect the most up -to -date information at that time. Staff is providing this report to,clarify
two main points. First the planned expenditures for 2008, and second a clarification of the
annual funding source of equipment purchases.
Annual Expenditures
Niag araa11s
CANADA
Annual expenditures for capital equipment purchases are dependant upon the approval
of the annual capital budget, the tendering process and the delivery dates of vehicles.
The 2008 Capital Budget worksheets had a cut off date of September 30, 2007.
Consequently any expenditures made after that date were presented in the worksheet as
a 2008 expenditure.
The 2008 capital worksheet for Vehicle Replacement showed an expenditure of
$2,190,000 for 2008, which included $454,468 for 2007 expenditures. In addition, the
$2,190,000 included an amount of $593,090 for 2007 commitments delivered and funded
in 2008 Staff has amended the worksheet to reflect the expenditures in the appropriate
year as per the attached schedule.
The actual 2008 Capital Budget expenditure amount of $932,000 is shown on the revised
capital worksheet.
ari 2E 6X5 905-35&7521 •Www.niagarafalls.ca
Working Together to Serve Our Community
Community Services Departme
Municipal Works
Year
Amount
2005
760,000
2006
1,000,000
2007
1,100,000
2008
1,122,000
July 21, 2008 2 MW- 2008 -43
Funding Sources
Annually Council funds the capital purchase of equipment through a Transfer to Capital
from the General Purposes Budget. In 2008, Council approved the Transfer to Capital
funding consistent with prior years The Council approved historical funding by year is
shown in the chart below for the last four years In 2008, the funding was increased to
$1,122,000 from $1,100,000.
As this chart identifies, the funding for the 2008 capital Vehicle program was approved and
is available for the planned 2008 expenditures.
Recommended by:
Recommended by:
Approved by:
Respectfully submitted:
Todd Harriso Director Financial Services
Geoff Holman,
Ed Dujlovic, Exec
irector of
Attach:
V \2008COUNCIL \080721 \MW 2008 -43 2008 Vehicle Equipment Replacement Program.wpd
unicipal Works
e Director of Community Services
MacDonald, Chief Administrative cer
Opening Balance Jan 01
(surplus) deficit
EXPENDITURES
Engineering Fees Design
Studies
Land Building Furniture
Equipment
Construction
Roads
Storm Sewers
Water
Sanitary Sewers
Sitework Landscaping
Vehicles 2008
Vehicles 2007
TOTAL EXPENDITURES
FUNDING SOURCES
Project Description Purchase of vehicles.
Reserves /Reserve Funds
Stabilization
Program Specific
Vehicle /Equipment
Building /Facility
Capital
Capital
Development Charge
Debt
Other
Project Name Vehicle Replacement
Project ID. TR1 G/L#12-3-370001-030000
Debentures
External Contributions
Provincial /Federal Grants
Local Improvements
TOTAL FUNDING SOURCES
Closing Balance Dec 31
(surplus) deficit
Department Municipal Works
CURRENT
BUDGET
as of Sept. 30/07
Capital Budget Financial Form
Growth
Lifecycle /On going
Project
New Initiatives 0
YEAR
2007
YEAR
2008
YEAR
2009
YEAR
2010
YEAR
2011
YEAR
2012
484,870
-3,832
210,742
210,742
210,742
210,742
531,298
531,298
932,000
593,090
1,525,090
0
0
0
0
Q:\2008 Budget \Capital Budget \Municipal Works\2008 Reviewed Budget Files \Vehicle Replacement (77a -Cat 1).gpw
Ell
15- Jul -08, 12:03:06 PM
1,020,000
1,122,000
610,000
1,020,000
1,732,000
0
0
0
0
-3,832
210,742
210,742
210,742
210,742
210,742
Opening Balance Jan 01
(surplus) deficit
EXPENDITURES
Engineering Fees Design
Studies
Land Building Furniture
Equipment
Construction
Roads
Storm Sewers
Water
Sanitary Sewers
Sitework Landscaping
Vehicles 2008
Vehicles 2007
TOTAL EXPENDITURES
FUNDING SOURCES
Project Description Purchase of vehicles.
Reserves /Reserve Funds
Stabilization
Program Specific
Vehicle /Equipment
Building /Facility
Capital
Capital
Development Charge
Debt
Other
Project Name Vehicle Replacement
Project ID. TR1 G/L#12-3-370001-030000
Debentures
External Contributions
Provincial /Federal Grants
Local Improvements
TOTAL FUNDING SOURCES
Closing Balance Dec 31
(surplus) deficit
Department Municipal Works
CURRENT
BUDGET
as of Sept. 30/07
Capital Budget Financial Form
Growth
Lifecycle /On going
Project
New Initiatives 0
YEAR
2007
YEAR
2008
YEAR
2009
YEAR
2010
YEAR
2011
YEAR
2012
484,870
-3,832
210,742
210,742
210,742
210,742
531,298
531,298
932,000
593,090
1,525,090
0
0
0
0
Q:\2008 Budget \Capital Budget \Municipal Works\2008 Reviewed Budget Files \Vehicle Replacement (77a -Cat 1).gpw
Ell
15- Jul -08, 12:03:06 PM
July 21, 2008 BBS- 2008 -05
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
N iag »1 l' a11s
CANADA
Re: BBS- 2008 -05
Indexing of City Development Charges
RECOMMENDATION:
That this report be received for the information of Council.
BACKGROUND:
On July 12, 2004, Council enacted By -law No. 2004 -138 as amended by By -law No. 2007-
48 which establishes a new schedule of development charges commencing August 2,
2004
Section 16 of the above noted by -law stipulates that all development charges established
hereunder shall be adjusted without amendment to the by -law annually on the first day of
August 2005 in accordance with the Statistics Canada Quarterly Construction Price Statics,
Catalogue 62 -2007.
Accordingly, the above index has increased by 7.2 from 2007 to 2008 and the City
Development Charges have been adjusted and are shown in the attached table.
Building Division staff will circulate notification to Builders listed with the City and these
charges are applicable to Building Permit Applications received on August 2, 2008
Recommended by:
Approved by:
Respectfully submitted:
--4WD
"AV
John as f of Building and By -law Services
Ed Dujlovic,
tive Director of Community Services
E 6X;5 905`35,6 wwwriiagarafall's.ca
MacDonald, Chief Administrative Offic
Working Together to Serve Our Community Community Services Department
Building By -law Services
Industrial
NOTES:
July 21, 2008
Residential
Commercial
Single detached dwelling
and semi detached dwelling:
Within the urban area
Within the non -urban area
Townhouse dwelling
Bachelor or one bedroom apartment dwelling
Two or more bedroom apartment dwelling
Urban Area Tourist Core:
Urban Area Excluding Tourist Core:
Non -Urban Area:
C:\Documents and Settings \mt222\Local Settings Temp\ XPgpwigec20082009 City Development Charges.wpd
a r i Fails
CANADA
CITY DEVELOPMENT CHARGES 2008 -2009
Industrial Development Charges were abolished in November 2001.
Working Together to Serve Our Community
$8,870.00 per unit
$4,839.00 per unit
$5,703.00 per unit
$3,554 00 per unit
$4,656.00 per unit
For complete details, refer to By -law 2004 -138.
For map of the Urban Non -Urban areas, refer to Schedule `B" of the By -law.
For map of the Core Tourist Area, refer to Schedule "C" of the By -law
For list of Commercial uses, refer to Schedule "D" of the By -law
BBS 2008 05
City Development Charges are in accordance with the By -Law 2004 -138. Accordingly the charges will
be increased by this amount, effective August 2, 2008 and will be as follows:
$33.05 per square metre of gross floor area ($2.86 per sq. ft.)
$30.10 per square metre of gross floor area ($2.61 per sq. ft)
$26.63 per square metre of gross floor area ($2.31 per sq. ft.)
6X5" 905 =356 7521wwwTniagarafalls:ca•
Community Services Department
Building Bylaw Services
Ext_4257Fax 905
July 21, 2008 F- 2008 -32
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members.
Re: F- 2008 -32
Transit Credit Card Report
RECOMMENDATION:
For the information of Council.
BACKGROUND:
Recommended by:
Approved by:
Respectfully submitted:
Niagarealls
all,
N A D A
On May 31, 2007, the City consolidated the operation of Niagara Transit into the
Transportation Department of the City. At the time of the transition, Council had requested
that a review be conducted on the purchases made on the corporate card of the former
General Manager. In reviewing the corporate card expenses, it should be noted that this
card was the only card used for Commission business. Further, these expenditures
represent a seven year period from December, 1999 to October, 2006 and represent
expenditures made for Commission business. Attached is a summary of the payments
made on the card.
Subsequent to the consolidation of Transit within City operations, staff requiring a
corporate card for business expenses has been issued these items and continue to follow
the policies of all City corporate card holders.
Todd Harrison, Director o
Financial Services
Ken Burden, Executive Director of Corporate Services
‘4 7/
MacDonald, Chief Administrative Officer
ara`Falis ON Canada 1_2E 6X5 905 356 -7521 www.niagarafalls.ca
Working Together to Serve Our Community
Corporate Services Department
Finance
Niagara Transit Commission American Express Purchase Card
December 22, 1999 to October 23, 2006
Cummulative Totals
Number of
Category of Expenses Amount Transactions Range
Meals 19,520 84 182 $11 44 $1,716 71
Gas 24 87 1
Air Fare Flight Insurance 6,754 61 29 $16 20 $759 83
Taxi 296 08 4 $32 40 $118 80
Bus Consultant 28,825 52 36 $26 00 $1,869 51
Train 172 00 1
Hotel 4,835 00 28 $89 58 $616 51
Goods Services 1,906 13 12 $8 11 $873 18
Amex 495 00 5 $99 00
Computer Supplies 6,064 88 40 $17 20 $1,143 17
Advertising 724 91 1
Ministry of Environment 306 77 12 $5 24 $55 31
CAA Subscriptions 302 50 6 $27 50 $55 00
Hardware Stores 547 40 1
Education 535 00 1
71,311.51 359
July 21, 2008 L- 2008 -23
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members.
RECOMMENDATION:
BACKGROUND:
NiagaraJ C AN A D A
Re: L- 2008 -23
Max Brigade Control Line Model Flying Club
Renewal of Licence Agreement with the City
Crowland Park /Schisler Road
Our File No.: 2008 -76
1) That Council authorize a Renewal of Licence Agreement (the "Agreement with
Max Brigade Control Line Model Flying Club, to permit the continued use of a
portion of Crowland Park "subject land for the continued operation of its model
flying club, and
2) That the Mayor and Clerk be authorized to execute said Agreement
In 1995, the City constructed an asphalt flying pad at Crowland Park for the use by the Max
Brigade Control Line Flying Club for a period of five years. The City also entered into an
Agreement with the Flying Club for use of the Crowland Park.
The Agreement dealt with a number of items including the following
hours of operation,
requiring a spotter during practices and competitions,
requiring permits for competitions and special events;
allowing the use of the flying circle on Sundays at 9.00 a m
ensuring the park is maintained in a neat and tidy state, and
the Club maintaining a $3 million Liability Insurance Policy.
2E 6X5 905 356 7521- www.niagarafalls.ca
Working Together to Serve Our Community
Corporate Services Department
Legal Services
July 21, 2008 2 L- 2008 -23
In 1999, the City renewed the Agreement for a further term of ten years and said
Agreement will expire on March 30, 2009 A copy of the Agreement is Attachment "1"
Staff has received no complaints concerning the club's activities
Staff has no objections or concerns with the renewal of the Agreement and it is our
recommendation that the Agreement be renewed for a further term of ten years
Recommended by
Approved by:
Respectfully submitted
K. Beaman /L. Banks
Ken Beaman, City Solicitor
K. E Burden, Executive Director of Corporate Services
MacDonald, Chief Administrative Officer
BETWEEN:
THIS RENEWAL OF LICENSE made effective this 31 day of March, 2009
MAX BRIGADE CONTROL LINE
MODEL FLYING CLUB
Hereinafter referred to as the "Licensee"
and
THE CORPORATION OF THE CITY OF
NIAGARA FALLS,
Hereinafter referred to as the "Licensor"
OF THE FIRST PART,
OF THE SECOND PART.
