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2008/10/06Niagara 1 s 101 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of September 22, 2008 Bicentennial Task Force Park in the City Committee COUNCIL MEETING October 6, 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. DEPUTATIONS /PRESENTATIONS Gord West of the Festival and Events Sub Committee of the Bicentennial Task Force, will advise Council of an upcoming event in which proceeds will be directed to the Legacy Project. Pat Mascarin of the Park in the City Committee will present an award to the Niagara Falls Horticultural Society a Communities in Bloom, Community Corner Award for the Armoury Garden. 2 PLANNING MATTERS Public Meeting AM- 2008 -021, Official Plan and Zoning By -law Amendment Application REVISED 5471, 5491 nd 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 Background Material: Recommendation Report: PD- 2008 -80 -AND Correspondence from the Niagara Parks Commission Correspondence from September 8', 2008 Correspondence from Leslie Khan Correspondence from John Prentice Correspondence from Ken Murphy Correspondence from Lorenzo Siciliano Correspondence from July 21', 2008 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 MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. CUPE -SCFP Request that Wednesday, October 22, 2008 be proclaimed as "Child Care Worker Early Childhood Educator Appreciation" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Niagara Falls Public Library- Request that the week of October 19 25, 2008 be proclaimed as Ontario Public library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Arts Culture Committee Requesting the City of Niagara Falls take a formal stand against Federal cuts to Arts Culture programs. RECOMMENDATION: For the Consideration of Council Anna Etezadi Requesting changes to the City's Animal Control bylaw regarding chickens. RECOMMENDATION: Receive and File Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. PROPERTY MATTERS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following property matter. Chief Administrative Officer 3 REPORTS L- 2008 -33 Permanently Close and Declare Surplus Laneway between Broughton Hickson Avenues. File No. 2008 -228 RATIFICATION OF HUMAN RESOURCES COMMITTEE ACTIONS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -40 Municipal Accounts HR- 2008 -05 Benefits Renewal Sun Life Assurance Company PD- 2008 -85 -CB FIG /2008, Downtown CIP Facade Improvement Grant Application, 4675 Queen Street Dominic Musitano, UFCW Local 102 PD- 2008 -86 Update on Financial Incentive Applications under City's CIP and Proposed Amendment to Residential Loan Program PD- 2008 -87 PLC 2008 -001, Request for Removal of Part Lot Control Portions of Lots 17 18, Lot 19, Registered Plan 59M -251, 6370 -6388 Pinestone Road (Neighbourhoods of St. David's), Owner: Walker Community Development Corporation RESOLUTIONS THEREFORE be it resolved that Niagara Falls City Council supports the Niagara Falls Board of Museums "Lundy's Lane Battlefield Legacy Project" as the project most worthy of submission for the first intake of the Communities Component Agreement of the Building Canada Fund. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -168 A by -law to permanently close part of a highway. 2008 -169 A by -law to declare Lane Plan 997 Niagara Falls lying south of Ferguson Street, north of Buttrey Street, east of Broughton Avenue and west of Hickson Avenue, except Parts 1 and 2 on Reference Plan 59R -8021, and Part 3 on Reference Plan 59R- 10928; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 5 2008 -170 A by -law to designate portions of Lots 17 18 and Lot 19, Registered Plan 59M -251, not be subject to part -lot control. (PLC- 2008 -01) 2008 -171 A by -lawto authorize the execution of a Condominium Conversion Agreement with 6400 Huggins Apartments Inc., with respect to the lands described as Parcel 61 -2 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 1 2 on Reference Plan 59R -9980 except Parts 5 6 on Reference Plan 59R- 13568; s/t Part 2 on 59R -9979 except Parts 22, 23 24 on 59R- 13568; s/t Part 2 on 59R -9979 as in LT120620; t/w Part 2 on 59R -9980 as in LT120621, s/t easement over Parts 18, 20 21 on 59R -13568 except for the benefit of Part Township Lot 61 Stamford being Parts 1, 2, 3 on 59R -9980 except Parts 5 6 on 59R- 13568; Parts 22, 23 24 on 59R -13568 as in SN216225, s/t easement over Parts 20, 26, 28 29 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 1, 2, 3 on 59R -9980 except Parts 5 6 on 59R- 13568; Parts 22 23 24 on 59R -13568 as in SN216225, t/w easement over Parts 11, 12, 16 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224. Parcel 61 -3, Section 59 Stamford, Part Township Lot 61 Stamford being Part 5 on 59R- 13568; t/w easement over Parts 11, 12, 16 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 11 on 59R13568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224. Parcel 61 -3, Section 59 Stamford, Part Township Lot 61 Stamford being Part 6 on 59R 13568; t/w easement over Parts 11, 12, 16 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224; all in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -172 A by -law to authorize the execution of an Encroachment Agreement, dated September 15, 2008, between Louis Joseph Perry and The Corporation of the City of Niagara Falls for the purpose of permitting an encroachment onto a City road allowance. 2008 -173 A by -law to provide for the approval of Amendment No. 86 to the City of Niagara Falls Official Plan. 2008 -174 A by -law to amend By -law Nos. 5335, 1955 and 79 -200 to permit the construction of a 7 storey, 119 -unit apartment building on the land and to repeal By -law Nos. 79 -154, 81 -208 and 84 -131. (AM- 2008 -021) 2008 -175 A by -law to authorize the payment of $7,790,847.97 for General Purposes. 2008 -176 A by -law to adopt, ratify and confirm the actions of City Council at its meeting on the 6th day of October, 2008. NEW BUSINESS (9/23/2008) Teresa Fabbro October 6th, 2008 Page 1 l From: Bob Bolibruck To: Dean Iorfida CC: Beth Angle Date: 8/18/2008 9:11 AM Subject: October 6th, 2008 Dean On behalf of the Festival and Events Sub Committee of the Bicentennial Task Force, can we tentatively request a short deputation before Council on October 6th to promote the 2012 Event scheduled for Saturday, November 15th at the Americana? Thanks Bob (9/29/2008 Dean lortida Re: Fwd Living Green Page 1 From; Kathy Moldenhauer To: Dean Iorfida Date: 9/25/2008 11 :42 AM Subject: Re: Fwd: Living Green CC: Denyse Morrissey; Mark Richardson thanks Dean The Park in the City requests a Council Deputation on Monday, October 6th to Profile Communities in Bloom and to present to the Niagara Falls Horticultural Society a Communities in Bloom, Community Corner award for the Armoury Garden project. Patricia Mascarin will be speaking on behalf of the Park in the City committee. Kathy 0P PROJECT INFORMATION For THE ARMOURY GARDEN Please provide a detailed description of your project, including which Communities in Bloom criteria your project exemplifies. Help us to understand your project! This information will assist the judges in the review of your group /community project. HISTORICAL BACKGROUND: The Niagara Falls Armoury Situated on a lot in the downtown core of the City of Niagara Falls, the Niagara Falls Armoury holds important cultural and historical significance to the community. The Niagara Falls Armoury is one of eleven drill halls built in Ontario between 1896 and 1918. The construction of the building in 1911 was part of a building campaign undertaken in conjunction with the reform and expansion of the Active Volunteer Militia. This was a period of unprecedented reform which turned the Canadian militia from a disorganized, poorly equipped citizens' militia into a competent fighting unit. Thus, the Canadian militia was well prepared for action when the first World War erupted. The Armoury functioned as both a training and recuitment centre during World War I. Thus, the building quickly became an integral part of the social and cultural history of the City. The Armoury created a strong military presence in the City and generated a significant amount of national patriotism and local pride among those who signed on to serve during the First Great War. At the time it was erected, the Armoury served the Lincoln militia. In 1935, they amalgamated to become the Lincoln and Welland militia. Since then, the Armoury has had a continuing role in military action through the Second World War and Korean War, right to the present time. The Armoury Garden In the spring of 2006, the Niagara Falls Horticulture Society proposed a two year, two phase project to landscape the front grounds of the Niagara Falls Armoury. The front grounds of the Armoury was a vast expanse of lawn, with roses growing along the Armoury wall, next to the front doorway. This project was initiated under the leadership of Horticultural Society member David Tetrault with assistance from member, Jackie Lynch. All work has been completed by volunteer members of the Niagara Falls Horticultural Society. The Niagara Falls Horticultural Society set an initial amount of $2,000 for the project. This was mainly for soil amendment and planting material. Material was chosen for seasonal interest, low maintenance, native species and hardiness. A complete list of plants is atttached. In keeping with the heritage designation of the building, the Society planted poppies in the garden, to recognize the men who fought and died in conflicts throughout the years. In order for the building to remain visible from the roadway, no trees or large shrubs were planted. People, Plants and Pride...Growing Together 7856 Fifth Line South, RR#4 Milton, Ontario L9T 2X8 Tel: 1- 877 -640 -4005 Web site: www.cibontario.ca Fax: (905) 875 -4186 E -Mail info @cibontario.ca In 2007, phase two was completed. As a cost saving measure, many of the established plants, with a year of growth under their belt, have been divided and placed into their permanent positions to allow for a more structured framework of this Large colourful bed. hr addition 2,000 Pink Tulips, complimenting the brick on the building, as well as the City of Niagara Falls' official flower, Trumpet Narcissus Unsurpassable Daffodil, were planted in fall of 2006 for a beautiful spring display. As a finishing touch, the Society's sign, was installed and the flag pole was painted by the City. Each .spring, daffodils and tulips provide an amazing display of colours, followed by poppies and then grasses. Fresh mulch, pruning and weeding continue by the volunteers, with additional varieties of flowers being added to the garden. Volunteers have generously given their time and energy for this project. After the initial clean -up, volunteers split the care of the garden on a monthly basis, beginning in May and volunteering until October. The garden is fairly low maintenance and designed to give the community four seasons of pleasure. Most of the work consists of picking up garbage, weeding and a little trimming here and there. Many of the plants were split to sell at the Annual Plant Sale held on a Saturday morning at the local market. The funds raised from the plant sale help to support their many projects. The Niagara Falls Armoury Garden is an oasis on Victoria Avenue and a provides positive example of greening and beautification in the on -going revitalization of our urban spaces. Welcoming butterflies and visitors to the property, the beautiful Armoury Garden is a feast for the eyes and all the senses. October 6, 2008 PD- 2008 -80 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJaIls C A N A D A Re: PD- 2008 -80 AM- 2008 -021, Official Plan and Zoning By-Iaw AmendmentApplication REVISED 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, as revised, 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 to change the Zoning By -law to permit a 7- storey, 119 unit apartment building on the land, subject to the design changes proposed by the applicant in the revised submission. 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 draft Official Plan policy proposed by the applicant is attached as Appendix "A The application is also to 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, as shown on Schedules 2 and 3. The apartment building would have a height of 7storeys at River Road and John Street and a height of 4 storeys at River Lane an,._I 110' D Queen Street PO Box +1023 NiagaraTalls ON Canada 12E 6X5 ,905:356 7521 www.magarafalls to Working Together to Serve Our Community Community Services Departm Planning Development October 6, 2008 2 PD- 2008 -80 The application was originally scheduled to be considered at the Council meeting of July 21, 2008. The applicant requested deferral of the public meeting in order to respond to staff's recommendations for greater setbacks from Philip Street and River Lane and a Section 37 bonusing contribution. Another public meeting, scheduled for September 8, 2008, was deferred to allow a representative of interested residents a chance to attend. The following report is the same report intended to be presented at the September 8, 2008 meeting. The applicant submitted revised plans as shown on Schedule 2. The following changes have been made to the proposal since the July 21, 2008 meeting: Increase the setback of the building above the garage podium from the existing Philip Street right -of -way from 3 metres (9.8 feet) to between 4.5 metres and 6 metres (14.8 feet and 19.7 feet). Increase the setback of the building above the garage podium from River Lane from 3 metres (9.8 feet) to between 4.5 metres and 6 metres (14.8 and 19.7 feet). There is no change to the height and general architecture of the proposed building nor the number of units contained within the building. Circulation Comments City Divisions and Agencies As summarized in PD- 2008 -70. Residents A number of letters of objection have been received and are included on tonight's agenda. Planning Analysis Staff report PD- 2008 -70, attached to this staff report as Appendix "B outlines the merits of the proposed development as summarized below. Staff support the proposal in principle, noting that the building represents an appropriate transition in height between the Tourist Commercial area to the south, where taller buildings are anticipated, to the low -rise residential area to the north. Although the density of the development is significantly higher than that anticipated by the Official Plan, the density can be supported given the site's proximity to the Tourist District, open space areas and the City's arterial road network. In addition, municipal services are available to service the development. Impacts on River Road and John Street are mitigated by the creation of a street level podium along River Road and an angled landscaped setback from John Street. The focus of this supplementary report is to respond to changes affecting the setback from Philip Street and River Lane and the issue of an appropriate Section 37 contribution. October 6, 2008 3 PD- 2008 -80 1. Building Setback from Philip Street The developer originally proposed the building to be set back, from Philip Street, 2 metres (6.6 feet) at the podium /garage level and 3 metres (9.7 feet) for the rest of the building above. To better reflect the established front yard setback of residences along Philip Street, staff recommended the building be set back 6 metres (19.7 feet) from this street. The applicant is now proposing to shift the building southward, setting the podium back 3 metres from Philip Street. Although portions of the wall above the podium would come within 4.5 metres (14.8 feet) of this street, most of this wall would have a setback of 6 metres (19.7 feet). The revised design is generally acceptable. Although the dwellings along Philip Street are typically set back 6 metres, many have large porches or sunrooms that project into the front yard area by about 2 to 3 metres. The proposed elevation would reflect this aspect of the street. The podium would be below the ground at the corner of Philip Street and River Lane, projecting out of the ground about 1.5 metres (5 feet) at the mid point of the block. A terrace would be created above this podium with steps down to Philip Street, creating a streetscape similar to the one created by the porches of the dwellings up the street. To further reflect the established streetscape, balconies should be set back at least 3 metres from Philip Street. The podium will be about 3 metres high at the corner of Philip Street and River Road where it will form a lobby. The applicant wishes to maintain this podium to allow for a first floor terrace. This podium will be highly prominent and a facade to mitigate its impact will need to be secured at the site plan stage. Although the building has been moved closer (about 0.6 metres or 2 feet) to John Street, this is not a concern. Due to the bend in the road, the streetscape of John Street is still maintained with the reduced setback. The proposed setbacks are from the current right -of -ways of Philip and John Streets. Road widenings of 0.9 metres (3 feet) are required along the length of the Philip and John Street frontages. As other dwellings on these streets are set back from the current right -of -ways, the necessary widenings will not affect the existing streetscape. 2. Building Setback from River Lane The original submission proposed the building be set back, from River Lane, a distance of 1.5 metres (5 feet) to the podium /garage level and 3 metres (9.8 feet) above the podium. Planning staff recommended the building setback, above the podium, be increased to 10 metres (32.8 feet). The applicant has expressed concern about this recommendation, noting that it will leave some of the units with odd angles and window placement. Instead the applicant has proposed to increase the building setback from River Lane by a further 1.5 metres. The building would be generally set back above the podium 5 to 6 metres (16.4 to 19.7 feet) from River Lane, save and except for some projections which would be set back about 4.5 metres (14.8 feet) from River Lane. October 6, 2008 4 PD- 2008 -80 Currently, the by -law permits a 4- storey, 13 metre (42.6 foot) high motel to be constructed 3 metres from River Lane. The requested R5E zone would permit a 25 metre (82 foot) high building to locate 7.5 metres (24.6 feet) from River Lane. The proposed building would have a height of between 14 metres (46 feet) at the Philip Street end and 19 metres (62.3 feet) at the John Street end, with several loft projections 2 metres (6.6 feet) higher. Although a more significant setback would have further reduced the massing of this elevation, the proposed setback is consistent with the intent of the current by -law provisions which call for a gradation of setbacks as the building height increases. Furthermore, the width of River Lane provides an additional 6 metre (19.7 foot) setback from the properties to the west. The resulting setback from residential properties to the west will be about 11 to 12 metres (36 to 39.4 feet) which is in excess of the minimum setbacks expected for this height of development. The areas immediately abutting River Lane to the west consist of a parking lot for this development, parking areas for adjacent dwellings and two side yards. These areas are not expected to be excessively impacted by this development. Similar to the Philip Street frontage, balconies should be set back at least 3 metres from River Lane. In addition, to ensure proper screening of the lands to the west it is essential that a dense screen of columnar trees be planted along the landscaping strip between the podium and River Lane. Details of these plantings will be determined at the site plan stage. 3. A Parking (P) zone should be applied to the off -site parking area. The applicant has requested the same site specific R5E zone for the off-site parking area as for the apartment building site. As the off -site parking area will only be used for parking, staff recommend that it be zoned P, with provisions limiting its use to providing parking for the apartment dwelling. The P zone requires a landscape strip 2 metres (6.6 feet) wide along and adjacent to a street. The applicant has redesigned this parking area to address comments from Transportation Services. However, little landscaping is being provided. The maneuvering aisle is 7.2 metres (23.6 feet). By reducing the maneuvering aisle to the 6.3 metres (20.6 feet) required by the zoning by -law and relocating some of the landscaping at the southern side of the parking area to the north side, a landscaping strip of 2 metres can be provided along the adjacent property to the north. The amending by -law should secure this landscaping strip to screen the adjacent residence, in lieu of a landscape strip along River Lane. 4. A Section 37 bonusing agreement contribution should be required. The Planning Act allows Council to pass a zoning by -law to authorize increases in height and density of development beyond that allowed by the Official Plan in exchange for community facilities and /or services. The Official Plan includes policies to address bonusing. In 2006, Council approved a 29 storey, 250 unit apartment building for the site in return for a Section 37 contribution of $500,000. Based on Council's decision, staff previously suggested a contribution of $240,000 to $250,000 be sought for the current proposal based on a 52% reduction in the number of dwelling units. The applicant has objected to this amount stating that it will prevent the project from proceeding. October 6, 2008 Approved by: 5 PD- 2008 -80 Section 37 payments for high -rise hotels over 30 storeys are calculated using a formula based on floor area, construction costs and a percentage contribution. The project is 56 units greater than the highest density in the Official Plan resulting in a net floor area equivalent of 5,229 square metres (56,286 square feet). Based on the City's figures, the cost of high -rise residential construction is $797.25 a square metre; therefore, the bonus floor area has a value of $4,168,820. Applying a 1% contribution would equate to a payment of $41,688 for community facilities. This contribution would be adjusted for the yearly inflation rate if not built in the current year. This amount falls within the range the developer has indicated he is willing to contribute. 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 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 increased setbacks from Philip Street and River Lane has resulted in a higher degree of compatibility with adjacent development as outlined in this report. The applicant will be expected to enter into a Section 37 Bonusing Agreement with the City in order to secure capital contributions in the amount of $41,688 prior to the passing of the implementing zoning by -law. The implementing zoning by -law should incorporate the site specific provisions, as outlined in this report and the attached report. Road and servicing infrastructure are available to serve the development. Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning Development Ejlovic,`1=xe utive Director of Comm nity Services ministrative icer AB:la Attach. S:1PDR120081PD- 2008 -80, AM- 2008 -021, 5471, 5491, 5507 River Rd., Niagara Falls Pointe Ltd.wpd Subject Land Schedule 1 LOCATION MAP Amending the Zoning 8y -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 Schedule 2 PHILLIP STREET PART 2 BODY OF THE AMENDMENT Appendix "A" All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 86 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 86 shall be redesignated from Tourist Commercial, in part, to Residential and identified as Special Policy Area "60" on Schedule "A" of the Official Plan. The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to the Official Plan Amendment No. 86" shall be removed from the Clifton Hill Tourist Subdistrict of the Central Tourist District as identified on Schedule "E" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is amended by adding the following new subsection: 14.60 SPECIAL POLICY AREA "60" Special Policy Area "60" applies to 0.50 hectares of land located on the west side of River Road, between Philip Street and John Street. The land is designated Residential on Schedule "A" of the Official Plan. In addition to the policies contained in Part 2, Section 1.7.5 and Part 4, Section 4.5, the portion of the land between River Road and River Lane may be developed with an apartment building to a maximum building height of 7 storeys and 27 metres, as measured from the intersection of River Road and John Street, and a maximum density of 238 units per hectare. The portion of the site west of River Lane shall only be used for parking and buffering. The density of the project is authorized pursuant to Section 37 of the Planning Act. The owner is required to enter into an agreement with the City, prior to the passage of the amending by -law, to secure a cash contribution which the owner has elected to provide in return for the density of the project.'. The cash contribution is calculated based on the cost of construction per square metre X the floor area of the additional 56 units X 1%. The cash contribution is to be used for the construction of a recreational trail on the lands of the former Michigan Central Railway between the CBD and Newman Hill or for projects approved under the Downtown Community Improvement Plan. The implementing zoning by -law shall include provisions requiring the owner of the land to enter into a Section 37 agreement with the City and specify the details of the project. S:I OFFICIAL. PLNWMENDV l86 Niagara Falls PointetBODY 86.wpd MAP 1 TO AMENDMENT NO. 86 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From: Tourist Commercial, in part Proposed Change To: Residential and SPECIAL POLICY AREA "60" CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA RESIDENTIAL TOURIST COMMERCIAL NOTE: Ibis schedule forms part of Amendment No. 86 to the Official Plan for the City of Niagara Falls X.1GIS_Requestsuoos s [dIlest2oningAv }t- ]lamappw &aaP and it must be read in conjunction with the written text. 1:NTS AM- 2008 -021 September 2008 duty z1 ;tut)* His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members' Niagara,Falls. (THIS MATTER DEFERRED BY COUNCIL 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: BACKGROUND: ru-LUUa•, U 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. The applicant has requested amendments to the Official Plan and Zoning By -law No. 79 2D0 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 for po al are shown on Schedule 2. oeen5tree PO +8ox,7.D23 Niag ara;Eai s ON Canada 122E 6X5 905 356 7527 mtwwniaga ca? Working Together to Serve Our Community Appendix 4 13" 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 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 Building Services Planning Analysis 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 All required Building Permits to be obtained prior to commencement of construction. 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. 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 Official Plan 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 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. Zoning 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 "I" 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 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 lots, 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. 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 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: AliterZ*0-. i fr-4klex Herlovtch, Director of Planning Development A.Bryce /A. Hertovilch: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 Ii John Donald; Chief Admi strative Officer Subject Land V Schedule 1 LOCATION MAP Amending the Zoning By -Iaw 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 Schedule 2 PHILLIP STREET Sep. 11. 2008 2:38PM NIAGARA PARKS ENGINEERING No, 3729 P. 1 Jim Williams Chairman Niagara Parks 1 *1 no sgtnc, of the Gme,nmm, o[Onm,n lino, 1685 Andrew Bryce, Planner 2, THE CITY OF NIAGARA FALLS 4310 Queen Street P. O. Box 1023 Niagara Falls, ON L2E 6X5 RE: AM2008 -021 REVISED OP AND ZONING BY LAW AMENDMENT APPLICATION Niagara Parks staff have reviewed the revised plans and documentation which indicates the building being shifted south to provide a 4.5m to 6.0m setback above the garage to Phillip Street, a slightly reduced setback from John Street and a 4.5m to 6.0m setback above the garage from River Lane. The Niagara Parks Commission has no objections to these revisions and does not affect our response of July 3, 2008. CC Mr Wayne Thomson Yours truly, THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L22 6T2 Well Site. www.niavaranarks.com Engineering Dave Gillis Phone: 995/356.2241, ext. 260 Fax 905/356 -7262 E -Mail: npceng©nlagaraparks.com September 11, 2008 Dave Gillis, MCIP, RPP /cr Manager Planning Properties RECEIVED SEP 1 12008 PLANNING DCVCLOr MCN John Kernoharl General Manager Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: City File: AM- 2008 -021 Revised 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). I am not in favour to this development for the following reasons: the density is 263 uph which is 75% more than the allowable 150 uph the setback from River Road is zero as opposed to 10 metres for residential buildings the setback from Phillip St is 3 metres, which is not in keeping with the rest of the street the setback on River Lane is 1.5 m as opposed to 3 metres for residential buildings. In addition, there is no allowance for a sidewalk. the bonus compensation for all these infractions is now $41,688 down from $240,000 the building has an 85.65% lot coverage and only 14.3% potential green space the building (modern) is a misfit in this historic residential area of Niagara Falls and is better suited to an inner city development. Leslie Khan 4325 Bampfield Street Niagara Falls, ON L2E 107 September 5, 2008 Clerks RECEIVED SEP 5 2008 PLANNING DEVELOPMENT F JOHN PRENTICE tip 4413 JOHNS)" MAGARA FALL5 12E 1A4 _Jo 1 ''!,y Lv D1/1 ABU 217r- c' 41, !/y leae (.4 Q.: A ivy'- 0200 8— o, 3 f rat. /t, 44 -6 J4-mi6*;.# 0-4k -itie „Sir 3,4 Si tiftue) 7Y/ oi (5+ 2 p�arte p �j 9e 1/1/y2//4N ,!/YH� C /yG L Q Lake-cQ 1ta, c L MvL .LiC,y, A 62 -e- Lot_ c 0-1- Am-6 -0 ,A-Q4rn- ev-tit c9'� .vi- e Ilan A '2? G�-G¢ e RECEIVED SEP 5 2608 PLANNING DEVELOPMENT Zon i,,'3 C I cv tte,/ „Art 0./J ma lip- YJ-.I.e Aju&ti' c\_ifitc.eA,P,„Attey CS 1 44 93 /0 ,(tkp„tN v -oa t L2-Egyc RECEIVED SEP 4 2008 PLANNING a DEVELOPMENT R G% /4 7(5_6 8 a a/ R- e,u..I4 i r n o/ r I'('V'2. L C ie q'cvlo L2� 3/b/ og ihd Plen furN.,rn G /dent, §iced o G Cart. it�� q ihetil_t_ 1-6 e-b -ontc tQas din k1� `c e�- wa-(4/ q e in e�,9�' d S4 :ao t ex) I mo. -Cle tk .7444, op,A-ei4 7 1 nAA,e, aonino I e, e'' aft A a0 3-dzi tie Adori-el d J/6 ieg-e) .4. pet zmaixki stozer2i7az-T" te:11,,erAiocitte, gornit2,1 4u4 O ra 5/e ,e, A 1 IA 0 1 e 4Cd 2-O i/g8 logy yy 21 70 'iti W-30 -9057 r R ECEIVED SE? 5 2448 GEVNI.UPMEN't Jul. 15. 