WHEREAS by License Agreement dated March 12, 1999, (the "Original License
The Corporation of the City of Niagara Falls granted Max Brigade Control Line Model Flying Club,
a License permitting the Licensee to have the right to use a portion of Crowland Park for the purpose
of operating its model flying club, as more particularly described in the Original License, for a term
of Ten (10) years from the 12 day of March, 1999 at an annual cost of One Dollar ($1 00),
NOW THEREFORE THIS RENEWAL OF LICENSE WITNESSETH that in
consideration of the sum of One Dollar ($1 00) paid by the Licensee to the Licensor and other mutual
terms and conditions herein contained and subject to and with the benefit of the Licensor's and
Licensee's covenants, provisos and conditions in all respects as are contained in the Original License,
the parties agree as follows
1. The Licensor hereby grants to the Licensee, a License to have the right to use a
portion of Crowland Park for the purpose of operating its model flying club, subject to the payment
on the same days and in like manner of an annual fee in the amount of ONE DOLLAR ($1.00)
during the renewal term and subject to and with the benefit of the Licensee's and Licensor's
covenants by the Licensor and Licensee and the provisos and conditions contained in the Onginal
License for a penod of a further 10 years commencing March 12, 2009 and ending March, 2015, and
2 The Licensor and Licensee hereby covenant that they shall perform and observe the
covenants, provisos and stipulations in the Original License as fully as if such covenants, provisos
and stipulations had been repeated in this Renewal License, in full, with such modifications only as
are necessary to make them applicable to this Renewal License.
-2-
3 This Agreement shall be effective as of the 31' day of March, 2009
IN WITNESS WHEREOF the Licensee and the Licensors hereto have hereunto
affixed their corporate seals, duly attested by the hands of their proper signing Officers, and the said
signing Officers certify that they have authority to bind their corporation
In the presence of
MAX BRIGADE CONTROL LINE
MODEL FLYING CLUB
Per:
Name:
Title:
Per:
Name:
Title:
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
R.T. (Ted) Salci, MAYOR
Dean Iorfida, CITY CLERK
July 21, 2008 L- 2008 -25
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
Re: L- 2008 -25
Nuisance By -law
Our File No. 2005 -311
RECOMMENDATION:
(i) Urinating in a public place,
(ii) Defecating in a public place,
(iii) Vomiting in a public place,
(iv) Spitting in a public place,
Niag .raaalls
C A N A D A
That Council resolve that the following actions or occurrences shall constitute a public
nuisance.
(v) Knocking over a Canada Post mailbox, newspaper box, bench, fence, blue
box or garbage container, or other subject or object located in a public place,
(vi) Loitering in a public place, and
(vii) Participating in a fight in a public place
BACKGROUND:
The Niagara Regional Police Service have advised that a by -law of this type will assist
them in carrying out their duties with respect to keeping order in public places A search
Working Together to Serve Our Community
Corporate Services Department
Legal Services
July 21, 2008
-2- L- 2008 -25
of the internet indicates that a number of municipalities across the country have very
similar by -laws in place
It appears to be within Council's authority to declare each of the subject activities to be a
nuisance and to forbid them by means of a by -law
The City Solicitor is also currently examining the use of the Nuisance By -law power to deal
with issues that have been raised concerning the distribution of flyers and newspapers
This particular topic will be the subject of a separate report.
Recommended by
Approved by:
Respectfully submitted
K. Beaman /sm
Kenneth L. Beaman, City Solicitor
K E Burden, Executive Director of Corporate Services
acDonald, Chief Administra ive Officer
July 07,2008 MW- 2008 -41
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
Niagar Falls
Re: MW- 2008 -41
Proposed Construction Agreement
Niagara Catholic District School Board
St. Paul High School
1. That staff be authorized to prepare a construction Agreement with the Niagara
Catholic District School Board (NCDSB) for the proposed traffic alignment, new
sidewalk, parking lot expansion and improved kiss `n ride lane at St. Paul High
School.
2. That the Mayor and City Clerk be authorized to execute the necessary agreement.
On January 28, 2008 Council approved the 2008 New Sidewalk Program (MW- 2008 -03)
which included Windermere Avenue from Isaac Street to Camrose Street.
Municipal Works staff received a letter from the NCDSB indicating their concerns regarding
traffic and parking issues at Saint Paul High School. City staff met with representatives
from the NCDSB on May 6, 2008 and presented several suggestions to improve the traffic
and parking problems. Major improvements would include:
the addition of a third driveway at the north end of the school to serve the large
parking area
geometric changes to the middle driveway (exit only) and south driveway (entrance
only)
installation of barrier curb along east side of Windermere Avenue and construct
curb -faced sidewalk from Isaac Street to Camrose Street.
installation of traffic signs_ to reflect new geometric revisions.
6X5:60-35,6-7,521 5 wwwniagar a fallsca
Working Together to Serve Our Community
Community Services Department
Municipal Works
July 07, 2008 2 MW- 2008 -41
The NCDSB has accepted the proposal by the Municipal Works Engineering and
Transportation Services Divisions to enter into an agreement to tender the above works
as a joint construction contract. The NCDSB would reimburse the City upon receipt of our
invoice for
their share of construction.
The estimated costs for the City's portion of the project is $74,000. Funding for this project
is 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
No. 12 -3- 310006- 030000).
Recommended by:
Approved by
Respectfully submitted:
Geoff Ho an, irec •r of Municipal Works
x cu ive
(44 U�{',
C McLeod
S \REPORTS \2008 Reports \MW 2008- 41_NCDSB_St Paul HS.wpd
Epujlovic, E e Director of Community Services
acDonald, Chief Admini trative Officer
July 3, 2008
The City of Niagara Falls
4310 Queen Street,
Niagara Falls, Ontario
L2E 6X5
Dear Mr Holman,
Re: Saint Paul Catholic High School
Traffic Operational Review
Yours truly,
J
James Woods,
Controller of Plant Services
NIAGARA CATHOLIC
DISTRICT SCHOOL BOARD
Attn: Mr. Geoff Holman, Director of Municipal Works
We greatly appreciate the work that the City Traffic Planning Division has done to address the
traffic and parking issues at Saint Paul Catholic High School, and we are in full agreement with
carrying out the recommendations as proposed by Mr John Grubich in his letter dated May 20,
2008.
We would suggest that the work be tendered as one construction project by the City, with a
separate price requested for the portion we are responsible for as listed in the above referenced
letter We would issue a purchase order to the City once our share is determined and would
reimburse the City on receipt of your invoice. I believe we had a similar arrangement in the past
on a project at Father Hennepin Catholic Elementary School on Churchill Street.
Please let us know if you are in agreement with this suggestion, and if there is anything further
you require Your contact for this project is Ms. Tunde Labbancz, Manager of Plant Services,
(905) 735 -0247 X 296.
We look forward to working with you on this project.
cc: Mr. John Grubich, Supervisor, Niagara Falls Traffic Planning
Mr. Mark Ferri
Ms. Tunde Labbancz
Ms. Kathy Levinski
427 Rice Road, Welland, Ontario L3C 7C1
Telephone 905 735 -0240 Facsimile 905 734 -8828 Email info @ncdsb.com
www.niagararc.com
Angelo V. Di lanni, Director of Education Secretary Treasurer
May 20, 2008
Betty Colaneri
School Council Chairperson
Saint Paul Secondary School
3834 Windermere Road
Niagara Falls, ON L2J 2Y5
Dear Ms. Colaneri•
N i aaiaa11s
CAN 1 D A
RE: Saint Paul Secondary School
Traffic Operational Review
Working Together to Serve Our Community
Fil
Munlcl ±al Works
Scan ed
119 r
Rtcc,VED
0 1 MAY t 1 2008 G'
ENGINEERING
9
It was a pleasure meeting on May 6, 2008 with you and Mr. Lostracco to discuss your parking
and traffic concerns. Staff has carried out observations, analysed the situation and has compiled
numerous suggestions to help you manage the school site in a more efficient and safe manner.
Attached is a list of suggested items that taken as a collective whole will improve the parking and
traffic situation at the school. Staff analysed the needs of all users in formulating the
recommendations. Of particular note is the addition of a third driveway at the north end of
school site to serve the large parking area. The middle driveway would function as an outbound
movement only while the south driveway would remain for inbound traffic only Minor
geometric changes are also suggested to ensure compliance.
An important part of ensuring success of the proposed programs is driver adherence to the
protocol for dropping off and /or picking up pupils for the morning and afternoon periods. Thus,
an educational component is necessary by school administrators to instruct parents /guardians on
how to proceed through the front semicircular area in the morning. The vacant parking stalls
along the north perimeter can easily accommodate guardians in the afternoon waiting for their
children to be dismissed. The new driveway will provide convenient egress to these drivers as
they will not need to interact with bus traffic exiting the site. City Staff is confident that as
drivers become accustomed to the new setup and abide by the new procedure, they'll realize it is
convenient for them and many of the operational problems that exist now should no longer be
present.
Our Municipal Works Division is prepared to include the construction of a curb face sidewalk on
the east side of Windermere Road between Isaac Street and the north side of Camrose Street in
the 2008 sidewalk program. However, to advance the project, the City would like a letter of
endorsement from the school by the end of May, if the School Council and Board are satisfied
with our recommendations This would allow us to schedule the sidewalk and
Community Services Department
Transportation Services
Ext 5214 Fax 905 353 -0651
jgrubich @niagarafalls ca
curb construction during the summer
2
Transportation Services Staff will install and replace parking control signing on both Isaac Street
and Windermere Road before the new school year The school frontage will consist of a "no
stopping, 7 00 a.m. to 4:00 p.m., Monday to Friday" restriction to better reflect school operating
hours A painted yellow centre line will be applied throughout the Isaac Street and Windermere
Road junction to delineate right -of -way. Our Staff will monitor the parking/traffic situation in
the first quarter of the new school year and recommend improvements to enhance the operations
as needed.
There may be a financial cost from the school board to contribute to the driveway improvements
in conjunction with the sidewalk installation. We will advise of the estimated cost in the near
future
I hope that our recommendations are well received. If you feel it is of benefit, Staff can be
available to meet with your School Council at its upcoming meeting to discuss our suggestions
We are always open to discuss and evaluate new ideas Thank you for your consideration and we
await your confirmation letter prior to proceeding
Yours truly,
cc. Mike Lostracco, Principal, Saint Paul Secondary School
/Geoff Holman, Director of Municipal Works
Karl Dren, Director of Transportation Services
Chuck McLeod, Project Manager
ich, C E.T
/Supervisor, Traffic Planning
S \TPS \TPS 7 00 Traffic Engineering \TPS 7 15 School Safety Program\2008 \Saint Paul Secondary\Saint Paul Secondary School Letter wpd
Saint Paul Secondary School
Action Items by the City
Install additional signs on the east side of Windermere Road, abutting the school Revise
the times to start the restriction at 7:00 a.m. rather than 8.00 a.m. The road is too narrow
to allow parking, even temporarily on one side, with school buses travelling on
Windermere Road.
Replace faded parking control signs as needed.
Paint a yellow centre line around curve at Isaac Street and Windermere Street.
Construct a curb face sidewalk on the east side of Windermere Road from Isaac Street to
the north side of Camrose Street.
Action Items by the School
Remove the faded stop sign at the south driveway
Install two (2) symbolized "Do Not Enter" signs and "One Way" signs at the south
driveway, facing outbound motorists. One set of signs to be located on each side.
Remove "Enter Only" signs at the south driveway.
Reduce the south driveway to 4 5 metres in width by extending the north curb inward.
Provide a right angled connection for the north curb at the south driveway, instead of a
radius which implies an outbound right turn movement.
Implement some physical impediment to keep drivers off the existing painted crosswalk
at the south driveway. Drivers use this space to carry out their 360 degree turn. The
turning radius of school buses that turn into the south laneway needs to be considered.
Realign the painted crosswalk within the school site at the south driveway slightly to the
south.
Consider removing the speed bumps in bus lane area. These have become a major
deterrent for parents /guardians using the school facilities.
Maintain the existing 3.65 metre bus lane adjacent to the school sidewalk.
Implement "Kiss and Ride" program for the morning period only. It appears that the
early start time allows parents to drive their kids to school The bus lane remains as is,
the adjacent lane would be the pick up /drop off lane to be 3 0 metres wide and the
remaining 3.25 metre space is a bypass lane
Close the southern entrance to the school building in the morning to discourage drop offs
adjacent to this doorway which may impede entry of other vehicles
Instruct parents to park in the large parking lot in the afternoon and wait for their kids.
The parking lot was only about half occupied in the afternoon. The number of
parents /guardians picking up their children at dismissal is far less than the morning and
they can be easily accommodated in the parking area.
Inform and advise parents /guardians of new procedure in a newsletter or other forum for
the upcoming school year. Educating the users on the preferred drop off and pick up
procedure is essential in ensuring success of the program.
Narrow the north driveway to 4.5 metres and make it exclusively for outbound traffic.
The exit is to align with the westbound movement for the adjacent aisle This exit can be
used by drivers in the turnaround area and in the parking facility Two sets of "Do Not
Enter" signs facing motorists on Windermere Road would be required along with "One
Way" arrows
Prioritize the movement of northbound traffic from the bus area by installing stop signs
for the southbound and westbound movements.
Reserve all parking between the two existing driveways for Staff only, as the Kiss and
Ride program will impede entry /exit of these stalls when it is in operation. It was
observed that most school staff arrive before many of the parents drop off their children
and depart well beyond school dismissal.
Instruct all bus drivers to abide by the one -way operation on school property Drivers of
four large school buses parked within the aisle south of the southern access used the
inbound driveway as an exit to proceed west on Isaac Street.
Install "no parking" signs adjacent to the landscaped areas to prevent motorists from
parking in the drive through lane.
Prevent motorists from parking on boulevard (some one consistently parks on the
boulevard next to the disabled parking space)
Delineate designated pedestrian facilities on school site to funnel pupils to future
sidewalk on Windermere Road for those kids walking north.
Remove two or three parking stalls at the southwest corner of the large parking lot and
construct a pedestrian podium to connect the two future pedestrian crossings
Construct a third driveway to the north, aligned with the northernmost east /west aisle and
be 7.2 metres (24 feet) wide. This driveway will be for two -way traffic intended for the
parking area only
Consider expanding the north parking lot particularly if a building expansion is proposed
in the near future. The designer may need to relocate the light standards This would also
help place the new driveway in the most appropriate location.
Considered
One Way on Isaac Street and/or Windemere Road other uses need to be considered as
well, such as the apartment building, church and local residents
Traffic lights at Dorchester Road Camrose Street warrants for the installation of
signals are not justified as consistent side street traffic volumes are not occurring
throughout the day
All -way Stop at Isaac Street and Windermere Road not warranted as it is not defined as
an intersection in the Highway Traffic Act
S \TPS \TPS 7 00 Traffic Engineering \TPS 7 15 School Safety Program\2008 \Saint Paul Secondary\Saint Paul Secondary School Action
Items.wpd
Mr. Geoff Holman, C.E.T.
Director of Municipal Works
4310 Queen Street, P.O. Box 1023,
Niagara Falls, ON 11.2E 6X5.
Dear Mr. Holman:
SAINT PAUL HIGH SCHOOL
SCHOOL COUNCIL
3834 Windermere Rd.
Niagara Falls, 123 2Y5
Re: Safety and Traffic, Windermere Rd., Niagara Falls
On behalf of the School Council, which represents the concerned parents of the
1,100 students enrolled at Saint Paul High School, I am writing to bring to your
attention once again our ongoing concern for their safety.
The dangerous area we are referring to is from Isaac to Windermere, the area in
front of the school and the parking lot beside the school. There have been a
number of incidents that have occurred and once again Tuesday morning another
accident occurred at the corner of Isaac and Dorchester Road. Fortunately, no one
was seriously hurt and I would hate to think that it would take a serious injury
before anything is done about the situation.
Isaac is an extremely small street and not able to handle the large volume of
students being dropped off by bus or vehicles in the morning and picked up in the
afternoon. The congestion only increases due to the lack of sidewalks on either
side of the road and students are walking on the road to maneuver around parked
cars or grassed areas they can't walk on In the winter, with snow banks piled on
either side it only increases the chance of injury occurring and I have personally
witnessed many near miss accidents.
I have taken pictures of the dangerous areas and would be happy to provide them
to you even though still photos do not properly convey the hazardous conditions of
moving traffic that we experience every morning and afternoon.
We would like to set up a meeting with you at your earliest convenience to further
discuss these concerns and possible solutions to help us alleviate this growing
concern. I can be reached by phone, 905 932 -00911 (cell) or by email
bettv(intriguevent.com.
Your attention to this matter is greatly appreciated. Together we can provide a
safe atmosphere for our students.
Sincerely,
Betty Colaneri, Chairperson
Saint Paul School Council.
July 21, 2008 MW- 2008 -47
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2008 -47
Kaliar Road Sidewalk /Roadway Modifications (at Shriners Creek)
Request from St. Vincent de Paul Catholic Elementary School
Parent Council
RECOMMENDATION:
That staff be directed to proceed with the proposed modifications to the sidewalk and
roadway on Kalar Road (at Shriners Creek) using funding from the 2008 Sidewalk
Replacement Program and 2008 Asphalt Overlay Program.
BACKGROUND:
Municipal Works staff received an inquiry from Mrs. Delphina Pietrangelo asking if the City
of Niagara Falls would investigate the safety concerns she had regarding the existing
sidewalk location and configuration on the east side of Kalar Road in particular as it
crosses Shriners Creek.
The sidewalk is of standard 1.5 meter width but is lower than the roadway and unprotected
by a barrier curb and gutter. This configuration allows surface drainage to flow over the
sidewalk and collect in this area making it difficult for pedestrians to traverse during wet
weather and freezing conditions.
More importantly, the sidewalk is not protected by a guide rail or hand railing which creates
a safety risk considering most of the pedestrian activity is by young students and their
parents walking to and from St. Vincent de Paul Catholic Elementary School.
Staff was invited to discuss the matter at a Parent Council meeting on February 19, 2008,
at which time a number of alternatives were discussed. After considerable review, staff is
now in a position to complete the work which has received support from the area residents.
Working Together to Serve Our Community
Community Services Department
Municipal Works
July 21, 2008
2 MW- 2008 -47
The proposed works are estimated to cost approximately $99,000 and will be funded from
within two approved budgets.
2008 Sidewalk Replacement Program $30,000
(Account No. 12 -3- 310006 030000)
2008 Asphalt Overlay Program $70,000
(Account No 12 -3- 310024 030000)
Attached is a cross section drawing entitled, Proposal 5, showing the proposed new
configuration
The funding for this contract was provided in the 2008 General Purpose Budget as a
transfer to capital holding The expenditures forthis project will be recorded as an expense
in the Capital Fund.
The purpose of this report is to inform Council of this cooperative solution to seek their
endorsement.
Recommended by:
Approved by:
Respectfully submitted:
Geoff Hol an, l 'rector of Municipal Works
Ed Dujlovic, Execu we Director of Community Services
acDona l Chief Administrative Officer
a
S• \REPORTS \2008 Reports \MW 2008 -47 Kalar Road Sidewalk Modifications St. Vincent de Paul wpd
REMOVE REPLACE WITH
1 8m WIDE CONC. SIDEWALK PROP 1 8m HIGH CHAIN LINK FENCE
ON EAST EDGE OF SIDEWALK
RELOCATE GUIDE RAIL
TO WEST EDGE OF
OPSD 912.101 912.140
PROP CURB GUTTER
OPSD 600
3.5m Paved Lane 3.5m Paved Lane
SWK
040
1
EX. ORTANA RETAINING WALL
OAKS CONCRETE PRODUCTS
OR APPROVED EQUAL
STANDARD UNIT NATURAL COLOUR
a.--
s MILL OVERLAY 40mmm HL3 ASPHALT
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2% MIN
REGRADE
PROP 1000 PVC SUBDRAI
±1 Om EXIST GRAVEL SHLDR. 1.0m
1
1.8m
TO BE ASPHALTED 75mm THICK HL8
MIN. 300mm GRAN 'A' EXIST GROUND
±1.Om PROP GRAVEL SHLDR. EX. 1000 PVC SUBDRAIN
TO MATCH EXISTING SLOPE
PROP ASPHALT BOULEVARD
GRADE FROM TOP /CURB TO
PROP F/WALK
PROPOSAL 5 $99,000
N.T.S.
APPROVED
DIRECTOR OF MUNICIPAL WORKS
DATE. JULY 2008
MUNICIPAL WORKS
law
SCALE. N.T.S.
REVISION DATE
JULY 2008
KALAR ROAD
DWG. NO
REV
S. \1 Streets File \Kalar Road \xsections.dwg
July 21, 2008 MW- 2008 -48
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
Re: MW- 2008 -48 Contract 2008 -08
2008 Surface Treatment Program
RECOMMENDATION:
1 That the unit prices submitted by the lowest tenderer Norjohn Contracting Paving
be accepted
2 That the Mayor and City Clerk be authorized to execute the necessary agreement.
BACKGROUND:
1.Norjohn Contracting
2.Circle P. Paving
The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean lorfida,
opened tenders on Tuesday, July 8, 2008 at 1.30 p.m for the above noted contract.
Tender documents were picked up by Two (2) Contractors and Two (2) bids were received.
Listed below is a summary of the totaled tendered prices, excluding GST, received from
the Contractors.
Niagara Falls 875,657 10
Stevensville 998,850 00
The lowest tender was received from Norjohn Contracting in the amount of 875,657 10.
This contractor has previously performed similar type projects for the City We are of the
opinion, that this contractor is capable of successfully undertaking this project.
The engineer's estimate for this contract was 790,000.00.
Project Costs.
Awarded Contract (excluding GST)
875,657.10
ww °wir
Working Together to Serve Our Community
Community Services Department
Municipal Works
July 21, 2008 2 MW- 2008 -48
Funding.
2008 Surface Treatment Program 825,000 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- 310040 030000)
This project is scheduled to commence construction July 28, 2008 and all work is to carry
through until September 30, 2008 Surface Treatment will be completed up to the budget
amount utilizing the unit cost in the contract
Approved by:
Recommended by
Respectfully submitted
Ed D
John
o Executive Director of Community Services
M
cDonald, Chief Adminis ative Officer
C Anders
S \REPORTS \2008 Reports \MW 2008 -48 Contract 2008 -08 2008 Surface Treatment.wpd
CITY OF NIAGARA FALLS
CONTRACT #2008 -08
SURFACE TREATMENT OF ROADS
SPECIAL PROVISIONS SUPPLEMENTARY SPECIAL PROVISIONS
GENERAL REQUIREMENTS INFORMATION
All tenderers are to note that the Supplementary Special Provisions have underwent a major
revision as of April 2008. The City will not be responsible for any bidder not being aware of
the changes from previous tender documents. Any tender prices bid should be reflective of the
requirements and provisions as detailed herein. The following General Requirements should
be considered as amendments and /or extensions to the Special Provisions General, as listed
in the Niagara Peninsula Standard Contract Document, latest revision.