2008 2:51PM REGIONAL PLANNING No. 3285 P. 2 SUBJECT: Niagara Region DATE: July 11, 2008 TO: Sue Mabee Planner Development Services Division FROM: William J. Stevens, C,E,T. Development Approvals Manager Official Plan and Zoning Bylaw Amendment Application Applicant/Owner: Niagara Falls Pointe Limited Partnership Proposal: To permit a 7-storey, 119 -unit apartment building on the lands; required parking spaces are to be mainly located in a parking garage Location: 5471, 5491 and 5507 River Road and Vacant Land on the WS of River Lane and on the NW corner of River Road and John Street In the City of Niagara Falls City File: AM- 2008 -021 Our File: D. (ID #6667) Technical staff of the Development Services Division has reviewed the above referenced application and provides the following comments: 1) Servicing This development will be within the sanitary servicing area contributory to the Region's Bender Hill Pumping Station, which has sufficient dry weather capacity to accommodate the anticipated increased sewage flows from this proposed development. This Department will be required to review and approve any municipal servicing extensions under the Ministry of the Environment's Transfer of Review Program. Detailed engineering drawings should be submitted for approval. 2) Traffic Impact Study We acknowledge that this Department has received the River Road Traffic Impact Study completed by Dakar? Corporation and revised May 2008. We Jul. 15, 2008 2:51PM REGIONAL PLANNING No. 3285 P. 3 Wi iarn teven C.E.T. Development Approvals Manager Public Works Department Development Services Division Sue Mabee Planner Development Services Division July 11, 2008 Page 2 of 2 have no Regional concerns with any Transportation issues in this immediate area. We would note that beyond the above -noted Traffic Impact Study, there are 2 additional studies being undertaken, which should be referenced for this development, The Region is currently undertaking an Environmental Assessment of the Regionally -owned portion of Falls Avenue and the surrounding area, which may impact the Regionally -owned areas of Roberts Street/Newman Hill, Victoria Avenue, River Road, Bender Hill and the local area of Falls Avenue. As well, the City of Niagara Falls has commenced an Urbanization Study for this area, involving the residential and tourist sectors and proposed developments. We hope our comments will be of assistance to you in the preparation of your Regional response to this application, CV /cm LAVetmne-Carmen \Niagara Palls CORRESPONDENCE 2008\14692.3ue Mabee.cloc c, Eric L. Flora, P. Eng., CET, Associate Director, Transportation Systems lim Zeoli, Permits, Municipal Law Enforcement Officer Peter Baker, P. Eng., Associate Director, Water Wastewater Engineering Jul. 7. 2008 12:02PM REGIONAL PLANNING To: Andrew Bryce Planner 2 CC: Fax Transmittal Front: Sue Mabee Planner Urgent C] For Review Please Comment Sue Niagara', /5' Region PUBLIC WORKS Development Services Division 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel; 905.964 -3630 Toll -free: 1600- 263.7215 Fax: 905-641-5208 www.reglonal. niagara.on. ca RECEIVED JUL •-72008 PLANNING DEVELOPMENT Fax: memory Date: July 7, 2008 No. 3215 P. 1 Re: Official Plan and Zoning Bylaw Amendment Pages: 4 including cover page AM- 2008 -021 5471, 5491, 5507 River Road 0 Please Please Recycle Reply 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 me 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 Ns facsimile In error, please Immediately nottfy 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: D,10,M.11.23 D.10.M.11.21 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2nd 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. T.he 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 Tharold, ON L2V 417 Tel: 905.984 -3630 Toll- free:1.000- 263.7215 Fax: 905.641.5208 www. regl ana I, n i agara. on.ca Jul. 7. 2008 12:02PM REGIONAL PLANNING No. 3215 P. 3 General Land Use The subject property is located within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of Industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all 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 land 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. Congluslon 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 am/ Cc: Mr. W. Stevens, Regional Public Works Z: \MSWORD \SM\NIAOARA FALLS \OPA \5471, 5491, 5507 River Road \Comments.doo Jul. 3. 2008 3:15PM NIAGARA PARKS ENGINEERING No. 3362 P. 1 Niagara Parks An perry of the Governmento(Onu,io ,inro1211 Jim 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, Dave Gillis, MC1P, RPP /or Manager Planning Properties TILE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niataranarks.com Engineering Dave Gillis Phone: 9051356-2241, ext. 260 Fax 805/356 -7262 E -Mail: npcong @niagaraparks.com July 3, 2008 John Kernahan General Manager ti .44M- :Niagara fadlltssaiiintetionitatdl.Paurtreastaito 7g: wartime* knutitarg cm Ritter Rawl Mike Baidn.iiv ',dr 43511 Qt Stmt. 1}‘. Otitaviio 121 11.622 zurn foirpowidi 18 1.the ettiai5 77 stonris; Awardtarke* ktifikifi6J1rt.eae Rik tit M�.& h‘ietuese at Is: fty.t. ucl!roi, aw,asiinut itihr eiih pitamotim 44e6ilielhnics„ 4 1( is Ass» coeuukplttelw ithis ft.teaetiffbit Jsi1St1iSL area. lxuw< 7054._ C e S 2-on Inc) RECEIVED AUG 2 5 2008 PLANNING DEVELOPMENT Re: AM 2008 021 My concerns: RECEIVED JUL 7 2008 PLANNING 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. 1.wil1 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 Falls. 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. I 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 'roblems. Thank you for your time.. dK. Bill Barran, Property owner: Lot 81, 4450 Philip St., Niagara Falls, On Barratt Construction Co. Ltd. 7-0.1 CLCJITs V. Schoeilkopf plant in operation c. 1950. Start of the Gorge collapse —June 7, 1956. The collapse! C� /CC/ C/G S'S P in The aftermath! June 12, 1956. rey90 .c c. C 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 Fos, ON L2G 4S4 (905) 371-9781 RECEIVED JUL 7 2008 PLANNING DEVELOPMENT Lt1.1C3ArAtJ a).1l ',LC 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: 1 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. Please note that 1 wish to be notified of the adoption of the proposed amendments. Sincerely, Debra Jackson RECEIVED JUL -72008 PLANNING DEVELOPMENT DEVELOPMENT 1-1 9-3/ /V q G if7e a ,z 0-0 02-/ cfc-itc JUL 7 2008 PLANNllaiING T RECEIVED 5-e gwi A7-e-v/27-644(t. Pa, ely L'a 61111 08 o 2 f z/L-644 11 .‹d)-ev-e_ jr -1-4-1 R3/4-n--/Cot,eki,per e, 6 -4-0 0 C'r 1 an vatairxt,n_ ,tryi2t-tstop- "cur_ .-cr>2 7142 t ArAzo vn-oti i f-a17 Wit. ET /(411174.<4 Ste)? Atc1-44;74 -C:•1?? -01‘4_4441 4 P:bzu cicAAJ2_ -01,Lotal oitke 72ty dm a/ 4 tt./) fr a 4 „AL., irte.y., `#'-T,4- t- 4 ,ate. 4 -c/ air --I& ,o4 h car. Jim A o4bc t it 1 4 r I N 44 tLe-0-4 7$1211 L.ChA4LX:t.t -W,01 Z2L-- -.1,19174et± ti .t,&Qst xt.4_ --1-4! xfrn-e( t- S 4 &el. ze),L c g t V te rr,, eniteu, 3 01 5 Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: City File: AM- 2008 -021 Leslie Khan 4325 Bampfield Street Niagara Falls, ON L2E 1G7 July 6, 2008 RECEIVED JUL -7 2008 PLANNING DEVELOPMENT 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 4434 Philip St. Niagara Falls, ON L2E IA6 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 PLANNING DEVELOPMENT 1 am writing this letter to oppose the request for amendments as per city File AM- 2008 -021 that would pennit the construction of a 7 storey, 119 unit apartment building on River Road between Philip and John Streets. 1 will be adversely affected by this project as it will be built directly beside my property blocking the view of the gorge that 1 currently enjoy along with my guests who stay at my bed and breakfast. 1 suggest that City Council not approve this plan and adhere to the current height restriction of four stories. Please note that 1 wish to be notified of the adoption of the proposed amendments. Sincerely, Susie Ong (7/10/2008) Yvonne Blais Fwd: Fw: Apartment River Road John St. From: Alex Herlovitch LU't\ (j 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" <janice winq(alcogeco,ra> 7/10/2008 9:59 AM Hi Italia, 1 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 RECEIVED JUL 1 0 2008 PLANNING &.DEVELOPMENT Original Message From: Marya Buckingham mailto;mhurkinl{albecon.orq To: Janice Wing mailto:janice winq(Ocogeco.ca Sent: Wednesday, July 09, 2008 11:34 PM Subject: Apartment River Road John St. 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 letter 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 packing 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. (7/1012008) Yvonne Blais Fwd: Fw: Apartment River Road John St. Thank -you for your attention to this matter, Sincerely, Marya F. Buckingham, 4674 Eastwood Avenue Niagar Afalls, On L2E 185 905- 356 -5228 mbuckin 1(thbecon.orq 1 am using the free version of SPAMfighter for private users, It has removed 27 spam emails to date. Paying users do not have this message In their emalls. Try SPAMfighter http: /www.spamfinhter.com /len for free now! Page 2 N o I F John FaII s, O N L2 E t Prsnllce OQ 4413John $t I\(l \'y'', JYy�r1j Mort Fail ON 12A4 JJ /J �LSC. o R S4-eo 4,m -a oo g a l '.4 L;0 .e '77 Awcygq w Office of the Mayor N UL FA LLS CLERKS vl ill 0904 l9:'i F., Inter Department Memorandum TO: Dean Iorfida City Clerk FROM: Cathy Crabbe Executive Secretary Ext. 4202 RE: Council Agenda DATE: September 3, 2008 Please place the attached request for proclamation from CUPE, in recognition of Child Care Worker Early Childhood Educator Appreciation Day, on an upcoming Council Agenda for consideration and approval. aCUPE ,QSCFP August 25, 2008 To Mayors and Councils, We are writing to ask that you and your Council endorse a day of recognition for the many people who work providing care to children in your community. Last year a record number of municipalities proclaimed and celebrated this day of appreciation, and it was a great a success. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday October 22 2008 be proclaimed as Child Care Worker Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic Life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. This benefit comes from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and celebrate this special day. In this case, we ask your Council sponsor public announcements, display our posters and distribute pins. Many municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community recognition for child care workers. Please fax the attached order to request posters and pins to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 22 Please direct any correspondence on proclamations and/or celebration activities to the attention of Kathy Johnson, by mail: CUPE, 305 Milner Ave., Suite 800, Scarborough, ON MIB 3V4, or by fax: 416 292 -2839. Thank you for your consideration. Yours sincerely, gal Der Sid Ryan, Cheryl DeGras President, CUPE Ontario Co- President, OCBCC cc: CMSMs/DSSABs OPEN 491 305 Milner Ave, Suite 801 Scarborough, ON M1B 3V4 Phone: 416- 299 -9739 Fax: 416- 299 -3480 Web: cupe.on.ca E -mail: cupeont @web.net SNED L nee s OFFICE 8th Annual Child Care Worker Early Childhood Educator Appreciation Day October 22, 2008 What your CoWtluuw.t8 CRv, Do The Week of the Child will be celebrated in communities across Canada from October 11 19, 2008. As a complement to this exciting week of events, we will be setting aside October 22, 2008 to celebrate Child Care Worker Early Childhood Educator Appreciation Day. Trained and knowledgeable child care staff is the most important element in quality child care. Studies show that child care providers play a key role in shaping children's social, physical, emotional and cognitive development. This is a great opportunity for local Governments to recognize and show their appreciation by taking the lead in organizing Child Care Worker Early Childhood Educator Appreciation Day. To help you make the Day visible in your community here are some ways you can participate and examples from local Government sponsored events in previous years: Support the resolution declaring October 22 Child Care Worker Early Childhood Educator Appreciation Day. Visit a child care centre and meet all the important people working hard to provide quality child care and early learning environments, and let them know how important they are in making child care work! Distribute buttons and posters call or e -mail us for your FREE materials or fax using the enclosed order form. Examples of past local government celebrations: Bought carnations for staff working in child care centres. Hosted an appreciation dinner including a motivational guest speaker and also sponsored a full day workshop all at no cost to front line staff. Distributed buttons and posters to all child care centres and treated Child Care Workers and ECE staff to a healthy breakfast. Also displayed posters and promoted Child Care Worker and ECE Appreciation Day at centres during the Week of the Child. Had each centre nominate one educator /child care worker to be added to a list of names that were read by the Mayor, along with the resolution. Recognized each early childhood educator and child care worker with a long stemmed rose and a chocolate thank you bar. CMSM donated some funding and each individual program chipped in as well. This is just a short list of activities there are many things you can do to recognize and celebrate the valuable role child care workers play in the lives of children, families and communities. Please contact Sue Parker at the Ontario Coalition for Better Child Care (416- 538 -0628 x2 /toll -free 1 -800- 594 -7514 x2, or email at sue @childcareontario.orq) for further information, posters, buttons and certificates of appreciation. 8 Annual Child Care Worker Early Childhood Educator Appreciation Day October 22, 2008 Resolution Whereas thirty five years of research confirms the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well -being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas recent studies clearly show trained and knowledgeable Early Childhood Educators and child care workers are the most important element in quality child care, and further that good wages and working conditions are associated with higher job satisfaction and morale, lower staff turnover all of which predict higher quality care Therefore Be It Resolved that October 22, 2008 be designated the 8th annual "Child Care Worker Early Childhood Educator Appreciation Day" in recognition of the influence, dedication and commitment of child care workers to children, their families and quality of life of the community. OCBCC COMSEE Child Care Worker and Early Childhood Educator Appreciation Day October 22, 2008 Materials Request Form Please send the following items: PLEASE NOTE THAT THE POSTER IS FRENCH ON ONE SIDE AND ENGLISH ON THE OTHER SIDE #Buttons #Posters A template Certificate of Appreciation will be automatically sent with each request. To: Name: Tel.