1. PROJECT SCOPE
This contract encompasses the provision of all labour, materials and equipment necessary for the
surface treatment of roads on the following streets:
Lincoln Street
Lyon's Creek Road
Koabel Road
Garner Road
Garner Road
Grassy Brook Road (East)
Grassy Brook Road (West)
Willodell Road
Willoughby Drive
Morningstar Road
from
from
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2. CONTRACT EXECUTION
Railway Track to
McKenny Road to
Montrose Road to
Thorold Stone Road to
Mountain Road to
Montrose Road to
Morris Road (Spot Repair)
West Limit
Willodell Road
Beaverdams Road
Thorold Stone Road
End
from Koabel Road to Lemon Road
150m by 6m at Willoughby Drive and Morningstar Road
70m by 6m at Willoughby Drive
The work involves any necessary base repairs, single surface treatment of roads and restoration of
the stone shoulder.
The above description is general only and shall not be construed as limiting the scope of the contract.
All tenderers are reminded of the provisions and requirements for Contract Execution and Failure
to Execute as detailed in the Niagara Peninsula Standard Contract Documents Special Provisions
General, Items G1 and G2. These provisions will be strictly enforced in regard to timing
requireme ts.
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July 21, 2008 MW- 2008 -49
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2008 -49
Contract 2008 -03
2008 Asphalt Overlay Phase #2 City Wide
RECOMMENDATION:
1 That the unit prices submitted by the lowest tenderer Rankin Construction 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 Clerk, Mr Dean lorfida,
opened tenders on Tuesday, July 8, 2008 at 1 p.m. for the above noted contract.
Tender documents were picked up by six (6) Contractors and five (5) bids were received
Listed below is a summary of the totaled tendered prices, excluding GST, received from
the Contractors. Corrected bids
1 Rankin Construction Inc. St. Catharines 628,275 00
2 Steed Evans Thorold 646,997 00
3 Circle P. Paving Stevensville 649,962 50
4 Norjohn Contracting Niagara Falls 673,120 00
5 Lafarge Hamilton 684,643 74 $684,645 64
The lowest tender was received from Rankin Construction Inc in the amount of
$628,275.00. This contractor has previously performed similar type projects for the City.
We are of the opinion, that this contractor is capable of successfully undertaking this
project.
anada L2E 6X5 905 356 www.niagarafalls:ca
Working Together to Serve Our Community
430 Queen Bex
Community Services Department
Municipal Works
July 21, 2008 2 MW- 2008 -49
The engineer's estimate for this contract was 650,000.00
Project Costs:
Awarded Contract (excluding GST)
Funding:
Approved by:
Recommended by:
Respectfully submitted.
Geoff Hol an, irec
/41
628,275 00
Total 628,275.00
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 28, 2008 and all work is to carry
through until October 22, 2008. Overlay will be completed up to the budget amount
utilizing the unit cost in the contract.
of Municipal Works
Ed Dujlovic, Executive Director of Community Services
John Donald, Chief Administrative Officer
C. Anders
S• \REPORTS \2008 Reports \MW 2008 -49 Contract 2008 -03 2008 Asphalt Overlay Phase #2.wpd
PROGRESS ST
DON MURIE ST
PROGRESS ST
MUNICIPAL WORKS
SCALE
N.T.S.
REVISION DATE
07/09/08
DIRECTOR OF MUNICIPAL WORKS
DATE
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2008 -03 ASPHALT OVERLAY OF ROADS
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DIRECTOR OF MUNICIPAL WORKS
APPROVED
SCALE
N.T.S.
REVISION DATE
07/09/08
DWG. NO.
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MUNICIPAL WORKS
2008 -03 ASPHALT OVERLAY OF ROADS
LOCATION MAP
July 21, 2008 PD- 2008 -52
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members.
Ni l gai a a 1 S
Re: PD- 2008 -52
Consultation Process for Wireless Telecommunication Towers
RECOMMENDATION:
That Council adopt the attached Consultation Policy for Wireless Telecommunication
Facilities
BACKGROUND:
Industry Canada is responsible for licensing and approvals for telecommunication
equipment and facilities across Canada. The City does not have control over the location
of these towers through zoning or site plan A building permit is required.
With the proliferation of cell phone use, wireless internet connections, etc., Industry
Canada issued CPC- 2 -0 -03 on January 1, 2008 as a document which outlines the
consultation process required of proponents of wireless facilities. This process requires
the proponents of towers to consult with local land owners and land use authorities (i.e.
City) prior to construction of the facility. Proponents must submit comments from the City
as part of their application to Industry Canada
This report outlines Industry Canada's consultation process and what local considerations
can be brought into the site selection process
The New Industry Canada Consultation Process (CPC- 2 -0 -03)
As noted above, the Ministry requires that a proponent planning to install or modify an
antenna system follow a specific process which involves contacting the municipality and
notifying nearby property owners. In every case, Industry Canada requires that a
proponent of a facility
look into sharing or using existing infrastructure prior to building a new one;
contact the City to identify local concerns;
provide written notification to the public and the City; and
address the concerns of the public and the City.
The City must provide writtenconfirmation to Industry Canada that public consultation with
the City has been co y petedras well as provide any relevant comments.
Working Together to Serve Our Community
Community Services Department
Planning Development
July 21, 2008 2 PD- 2008 -52
Land Use Review
Industry Canada allows land use authorities to create a protocol to suit local issues such
as tower design, siting of the towers and when exemptions to consultation may be
considered Although the City is not the decision maker when it comes to these issues,
Industry Canada requires that proponents address them during the consultation process.
Planning staff has compared the consultation process outlined by Industry Canada and the
protocols established by other municipalities in the Region and in Ontario Based on this
comparison and the policies contained in the City's planning documents, staff prepared a
list of design and siting preferences for Niagara Falls Wherever possible, facilities should
be located outside of and at a maximum distance away from.
existing and future residential areas,
recognized significant natural heritage areas;
cultural heritage sites in the municipal inventory;
the Niagara Escarpment,
the Niagara River Parkway as a scenic roadway;
parks and open space areas;
and should not result in the removal of healthy wooded areas
With respect to the design of facilities, it is recommended that:
Process
within the tourist serving area of the City, building and /or properly designed rooftop
facilities are preferred over free standing structures,
towers are designed to accommodate more than one service (to minimize the
number of towers in an area),
the tower be as unobtrusive as possible and take advantage of elevations and
vegetation to minimize visual impact;
the colour of the tower blend in with the surroundings, and
regard be given to the intent of the setback provisions of the City's Zoning By -law
for towers and that accessory buildings /structures which do not provide structural
support to the tower meet the By -law's requirements
Industry Canada provides exemptions to public consultation in specific instances, including'
maintenance,
minor additions;
towers less than 15m in height; or
temporary installations.
Staff is not recommending any further exemptions
The recommended process is that once the proponent submits the public notification
package on the proposed tower to the City, the Planning Division will circulate the proposal
internally to all divisions for information and comment. A report to City Council will be
prepared by Planning staff which, along with the decision of the Council, will serve as a
written response to Industry Canada.
July 21, 2008
Under Industry Canada's protocol, the proponent is responsible to consult local land
owners within the distance specified by Industry Canada. This may be in the form of an
open house, public information meeting or mail out. It is Staff's recommendation that a
Public Information Meeting be conducted by the proponent for any facility which is not
exempt. The comments /concerns received from the public, the efforts of the proponent
to address those issues, and the minutes of the meeting should be submitted to the City
which will be attached to the Staff report for the information of Council. It is noted that the
responsibility to respond to public comments lies with the proponent and not with the City.
Consultation Fee
The City's role will be that of a commenting agency In keeping with the City's direction to
establish a user fee system within the municipality, a consultation fee of $400.00 will be
required to cover the administrative costs of reviewing the antenna /tower proposal and
preparation of the report and response. An additional fee of $100 00 for the preparation
of a mailing list, when requested, will be applied.
CONCLUSION:
A Consultation Protocol for radio telecommunication towers has been developed for the
City of Niagara Falls which adds design and siting detail to the Default Consultation
Process issued by Industry Canada.
Recommended by
Approved by:
Respectfully submitted:
F Berardi:mb
Attach.
3 PD- 2008 -52
ovic, Exe
cDonald, Chief Administr
Alex Herlovitch, Dire of Planning Development
EdD
Joh
S \PDR\2008 \PD- 2008 -52, Consultation Process Wireless Telecom Towers.wpd
or of Community Services
we Officer
July 21, 2008
COMMUNITY SERVICES
Planning Development
DATE EFFECTED
July 2008
DATE OF REVISION
PROCEDURE
Consultation Process for
Radio
Telecommunication
Facilities
Report PD- 2008 -52
1. It is recognized that Industry Canada is responsible for the licensing and approval
of telecommunication equipment and facilities across Canada and considers the
input of local land use authorities and residents important elements to consider.
2. The City of Niagara Falls shall be a commenting agency on any proposal to
construct such facilities, unless the works are exempt under the Default
Consultation Protocol issued by Industry Canada
3. In addition to the requirements of Industry Canada's Default Public Consultation
Protocol, the proponent of any telecommunication facility shall meet the following
design and siting policies and, if it is unable to do so, provide the City with a proper
justification of their reasons.
Facilities shall be located outside of and at the maximum distance away from.
In terms of siting:
4
PD- 2008 -52
Section 500.20
built residential structures /areas, areas zoned or designated for future
residential use;
significant natural heritage areas as designated by the Niagara Region, the
City or the Niagara Peninsula Conservation Authority;
cultural heritage sites including sites listed or designated under the City's
Register of Heritage Properties;
the Niagara Escarpment unless approval of the location has been obtained
by the Niagara Escarpment Commission,
the Niagara Parkway being designated as a scenic roadway in the City's
Official Plan;
parks and open space areas,
and should not result in the removal of healthy wooded areas.
building /rooftop facilities, where properly designed, are preferred rather than
towers within the tourist serving areas of the City;
towers should be designed to accommodate more than one service in order
to minimize the number of towers in each area;
the tower should be as unobtrusive as possible and take advantage of
elevations, topography and existing vegetation to minimize visual impact;
the colour of the tower should blend in and reflect the surrounding area; and
regard shall be given to the intent of the provisions of the City's Zoning By-
law in siting an antenna support structure. Accessory buildings /structures
not providing structural support to the tower or antenna shall comply with the
setback and lot coverage requirements of the City's Zoning By -law.
July 21, 2008
5
PD- 2008 -52
4 The proponent shall conduct a public information meeting for all proposals not
exempt by Industry Canada and shall forward any minutes, written or oral concerns
or issues received from the public through the consultation process, as well as the
efforts of the proponent to address those issues, to the City prior to the City's
preparation of a response.
5 Staff shall circulate any proposal for a telecommunication facility not exempt under
the provisions of Industry Canada's Default Public Consultation Process, to all
internal departments for information and comment.
6 A report to City Council will be prepared by Planning Staff which, along with the
decision of the Council, will serve as a written response to Industry Canada.
7. Any issue on design or siting of a proposed facility which cannot be agreed upon by
the City and the proponent shall be forwarded in written form directly to Industry
Canada for mediation.
July 21, 2008 PD- 2008 -68
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
RECOMMENDATION:
BACKGROUND:
Niag;. aFallA
w, CA N A1)A
Re: PD- 2008 -68
Matters Arising from the Municipal Heritage Committee
That Council approve the Designated Property Grant for two thirds of the eligible costs for
the restoration of the painted finish on the Egerton Morden House located at 6145 Corwin
Avenue, to a maximum of $3,000 as outlined in this report.
The Municipal Heritage Committee held its regular meeting on June 25, 2008. The
following matter requires Council's consideration'
Designated Property Grant Application 6145 Corwin Avenue
An application was received from the owner of the Egerton Morden House to assist with
the cost of restoring the painted finish on the exterior of the house. The colours of paint to
be used will be consistent with the colours which originally appeared on the house.
The estimated cost of the paint, materials and labour will be approximately $4,000, of
which two thirds (2,664 00) will be eligible underthe Designated Property Grant Guidelines.
Recommended by
Approved by:
Respectfully submitted.
John M
Alex Herlovitch,Jjirector of Planning Development
Ed Dujlovic, Executive Director of Community Services
Queen tr e e t;
onald, Chief Administrativ Officer
P.Boyle•yb
S' \PDR\2008 \PD- 2008 -68, s`Arising from the Municipal Heritage Committee.wpd
Working Together to Serve Our Community
Community Services Department
Planning Development
July 21, 2008 PD- 2008 -69
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members
Re: PD- 2008 -69
Sidewalk Cafe Licence Agreement with the City
SWC- 02/2008, Antica Pizzeria
5791 Victoria Avenue
RECOMMENDATION:
BACKGROUND:
Niagaraaalls
C A N A D A
That the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on
behalf of the City, with John Masica to permit the operation of a sidewalk cafe over a portion of the
City sidewalk in front of the Antica Pizzeria located at 5791 Victoria Avenue.
John Mascia operates Antica Pizzeria from 5785 and 5791 Victoria Avenue, as shown on Schedule
1 The City currently has a licence agreement with Mr Mascia for the operation of a sidewalk cafe
in front of 5785 Victoria Avenue Mr Mascia has now filed an application to expand the existing cafe
to the area in front of 5791 Victoria Avenue The sidewalk application has been reviewed by staff
and is recommended for approval
The licensed area is approximately 11 60 square metres and is shown hatched on Schedule 1 The
licence fee for 2008 is $290 00 The term of the proposed licence is five years and the sidewalk cafe
will be required to operate in accordance with the City's Sidewalk Cafe Guidelines
The Licencee will also be required to take out and keep in force a comprehensive policy of general
liability and property damage insurance of not less than $2,000,000 00 to cover himself and the City
At its discretion, the City may either terminate or modify the licensed area if the remaining sidewalk
proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that
pedestrian safety could be compromised, or if the City requires the lands for its or another agency's
purpose Each party must give 30 days written notice to terminate the licence
Recommended by
Approved by
Respectfully submitted:
ituJoi,
Alex Herlovitch, irector of Planning Development
Ed Du'Iovic, Executive Director of Community Services
'agora :Falls ON; Canada L2E6X5 905; 356 7521 www niaga ca
A.Dilwaria:mb
Attach.
S: \PDR\2008 \PD- 2008 -69 S
Agreement, Antica Pizzeria, 5791 Victoria Avenue.wpd
cDonald, Chief Administratia/e Officer
Working Together to Serve Our Community
Community Services Department
Planning Development
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ANTICA PIZZERMA (0ROUND FLOOR)
EXISTING PATIO
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LIQUOR SALES LICENSE FLOOR PLANS
CITY OF NIAGARA FALLS
By -law No. 2008
A by -law to authorize the execution of an Agreement with Max Brigade Control Line Model Flying
Club, respecting the continued use of a portion of Crowland Park.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Agreement dated March 31, 2009 and made between Max Brigade Control Line Model
Flying Club and The Corporation of the City of Niagara Falls as City, respecting the continued use
of a portion of Crowland Park for the purpose of operating its model flying club, as attached hereto,
is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other
documents that may be required for the purpose of carrying out the intent of this by -law
3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents
Passed this twenty -first day of July, 2008
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 21, 2008.
July 21, 2008.
July 21, 2008.
BETWEEN:
THIS RENEWAL OF' LICENSE made effective this 31st day of March, 2009
MAX BRIGADE CONTROL LINE
MODEL FLYING CLUB
Hereinafter referred to as the "Licensee"
and
THE CORPORATION OF THE CITY OF
NIAGARA FALLS,
Hereinafter referred to as the "Licensor"
OF THE FIRST PART,
OF THE SECOND PART
WHEREAS by License Agreement dated March 12, 1999, (the "Original License
The Corporation of the City of Niagara Falls granted Max Bngade Control Line Model Flying Club,
a License permitting the Licensee to have the nght to use a portion of Crowland Park for the purpose
of operating its model flying club, as more particularly described in the Ongmal License, for a team
of Ten (10) years from the 12 day of March, 1999 at an annual cost of One Dollar ($1 00),
NOW THEREFORE THIS RENEWAL OF LICENSE WITNESSETH that in
consideration of the sum of One Dollar ($1.00) paid by the Licensee to the Licensor and other mutual
terms and conditions herein contained and subject to and with the benefit of the Licensor's and
Licensee's covenants, provisos and conditions in all respects as are contained in the Original License,
the parties agree as follows
1 The Licensor hereby grants to the Licensee, a License to have the right to use a
portion of Crowland Park for the purpose of operating its model flying club, subject to the payment
on the same days and in like manner of an annual fee in the amount of ONE DOLLAR ($1.00)
during the renewal term and subject to and with the benefit of the Licensee's and Licensor's
covenants by the Licensor and Licensee and the provisos and conditions contained in the Original
License for a period of a further 10 years commencing March 12, 2009 and ending March, 2015, and
2 The Licensor and Licensee hereby covenant that they shall perfoiiii and observe the
covenants, provisos and stipulations in the Original License as fully as if such covenants, provisos
and stipulations had been repeated in this Renewal License, in full, with such modifications only as
are necessary to make them applicable to this Renewal License
3 This Agreement shall be effective as of the 31' day of March, 2009
IN WITNESS WHEREOF the Licensee and the Licensors hereto have hereunto
affixed their corporate seals, duly attested by the hands of their proper signing Officers, and the said
signing Officers certify that they have authority to bind their corporation
In the presence of
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MAX BRIGADE CONTROL LINE
MODEL FLYING CLUB
Name:
Title:
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Per:
R.T. (Ted) Salci, MAYOR
Dean Iorfida, CITY CLERK
CITY OF NIAGARA FALLS
By -law No. 2008
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Antica Pizzeria
Inc respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Antica
Pizzeria Inc located at 5791 Victoria Avenue.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Sidewalk Cafe Licence Agreement dated May 27, 2008, and made between Antica Pizzeria
Inc as Licensee and The Corporation of the City of Niagara Falls as City, respecting the licencing
of a Sidewalk Cafe in front of 5791 Victoria Avenue, as attached hereto, is hereby approved and
authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence
Agreement and all other documents that may be required for the purpose of carrying out the intent
of this by -law
3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents
Passed this twenty -first day of July, 2008
DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR
First Reading
Second Reading.
Third Reading:
July 21, 2008
July 21, 2008
July 21, 2008
THIS AGREEMENT made this 27` day of May, 2008
BETWEEN
ANTICA PIZZERIA INC.,
Hereinafter called the "Licensee"
and
THE CORPORATION OF THE
CITY OF NIAGARA FALLS,
Hereinafter called the "City"
of the FIRST PART,
of the SECOND PART,
WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk
for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown
hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands
AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5791
Victoria Avenue, and more particularly described in Schedule `B" attached hereto (hereinafter
referred to as the "Licensee's lands
AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as
a Licensee for such consideration and upon such terms and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of
the premises, the mutual covenants and conditions herein contained and for valuable consideration,
the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as
follows.
1 The City shall permit the Licensee to occupy and use the City lands from April l sr to October
31 in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the
existing restaurant located on the Licensee's lands.
2. The Licensee acknowledges that it does not have a right to use the City lands, except in
accordance with the conditions of the licence herein contained and that it accepts this licence subject
to such limitations as herein contained.
3 This licence shall commence April I', 2008, and shall terminate on October 31S`, 2013,
subject to its earlier termination.
-2-
4 The Licensee shall pay a fee of Two Hundred Ninety -Three Dollars and Ninety -Three Cents
($293 93) plus GST per annum for such privilege, which fee shall be payable to the Treasurer of the
City in advance on the 1 s' day of April m each and every year during the continuance of the said
privilege, the first of such payments being due and payable upon the signing of this Licence.
5 The Licensee agrees to pay all costs and expenses in connection with the occupancy and use
of the City lands for the purposes of a sidewalk cafe, including its establishment.
6 The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City
Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C"
7 The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage
or injury (including death) to persons or property that would not have happened but for this licence
or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee
shall at all times indemnify and save harmless the City, its officers, employees, and agents from and
against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses,
claims or demands, in any manner based thereupon, arising by reason of or in any way related to the
existence of this licence or anything done or maintained hereunder
8 The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the loss of or damage to property occurring in, on, or
about the City lands with all inclusive coverage of not less than $2,000,000 00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability
endorsement.
9 The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
10 The Licensee shall comply with all the laws of the federal, provincial, or municipal
govennnents that may be applicable to the occupancy and use of the City lands for a sidewalk cafe
in accordance with this licence.
11 The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall
make no structural changes of any kind whatsoever to the City lands without first giving the City
notice of the proposed changes and obtaining the consent of City Council for the proposed changes
12 The Licensee agrees that no building, structure or fixture other than that required for a
sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements
required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and
carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from
whatsoever cause arising.
13 The following schedules are attached to and form part of this agreement, namely Schedules
"A "B" and "C"
14 Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the Licensee and the City as follows
The Licensee
Antica Pizzeria Inc.
5791 Victoria Avenue
Niagara Falls ON L2E 3L6
The City
-3-
The Corporation of the City of Niagara Falls
Attention. Legal Services
4310 Queen Street
P 0 Box 1023
Niagara Falls ON L2E 6X5
Telephone (905) 356 -7521
Facsimile (905) 371 -2892
(1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted below
(2) Such notice shall be deemed to have been given.
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4 30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
(3)
(c)
(c)
-4-
in the case of registered post, on the third day, which is not a holiday
following posting.
The Licensee shall indemnify, save, defend and keep harmless from tune to time and
at all times, the City of, from and against all actions, causes of action, interest,
claims, demands, costs, charges, damages, expenses and loss which the City may at
any time bear, incur, be liable for, sustain or be put unto for any reason or on account
of or by reason of or in the consequence of the City entering into this agreement.
Any such notice, if mailed, shall be conclusively deemed to be given to and received by the
other party three business days after the mailing thereof or if sent by facsimile transmission, on the
date the facsimile transmission was sent.
15 The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby granted by the City in this agreement without the written consent of the City
16 (a) Either party may terminate this licence upon 30 days notice, in writing, to the other
as to its intention to terminate,
(b) The City may modify the site area to which the licence applies to upon 30 days
notice, m writing, if solely m the City's opinion, continuation of the licence
compromises pedestrian safety on the sidewalk, including but not limited to an
increase in pedestrian volume, or the City lands is required for any purpose by the
City or by any public agency; and
Not withstanding any provision in this agreement, in the event of an immediate threat
to public safety the City shall have the unrestricted right to modify the site area.
17 Upon tennmation of this licence, the Licensee shall remove entirely, at its sole expense, from
the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails,
gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and
restore the City lands to its original condition or equivalent with top soil and sod.
18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be
permitted to recover the expenses incurred in remedying the default or breach from the Licensee by
adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427
of the Municipal Act, S 0 2001 c.25 and any successor legislation thereto
-5-
19 Wherever the singular or masculine is used in this agreement they shall be construed as if
the plural or the feminine or the neuter has been used where the context or the party or parties hereto
so require, and the rest of the sentence shall be construed as if the grammatical and terminological
changes hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as Joint.
IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals
duly attested by the hands of their proper signing Officers and the said signing Officers certify that
they have authority to bind their respective Corporations
ANTICA PI ZERIA INC.
40/
Na D t\ Ck�
Titl: Pre sr
Name
Title
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Name. R.T (Ted) Salci
Title Mayor
Name. Dean Iorfrda
Title. City Clerk
FENCING (MIN. 36" HIGH)
FL LEVEL
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PAIN)
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Cu7PCOA9
EXTERIOR PATIO
SCALE 3/32" 1' -0"
ALLEN CHLS ARCHITECTS INC. IS PROVIPING ITS ONTARIO
ASSOCIATION OF ARCHITECTS SEAL ONLY FORA.G,C.Q.
LIQUOR LICENSING VERIFICATION OF FLOOR AREA. I
n SU Turn.
Ap(A
C C J
C
EXISTING PATIO
alien chui architects inc.