# Organization (if applicable): Address: City: Prov. Postal Code: Email Address: PLEASE FAX THIS FORM TO THE OCBCC AT FAX# 416 -538 -6737 OR MAIL TOi. OCBCC' 489 College St., Suite 206 Toronto, ON M6G 1A5 Requests will also be accepted by email at: sue @childcareontario.org PLEASE SEND THIS REQUEST Br OCTOBER 13 niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 September 23, 2008 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario NI PG. FILL'S CLERKS '0r, 0'3d4 ii Members: Re: PUBLIC LIBRARY WEEK PROCLAMATION Ontario Public Library Week is Oct. 19 -25, 2008 and it coincides with Canadian Library Month which is also held in October. A strong library system is the cornerstone of a strong community. It is important to recognize the important contribution which public libraries make to education, literacy and life -long learning in Ontario communities. With more than 1,100 service points throughout Ontario, users of public libraries make over 66 million visits to Local libraries across Ontario annually. And now virtually every library branch in the province also provides access to electronic information through the Internet. Check -out our library's popular website www.nflibrary.on.ca The Niagara Falls Public Library requests that City Council proclaim Oct. 19 -25, 2008 Public Library Week in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. We encourage every person to use the public Library this month and throughout the year. Sincerely, Joe Longo Chief Librarian Proclamation WHEREAS public libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS public libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge -based economy; WHEREAS public libraries bolster economic prosperity by providing access to essential decision making information for organizations and businesses; WHEREAS public libraries enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 19- 25, 2008 is Public Library Week in Niagara Falls Signature Community Services Department Parks, Recreation Culture Inter Department Memorandum TO: Mayor Salci Members of Council DATE: September 26, 2008 FROM: Beth Angle Community Development Coordinator RE: Federal Arts Culture Funding Cuts The Niagara Falls Arts Culture Committee respectfully requests that Council consider the importance of arts and culture in our community and make a stand against the Federal cuts to arts and culture spending. Currently, the Niagara Region is experiencing tremendous losses in the industrial sector, in particular with the impending closure of the John Deere Factory in Welland. The City of Niagara Falls has already made a commitment to revitalize areas of the City with the help of arts and culture. Arts and Culture is the emerging economic driving force for our community and beyond. People want to live, work, and play in a vibrant community which includes a wide variety of arts and culture. Tourists are drawn to cities with vibrant arts and culture scenes. An example is the Shaw Festival which has provided a huge draw to the Town of Niagara on the Lake for years and will for years to come. At the September 25, 2008, Arts Culture Committee Meeting, the Federal arts and culture funding cuts amounting to more than forty million dollars were discussed in detail (list attached) and the following motion was made: IT WAS MOVED BY George Vallo, seconded by Laurie Crain -Anez, that the City of Niagara Falls take a formal stand against the Federal cuts to arts and culture programs and that a letter be sent to the following: the Honourable Rob Nicholson, Minister of Justice and Attorney General of Canada, the Honourable Josee Verner, Minister of Canadian Heritage, Status of Women, and Official Languages and Minister for La Francophonies, and the local candidates Joyce Morocco, Liberal, Eric Gillespie, New Democrat, and Shawn Willick, Green Party, and also that the community be encouraged to ask the candidates to articulate their stance on the funding of Arts Culture and to consider arts culture when making voting decisions. Motion Carried Unanimously The members of the Arts Culture Committee appreciate Council's consideration to this request. Working Together to Serve Our Community List of recent cuts in Federal Funding for the Arts (since April 1' 2008) Prepared by the Canadian Conference of the Arts August 20, 2008 E- culture (Culture.ca and Canadian cultural Observatory, including Culturescope.ca) o Budget: 4.3 million o Notice on the Website: The Canadian Cultural Observatory would like to thank its visitors for using the Culturescope.ca interactive portal since 2003. We wish to inform you that Culturescope.ca has been discontinued since April 1st, 2008. This is a result of a Strategic Review of Government of Canada programs and activities announced in the 2008 Budget. The original program objectives of the Cultural Observatory have been fulfilled and the decision to discontinue the Culturescope.ca website reflects the changing conditions in the public digital and online environment. The digital space has evolved tremendously since the Canadian Cultural Observatory was created in 2003. There are now other means for the cultural policy and research community to connect and exchange research. Please note that no new content will be developed. The site will be maintained for the next several months until it is taken offline and archived. In particular, the Culturescope.ca Groups will continue for the next six months with basic support. During this time, every effort will be made to make content and archives related to the Department of Canadian Heritage's mandate available to Canadians as the Department integrates its online services. o http: /www.culturescope.ca /ev en.php ?ID=1 201 &ID2 =DO ROOT Trade Routes Program o Budget: 9 million o Notice on the Website: This is to inform you that the Government of Canada will stop financing contributions under the Trade Routes program at the end of this fiscal year, March 31, 2009. Trade Routes will continue to offer market entry support, in- market assistance and market research services to its clients until the end of the 2009 -10 fiscal year that is, until March 31, 2010. The Government of Canada, through regular reviews of all programs spending in federal departments and agencies, is committed to a more disciplined approach to managing spending in order to deliver programs that are efficient and effective and that meet the priorities of Canadians. The portfolio organizations and delivery partners of the Department of Canadian Heritage, including Canada Council for the Arts, Telefilm Canada and the Association for the Export of Canadian Books will continue to offer programs that have an international component. As well, the Department of Foreign Affairs and International Trade will continue to offer support for Canadian artists and cultural entrepreneurs through its Trade Commissioner Service across Canada and abroad, through its network of diplomatic missions, cultural attaches and trade commissioners. o http: /www.pch.ac.ca/ proles/ ac- ca/moss /rc- tr /prots/nerc -trcp /index e.cfm PromArt (Department of Foreign Affairs and International Trade) o Budget: 4.7 million o Notice on the Website: Please note that the Cultural Sector Grant program mentioned below will be concluded as of March 31, 2009. Please refer to the webpage of your specific discipline for further details. o http: /www.international.gc.ca /culture /artshnenu- en.asp Canadian Independent Film and Video Fund o Budget: $1.5 million o Notice on the Website: Please note that Canadian Heritage's contribution to the CIFVF will not be extended beyond April I 2009. o http: /www.cifvfca/ National Training Program for the Film and Video sector o Budget $2.5 million o Notice on the Website: Please note that funding for the National Training Program for the Film and Video Sector will not be extended beyond April I n 2009. o /www.telefilm.oc.ca/03 /311.as ?Ian en &doc id =39 &fond id =5 Audio visual Preservation Trust o Budget 150,000 o http: /avtrust.ca/en index.htm Canadian culture online (Research and Development Component) o Budget 3,5 million o Notice on the Website: Please note that the New Media Research Networks Fund will not be extended beyond fiscal year 2008 -2009. Also, the New Media R &D Initiative, a pilot program that ended in March 2008, will not be renewed. Through its investments of $27.3 million, the federal government has helped build a strong foundation for innovation in the interactive media sector. These investments, combined with the industry's success, make it possible for the industry to play a key role in interactive media research and development. o http://www.pch.gc.ca/progs/pcce-ccop/progs/mednet-mnrd_e.cfin Canadian Memory Fund o Budget: 11,5 million o Notice on the Website: Please note that the Canadian Memory Fund will not be extended beyond fiscal year 2008 -2009. This program has clearly achieved its original objective to encourage federal agencies to digitize their collections and make them available online to Canadians. Developing Web sites and online documents containing digitized works is now common practice within these agencies. o http: /www.pch.go.ca/ proles /pcce -ccop /progs /mem_e.cfn Canadian Arts and Heritage Sustainability Program (Stabilization Project) o Budget: 627,000 o Notice on the Website: Please note that the Stabilization Component will not be extended beyond fiscal year 2008 -2009. This program has achieved its original objective to strengthen the organizational, administrative and financial health of arts and heritage organizations benefiting from the program, through support provided through third parties. Since stabilization projects are established as an agent of long -term change, usually seven to ten years, applications to this component will no longer be accepted. o http: www pch.ac.ca /progs/pcapc- cahsp /01 e.cfm Canadian Arts and Heritage Sustainability Program (Capacity Building) o Budget: was 6.1 million reduced to 4.3million reduction of 1.8 million (plus 1 million in salary and internal fees) o Notice on the Website: The current funding cycle of the Canadian Arts and Heritage Sustainability Program will expire on March 31, 2010. The last deadline to apply to the Capacity Building Component for the current funding cycle is October 15, 2008 for projects starting in the spring of 2009. Projects submitted to the Department must be entirely completed by March 31, 2010. o http: www. pch.gc.ca /progs /pcapc cahsp /02 e.cfm Canadian Arts and Heritage Sustainability Program (Endangered arts organizations) o Budget: 500,000 o This programs was not posted on Department of Canadian Heritage's Website even though it was listed on the Plans and Priorities of the Department Canada music Fund (Canadian Music Memories Component) o Budget 150,000 To be confirmed Northern Native Broadcast Access Program o Budget 2.1 millions o http: /www.pch.gc.ca/progs /pa- app /progs /paanr -nnbap /index e.cfm Book Publishing Industry Development Program o Budget 1 million o http: /www.pch.gc.ca /progs /ac -ca /progs /padie -bpidp /index e.cfm Canada Magazine Fund o Budget 500,000 o http: /www.pch.gaca/ progs /ac- ca/progs /fem- cmf/index e.cfm Total: 43, 827,000 Dear Mayor Ted Salci and Council Members I would like to present to council a resolution to amend or eliminate the existing live -stock (chickens /rabbits /pigeons /farm animals) By -Law from residentially zoned properties. I am a resident at 5435 Morning Glory Crt in Niagara Falls. I am distressed by a neighbouring property with chickens. My matter is regarding the existing by -law enforcement for the purposes of having chickens /farm animals on a residential lot. I am concerned regarding the following items that are not addressed and would like to understand how the City plans to monitor /oversee /inspects and respond to the FOLLOWING CONCERNS: The proper disposal of chicken /rabbit waste and how it is monitored (health risk to children and the elderly) The proper storage of chicken /rabbit feed and its impact on adjacent residential properties (rat and mice infestation) The proper construction and permit requirement for a structure does it accommodate the appropriate number of chickens (permit required for shed but not for Chicken structure) The health risks in a chicken habitat do they require monitoring for disease control in both transmitting and catching /airborne diseases (in particular regarding avian virus concerns of late) Potential for rezoning of existing property from residential to small farm to allow for tax relief since the chicken habitat certainly will have an impact on resale value therefore a reassessment of adjacent properties would be warranted. I would appreciate that this item be delivered to the next scheduled council meeting for discussion and revision to the by -law Yours Truly Anna Etezadi (905- 374 -8299) 1 9/26/2008 Dean lorfida Re: chicken issue From: To: Date: Subject: Attachments: CC: Mr. Mrs. Etezadi: Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905 -356 -9083 (Fax) Dean Iorfida KAVEH ETEZADI 9/26/2008 2:41 PM Re: chicken issue 2002 /07 /15.pdf John Castrilli Thank you for your letter regarding chickens and, more specifically, the fact that the municipality's Animal Control By -law permits up to 10 chickens, even in the urban area. htto:( /www niaoarafalls ca /city hall deoartments(derks /bylaws /index asp Click Animal Control By -law for full by -law text. I appreciate your concerns, however, the municipality's Animal Control By -law occurred after much public consultation and meetings (see attached report from 2002). It was discovered during that time that a number of properties within the municipality had chickens for personal purposes. The by -law has had Its desired effect eliminating roosters and requiring setbacks for coops and hygienic practices. The municipalities of Waterloo and West Lincoln have actually referred to our by -law in their own animal control deliberations. The by -law has been in place for 6 years and some of the issues you've raised have not been overly problematic. Of course, the municipality still receives complaints on chickens but only 2 or 3 a year, mostly pertaining to noise and odour and not necessarily numbers. Complaints related roosters have lead to the removal of these animals. Coop complaints have been dealt with through building code provisions regarding structure and by enforcing the setbacks outlined in the by -law. Any issues on odour are referred to the Regional Health Department, which has Jurisdiction. There have been no examples of anyone with thickens seeking a rezoning from residential to agricultural zoning and I do not foresee see this happening. I appreciate that it may seem odd that such animals are permitted within the urban boundary, however, one has to remember that urban development has been moving outward, especially towards the western and southern reaches of the City. Also, we found during the public meetings process that there were cultural and lifestyle reasons that people kept chickens. Council could consider amending the animal control by -law to restrict chickens to outside the urban boundary, however, they could also consider "grandfathering" in existing residences with chickens or allow a grace period for compliance. It would be staffs recommendation, at this time, to not amend the by -law. Nonetheless, your correspondence will be listed at the next Council meeting under Communications for Council's consideration. 