EXISTING PATIO
Arr ATROT uROM PLANNER INTERIOR Mgiahl PRGiEGFMMUGEMFNT
ANTICA PIZZERIA (GROUND FLOOR)
NIAGARA FALLS, ONTARIO
-6-
SCHEDULE "A"
to an Agreement dated May 27, 2008,
between
ANTICA PIZZERIA INC
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
LIQUOR SALES LICENSE FLOOR PLANS
-7-
SCHEDULE "B"
to an Agreement dated May 27, 2008,
between
ANTICA PIZZERIA INC
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Lots 86 and 87, Plan 291, Town of Niagara Falls, m the City of Niagara Falls, in the Regional
Municipality of Niagara, being all of PIN 64345 -0068 (LT)
SCHEDULE "C"
to an Agreement dated May 27, 2008,
between
ANTICA PIZZERIA INC
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
SIDEWALK GAFF GUIDELINES
-8-
The City of
Niagara Falls
Canada
Planning and Development
Council Approval September 12, 1994
Revised Mar2003
Introduction:
Sidewalk Cafe Guidelines
The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide
to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review
of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be
considered to ensure safety, aesthetics and compatibility with adjacent land uses. The Guidelines
do not replace any requirements of any other agency, including the Alcohol Gaming Commission
of Ontario (AGCO).
Each application will be reviewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council of the Corporation of the City ofNiagara Falls,
its officers and employees are not bound by the information contained in the Guidelines, nor are they
liable for any reliance placed upon the contents of the Guidelines by any person.
The sidewalk cafe shall conform to any applicable provisions of the Zoning By -law, the Ontario
Building Code, the Fire Code and Site Plan Control.
Definitions:
Outdoor Private Cafe means an outdoor area located entirely within the limits of private property
used on a seasonal basis only for tables and/or stating where meals and/or refreshments are served
and consumed in conjunction with a restaurant on the same property.
Sidewalk Cafe means that portion ofmunicipal property between the property line and the travelled
portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments
are served and consumed in conjunction with a restaurant.
Seasonal means the six month period from May 1 to October 31, both inclusive.
Warms
Zoning:
2
A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A
sidewalk cafe must be part of a restaurant use established in an existing building as defined in the
Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls.
Occupancy and paridng requirements of the sidewalk cafe and the related restaurants will be
calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws
where applicable.
Criteria:
Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site
specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be
maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed
sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk
that does not have heavy pedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian
volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk
width is 3.9 metres (13.0 feet) or less.
FIGURE 2 PEDESTRIAN MOVEMENT
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Placement The placement of a sidewalk cafe will abut the property where the related restaurant use
is located. Alternatively, the sidewalk cafe maybe placed within 0.9 metres (3 feet) of the curb face
parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the
City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an
abutting property/ business, written consent of the affected property/business owner must bcprovided
at the time of application. The. sidewalk cafe may be located at the front or exterior side of a
restaurant use,
Design:
3
Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for
pedestrian movement through the use of decorative fencing, planter boies/containers or similar
barriers. Such barriers should be free standing, structurally sound and finely fabricated. The height
and placement of the barriers should ensure that sight lints are not impeded so that safety is ensured,
The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed.
Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in
accordance with standards of the Ontario Building Code and/or fire regulations, is available at all
times to and from the restaurant. In no case shall this route be less than 1.0 metres (3.2 feet). The
sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and
placement of a sidewalk cafe should not obstruct public access, access to another use in the same
building, or adversely impact on any adjacent building.
Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to
determine the maximum seating capacity of the sidewalk cafe.
Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting
fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers
may bo strategically provided within the limits of a sidewalk cafe. Umbrellr s, fixed awnings and
enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe arca
or encroach into the pcdestrian movement area Fixed or retractable awnings shall be permitted only
where an encroachment agreement with the City has been obtained. All permitted accessories shall
be appropriately maintained at all times by the sidewalk cafe licensee.
Approvals:
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4
Application An application to establish a sidewalk cafe on any portion of municipal property shall
be submitted to Planning and Development Services, together with the necessary fees and drawings
prior to using any municipal lands. The completed application shall be circulated to the Site Plan
Technical Committee for review and comment before entering into an agreement. Notice of
application must be posted in a conspicuous position on the front of the building which can be read
from the sidewalk. At the discretion of the City, notice of the application may be circulated to
owners/business operators abutting the property on either side of the proposed sidewalk cafe for
comment prior to entering into an agreement.
Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or
operator shall enter into an agreement with the Corporation of the City of Niagara Falls concerning,
among other things, the lands involved, period of operation, liability insurance, maintenance and
restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agree to
save harmless the City for any matter arising as a result of the sidewalk cafe and its operation byway
of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be
responsible for securing furniture, fixtures, etc., after hours.
Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance
with the City ofNiagara Falls By -law regarding schedule of fees for service as established from time
to time.
Utilities It will be the responsibility of the operator to secure any necessary approvals and payment
fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to
establishing or operating an outdoor sidewalk cafe.
Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including,
but not limited to, the cleaning of tables and cafe surface and the pick -up of litter. The operator of
the outdoor sidewalk oaf6 shall maintain the sidewalk in a like condition to that at the time of
entering into an agreement with the municipality.
Seasonal Closure All furniture, fixtures and fittings shall be e,.uoved from Cityproperty at the end
of the season in accordance with the terms of the agreement with the City. Any hooks, bolts,
brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place
or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning
operations are not impeded.
Hours The outdoor sidewalk caf6 shall remain closed during the period of 11:00 p.m. and 8:00 a.m.
the following day.
Taxes The operator shall be responsible for payment of all realty and business taxes assessed
against the sidewalk caf6.
Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by-
laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara,
Regional Health Department and Regional Police Force at all times.
CITY OF NIAGARA FALLS
By -law No. 2008
A by -law to authonze the execution of a Subdivision Agreement with 800460 Ontario Limited
respecting Fernwood Subdivision Phase 1
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Subdivision Agreement dated the 17 day of December, 2007 and made between
800460 Ontario Limited and The Corporation of the City of Niagara Falls with respect to the lands
composed of Part of Stamford Township Lots 135 and 138 and part of the road allowance between
Stamford Township Lots 121 and 135, City of Niagara Falls, Regional Municipality of Niagara
subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first
page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as
Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as
described in Schedule "C a copy of which Schedule is attached as Appendix "3" and further
providing for the costs of development charges as described in Schedule "F" attached as Appendix
"4" is hereby approved and authorized.
2 The acquisition by and acceptance of a conveyance or conveyances to The Corporation of
the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all
required road widenings, easements and park lands described in Schedules "G" and "H copies of
which Schedules are attached as Appendices "5" and "6" are hereby approved and authonzed.
3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement,
grants to The Corporation of the City of Niagara Falls of any easement required by it and such other
conveyances, agreements and documents which the City Solicitor deems necessary to carry out the
intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed
Plan of Subdivision, and the Clerk is hereby authorized to affix the corporate seal thereto and to
deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and
documents
Passed this twenty -first day of July, 2008
DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR
First Reading
Second Reading
Third Reading
July 21, 2008
July 21, 2008
July 21, 2008
THIS AGREEMENT made this 17`'' day of December, 2007
BETWEEN
800460 ONTARIO LIMITED
Hereinafter called the "Subdivider
and
THE CORPORATION OF THE
CITY OF NIAGARA FALLS,
Schedule page 5
of the FIRST PART;
Hereinafter called the "City of the SECOND PART;
WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant
to section 51 of the Planning Act, R.S 0 1990, for approval of a plan of subdivision (hereinafter
called "the Plan attached hereto as Schedule "A" and entitled FERNWOOD SUBDIVISION
PHASE 1, being lands comprising Part of Township Lots 135 and 138 and Part of the road
allowance between Stamford Township Lots 121 and 135, in the City of Niagara Falls, and more
particularly described in Schedule "B" attached hereto, hereinafter called "the lands
AND WHEREAS in accordance with the conditions imposed by the Ontario Municipal Board, the
Subdivider is required to enter into this agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's
approval and acceptance of the said plan of subdivision, after compliance with all the requirements
hereinafter set forth, of the roads and streets lard out as public highways on the said plan of
subdivision and the mutual covenants and agreements to be observed and performed by each of the
parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows
Schedule "A"
Fernwood Subdivision Phase 1
This is not a Plan of Survey
KAGIS_Requestc\ 2008\ Schedules SubdivisionsTemwood _Estaus\xn_plan.map
Schedule Page
N
s
Scale
I :NTS
June 2008
*Does not include City Share of Cost
N/A Not applicable due to pre servicing
1. Watermains
Items
Watermams including water service laterals to the street line on all streets
within the subdivision.
2. Sanitary Sewermains
Sanitary swermams including service laterals to the street Line on all streets
within the subdivision.
3. Storm Sewermains and Storm Detention Facilities
Curb, gutter and base asphalt paving of all streets within the subdivision
including the construction of Granular "A" dnveway ramps to all lots within
the subdivision.
6. Finished Roads
Surface asphalt paving of all streets within the subdivision.
Schedule "C"
Fernwood Subdivision Phase 1
Summa Cost of Services
Column I
Total Estimated Cost
*$176,610
$269,570
Column II
Schedule Page
Column III
Cash Deposit Payable Estimated Letter of Credit
When Agreement Signed When Agreement Signed
(N /A)
(N /A)
a) Storm swermains including service laterals and catchbasins on all $502,375 (N /A)
streets within the subdivision.
b) Storm Detention Facility $30 000 (N /A)
4. Granular Roads
Excavation and Granular "A" base of all streets within the subdivision. $172,490 (N /A)
S. Base Roads
$122,000 $122,000
$36,000 $36,000
APPENDIX !'-3"
*Does not include City Share of Cost
N/A Not applicable due to pre servicing
Schedule "C"
Fernwood Subdivision Phase 1
Summary Cost of Services
Items Column I
Total Estimated Cost
Column II
Schedule Page
Column III
Cash Deposit Payable Estimated Letter of Credit
When Agreement Signed When Agreement Signed
7. Sidewalks, Fences and Berm Construction
a) Fencing Block 82 (east and west sides) $144,000 $144,000
acoustic fence on berm
b) Sidewalk Hendershot Boulevard (both sides), Tapestry Court (Lots 8 $74,000 $74,000
to 11) Garner Road (west side abutting Lots 1 49, Block 77)
c) Trail $20,000 $20,000
8. Street Signs
a) Street Name Signs $1,000 $1,000
b) Regulatory and Parking Restriction Signs $625 $625
9. Street Trees $16,000 $16,000
10. Street Lighting $32,500 $32,500
Sub Totals $1,597,170 $625 $445,500
10 Contingency on Items 1 to 10 $159,720 $44,550
`Does not include City Share of Cost
N/A Not applicable due to pre servicing
11. Engineering Costs
Items
a) City's 3 0% administration fees on Items 1 to 10 inclusive
b) Engineering fees 2.5% for inspection of works to be constructed under
Items 1 to 10 inclusive
c) Streetlight consultants inspection fee
12. Lot Grading Performance Deposit
Total Estimated Costs
Schedule "C"
Fernwood Subdivision Phase 1
Summa Cost of Services
Column I
Total Estimated Cost
$47,915
$39,930
$3,200
$1,847,935
$50,000
Column II
$47,915
$39,930
$3,200
Schedule Page
Column III
Cash Deposit Payable Estimated Letter of Credit
When Agreement Signed When Agreement Signed
$91,670 $490,050
$50,000
h., XIONBddV
Development Charges
By -Law #2004 -138
1, 2, 3, 4, 5, 6, 7, 8 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19 20, 21, 22, 23,
24, 25, 26, 27 28, 29, 30, 31, 32, 33,
34, 35, 36, 37, 38, 39, 40, 41, 42, 43,
44, 45, 46, 47, 48, 49, 50, 51, 52, 53,
54, 55, 56, 57, 58, 59, 60, 61, 62, 63,
64, 65, 66, 67, 68, 69, 70, 71, 72, 73,
74 75
S:\I. Subdivisions\2004 -335 Fernwood Subdivision \Schedule F wpd
Units Category of Land Use
Schedule "F"
Fernwood Subdivision Phase 1
Single Family
Schedule Page
Rate /Unit*
$8,274 $3,640 x 75 $273,000
Total 8273,000
NOTE City's share of oversized waterman (Schedule D) totals $2,240 00 and will be credited towards the developer's amount payable of $273,000
Therefore, the developer shall pay $270,760 in development charges.
NOTE The rates and calculation shown reflect the development charges applicable at the time of the agreement as set out in By -law 2004 -138
If the issuance of building permits are issued after this date, the development charges rate at that date will apply
Amount Payable at Subdivision
Agreement
Parkland Dedication
Blocks 76 82
SAL. Subdivisions \2OO4 -335 Fanwood Subdivision\Schedule G.wpd
Schedule "G"
Fernwood Subdivision Phase 1
Schedule Page
Note' This land dedication satisfies the subdivider's requirements for parkland dedication for all
of their Landholdings in Phase 1, Phase H and Phase III as possible future development
area (total 40 782 hectares /100 77 acres)
Schedule "H"
Fernwood Subdivision Phase 1
Easements and Lands to be Deeded to the City of Niagara Falls:
1. Easements To be granted to the City within the lands of the subdivision
a) For rearyard catchbasins and leads 3 0 m wide for full length centered on either
side of lot line between.
i) Lots 20 21
ii) Lots 21 22
iii) Lots 22 23
iv) Lots 24 &25
v) Lpts 34 &35
vi) Lots 37 &38
vii) Lots 44 45
vui) Lots 57 58
ix) Lots 71 &72
2. Blocks To be granted to the City within the lands of the subdivision.
Schedule Page
a) Block 76 Parkland
b) Block 77 Stonnwater Management Pond, Recreational Trail Noise
Attenuation
c) Blocks 78, 79 81 0.30m reserves
d) Block 80 Road Widening
e) Block 82 Walkway
f) Block 83 Woodlot
S:II. Subdivisions \2004 -335 Fernwood Subdivision \Schedule H.wpd
CITY OF NIAGARA FALLS
By -law No. 2008
A by -law to establish part of Lot 22 Plans 6 and 7 Stamford as a public highway, to be known as and
to form part of Riall Street.
WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass
a by -law to establish a highway;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 That part of Lot 22 Plans 6 and 7 Stamford designated as Part 1 on Reference Plan 59R-
13500 in the City ofNiagara Falls, in the Regional Municipality ofNiagara, be established for public
highway purposes.
2. That said part of Lot 22 Plans 6 and 7 Stamford designated as Part 1 on Reference Plan 59R-
13500 that is hereby established as a public highway, be known as and form part of Dorchester Road.
Passed this twenty -first day of July, 2008.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading'
Second Reading:
Third Reading:
July 21, 2008.
July 21, 2008.
July 21, 2008.
First Reading:
Second Reading:
Third Reading:
EANADA
_NIAGARA FALLS
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY -LAW
Number 2008
A by -law to amend By -law No. 96 -50, being
a by -law to regulate parking in Municipal
Lots
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By -law No. 96 -50, Schedule `B" as amended, is hereby repealed and replaced with the
following Schedule `B"
Passed this twenty -first day of July, 2008.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
July 21, 2008
July 21, 2008
July 21, 2008
COLUMN 1 COLUMN 2
Lot Name of
No. Parking Lot
1 Zimmerman
Avenue Lot
2A Market Block
Lot
2B Market Block
Lot
3 Canada Trust
Lot
4 Ellen Avenue
11/06 Lot
5 College St
05/04
7 Huron Ontario
Lot
8 St. Clair Lot
Lot
COLUMN 3 COLUMN 4
Rate/Fee Denominations of Maximum Legal
Coins to be Deposited ParkingLimit Times /Days
$20 00 /month
$25 00 /month
Jan 2004
-2-
$25 00 /month
$30 00 /month
Jan 2004
SCHEDULE "B"
TO
CITY OF NIAGARA FALLS
By -law No 96 -50
MUNICIPAL PARKING LOTS
$0 65 /hr 5 cent,10 cent, 25 cent, Daily
1 dollar coin,
City token
$0 65 /hr 5 cent,10 cent, 25 cent, Daily
1 dollar coin or
City token
$0 65 /hr 5 cent, 10 cent,
25 cent, 1 dollar
coin, 2 dollar coin
or City token
$25 00 /month
$30 00 /month
Jan 2004
$1.50 hr or
$8.00/8 hrs
$45 00 /month
$1.50 per hr/
25 cent min.
for cash/
$1 00 min.
for credit card
or $10 00 max
for 8 hours
$25 00 /month
$30.00 /month
Jan 2004
$25 00 /month
$30 00 /month
Jan 2004
5 cent, 10 cent,
25 cent, 1 dollar
coin, 2 dollar coin
or credit card
5 cent, 10 cent,
25cent, 1 dollar coin,
2 dollar coin, credit
card, or City Token
COLUMN 5
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Revision/Printing Date:2008 07 15
COLUMN 6
8 to 6
Monday to Friday
8 to 6
Monday to Friday
excl. Holidays
8 to 6
Monday to Friday
8 to 6
Monday to Friday
excl. Holidays
8 to 6
Monday to Friday
excl. Holidays
8 to 6
Monday to Friday
24 hrs
8 to 3.00am
Monday to Friday
24 hours
8 to 6 Permit
Monday to Friday
8 to 6
Monday to Friday
COLUMN 7
Control
Permit
Ticket Dispensing
Machine
Permit
Ticket Dispensing
Machine
Ticket Dispensing
Machine
Permit
Ticket Dispensing
Machine
Permit
Ticket Dispensing
Machine
Permit
COLUMN 1 COLUMN 2 COLUMN 3
Lot Name of Rate /Fee
9
No Parking Lot
10
Market Lot
Lot
13 Main Street Lot
14 Lundy;s Lane Lot
15 McGrail Lot
11/06
19 City Hall
11/06 Lot
20 Palmer
Lot
St. Lawrence Lot $0 65 /hr
Lot
12 Sylvia Place Market free
Lot
$20 00 /month
$25 00 /month
Jan 2004
$0 65 /hr
$25 00 /month
$30 00 /month
Jan 2004
11 Chippawa Library $0.50 /hr
Lot
free
free
$1.50 /hr
$8.00/8 hrs
16 Niagara Falls $5 00/9 hrs
Arena Lot
$45 00 /month
18 Kitchener St. $1.50 /hr
11/06 Lot $8.00/8 hrs
$0 75 per hr/
$30 00 /month
U:\By- Laws\2008 By- Laws \080721 \Schedule B By -Law 96- 50.wpd
-3-
COLUMN 4 COLUMN 5
Denominations of Maximum Legal
Coins to be Deposited ParkingLimit
5 cent, 10 cent,
25 cent, 1 dollar
5 cent, 10 cent,
25 cent, 1 dollar
coin, 2 dollar coin
or City token
5 cent, 10 cent,
25 cent coin,
1 dollar coin
n/a
n/a
n/a
5 cent, 10 cent,
25 cent, 1 dollar coin,
2 dollar coin, or
credit card
25 cent, 1 dollar coin,
or City token
5 cent, 10 cent,
25 cent, 1 dollar coin,
2 dollar coin, or
credit card
5 cent, 10 cent,
25 cent, 1 dollar coin,
2 dollar coin, credit
card, or City token
$1.50 per hr/ 5 cent, 10 cent,
25 cent min. 25 cent, 1 dollar coin,
for cash/ 2 dollar coin, credit
$1 00 min. card, or City token
for credit card
or $10.00 max
for 8 hours
Daily
Monday to Friday
excl. Holidays
Daily
Daily
Monday to Friday
excl. Holidays
Daily
6 hrs
6 hrs
6 hrs.
Daily
Daily
24 hrs
Daily
Daily
Daily
Daily
Times/Days
8 to 6
Machine
coin, 2 dollar coin
or City token
8 to 6
Monday to Friday
8 to 6 Ticket Dispensing
Machine
8 to 6 Permit
Monday to Friday
2 Hours 8 to 6
Monday to Friday
6 a.m. -3 a.m.
6 a.m. 3 a.m.
6 a.m. 3 a.m.
24 hrs
8 to 3
May 1 to Oct 31
8 to 3
Monday to Friday
24 hrs
COLUMN 6
8 to 6.00pm
Monday to Friday
excl. Holidays
8 to 6
Monday to Friday
Daily 24 hours Ticket Dispensing
Machine
COLUMN 7
Control
Ticket Dispensing
Permit
Meters
n/a
n/a
n/a
Ticket Dispensing
Machine
Ticket Dispensing
Machine
Permit
Ticket Dispensing
Machine
Ticket Dispensing
Machine
Permit
First Reading:
Second Reading:
Third Reading:
July 21, 2008
July 21, 2008
July 21, 2008
1111 CITY op ►cANADDA
NIAGARA AAA�A_L
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY -LAW
Number 2008
A by -law to amend By -law No. 89 -2000,
being a by -law to regulate parking and
traffic on City Roads. (Metered Areas)
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By -law No. 89 -2000, Schedule "G" as amended, is hereby repealed and replaced with the
following Schedule "G"
Passed this twenty -first day of July, 2008.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
-2-
BYLAW NO. 89 -2000
SCHEDULE G
PARKING METER ZONES
Revision /Printing Date: July 21, 2008
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6
HIGHWAY SIDE BETWEEN FEES MAXIMUM /DAYS
TIMES
Armoury St. North Victoria Ave. and Second Ave. $0.50 /1 hour 2 hours 8:00 a.m. to 6:00 p.m.
$0.25 /30 min Except Sundays and
$0.10 /12 min Holidays
$0.05 /6 min
Bridge St. South Zimmerman Ave. and Erie Ave. $0 75 /1 hour 2 hours 9:00 a.m. to 5:00 p.m.
$0.25 20 min Except Sat., Sundays and
Holidays
Buchanan Ave. Both Spring Street and Ferry Street $1 00 /1 hour 2 hours 8:00 a.m. to 12:00 a.m. Daily
11/06 $0.25 /15 minutes $.025 minimum payment
Bridgewater St. North Laura Secord Pl. and Cummington $0.50 /1 hour 2 hours 8:00 a.m. to 6:00 p.m.
Sq. West $0.25 30 min Except Sat., Sundays and
$0.10 /12 min Holidays
Centre St. North Victoria Ave. and McGrail Ave. $1.50 /1 hour 2 hours 8:00 a.m. to 12:00 a.m.
$0.25 /10 min Oct 1 Mar 31 inclusive
$.025 minimum payment
Clark Avenue Both Ferry Street and Robinson St. $1.50/hour 8 hours 6:00 a.m. 3 a.m.
12/07 $0.25 /10 minutes Daily
$8.00/8 hours $1.00 minimum payment
Clark Avenue Both Ferry Street and Robinson St. $1.50/hour 8 hours 6:00 a.m. -3'00 a.m.
12/07 $0.25 /10 min Daily
$8.00/8 hours $1.00 minimum payment
Clifton Hill Both Falls Ave. and Victoria Ave. $1.50 /1 hour 2 hours 8:00 a..m. to 3:00 am
$0.25 /10 min daily
$.025 minimum payment
Cummington Sq. Both Bridgewater St. and Main St. $0.50 /1 hour 2 hour 8:00 a.m. to 6:00 p.m.
West $0.25 30 min Except Sundays and
$0.10 /12 min Holidays
$0.05 /6 min
Cununington Sq. Both Bridgewater St. and Main St. $0.50 /1 hour 2 hour 8:00 a.m. to 6:00 p.m.
East $0.25 30 min Except Sundays and
$0.10 /12 min Holiday
$0.05 /6 min
Ellen Ave. South Walnut St. and Ferry St. $1.50 /1 hour 3 hours 8:00 a.m. to 3:00 a.m.
$0.25 /10 min daily $.025 minimum payment
Fallsview Blvd Both Petry Street and Robinson Street $1.50/1 hour 8 hours 6:00 a.m. 3:00 a.m. daily
12./07 $0.25 /10 minutes Daily
$8.00/8 hours $1.00 minimum payment
Fallsview Blvd. Both Ferry St. Robinson St. $1.50/hour 8 hours 6:00 a.m. 3:00 a.m.