111Piie The City of is t Niagara Falls Canad His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: July 15, 2002 L- 2002 -33 Second Report of Ad Hoc Committee on Animal Population Control The recommendatinn(sJ contained in this report were adopted as amended by City Council That the revised recommendations set out in Schedule "A" attached hereto, be adopted and the by- law attached as Schedule "B" be passed. r Report L- 2002 -15, attached as Appendix "1 was on the Council agenda for March 25, 2002. That meeting was cancelled out of respect for the passing of Aldennan Gary Hendershot. Thus, the report was never considered by Council, Subsequent to the cancelled meeting, the Committee received a number of complaints about roosters and rabbits. Another public meeting was called to address these concerns. The meeting was held on April 25 in the Council chambers with approximately twenty -five members of the public in attendance. The predominant message from the public which most impressed the Committee was that roosters were a constant nuisance because they crowed from dawn until dusk sometimes before dawn and sometimes after dusk. The continuous crowing of the roosters disturbed the adjacent and abutting neighbours and interfered with the enjoyment of their property, particularly in the summer time. As well, some individuals worked shift work and found it difficult to sleep during the day because of the crowing.. July 15, 2002 -2- The Committee also heard, for the first time, that the neighbours of some of the chicken operations had serious concerns with large numbers ofchickens being permitted in their neighbourhoods. There were stories ofchickens running loose and invading adjacent gardens; carcasses ofchickens found near fences (photographic evidence was presented) and concerns about attracting vermin because of the ready food supply. There have also been several email submissions regarding chickens running loose in residential neighbourhoods, being killed on the road, etc. The Committee carefully considered the representations from the public and has reconsidered the recommendations set out in Report L- 2002 -15, While citizens in this city have enjoyed raising chickens for years, and should be permitted to continue this hobby, there is a sense that the City of Niagara Falls to -day is far different than it was thirty years ago. There is a greater urbanization in the residential areas with smaller lots becoming more prevalent. There appears to be a greater utilization of the backyard for social and recreational uses which could cause more frequent conflicts with chickens. The Committee is therefore recommending that roosters be prohibited inunediately and that only chickens be permitted within the urban boundary of the City. Other recommendations regarding chickens are set out in Schedule "A The Committee further considered representations made by the public with respect to rabbits and heard complaints about odours and communicable diseases. The reasoning and justification for proposing regulations for the keeping of chickens within the urban boundary would likewise apply to the keeping of rabbits within the urban boundary and the Committee sets out its recommendations in Schedule "A Because of the limited number of Council meetings during the summer, the attached proposed Animal Control By -law is submitted for Council's consideration. A number of regulations dealing with animal control will be submitted at a later date but it was felt important to have the by -law passed at this time to ensure that roosters will be removed from the urban areas immediately and that all yards and accessory buildings will comply with the Animal Control By -law so that residents may enjoy the summer. Respectfully Submitted: %Mt Alde Janice Chair L- 2002 -33 1. In this Schedule: 5 SCHEDULE "C" CHICKENS "being at large" means to be found in any place other than the property of the owner of the chicken and "be at large" has a corresponding meaning. 2. No owner shall allow or permit his or her chicken to be at large. 3. No person shall keep a rooster are not permitted within the Urban Boundary. 4. The total number of chickens permitted within the Urban Boundary shall be as follows; (a) On and after July 15, 2002: maximum 20 chickens (b) On and after July 15, 2005: maximum 10 chickens 5. All chicken coops shall be located only in the rear yard and must fully enclose the chickens and prevent them from escaping. 6. The chicken coop shall be designed and constructed to ensure proper ventilation and sufficient space for the chickens and maintained in accordance with good animal husbandry practices and shall keep all vermin out. 7. All dead chickens must be disposed of immediately and in any event, within 24 hours. 8. There must be hygienic storage of and prompt removal of chicken feces. 9. The chicken's food supply must be protected against vermin. 10. All lots housing chickens must have: (1) detached dwellings on them; (2) a frontage of at least 40 feet; and, (3) a depth of at least 100 feet. 11. (1) The chicken coop shall be located at least 25 feet from the rear lot line of the lot on which the chicken coop is located. (2) The chicken coop shall be located at least 15 feet from any side lot line of the lot on which the chicken coop is located. [(9/29/2008) Dean iorfida Re: chicken issue From: To: Date: Subject: CC: Dear Mr iorfida Thank you Kaveh Anna Etezadi "KAVEH ETEZADI" <ketezadi @sympatico.ca> <d i o rfida@ n iag a rafa l ls. ca> 9/26/2008 7:27 PM Re: chicken issue <jcastril l i @n iagarafalls. ca> I appreciate your response to my e -mail how ever I would like to submit an amendment to the by -law that would increase the allowable side yard set back from 20' to 40 feeivhich would be fair in allowing adjacent property owners to benefit the use of their yard without hindering the property owner that has chickens for personal or religious reasons. I trust you will contact me when this issue is brought forward in the next council meeting >From: "Dean iorfida" <diorfida @niagarafalls.ca> >To: KAVEH ETEZADI" <ketezadi @sympatico.ca> >CC: "John Castrilli" <jastrilli @niagarafalls.ca> >Subject: Re: chicken issue Page 1 it S *aft' is of file roil to WOW ettfcliuPfd IIVl(Ulan- mau e S from 6e If1 c,l ro vve 4 have c�t H October 6, 2008 L- 2008 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraaaaaaaaaj3alls CANADA Re: L- 2008 -33 Permanently Close and Declare Surplus Laneway between Broughton Hickson Avenues Our File No.: 2008 -228 That a portion of a laneway located between Ferguson Street and Buttrey Street to the north and south and Hickson Avenue and Broughton Avenue to the east and west "subject land and shown hatched on Attachment "1", be permanently closed and declared surplus. Legal Services has received two requests to permanently close, declare surplus and convey the subject land which is a remnant portion of a laneway located east of Broughton Avenue and west of Hickson Avenue. The request has been circulated to all City departments, public utilities and The Regional Municipality of Niagara, the result of which is that there are no objections to the subject land being permanently closed and declared surplus. The first step in proceeding to sale, given that this is an open road allowance, is to permanently close the road, followed with the declaration of surplus. As such, it is our recommendation that the subject land be permanently closed and declared surplus. A Report dealing with the sale of the subject land will be presented for Council's consideration, at a later date. Public notice of the permanent closure and declaration of surplus was given in the September 27, 2008 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. OQueeni5treet PO Box 1023 Nia ara Falis ON Canadak2E;6X5 905356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services October 6, 2008 Based on all of the above, Staff is recommending that the subject land be declared permanently closed and declared surplus in anticipation of the sale of same. Recommended by: Approved by: Respectfully submitted: K. Beaman /L. Banks Ken Beaman, City Solicitor 2 L- 2008 -33 urden, Executive Director of Corpo acDonald, Chief Administrative 0 er N October 6, 2008 F- 2008 -40 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -40 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $7,790,847.97 for the period August 21, 2008 to September 17, 2008. BACKGROUND: NiagaraJalls CANADA The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Todd Har so Di r ector of Financial Services Approved by: Respectfully submitted: urden, Executive Director f Corporate Services acDonald, Chief Administrative Officer O, QueenStreet'P0 Box1023 NiagaraFalls ON Canada L2E6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 1438168 ONTARIO LTD 1473821 ONTARIO INC O/A BERKLEY GROUP 1662718 ONTARIO INC 2143569 ONTARIO LTD 3L PRODUCTIONS INC A B C RECREATIONAL LTD A J STONE COMPANY LTD Al ASPHALT MAINTENANCE ABSOLUTE COMMUNICATION DESIGN ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADAMS,JOHN AGRO ZAFFIRO LL P IN TRUST AGRO ZAFFIRO LL P IN TRUST AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALBANESE, LORI ALDERBROOK FARMS INC ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANCO CHEMICALS INC ANDERS,CHRIS ANDERSON,RAY ANTONIO,CHUCK ARSENEAULT,HERBERT DANIEL ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASTRAL MEDIA RADIO AVIS CAR INC B B LIFT TRUCK SERVICE BAIN PRINTING LIMITED BALINT,SUE BANK OF MONTREAL BARRY BRYAN ASSOCIATES (1991) LTD BEL VOLT SALES LTD BELL,TIM BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEN BERG FARM INDUSTRIAL. EQUIPMENT LTD BERMAN,WAYNE BIDDLE CONSULTING BIGGARS KEY SHOP BILOTTA,THOMAS BIRMINGHAM FIRE CONTROL BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BONJOUR ONTARIO BRINKS CANADA LTD BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BRZOZOWSKI,ANDREW BUNTIN REID C D W CANADA INC Cheque No. Cheque Date Purpose 322292 27- Aug -2008 CONSULTING SERVICES 322423 03 -Sep -2008 TAX REFUND 322424 03 -Sep -2008 TAX REFUND 322425 03- Sep -2008 TAX REFUND 322687 17- Sep -2008 REFUND APPRAISAL FEE 322527 05- Sep -2008 DAYS OF ELVIS 322293 27- Aug -2008 MATERIALS- MACBAIN PLAYGROUNC 322295 27- Aug -2006 MATERIALS 322426 03- Sep -2008 CONTRACT SERVICES 322528 10 -Sep -2008 ADVERTISING 322529 10- Sep -2008 MATERIALS 322689 17- Sep -2008 MAINTENANCE /REPAIRS 322427 03- Sep -2008 MATERIALS 322690 17- Sep -2008 REMITTANCE 322691 17- Sep -2008 REMITTANCE RE: 7359 SANDY CRT 322294 27- Aug -2008 MAINTENANCE/REPAIRS 322428 03- Sep -2008 MAINTENANCE/REPAIRS 322530 10- Sep -2008 MAINTENANCE /REPAIRS 322692 17- Sep -2008 MAINTENANCE /REPAIRS 322429 03- Sep -2008 MATERIALS 322430 03- Sep -2008 EMPLOYEE PURCHASE PLAN INCEN 322531 10- Sep -2008 TRAVEL/MILEAGE JULY /AUGUST 20( 322693 17 -Sep -2008 PARTIAL REFUND 9941 LUNDY'S LAI 322694 17- Sep -2008 MAINTENANCE /REPAIRS 322296 27- Aug -2008 CONTRACT DORCHESTER /420/MOR 322695 17- Sep -2008 CONTRACT SIDEWALK 6376 RIALL 322533 10- Sep -2008 MATERIALS -RE: LIONS CLUB 322697 17- Sep -2008 MATERIALS -FENCE LIONS 322532 10- Sep -2008 MATERIALS 322696 17- Sep -2008 MATERIALS 322431 03- Sep -2008 PAYROLL REMITTANCE 322534 10- Sep -2008 PAYROLL REMITTANCE 322698 17- Sep -2008 PAYROLL REMITTANCE 322699 17- Sep -2008 MATERIALS 322700 17- Sep -2008 TRAVEL/MILEAGE AUGUST 08 322297 27- Aug -2008 REIMBURSEMENT/MARINE EQUIP'T 322701 17- Sep -2008 TRAVEL/MILEAGE SEPT 9/08 322432 03- Sep -2008 REFUND 357/8 APPEAL #2008 -26 322433 03 -Sep -2008 CONTRACT SERVICES -WATER TREJ 322702 17- Sep -2008 CONSULTING GARNER SW SANITAF 322703 17- Sep -2008 ADVERTISING CELEBRATE OLD DOI 322298 27- Aug -2008 REFUND OVERPAYMENT G0003297 322299 27- Aug -2008 MAINTENANCE /REPAIRS 322704 17- Sep -2008 ADVERTISING- CELEBRATE OLD DOI 322536 10- Sep -2008 TUITION REIMBURSEMENT /GRADER 322537 10 -Sep -2008 REFUND -WATER OVERPAYMENT 322434 03- Sep -2008 CONSULTING SERVICES -4 PAD 322436 03- Sep -2008 STORES /INVENTORY 322304 27- Aug -2008 REFUND EPP INCENTIVE 08 322301 27- Aug -2008 UTILITIES 322302 27- Aug -2008 UTILITIES 322303 27- Aug -2008 UTILITIES 322538 10 -Sep -2008 UTILITIES 322539 10- Sep -2008 UTILITIES 322540 10 -Sep -2008 UTILITIES 322705 17- Sep -2008 UTILITIES 322541 10- Sep -2008 LEASES AND RENTS TRACTOR 322542 10- Sep -2008 TRAINING US DRAFT 11- Sep -2008 FIRE SOFTWARE 322543 10- Sep -2008 MAINTENANCE /REPAIRS 322544 10- Sep -2006 DRIVER'S MEDICAL 322545 10- Sep -2008 MATERIALS 322387 27- Aug -2008 CONTRACT SERVICES 322655 10- Sep -2008 CONTRACT SERVICES 322790 17- Sep -2008 CONTRACT SERVICES 322706 17 -Sep -2008 ADVERTISING VOL 3 NO 8 AUGO8 322437 03- Sep -2008 CONTRACT SERVICES 322546 10- Sep -2008 STORES /INVENTORY 322305 27 -Aug -2008 CONTRACT SERVICES NC &CC 322547 10- Sep -2008 CONSULTING SERVICES- NC &CC 322548 10- Sep -2008 REMITTANCE COURSE 322438 03- Sep -2008 OFFICE SUPPLIES 322714 17- Sep -2008 MATERIALS Page 1 of 7 Amount 2,231.25 474.87 603.03 1,108.82 483.70 12,075.00 10, 974.68 1,897.52 8,300.95 536.75 36.79 178.50 850.87 7,361.60 1,050.98 3,952.55 6589.77 2,529.61 121.80 485.85 300.00 53.50 151.25 561.75 11,175.67 26,502.32 305.10 949.20 395.34 65.01 648.72 615.30 626.49 1,126.74 394.50 44.77 1900 478.33 263.03 20,145.76 603.75 17.00 313.58 593.25 858.14 206.49 135,186.23 146.49 300.00 865.84 1,275.67 181.30 8,696.13 113.00 79.10 1,245.35 1,808.00 45.00 2,215.00 78.75 80.00 31.31 1,039.50 693.00 693.00 420.00 1,503.83 215.33 2,037.53 1,771.88 400.00 1,707.24 9,495.95 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name C R I FIRE SECURITY C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC CALLA,NICOLA& CALLA, PAOLA CAMERA PLACE FOTO SOURCE THE CANADA BREAD ONTARIO #T6249 CANADA BREAD- ONTARIO #T6249 CANADIAN DOOR DOCTOR CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CAPITAL COMMERCIAL PIPE SERVICES LTD CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CENTRAL TRANSPORTATION REPAIR INC CENTRE COURT CAFE CENTRE COURT CAFE CENTURY VALLEN CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIRICO,CHRISTOPHER JOHN CIBC ELECTRONIC BANKING OPERATIONS CIBC ELECTRONIC BANKING OPERATIONS CIMCO REFRIGERATION CIT FINANCIAL LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CLARK,WILLIAM CLASSIC FIRE PROTECTION INC CLIFTON HILL BIA CLUB ITALIA ORDER OF SONS OF ITALY COBI CONCRETE SAWING COBI CONCRETE SAWING COBI CONCRETE SAWING CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES CONTINENTAL TIRE CANADA INC COTTON INC COTTON INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CREATIVE SIGNWORKS OF NIAGARA INC CROWLAND VOLUNTEER FIREFIGHTERS ASSOC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUVIELLO,VINCE CYGNAL TECHNOLOGIES CORP T46181 D'ADDIO,MARIO DEEP STEAM DELCAN CORPORATION DESIGN ELECTRONICS DESIGN ELECTRONICS DICKSON,B DISCOUNT PAINTING LTD DOL TURF RESTORATION LTD DRAFTING CLINIC CANADA LTD DRAWING CENTRE DRAWING CENTRE DREN,KARL Cheque No. Cheque Date Purpose 322723 17- Sep -2008 MAINTENANCE /REPAIRS 322574 10- Sep -2008 CONTRACT SERVICES 322708 17- Sep -2008 MAINTENANCE /REPAIRS 322550 10- Sep -2008 REFUND -PAPP TAX OVERPAYMENT 322551 10- Sep -2008 MATERIALS 322439 03- Sep -2008 CONCESSION SUPPLIES 322552 10- Sep -2008 CONCESSION SUPPLIES 322440 03- Sep-2008 MATERIALS 322553 10- Sep -2008 CONTRACT SERVICES 322555 10- Sep -2008 MATERIALS 322307 27- Aug -2008 MATERIALS 322556 10- Sep -2008 MATERIALS 322709 17 -Sep -2008 MATERIALS 322306 27- Aug -2008 MATERIALS 322308 27- Aug -2008 CONTRACT SERVICES 322710 17- Sep -2008 CONTRACT SERVICES 322441 03- Sep -2008 CONTRACT RE: REHAB SANITARY S 322557 10- Sep -2008 SUBSCRIPTION 322712 17- Sep -2008 MATERIALS 322713 17- Sep -2008 LEASES AND RENTS 322442 03- Sep -2008 MAINTENANCE /REPAIRS 322443 03- Sep -2008 MATERIALS -PARK IN THE CITY/TRILI 322558 10 -Sep -2008 MATERIALS 322559 10- Sep -2008 MATERIALS 322309 27- Aug -2008 STORES /INVENTORY 322560 10- Sep -2008 STORES/INVENTORY 322715 17 -Sep -2008 STORES /INVENTORY 322561 10- Sep -2008 REFUND OVERPAYMENT AUGO8 322310 27- Aug -2008 REFUND- OVERPAYMENTNIGNAP 322445 03 -Sep -2008 REFUND RE 4 -5- 166/6100 VINE 322446 03 -Sep -2008 MATERIALS 322562 10 -Sep -2008 LEASES AND RENTS 322526 04- Sep -2008 MATERIALS -FLOAT FOR ARENA BO) 322563 10- Sep -2008 PETTY CASH -ARENA FLOATS 322564 10- Sep -2008 CONTRACT SERVICES 322565 10- Sep -2008 MATERIALS 322521 04- Sep -2008 REMITTANCE 2008 3RD BIA LEVY 322447 03- Sep -2008 MATERIALS VOLUNTEER RECOGNI1 322448 03- Sep -2008 CONTRACT SERVICES 322566 10- Sep -2008 CONTRACT SERVICES 322717 17- Sep -2008 CONTRACT SERVICES 322718 17- Sep -2008 MATERIALS 322449 03- Sep -2008 UTILITIES 322567 10 -Sep -2008 UTILITIES 322568 10- Sep -2008 MATERIALS 322311 27- Aug -2008 CONTRACT SERVICES 322569 10- Sep -2008 CONTRACT SERVICES 322719 17- Sep -2008 CONTRACT SERVICES 322312 27- Aug -2008 MATERIALS 322570 10- Sep -2008 MATERIALS 322720 17- Sep -2008 MATERIALS 322313 27- Aug -2008 CONTRACT GRAVELLE M 322572 10- Sep -2008 CONTRACT GLEN, A 322721 17- Sep -2008 CONTRACT ARBOUR C 322722 17- Sep -2008 MAINTENANCE /REPAIRS 322724 17- Sep -2008 REIMS MATERIALS -STN EXP 322314 27- Aug -2008 PAYROLL REMITTANCE 322450 03- Sep -2008 PAYROLL REMITTANCE 322575 10-Sep-2008 PAYROLL REMITTANCE 322725 17 -Sep -2008 PAYROLL REMITTANCE 322576 10- Sep -2008 MATERIALS 322315 27- Aug -2008 COMPUTER 322577 10- Sep -2008 REFUND RE:8047 WINDSONG 322726 17- Sep -2008 MAINTENANCE/REPAIRS 322579 10- Sep -2008 CONSULTING- KALAR- LUNDY'S /BEAI 322580 10- Sep -2008 MAINTENANCE /REPAIRS 322727 17- Sep -2008 MAINTENANCE /REPAIRS 322316 27- Aug -2008 REIMBURSEMENT TUITION 322728 17 -Sep -2008 CONTRACT SERVICES 322451 03- Sep -2008 CONTRACT SERVICES TURF /KALAR 322317 27 -Aug -2008 MATERIALS 322318 27- Aug -2008 MATERIALS 322452 03- Sep -2008 MATERIALS 322729 17- Sep -2008 REIMBURSEMENT TRAVEL EXPOS Page 2 of 7 Amount 672.00 14,261.23 1,621.55 87.06 203.40 102.45 43.98 10,149.30 1,018.23 3,409.88 5,767.52 411.94 1,145.55 264.60 4,263.67 11,053.57 9,038.34 119.98 150.60 744.67 1,664.44 860.12 540.14 87.87 280.22 497.03 496.65 228.62 61.47 200.00 6,940.50 887.17 1,100.00 3,950.00 1,375.00 92.40 12,500.00 500.00 585.38 572.25 396.38 160.00 207.75 596.13 10,229.33 19,678.74 2,363.91 38,135.56 3,242.15 5,607.07 1,557.55 195.00 2,270.00 1,105.00 113.00 814.94 4,397.49 4,383.14 4,062.99 4,020.83 146.89 2,943.94 750.00 4,262.68 22,930.09 726.69 316.30 340.00 12,075.00 193,596.88 235.02 261.50 203.40 878.96 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DUJLOVIC,ED DUJLOVIC,ED E3 LABORATORIES EARTH TECH CANADA INC EASTLAND,MARI -LYNNE EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ETHERINGTON,DAVE ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS F INGHAM CONSTRUCTION CO LTD FALLS ELECTRIC INC FALLSVIEW BIA FANSOLATO,WAYNE FANTASY HOLIDAYS INC. FASTENAL CANADA FEREN SIGNS AWNINGS LTD FEREN SIGNS AWNINGS LTD FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FIRST -ON -SITE RESTORATION L P/WOODHOUSE DIVISION FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOWMETRIX TECHNICAL SERVICES INC FORLIN,KATHY FYFE,LARRY COLIN G K SERVICES CANADA INC GABRIELES CUSTOM CATERING GALES GAS BARS GALT MACHINE KNIFE SAW GE CANADA EQUIPMENT FINANCING G P GEORGIAN FIREGEAR SERVICE GEORGIAN FIREGEAR SERVICE CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GOFORTH,HANYA GOODLIFE FITNESS CLUBS GORDON WRIGHT LIMITED GRANVILLE CADOGAN IN TRUST GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT GULF (TORONTO 2000) GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENLAWN GRIFFIN,DIANA AILEEN& GRIFFIN, LOWELL RALPH GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALL, ROBERT& HALL, HAZEL HAMILTON,STEPHEN HAMILTON,STEPHEN HANKS INDUSTRIAL SERVICE HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF HORTH,NEIL GEORGE HY GRADE PRECAST CONCRETE Cheque No. Cheque Date Purpose 322581 10- Sep -2008 REIMBURSEMENT: APWA EXP. 08 US DRAFT 11- Sep -2008 CONFERENCE EXPENSES 322582 10 -Sep -2008 CONTRACT SERVICES 322319 27- Aug -2008 CONSULTING GRASSY BRK W PUM 322454 03- Sep -2008 MATERIALS 322320 27- Aug -2008 STORES /INVENTORY 322421 27- Aug -2008 ADMINISTRATIVE AUG PREMIUMS 322583 10- Sep -2008 UTILITIES 322322 27- Aug -2008 ENGINEERING SERVICES /MACBAIN 322584 10- Sep -2008 CONSULTING SERVICES-1 CUMMIN 322730 17- Sep -2008 CONTRACT SERVICES 322456 03- Sep -2008 TRAVEL /MILEAGE AUG08 322731 17- Sep -2008 REIMBURSEMENT OFFICE SUPPLIE 322457 03 -Sep -2008 MATERIALS 322585 10- Sep -2008 MATERIALS 322732 17- Sep -2008 MATERIALS 322586 10- Sep -2008 CONTRACT 5730 HIGHLAND 322458 03- Sep -2008 REFUND 357/8 APPEAL #2008 -27 322323 27- Aug -2008 MATERIALS 322522 04- Sep -2008 REMITTANCE- 3RD 2008 LEVY 322587 10 -Sep -2008 TRAINING 322324 27- Aug -2008 REFUND DEPOSIT RE 6005 DRUMM( 322325 27- Aug -2008 STORES /INVENTORY 322588 10- Sep -2008 MATERIALS 322733 17- Sep -2008 MATERIALS 322589 10- Sep -2008 CONTRACT SERVICES MONITORINC 322590 10- Sep -2008 MATERIALS 322591 10- Sep -2006 CONTRACT ASBESTOS ABATEMEN1 322326 27- Aug -2008 STORES /INVENTORY 322459 03 -Sep -2008 STORES /INVENTORY 322734 17- Sep -2008 STORES /INVENTORY 322735 17- Sep -2008 CONTRACT SERVICES TRAINING 322592 10 -Sep -2008 TRAVEUMILEAGE AUGUST 08 322736 17 -Sep -2008 REFUND DEPOSIT 5920 MOUNTAIN 322595 10- Sep -2008 MATERIALS 322593 10- Sep -2008 MATERIALS 322737 17- Sep -2008 FUEL 322327 27- Aug -2008 MAINTENANCE/REPAIRS 322594 10- Sep -2008 LEASES AND RENTS 322460 03- Sep -2008 MAINTENANCE /REPAIRS 322738 17- Sep -2008 MAINTENANCE/REPAIRS 322461 03- Sep -2008 MATERIALS 322596 10 -Sep -2008 MATERIALS 322597 10- Sep -2008 UTILITIES 322462 03- Sep -2008 REFUND 357/8 APPEAL #2008 -27 322598 10- Sep -2008 REMITTANCE CORPORATE MEMBEF 322739 17- Sep -2008 CONTRACT MACBAIN SPLASH PAD /I 322291 27- Aug -2008 RETURN OF SECURITIES RE VALLE' 322328 27- Aug -2008 MATERIALS 322599 10- Sep -2008 MATERIALS 322740 17- Sep -2008 REFUND- OVERPAYMENT/6697 ST M 322329 27- Aug -2008 PAYROLL REMITTANCE 322600 10- Sep -2008 MAINTENANCE/REPAIRS 322464 03 -Sep -2008 REFUND 357/8 APPEAL #2008 -28 322330 27- Aug -2008 CONTRACT 2005 -08 STREETLIGHT; 322601 10 -Sep -2008 CONTRACT 2005 -2008 STREETLIGH' 322602 10- Sep -2008 CONTRACT /EDGEWOOD -LIGHT POL 322465 03 -Sep -2008 STORES /INVENTORY 322741 17- Sep -2008 STORES /INVENTORY 322742 17- Sep -2008 STORES /INVENTORY 322331 27- Aug -2008 MAINTENANCE /REPAIRS 322466 03- Sep -2008 CONTRACT SERVICES 322604 10 -Sep -2008 CONTRACT SERVICES 322743 17 -Sep -2008 MAINTENANCE/REPAIRS 322332 27- Aug -2008 MATERIALS -MULCH 322467 03- Sep -2008 REFUND OVERPAYMENT RE: 8111 F 322333 27- Aug -2008 PETTY CASH 322468 03- Sep -2008 TRAVEUMILEAGE AUGUSTO8 322744 17- Sep -2008 MATERIALS 322334 27- Aug -2008 ADMINISTRATIVE 322745 17- Sep -2008 LEASES AND RENTS 322469 03- Sep -2008 TRAVEUMILEAGE AUGUSTO8 322746 17- Sep -2008 REFUND BUSINESS REG'N CANCEL! 322606 10 -Sep -2008 MATERIALS Page 3 of 7 Amount 546.20 283.37 5,249.62 21,469.22 409.50 149.16 28,852.15 3,309.40 3,290.70 3,308.93 126.00 200.50 867.76 281.26 983.10 152.55 788.55 160.15 416.33 400,000.00 45.00 750.00 192.33 221.33 5,022.95 1,605.45 651.00 1,741.06 337.14 898.98 5,172.54 742.14 66.00 750.00 122.86 293.00 110.08 27.12 1,000.05 1,186.01 622.48 5,418.03 374.63 126.45 847.69 19,320.00 39,349.80 63,400.00 342.84 678.38 785.00 32.40 1,758.75 532.24 48,753.79 20,180.75 3,292.38 531.17 4,244.62 565.00 385.33 2,586.98 1,006.83 1,057.68 2,136.27 179.38 702.60 41.00 460.93 14,220.49 3,254.87 71.50 60.00 822.87 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CI CANADA INC NDUSTRIAL SAFETY EQUIPMENT CO LTD NDUSTRIAL SAFETY EQUIPMENT CO LTD NTERNATIONAL BINDING LAMINATING SYSTEMS INC NTERURBAN TRANSIT OANNONI,CAROLYNN RON MOUNTAIN CANADA CORP V TOWERS MARKETING TECHNOLOGIES J J MACKAY CANADA LTD JACKSON,JEFFREy JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOJACKS OF ST CATHARINES KERRY T HOWE ENGINEERING LTD KING,THOMAS ROY KLEMM,MIKE KNOWLTON PASS ELECTRONICS INC KNOWLTON PASS ELECTRONICS INC KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KROWCHUK,PAUL N. KUCHYT,TOM LAKES MAINTENANCE LAKES MAINTENANCE LATOPLAST LTD LATOPLAST LTD LAURO,VINCENT LEXISNEXIS CANADA INC LOCOCO,LORI LYNN LUNDY'S LANE BIA M L SUPPLY FIRE AND SAFETY M L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MACEACHERN,CHRIS MACLEAN,JASON MAIN FERRY BIA MANCHESTER SUPPLY MANPOWER MANPOWER MARINE CLEAN LTD MARTENS LINGARD LLP IN TRUST MATTHEWS CAMERON HEYW00D KERRY T HOWE SURVEYING MATT HEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MCCOY CONSTRUCTION CASTINGS MERANTE,DEANNE DOLORES METZ FIRE RESCUE METZ FIRE RESCUE MHPM PROJECT MANAGERS INC MHPM PROJECT MANAGERS INC MINERVINI,DOMENIC MINGLE,MARGARET MINISTER OF FINANCE/MINISTRY OF TRANSPORTATION MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE ONTARIO HIGHWAY TRANSPORT BOARD MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MOLLOY,LYNN MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MOROCCO,JOHN MORRISSEY,DENYSE Cheque No. Cheque Date Purpose 322335 27- Aug -2008 STORES /INVENTORY 322470 03 -Sep -2008 MATERIALS 322747 17- Sep -2008 MATERIALS BERMAN 322471 03- Sep -2008 OFFICE SUPPLIES US DRAFT 03 -Sep -2008 TRANSIT FAREBOXES 322607 10- Sep -2008 REIMBURSEMENT -HIP COMMITTEE 322336 27- Aug -2008 CONTRACT SERVICES- SHREDDING 322337 27- Aug -2008 MATERIALS CELEBRATE OLD DOWE 322609 10- Sep -2008 MATERIALS 322472 03 -Sep -2008 TRAVEUMILEAGE AUGUST 08 322339 27- Aug -2008 CONSULTING SERVICES -NF 4 -PAD 322608 10- Sep -2008 MATERIALS 322749 17- Sep -2008 MAINTENANCE /REPAIRS 322610 10- Sep -2008 CONTRACT SERVICES 322340 27- Aug -2008 CONTRACT SERVICES KALAR RD 322341 27- Aug -2008 REFUND DAMAGE DEPOSIT 322611 10- Sep -2008 REFUND DAMAGE DEPOSIT 322342 27- Aug -2008 LEASES AND RENTS JULY RADIO t 322612 10 -Sep -2008 LEASES AND RENTS SEPTEMBER 322473 03-Sep-2008 CONTRACT SERVICES 322613 10 -Sep -2008 CONTRACT SERVICES 322750 17- Sep -2008 CONTRACT SERVICES 322614 10- Sep -2008 MATERIALS TRANSFER OF EASEM 322474 03- Sep -2008 TRAVEUMILEAGE 322343 27- Aug -2008 CONTRACT SERVICES 322615 10- Sep -2008 CONTRACT SERVICES 322475 03- Sep -2008 STORES /INVENTORY 322616 10- Sep -2008 STORES/INVENTORY 322476 03-Sep -2008 TRAVEUMILEAGE 322751 17- Sep -2008 MATERIALS BUILDING CODE 322345 27- Aug -2008 REFUND DUPLICATE PAYMENT OF 322523 04- Sep -2008 BIA LEVY 2008 3RD INSTALLMENT 322354 27- Aug -2008 MATERIALS 322762 17 -Sep -2008 MATERIALS 322761 17- Sep -2008 CONTRACT SERVICES 322619 10- Sep -2006 MATERIALS 322346 27- Aug -2008 ADMINISTRATIVE TUITION REIMBU 322524 04-Sep-2008 BIA LEVY 322620 10- Sep -2008 MATERIALS 322479 03- Sep -2008 ADMINISTRATIVE CLERICAL STAFF 322753 17- Sep -2008 CONTRACT SERVICES 322621 10- Sep -2008 CONTRACT SERVICES 322686 16- Sep -2008 ADMINISTRATIVE IN TRUST 322622 10- Sep -2008 CONSULTING SERVICES NCCC 322754 17- Sep -2008 CONTRACT SERVICES 322623 10- Sep -2008 MATERIALS 322480 03- Sep -2008 REFUND DAMAGE DEPOSIT 322755 17- Sep -2008 MATERIALS 322756 17- Sep -2008 GST ONLY ON MATERIALS FOR FIRE 322347 27- Aug -2008 CONSULTING SERVICES NCCC 322625 10- Sep -2008 CONSULTING SERVICES NCCC 322626 10 -Sep -2008 TRAVEUMILEAGE 322627 10 -Sep -2008 TRAVEUMILEAGE 322760 17 -Sep -2008 REMITTANCE COURT COSTS 322348 27- Aug -2008 PAYROLL REMITTANCE 322350 27- Aug -2008 PAYROLL REMITTANCE PP 32 -35 322351 27- Aug -2008 PAYROLL REMITTANCE PP 32 -35 322352 27- Aug -2008 PAYROLL REMITTANCE 322481 03- Sep -2008 PAYROLL REMITTANCE 322628 10-Sep -2008 PAYROLL REMITTANCE 322757 17- Sep -2008 PAYROLL REMITTANCE 322759 17- Sep -2008 REMITTANCE 322353 27- Aug -2008 APPLICATION FEE FOR PUBLIC VEH 322349 27- Aug -2008 PAYROLL REMITTANCE 322482 03- Sep -2008 PAYROLL REMITTANCE 322629 10- Sep -2008 PAYROLL REMITTANCE 322758 17- Sep -2008 PAYROLL REMITTANCE 322355 27- Aug -2008 CONTRACT SERVICES 322763 17- Sep -2008 CONTRACT SERVICES 322630 10- Sep -2008 MATERIALS 322356 27- Aug -2008 CONTRACT SERVICES 322764 17- Sep -2008 CONTRACT SERVICES 322483 03- Sep -2008 TRAVEUMILEAGE 322765 17- Sep -2008 TRAVEUMILEAGE Page 4 of 7 Amount 741.08 797.73 264.40 1,881.08 4,500.00 55.84 3,858.95 2,577.75 3,497.96 378.50 3,945.96 73.50 220.50 3,840.38 371.28 750.00 750.00 5,548.31 5,737.31 7,168.82 1,417.50 3,265.50 3,961.21 202.00 991.20 984.38 711.90 711.90 263.50 193.73 30.00 69,004.50 9,660.75 5,560.79 710.12 150.00 289.35 13,750.00 4,914.37 1,085.49 249.84 2,114.92 973.88 2,940.00 3,122.78 1,130.00 750.00 106,710.52 43,694.60 26,954.25 26,740.81 260.50 319.00 13,167.00 137.00 4,223.30 91,396.09 35.92 135.45 128.05 128.05 12,842.96 800.00 1,553,11 1,553.11 1,553.11 1,553.11 396.28 2,142.46 263.91 3,224.02 2,864.40 215.50 91.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MUSSARI,TOM NAYLOR BUILDING PARTNERSHIPS NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA COMMUNITY NEWSPAPERS NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS BAR ASSOCIATION NIAGARA HEALTH SYSTEM NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION NIAGARA RESTAURANT SUPPLY LTD NIAGARA THIS WEEK NIAGARA WATER CONDITIONING LTD NIAGARA.COM OCE- CANADA INC OCE- CANADA INC OMERS OMERS OMMI ONTARIO ENVIRONMENTAL SAFETY NETWORK LTD ONTARIO MUNICIPAL HEALTH SAFETY REPRESENTATIVES AS: ONTARIO POWER GENERATION INC OPTIMIST CLUB OSPREY CLASSIFIED NETWORK OTT,MICHAEL WENDY OUTFRONT PORTABLE SOLUTIONS PEC ROOF MAINTENANCE PENDLEBURY COST CONSULTANTS PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PRESS LIMITED PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PHILIPS ENGINEERING PHOENIX FOUNDRY PTY LTD PIGEON,ROGER PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PLAYPOWER LT CANADA INC T44069C PRATA,GUY PRAXAIR PUROLATOR COURIER PUROLATOR COURIER R 0 CONSTRUCTION (NIAGARA) LTD R M LOUDON LIMITED R NICHOLLS DISTRIBUTORS INC R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RADCO DEVELOPMENTS INC RAPANARO,ED RBC LIFE INSURANCE COMPANY RCI CONSULTING REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL Cheque No. Cheque Date Purpose 322766 17- Sep -2008 PETTY CASH 322632 10- Sep -2008 SERVICES 322357 27- Aug -2008 MATERIALS 322767 17- Sep -2008 MATERIALS 322484 03- Sep -2008 MATERIALS 322769 17 -Sep -2008 ADVERTISING 322359 27- Aug -2008 PAYROLL REMITTANCE 322486 03- Sep -2008 PAYROLL REMITTANCE 322487 03-Sep-2008 PAYROLL REMITTANCE 322633 10- Sep -2008 PAYROLL REMITTANCE 322771 17- Sep -2008 PAYROLL REMITTANCE 322358 27- Aug -2008 MEMBERSHIP FOR KEN BEAMAN 322634 10- Sep -2008 ADMINISTRATIVE AMBULANCE FEE 322360 27- Aug -2008 UTILITIES 322635 10- Sep -2008 REVIEW CONSENT APPLICATIONS 322361 27- Aug -2008 UTILITIES 322488 03 -Sep -2008 UTILITIES 322636 10- Sep -2008 WATER ARREARS SEPT 09/08 322772 17- Sep -2008 REMITTANCE -WATER ARREARS SEI 322773 17- Sep -2008 UTILITIES 322362 27- Aug -2008 MATERIALS FALSE ALARM 322489 03 -Sep -2008 MATERIALS FALSE ALARM 322774 17- Sep -2008 TRAINING 322639 10- Sep -2008 MATERIALS 322490 03 -Sep -2008 ADVERTISING 322363 27- Aug -2008 MATERIALS 322768 17 -Sep -2008 SERVICES 322364 27- Aug -2008 MONTHLY MAINTENANCE BILLING 322775 17- Sep -2008 LEASES AND RENTS 322365 27- Aug -2008 PAYROLL REMITTANCE- CITY/TRANE 322366 27- Aug -2008 PAYROLL REMITTANCE- LIBRARY 322641 10- Sep -2008 MATERIALS 322642 10- Sep -2008 RESPIRATOR FIT TEST FOR POOL V 322367 27- Aug -2008 ADMINISTRATIVE OMHSRA MEMBE 322776 17- Sep -2008 ANNUAL LICENSE AGREEMENT 322643 10- Sep -2008 MATERIALS 322368 27- Aug -2008 ADVERTISING 322491 03- Sep -2008 TAX REFUND 322369 27- Aug -2008 MATERIALS FENCING FOR DAREDI 322777 17- Sep -2008 CONTRACT SERVICES 322370 27 -Aug -2008 CONTRACT CONVENTION CENTRE 322372 27- Aug -2008 CONTRACT SERVICES 322645 10- Sep -2008 CONTRACT SERVICES 322779 17- Sep -2008 CONTRACT SERVICES 322780 17- Sep -2008 MATERIALS MONTHLY BUS PASS 322371 27- Aug -2008 MATERIALS 322644 10- Sep -2008 MATERIALS 322778 17- Sep -2008 MATERIALS 322373 27- Aug -2008 CONTRACT SERVICES 322374 27- Aug -2006 CONTRACT GRASSYBROOK WATE 322646 10- Sep -2008 MATERIALS 322375 27- Aug -2008 MATERIALS 322647 10- Sep -2008 CONTRACT SERVICES TREE TRIMI 322376 27- Aug -2008 CONTRACT SERVICES SEWER LA7 322377 27- Aug -2008 CONTRACT SERVICES PAT CUMMI 322781 17- Sep -2008 TRAVEL/MILEAGE 322782 17- Sep -2008 MATERIALS 322378 27- Aug -2008 COURIER 322648 10-Sep-2008 COURIER 322381 27- Aug -2008 CONTRACT SERVICES 322478 03- Sep -2008 CONTRACT SERVICES WATER /SS 322789 17- Sep -2008 MATERIALS 322390 27- Aug -2008 CONTRACT WEIGHTMAN BRIDGE 322492 03- Sep -2008 STORES /INVENTORY 322783 17- Sep -2008 STORES/INVENTORY 322649 10- Sep -2006 REFUND DAMAGE DEPOSIT 322784 17- Sep -2008 MATERIALS 322379 27- Aug -2008 REMITTANCE 322380 27- Aug -2008 CONSULTING PLANNING STUDY 322650 10- Sep -2008 REMITTANCE REGISTRATION FEES 322382 27- Aug -2008 PAYROLL REMITTANCE 322383 27- Aug -2008 PAYROLL REMITTANCE 322493 03- Sep -2008 PAYROLL REMITTANCE 322494 03- Sep -2008 PAYROLL REMITTANCE Page 5 of 7 Amount 112.85 403.20 51.08 108.37 132.24 1,760.93 3,131.74 5,344.57 3,157.41 3,080.40 3,080.40 225.00 45.00 44.06 1,050.00 121,493.05 4,781.43 16,568,50 6,939.81 12,692.29 35.00 35.00 3,060.00 994.85 574.00 34.36 150.62 3,734.61 4,435.29 723,227.88 28,082.36 47.00 5,118.75 75.00 966.00 4,676.01 27.30 139.55 3,098.75 574.34 23,724.75 31.50 182.70 42.00 9,185.49 145.00 480.00 140.00 1,029.20 1,748.89 714.01 300.00 8,400.00 8,129.63 95,214.17 22.50 198.58 112.77 96.21 2,284.80 3,819.64 565.64 1,534.42 390.26 530.94 750.00 91.83 1,345.11 465.71 1,785.00 244.38 207,933.87 198,148.20 229.70 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REES,JEFFREY REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RESQTECH SYSTEMS INC RK ASSOCIATES RODGERS,DAVE ROGERS WIRELESS INC RONALD C ELLENS APPRAISALS INC RUDDELL,JESSICA RUSCITTI,TONY S N DIESEL SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SARGANT EVENT COMMUNICATIONS INC SARGANT EVENT COMMUNICATIONS INC SCOTIABANK PURCHASE CARD SHAHEEN PEAKER LTD SHEEHAN,TERRY SHERRITT INTERNATIONAL CORPORATION SHERWIN WILLIAMS SHRED IT KITCHENER SICO INC SICO INC SIDEWALKS PLUS SIMPLISTIC LINES INC SMITH INDUSTRIAL SUPPLY SQBOX SOLUTIONS LTD ST JOHN AMBULANCE STANCO SIGNS AND PROMOTIONS STEVEN ROBINSON ARCHITECT INC STEVENSVILLE LAWN SERVICE INC STRANGES,TOM STRATEGY CORP STRATEGY CORP SULLIVAN,KRISTEN SULLIVAN MAHONEY SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC TAMM COMMUNICATIONS INC TARTAGLIA,CARMEN ANNA& DIPIETRO, SALVATORE MARY TAYLORS WATER SERVICE TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC THE BUSINESS LINK NIAGARA LTD THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE STANDARD THE V &S ENGINEERING GROUP LTD THE V&S ENGINEERING GROUP LTD TRAVELPIC NIAGARA FALLS TRENDLE,B. TSH ENGINEERS PLANNERS TSH ENGINEERS PLANNERS TSH ENGINEERS PLANNERS Cheque No. Cheque Date Purpose 322651 10- Sep -2006 PAYROLL REMITTANCE 322652 10- Sep -2008 PAYROLL REMITTANCE 322785 17- Sep -2008 PAYROLL REMITTANCE 322786 17- Sep -2008 PAYROLL REMITTANCE 322384 27- Aug -2008 REFUND Wire tsfr 29- Aug -2008 JUL WATERNVASTEWATER 322385 27- Aug -2008 CONTRACT SERVICES RECYCLING 322495 03- Sep -2008 MATERIALS 322653 10- Sep -2008 CELEBR OLD DOWNTOWN- POLICE 322654 10- Sep -2008 MATERIALS 322787 17- Sep -2008 MATERIALS 322788 17- Sep -2008 MATERIALS 322386 27- Aug -2008 CONTRACT SERVICES 322388 27- Aug -2008 REFUND DAMAGE DEPOSIT 322389 27- Aug -2008 SERVICES 322791 17- Sep -2008 CONTRACT SERVICES APPRAISAL 322496 03- Sep -2008 TRAVEUMILEAGE 322792 17- Sep -2008 MATERIALS 322795 17- Sep -2008 CONTRACT SERVICES 322391 27- Aug -2008 MATERIALS 322497 03- Sep -2008 MATERIALS 322657 10- Sep -2008 CELEBRATE OLD DOWNTOWN 322658 10- Sep -2008 CELEBRATE OLD DOWNTOWN 322716 17- Sep -2008 MATERIALS 322498 03- Sep -2008 CONTRACT SERVICES 2008 -02 322392 27- Aug -2008 MATERIALS 322660 10- Sep -2008 MATERIALS 322793 17- Sep -2008 MATERIALS 322794 17- Sep -2008 CONTRACT SERVICES 322393 27- Aug -2008 STORES /INVENTORY 322661 10- Sep -2008 STORES /INVENTORY 322394 27- Aug -2008 CONTRACT SERVICES SIDEWALK 1 322662 10- Sep -2008 MATERIALS 322395 27- Aug -2008 STORES /INVENTORY 322663 10- Sep -2008 SERVICES 322398 27- Aug -2008 CANADA DAY HONORARIUM 322397 27- Aug -2008 MATERIALS 322664 10- Sep -2008 CONTRACT SERVICES EMBASSY E 322501 03- Sep -2008 CONTRACT SERVICES TOPSOIL S 322665 10- Sep -2008 MECHANIC LICENSES 322399 27- Aug -2008 CONSULTING SERVICES 322502 03- Sep -2008 CONTRACT SERVICES 322666 10- Sep -2008 TRAVEUMILEAGE 322400 27 -Aug -2008 CONTRACT SERVICES NCCC RFC 322422 27- Aug -2008 AUG 2008 PREMIUMS 322401 27- Aug -2008 FUEL 322503 03- Sep -2008 FUEL 322667 1D- Sep -2008 FUEL 322796 17- Sep -2008 FUEL 322402 27- Aug -2008 ADVERTISING 322403 27- Aug -2008 GRANT COMM BUILDING FACADE 322797 17- Sep -2008 WATER 322668 10- Sep -2008 ELEVATOR LICENSE RENEWAL 322669 10- Sep -2008 SERVICES 322798 17 -Sep -2008 SERVICES 322404 27- Aug -2008 MATERIALS 322506 03- Sep -2008 MATERIALS 322799 17- Sep -2008 SERVICES 322405 27- Aug -2008 SERVICES 322507 03 -Sep -2008 MATERIALS 322800 17 -Sep -2008 SERVICES 322549 10- Sep -2008 ADVERTISING CELEBRATE OLD OO1 322406 27- Aug -2008 MATERIALS 322407 27- Aug -2008 MATERIALS DEBENEDETTI/DILWAF 322801 17- Sep -2008 MATERIALS LYNDON ASHTON 322670 10- Sep -2008 ADVERTISING 322802 17- Sep -2008 ADVERTISING 322671 10- Sep -2008 CONTRACT SERVICES GARNER RE 322803 17- Sep -2008 CONTRACT SERVICES GARNER RE 322672 10- Sep -2008 ADVERTISING 322804 17- Sep -2008 MATERIALS 322408 27- Aug -2008 CONTRACT SERVICES CLIFTON HII 322508 03- Sep -2008 CONSULTING SERVICES TOURIST 322673 10- Sep -2008 CONSULTING SERVICES TRAFFIC I Page 6 of 7 Amount 33546 194,497.04 348.69 192,566.84 36.00 1,89Z 047.99 9, 345.00 548.73 10,883.25 9,265.66 3,431.42 221.48 3,937.50 750.00 3,686.00 4,167.30 46.50 135.59 18,660.15 1,632.13 1,277.57 281.00 800.00 253,961.69 14,481.92 112.99 3,175.20 557.25 72.98 995.84 760.61 13,321.67 4,341.98 705.12 1,176.00 200.00 718.12 1,680.00 13,571.25 270.00 3,937.50 7,875.19 108.00 3,541.70 270,792.27 33,656.43 62,322.26 35,132.08 69,445.60 1,804.99 20,000.00 40.00 100.00 4,651.19 2,166.77 237.20 438.89 9,020.90 242.95 1,470.41 7,162.78 1,065.35 297,31 190.97 67.80 7,915.55 208.95 25,490.49 10,330.33 151.20 20.00 11,659.37 139.13 2,102.70 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 UCC INDUSTRIES INTERNATIONAL INC UNITED LABORATORIES UNITED RENTALS UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC VADIM COMPUTER MANAGEMENT GROUP LTD VAN DYKE,HARRY VICTORIA CENTRE BIA VIG, WAYNE WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WATCHORN,WILLIAM LORNA WATSON ASSOCIATES ECONOMISTS LTD WEAVER,DON WEDGEWOOD BUILDERS OF NIAGARA LTD WELLAND PELHAM CHAMBER OF COMMERCE WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WILSON,STEVE WILSON BARNWELL HUMAN SOLUTIONS WINGER,TERRI WSIB WSIB WSIB WYLIE,BRENDA YANAVIRIYAJAN,PHRA YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YOUNG SOD FARMS LTD ZABOR,RICK ZEIDLER PARTNERSHIP ZEIDLER PARTNERSHIP Page 7 of 7 Cheque No. Cheque Date Purpose Amount 322674 10- Sep -2008 MATERIALS 53. 98 322509 03- Sep -2008 TRAVEL/MILEAGE 106.50 322409 27- Aug -2008 STORES /INVENTORY 655.69 322510 03- Sep -2008 STORES /INVENTORY 87.95 322675 10- Sep -2008 STORES /INVENTORY 212.88 322805 17- Sep -2008 STORES/INVENTORY 445.46 322806 17- Sep -2008 MATERIALS 3,304.12 322412 27- Aug -2008 CONTRACT SERVICES 551.27 322411 27- Aug -2008 EQUIPMENT 62,121.75 322410 27- Aug -2008 PAYROLL REMITTANCE 1,166.00 322413 27- Aug -2008 CONSULTING WARREN CREEK WP 7,832.98 322807 17- Sep -2008 CONSULTING SERVICES EDGEWOD 11,105.23 322414 27- Aug -2008 CONTRACT SERVICES PEOPLE MC 2,094.75 322511 03- Sep -2008 REIMBURSEMENT FOR 1/2 MTH PAS 16.95 322512 03- Sep -2008 CONTRACT SERVICES- NEW AREN, 14,486.60 322677 10- Sep -2008 CONSULTING SERVICES PAT CUMM 446.25 322808 17- Sep -2008 2008 EASTERN REGIONAL MEETING 283.50 322809 17- Sep -2008 TRAVEL/MILEAGE 32.50 322525 04- Sep -2008 BIA LEVY 80,000.00 322513 03- Sep -2008 TUITION REIMBURSEMENT 180.26 322811 17- Sep -2008 CONTRACT SERVICES 203.92 322415 27- Aug -2008 MATERIALS 1,986.03 322514 03- Sep -2008 MATERIALS 4,393.72 322679 10- Sep -2008 MATERIALS 1,948.35 322810 17- Sep -2008 MATERIALS 2,182.03 322515 03- Sep -2008 TAX REFUND 517.45 322516 03- Sep -2008 CONSULTING SERVICES 8,333.64 322681 10 -Sep -2008 REIMB CELEB OLD DOWNTOWN 498.96 322517 03- Sep -2008 TAX REFUND 36.70 322682 10- Sep -2008 CELEBRATE OLD DOWNTOWN PAYP 2,711.73 322812 17- Sep -2008 MATERIALS 1,502.90 322813 17- Sep -2008 STORES /INVENTORY 874 322684 10- Sep -2008 MATERIALS 289.84 322683 10- Sep -2008 ADMINISTRATIVE EAP 47.82 322416 27- Aug -2008 CONTRACT SERVICES CARETAKEI 65.00 322417 27- Aug -2008 ADMINISTRATIVE SCHEDULE 2 INV 38,772.54 322418 27- Aug -2008 PAYROLL REMITTANCE LIBRARY AL 674.82 322814 17- Sep -2008 ADMINISTRATIVE /PHYSICIAN FEES 32,075.92 322518 03- Sep -2008 PETTY CASH 485.90 322519 03- Sep -2008 TAX REFUND 1,100.52 322419 27- Aug -2008 CONTRACT SERVICES REPAIRS T( 472.50 322815 17- Sep -2008 CONTRACT SERVICES 143.85 322816 17 -Sep -2008 SERVICES 91.88 322685 10- Sep -2008 MATERIALS 442.35 322520 03- Sep -2008 EMPLOYEE PURCHASE PLAN 300.00 322420 27- Aug -2008 CONTRACT SERVICES NCCC 366,118.34 322817 17- Sep -2008 CONTRACT SERVICES NCCC 362,454.45 Total 7,790,847.97 October 6, 2008 HR- 2008 -05 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: HR- 2008 -05 Benefits Renewal Sun Life Assurance Company of Canada RECOMMENDATION: Niagara,Falls CAVADA That Council approve the premium renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental, Long Term Disability and Accidental Death and Dismemberment, for the period of September 1, 2008 to August 31, 2009. BACKGROUND: In 2006, a comprehensive market review was conducted by BHH Benefits on behalf of the City of Niagara Falls. This resulted in the decision to retain Sun Life as the incumbent carrier for CUPE, Fire and Non -Union staff. At that time, premium rate guarantees were secured for Life Insurance and Accidental Death and Dismemberment benefits (AD &D) until September 2009, while Long Term Disability rates were guaranteed until September, 2008. Following renewal rate recommendations and negotiations with Sun Life for 2008 -2009, and as a result of favourable claims activity and utilization trends, the proposed premium increase on all benefits is virtually unchanged at 0.1 This increase is within the budgeted allowance and includes benefit changes resulting from the collective bargaining agreement which was ratified at the Council meeting of July 7, 2008. As is our past practice, the non -union group will receive a few similar enhancements to their plan. The goal of setting new premium rates is to ensure that the premiums can support the claims activity and are sufficient to fund the plan. Based on Staff's recent claims experience, we are confident that the proposed benefit premium increase of 0.1% is 6Queen15treet,P0 Box' 1023 ON;Canada L2E 6X5 905356 -7521 ivwwnia arafalls.ca Working Together to Serve Our Community Corporate Services Department Human Resources October 6, 2008 2 Recommended by: Approved by: Trent Dark, Direct of Resources K. E. Burden, Executive Director of Corporate Services Respectfully submitted: John acDonald, C ief Adminisyrative Officer HR 2008 -05 reasonable, competitive and sufficient to achieve a "break- even" position on next year's operations. October 6, 2008 PD- 2008 -85 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls C A N A D A Re: PD- 2008 -85 CB &FIG 2008 -018, Downtown CIP Facade Improvement Grant Application 4675 Queen Street Dominic Musitano, UFCW Local 102 RECOMMENDATION: That Council approve the above noted application for a Facade Improvement Grant in the amount of $10,000 subject to meeting the program requirements including the entering into an agreement with the City. 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade improvement. BACKGROUND: The City has received a Facade Improvement Grant Application for 4675 Queen Street. The property was formerly occupied by RLC Marketing Inc. The building will be used as a union office by Local 102 and for training of purposes for people who work in the tourist industry. The owner is seeking financial assistance for the proposed facade improvements. The improvements include adding new doors and windows, adding new architectural features including crown molding across the top of building, adding new stucco and signage. A location map of the property is shown in Appendix 1 and the proposed facade of the building is shown in Appendix 2. Under the Downtown CIP Financial Incentive Programs, the Facade Improvement component provides for a maximum $10,000 matching grant for eligible facade improvements. The proponent has submitted two cost estimates for the facade improvements in the range of $35,000 to $40,000. The improvements will enhance the appearance of the current building and satisfy the Urban Design Guidelines for the Downtown. If the grant application is approved, the applicant will be required to enter into an agreement with the City. The agreement will specify the details for the grant which will be provided once the work is completed and inspected by staff. to Queen Street P.( 023.Niagara Falls ON} {anada L2E 6i5C 905-35'6-752 •www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development October 6, 2008 2 PD- 2008 -85 CONCLUSION: The proposed facade improvements will satisfy the Downtown Urban Design Guidelines and enhance the appearance of the current facade of the building. Staff supports the approval of the application. Recommended by: Approved by: Respectfully submitted: B.Bolibruck:gd Attach. John M iL,9,c,. Ed Dujlovic, E 1 S:1PDR120081PD- 2008 -85, Facade Grant, 4675 Queen Street.wpd Alex Herlovitch, Director of Planning Development utive Director of Co munity Services onald, Chief Administrative Officer CATARACT AVE ZIMMERMAN AVE STC AIR AVE ERIE AVE VICTORIA AVE ST LAWRENCE AVE: e d 1 I 1 BUCLEY AVE 1 l 116.1 1, 1 IIII■ 1 1 I- =_Like 1 L 1 "111 =z- as171a27mrse ermr-r w.00�wel ae4lTT asaaassaassaws 'ael M(ll?jrl S31YIoos r N01103135 NO100 'N011VA3"13 OaNOWw S 30V3V11337115 N23 no 9L9Y 3w3w3NJUUXl 34ro]tlf lea W3OV1U3U APPENDIX 2 October 6, 2008 PD- 2008 -86 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJ7alls CANADA Re: PD- 2008 -86 Update on CIP Applications RECOMMENDATION: That Council receive the summary of applications under the City's CIP's. BACKGROUND: The City is in the third year of implementing the financial incentive programs for the Downtown CIP and second yearforthe Historic Drummondville and Brownfield CIP's. Last fall, staff provided a report summarizing the number of applications that were approved. The purpose of this report is to provide Council with an update on the number of applications approved, amount of grant or loan approved and value of the improvements undertaken. The number of applications received over the past year has increased substantially, particularly in the Downtown area. As we see more positive results from the incentive programs, it is expected that the number of applications will continue to increase. A brief summary of the application activity within each of the CIP's is provided as follows and a summary chart of applications is attached as Appendix 1. 