12/0'1 $0.25 /10 min Daily
$1.00 minimum payment
Fallsview Blvd, East Robinson Street and Murray Street $1.50/hour 5 hours 6:00 a.m. 3:00 a.m.
12/07 $0.25 /10 minutes Daily
$1.00 minimum payment
-3-
Ferry St. Both Victoria Ave. and Ellen Ave $1.50 /1 hour 2 hours 8:00 a.m. to 12:00 a.m.
$0.25 /10 min daily $.025 minimum payment
Ferry St. Both Ellen Ave, and Fallsview Blvd, $1.50/1 hour 2 hours 8:00 am to 1000 pm
$0.25/10 min daily
Ferry St. South Fallsview Blvd. and Stanley Ave. $1.50/1 hour 2 hours 8:00 a.m. to 10:00 p.m.
$0.25 /10 min daily $.025 minimum payment
Ferry St. South 1st spot west of Clark St. $1.50/1 hour 2 hours 8:00 a.m. to 10:00 p.m.
$0.25110 min May 1 Oct 1
$.025 minimum payment
Ferry St. North Stanley Ave. and Gladstone Ave. $0 75 /1 hour 2 hours 8:00 a.m. to 6:00 p.m.
$0.25 /20 min Except Sundays and
$0.10/8 min Holidays
$0.05 /4 min
Ferry St. Both Gladstone Ave. and Main St. $0 75 /1 hour 2 hours 8:00 a.m. to 6:00 p.m.
$0.25 /20 min Except Sundays and
$0.1018 min Holidays
$0 05/4 min
Hunter Street Northeast A point 20 metres northwest of Victoria $1.50 /hour 8 hours 8:00 a.m. to 12:00 a.m. Daily
07/07 Avenue and a point 125 metres northwest $0.25 /10 min $1.00 minimum payment
of Victoria Avenue $8.00/8 hours
Huron St. South Ontario Ave. and St. Clair Ave. $0 75 /1 hour 4 hours 9 a.m to 5:00 p.m.
$0.25 20 min Except Sat., Sundays and
$0 10 /8 min Holidays
$0.05 /4 min
Huron St. North Crysl er Ave. and St. Lawrence Ave. $0.75 /1 hour 2 hours 9:00 a.m. to 5:00 p.m.
$0.25 20 min Except Sat., Sundays and
$0 10 /8 min Holidays
Kitchener St, South Portage Rd. and Stanley Ave. $1 00 /1 hour 2 hours 8:00 a.m. to 10:00 p.m. daily
$0.25 /15 min $.025 minimum payment
Kitchener Street South A point 65 metres west of Victoria 81.00/hour 2 hours 8:00 a.m, to 12:00 a.m.daily
07/07 Avenue and a point 100 metres west of $0.25/15 min $.025 minimum payment
Victoria Avenue
$0.05 /4 min
Laura Secord P1. West Bridgewater St. and Main St. $0.50 /I hour 2 hours 8:00 a.m to 6:00 p.m,
$0.25 30 min Except Sundays and Holidays
Livingstone Street Both Stanley Ave and Fallsview Blvd $1.50/hour 8 hours 6:00 a.m. 3:00 a.m.
12/07 $0.25 /10 minutes Daily
$8.00/8 hours $1 00 minimum payment
Main St. East Peer St. And Robinson St. $0.75 /1 hour 2 hours 8:00 a.m to 6:00 p.m.
11/04 $0.25 /20 min Except Saturdays, Sundays and
$0.10 /8 min Holidays
$0.05 /4 min
Main St. East Peer St. And Summer St. $0.75 /1 hour 2 hours 8:00 a.m, to 6:00 p.m.
11/04 $0.25 /20 min Except Sundays and
$0 10 /8 min Holidays
$0.05 /4 min
Main St. West Summer St. and Culp St. $0 75 /1 hour 2 hour 8:00 a.m. to 6 p.m.
$0.25/20 min Except Sundays and
$0 10 /8 min Holidays
$0.05 /4 min
Main Street Both Allendale Avenue/Murray Street and $1.50/hour 2 hour 6:00 a.m. 3:00 a.m.
12/07 Stanley Avenue $0.25/ 10 min Daily
$1.00 minimum payment
Main St.(Chippawa) South Cummington Sq. East and $0.50 /I hour 2 hour 8:00 a.m. to 6 p.m.
Willoughby Dr. $0.25 30 min Except Sundays and
$0.10 /12 min Holidays
$0.05 /6 min
Main St.(Chippawa) South Cummington Sq. East and $0.50/1 hour 2 hour 8:00 a.m. to 6:00 p.m.
Willoughby Dr. $0.25 30 min Except Sundays and
$0.10 /12 min Holidays
Main St.
Main Street
12/07
Main Street
12/07
Both North St. and Summer St. $1.00 /1 hour
$0.25 /15 min
North
South
-4-
A point 75 metres west of Allendale Avenue $1.00/hour
and a point 155 metres west of Allendale $0.25/15 nun
Avenue Token 15 min
$0 05/ 6 min
credit card
$5.00 for 8 hours
A point 70 metres west of Allendale Avenue $1 00 /hour
and a point 145 metres west of Allendale $0.25/15 min
Avenue Token 15 min
$0.05 /6 min
credit card
$5.00 for 8 hours
2 hours
8 hours
8 hours
8:00 a.m. to 1000 p.m.
Daily
6:00 a.m. 3:00 a.m.
Daily
$1.00 minimum payment
6:00 a.m. 3 a.m.
Daily
$1.00 minimum payment
Magdalen St. East Victoria Ave. and Ellen Ave. $1.50 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. daily
$0.25 /10 min $.025 minimum payment
Magdalen St. East Ellen Ave. And Lewis Ave. $1.50 /1 hour 3 hours 8:00 a.rn. to 12:00 a.m. daily
$0.25 /10 min $.025 minimum payment
McGrail Ave. South Walnut St. and Centre St. $1.50/1 hour 3 hours 8:00 a.m. to 12:00 a.m. daily
$0.25 /10 min $.025 minimum payment
McGrail Ave. South Magdalen and Centre St. $1.50 /I hour 3 hours 8:00 a.m. to 12:00 a.m. daily
$0.25 /10 min $.025 minimum payment
Morrison St. South Buckley Ave. and Victoria Ave. $0.75 /1 hour 2 hours 9 a.m. to 5.00 p.m.
$0.25 20 min Except Sat., Sundays and
$0 10 /8 min Holidays
$0 05 /4 min
Ontario Ave. East Huron St. and Morrison St. $0.75 /1 hour 4 hours 9:00 a.m. to 5:00 p.m.
$0.25 20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$005 /4 min
$0.05 /6 min
Ontario Ave. West Huron St. and Morrison St. $0.75 /1 hour 2 hours 9 a.m. to 5 p.m.
$0.25 20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0.05 /4 min
Park St. Both Zinnnerman Ave. and Erie Ave. $0 75 /1 hour 2 hours 9:00 a.m. to 5 p.m.
$0.25 20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0 05 /4 min
Park St. North Ontario Ave. and Crysler Ave $0.75 /1 hour 2 hours 9:00 a.rn. to 5 p.m.
$0.25 20 min Except Sat., Sundays and
$0 10 /8 min Holidays
$0.05 /4 min
Peer St. North Main St. and Sylvia PI. $0 75 /1 hour 2 hours 8:00 a.m. to 6:00 p.m.
$0.25 /20 min Except Sundays and
$0 10 /8 min Holidays
$0.05 /4 min $.025 minimum payment
Portage Rd. Both Kitchener St. and North St. $1 00 /1 hour 2 hours 8:00 a.m. to 10:00 p.m. Daily
$0.25 /15 min $.025 minimum payment
Queen St. South Zimmerman Ave Victoria Ave $035/1 hour 2 hours 9:00 a.m. to 5 p.m.
$0.25/20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0.05 /4 min $.025 minimum payment
Queen St. North Zimmerman Ave and 50 m $0.75/1 hour 2 hours 9:00 a.m. to 5 p.m.
East of St. Clair Ave $0.25/20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0.05 /4 min $.025 minimum payment
Queen St. North St. Clair Avenue and $0.75/1 hour 2 hours 9:00 a.m. to 5:00 p.m.
Victoria Avenue $0.25/20 min Except Sat., Sundays and
$0 10 /8 min Holidays
$0.05 /4 min $.025 minimum payment
Queen St North 30 m east of St. Clair Ave $0.10 /8 min 15 min. 9:00 a.m. to 5:00 p.m.
50 m east of St. Clair Ave $0.05 /4 min Except Sat., Sundays and
(First 2 spots east of St. Clair) Holidays
Robinson St Both Fallsview Blvd. and Clark Ave. $1.50/hour 5 hours 6:00 a.m. 3 a.m. daily
12/07 $0.25 /10 minutes Daily
$1.00 minimum payment
Simcoe St. Both Buckley Ave. and Victoria Ave. $0.50 /1 hour 2 hours 8:00 a.m. to 6:00 p.m.
$0.25 30 min Except Sundays and
$0.10 /12 min Holidays
$0.05 /6 min
St. Clair Ave. East Huron St. and Morrison St. $0 75 /1 hour 2 hours 9 a.m. to 5 p.m.
$0.25 20 min Except Sat., Sundays and
$0 10 /8 min Holidays
$0.05 /4 min
Valley Way Both Queen St. and Morrison St. $0.75 /I hour 2 hours 9:00 a.m. to 5:00 p.m.
$0.25 20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0.05 /4 min $.025 minimum payment
Victoria Ave. Both Centre St. and Ferry St $1.50 /1 hour 2 hours 8:00 a.m. to 12:00 a.m. daily
$0.25/10 min $.025 minimum payment
Victoria Ave. Both Morrison Street and Jepson Street $0.50 /1 hour 2 hours 8:00 a.m. to 6:00 p.m.
11/06 $0.25 30 minutes Except Sundays and
$0.10 /12 minutes Holidays
$0.05 /6 minutes
Victoria Ave. West Jepson St. and Stamford St. $0.50 /1 hour 2 hours 8:O0am to 6:OOpm
$0.05 /6 min Except Sundays and
$0 10 /12 min Holidays
$0.25 /30 min
Victoria Ave. East Jepson St. and Ryerson Cres. $0.50 /1 hour 2 hours 8:OOam to 6:OOpm
$0.25 30 min Except Sundays and
$0 10 /12 min Holidays
Victoria Ave. East Valley Way and Morrison St. $0.75 /1 hour 2 hours 9:OOam to 5:00pm
$0.25 20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0 05 /4 min
Victoria Ave. East Kincaid PI. and McDougall Cres. $0.50 /1 hour 2 hours 8:OOam to 6:OOpm
$0.25 30 min Except Sundays and
$0 10 /12 min Holidays
$0.05 /6 min
Victoria Ave. East Bridge St. and Valley Way $0 75 /1 hour 2 hours 9:OOam to 5.00pm
$0.25 20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$0.05 /4 min
Victoria Ave. West Bridge St. and Maple St. $0.75 /1 hour 2 hours 9:OOam to 5:OOpm
$0.25 20 min Except Sat., Sundays and
$0.10 /8 min Holidays
$005 /4 min
Victoria Ave.
Zimmerman Ave.
West
Both
Kitchener St. and Hwy 420
Bridge St. and Park St.
-5-
$1 00 /1 hour
$0.25 /15 min
$0 10/6 min
$0.05 /3 min
$0 75 /1 hour
$0.25 20 min
$0 10 /8 min
$0.05 /4 min
20 mins 8:OOam to 10.00pm
daily
2 hours
9:OOam to 5:OOpm
Except Sat., Sundays and
Holidays
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 21st day
of July, 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 21S day of July, 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 -first day of July, 2008.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 21, 2008
July 21, 2008
July 21, 2008