1. Downtown CIP Over the past year, the City has approved eighteen (18) Facade and Commercial Building Improvement applications, one (1) Revitalization Grant application and one (1) Residential Loan application within the Downtown CIP area. We are expecting additional Facade and Commercial Building applications in the near future. With the positive changes that have taken place in the Downtown, staff has been receiving inquiries on a regular basis from people interested in finding rental accommodation, acquiring property and utilizing the financial incentive programs that are available. 43100uee Po 1023 NiagaralFalls OMCanada L2E 6x5 905 356 7521 wwwniagarafalls:ca nd iht r. T, m r.. Working Together to Serve Our Community Community Services Department Planning Development October 6, 2008 2 PD- 2008 -86 2. Historic Drummondville CIP Council has approved three (3) Facade and Commercial Building Improvement applications and one (1) Residential Loan application this past year within the Historic Drummondville CIP. This is slightly lower than the number of applications received a year ago. Staff continues to receive inquiries on a regular basis. A number of inquiries have involved requests to improve the facade and structure of buildings used exclusively for residential purposes. Unfortunately, the purpose of the CIP is to revitalize commercial areas and it is commercial or mixed use buildings that are eligible for the facade and commercial building grant. 3. City Wide Brownfields CIP CONCLUSION: The number of applications under the financial incentive programs for the City's Community Improvement Plans has increased, particularly in the Downtown. As the City experiences successes, it is expected that the number of applications will increase. Staff will continue to monitor the number of applications and keep Council apprised on an annual basis. Recommended by: Approved by: Respectfully submitted: B.6olibruck Attach. There have been three (3) Environmental Study Grants and one (1) Rehabilitation Grant approved under the Brownfield CIP. Staff continues to receive inquiries regarding the redevelopment of potential Brownfield sites, but only one (1) Rehabilitation Grant application was received this year. It is expected that once the amendments are approved within the Pilot Project Area, the City could expect more applications to be received. S:1PDR120081PD- 2008 -86, Update on GIP Applications.wpd Alex Herlovitch,1 'rector of Planning Development Ed Dujlovic, Executive Director of Community Services John Mac ald, ChiefAdmini rative •fficer 2. Historic Drummondville CIP* of Applications Approved Amount of Grants /Loans Approved Amount of Funding Issued to Date Value of Work to be Undertaken Commercial Building Facade Improvement Grant 7 $131,950.50 $46,950.87 $2,294,379 Revitalization Grant 1 $104,743.80 (estimated) Residential Loan 1 $46,000 $250,000 Peer Robinson Residential Rehabilitation Grant 1 $8,496 $8,496 $16,992 3. City Wide Brownfields CIP* of Applications Approved Amount of Grants Approved Amount of Funding Issued to Date Value of Work to be Undertaken Environmental Study Grant 3 $30,000 $22,500 Brownfield Tax Assistance Grant 0 0 Brownfield Rehabilitation Grant 1 $3,100,000 (Maximum) $3,100,000 1. Downtown CIP* of Applications Approved Amount of Grants /Loans Approved Amount of Funding Issued to Date Value of Work to be Undertaken Commercial Building Facade Improvement Grant 18 $338,830 $20,000 $919,894 Revitalization Grant 2 $95,851.87 (estimated) Residential Loan 1 $262,200 $2,285,000 October 6, 2008 APPENDIX 1 SUMMARY OF FINANCIAL INCENTIVE APPLICATIONS WITHIN CITY COMMUNITY IMPROVEMENT PLANS 2008 PD- 2008 -86 Development Charges Exemption Program all applications approved within the CIP areas will be eligible for 75% 100% exemption of Development Charges. October 6, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj3alls CANADA Re: PD- 2008 -87 PLC 2008 -01, Request for Removal of Part Lot Control Portion of Lots 17 18 and Lot 19, Registered Plan 59M -251 6370 -6388 Pinestone Road (Neighbourhoods of St. David's) Owner: Walker Community Development Corporation RECOMMENDATION: Working Together to Serve Our Community PD- 2008 -87 1. That Council approve the request and pass the by -law included in tonight's agenda to designate portions of Lots 17 18 and Lot 19, Registered Plan 59M -251, described as Parts 1 to 13 (inclusive), Reference Plan 59R- 13769, as exempt from Part Lot Control. 2. That the owner be given two years to create the individual parcels and notify the City when the separate deeds have been registered. BACKGROUND: Walker Community Development Corporation has submitted a request to remove property on the southwest side of Pinestone Road, west of St. Paul Avenue and north of Mountain Road, from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject land is within the Neighbourhoods of St. David's plan of subdivision (59M -251) that was registered in 1998. The subdivision contains a mix of single- detached dwellings and on- street townhouses. Services have been provided throughout the plan. An amended subdivision agreement was registered on title in January 2008 that included municipal easements for catchbasins and drainage between the townhouse blocks. Building permits were issued in May 2008 for the on- street townhouse dwelling on the subject land containing 4 units structure foundations and proposed property configuration is shown on thelattached sketch (Schedule 2) and extract from Reference Plan 59R -13769 (Sched O Qu 5tr PO Box °1023 agars Pall li Canada y Ep,X 905 356;7521 www9magara d' lls.c Community Services Department Planning Development October 6, 2008 2 PD- 2008 -87 The land is zoned Residential Mixed (R3 -797) through Zoning By -law No. 79 -200, as amended. Site specific Zoning By -law No. 2007 -205 applies to the land to permit the on- street townhouse dwelling units subject to detailed development standards. Approval of a Part Lot Control by -law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. A by -law time limit of two years has been requested to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. There will be further Part Lot Control by -law approvals needed in the future for the additional on- street townhouse units to be constructed along this section of Pinestone Road. CONCLUSION: The removal of Part Lot Control will permit the division of the subject land to allow separate ownership of each on- street townhouse dwelling unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the lands as exempt from Part Lot Control is included in tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: R.Wilson:mb Attach. John I Alex Herlovitch, Director of Planning Development cDonald, Chief Administrative Officer Ed Du'lovic, Executive Director of Community Services S:1PDR120081PD- 2008 -87, PLC 2008 -01, Walker Community Development, Pinestone Road.wpd Walker Community Development Corporation www.walkerind.com September 2 2008 Mr. Rick Wilson Planning Department City of Niagara Falls 4310 Queen Street Niagara Falls, ON Dear Mr. Wilson, Re: Neighbourhoods of St. David's Application for Part Lot Control By -Law Further to our discussions regarding Part Lot Control for the Neighbourhoods of St. David's, we would like to request application of the Part Lot Control By -Law on Lots 19 and Parts of Lot 17 and 18 Registered Plan 59 M -251. The enclosed reference plan and The Surveyor's Real Property Report, prepared by Mathew, Cameron, Heywood indicates the proposed Parts for these Lots. Please fmd enclosed the application fee of $250.00. If you have any questions, please contact the undersigned. Yours sincerely, oseph M. Tomaino, M.C.I.P., R.P.P. Development Manager P.O. Box 100, Thorold, Ontario L2V 3Y8 Tel: (905) 680 -1900 Fax: (905) 680 -1916 r Planning ca ned walker industries RECEIVED SEP 2 2008 PLANNING DEVELOPMENT Removal of Part Lot Control Portion of Lots 17 18 and Lot 19, Registered Plan 59M -251 6370 -6388 Pinestone Road Subject Land r GG SCHEDULE 1 Location Map Copyright 200 of Niagara Fars September 2008 SCHEDULE 2 c0 to C J ce j 0 aR \z d \0 iS SCHEDULE 3 2 -o R. N u am! No. Moved by Seconded by The City of Niagara Falls, Ontario Resolution WHEREAS on August 26, 2008, the Federal and Provincial governments announced the Communities Component Agreement (hereinafter referred to as the "Program part of the Building Canada Fund; and WHEREAS $724 million has been committed to assist municipalities with a population of less than 100,000; and WHEREAS Projects available for funding under the Program must respond to the broader federal and provincial objectives of economic growth, cleaner environment, and strong and prosperous communities and fall into one of the seventeen (17) program categories; and WHEREAS the Niagara Falls Board of Museums "Lundy's Lane Battlefield Legacy Project" (hereinafter referred to as the "Project is a project that will provide the municipality with a world class heritage and cultural facility, further develop the Lundy's Lane Battlefield National Historic Site and celebrate the War of 1812 Bicentennial; and WHEREAS the Project meets the Program criteria under the categories of Culture and Tourism; and WHEREAS the Project will increase community use, promote culture and heritage, increase visitors and international tourists and contribute to the rehabilitation of the Historic Drummondville community; and WHEREAS Niagara Falls City Council has supported the Project by identifying it in the 2008 2012 Capital Budget. THEREFORE BE IT RESOLVED THAT Niagara Falls City Council supports the Niagara Falls Board of Museums "Lundy's Lane Battlefield Legacy Project" as the project most worthy of submission for the first intake of the Communities Component Agreement of the Building Canada Fund. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2008 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lane Plan 997 Niagara Falls lying south of Ferguson Street, north of Buttrey Street, east of Broughton Avenue and west of Hickson Avenue, except Parts 1 and 2 on Reference Plan 59R -8021, and Part 3 on Reference Plan 59R- 10928; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this sixth day of October, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 6, 2008. October 6, 2008. October 6, 2008. A by -law to declare Lane Plan 997 Niagara Falls lying south of Ferguson Street, north of Buttrey Street, east of Broughton Avenue and west of Hickson Avenue, except Parts 1 and 2 on Reference Plan 59R -8021, and Part 3 on Reference Plan 59R 10928; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. WHEREAS subsection 268(3)(a) of the Munici pal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Lane Plan 997 Niagara Falls lying south of Ferguson Street, north of Buttrey Street, east of Broughton Avenue and west of Hickson Avenue, except Parts 1 and 2 on Reference Plan 59R -8021, and Part 3 on Reference Plan 59R- 10928; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this sixth day of October, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 6, 2008. October 6, 2008. October 6, 2008. CITY OF NIAGARA FALLS By -law No. 2008- CITY OF NIAGARA FALLS By -law No. 2008 A by -law to designate portions of Lots 17 18 and Lot 19, Registered Plan 59M -251, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part -lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land is zoned by By -law No. 2007 -205 to permit the erection of on- street townhouse dwellings thereon; AND WHEREAS the owner of the said land wishes to create property lines between the existing on- street townhouse dwelling units in order to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to those portions of Lots 17 and 18 and to Lot 19, Registered Plan 59M -251, described as Parts 1 to 13 (inclusive) on Reference Plan 59R- 13769, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this sixth day of October, 2008. DEAN IORFIDA, First Reading: Second Reading: Third Reading: CITY CLERK R. T. (TED) SALCI, MAYOR October 6, 2008 October 6, 2008 October 6, 2008 A by -law to authorize the execution of a Condominium Conversion Agreement with 6400 Huggins Apartments Inc., with respect to the lands described as Parcel 61 -2 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 1 2 on Reference Plan 59R -9980 except Parts 5 6 on Reference Plan 59R- 13568; s/t Part 2 on 59R -9979 except Parts 22, 23 24 on 59R- 13568; s/t Part 2 on 59R -9979 as in LT120620; t/w Part 2 on 59R -9980 as in LT 120621, s/t easement over Parts 18, 20 21 on 59R -13568 except for the benefit of Part Township Lot 61 Stamford being Parts 1, 2, 3 on 59R -9980 except Parts 5 6 on 59R- 13568; Parts 22, 23 24 on 59R -13568 as in SN216225, s/t easement over Parts 20, 26, 28 29 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 1, 2, 3 on 59R -9980 except Parts 5 6 on 59R- 13568; Parts 22 23 24 on 59R -13568 as in SN216225, t/w easement over Parts 11, 12, 16 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224. Parcel 61-3, Section 59 Stamford, Part Township Lot 61 Stamford being Part 5 on 59R 13568; t/w easement over Parts 11, 12, 16 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 11 on 59R13568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224. Parcel 61 -3, Section 59 Stamford, Part Township Lot 61 Stamford being Part 6 on 59R 13568; t/w easement over Parts 11, 12, 16 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224; all in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Condominium Conversion Agreement dated the 22 day of September, 2008, between 6400 Huggins Apartments Inc. and The Corporation of the City of Niagara Falls with respect to the lands described above, subject to the terms and conditions as set out in the Condominium Conversion Agreement, attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Condominium Conversion Agreement, and such other agreements and documents which the City Solicitor deems necessary or desirable to carry out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the Condominium Conversion Agreement. Passed this sixth day of October, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 6, 2008. October 6, 2008. October 6, 2008. CITY OF NIAGARA FALLS By -law No. 2008 THIS AGREEMENT made this 22n day of September, 2008. BETWEEN: 6400 HUGGINS APARTMENTS INC. Hereinafter called the "Owner -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City Schedule page 2 of the FIRST PART of the SECOND PART WHEREAS the Owner received draft plan approval effective December 29, 2005 from The Corporation of the City of Niagara Falls under section 51 of the Planning Act, R.S.O. 1990, c. P. 13, and under section 9 of the Condominium Act, 1998, R. S. O. 1998, c. 19 with respect to the lands described in Schedule "A"; AND WHEREAS in accordance with the conditions unposed by the City, the Owner is required to enter into this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City recommending the final approval of the said plan and the mutual covenants and other good and valuable consideration, the Owner and the City hereby covenant and agree with each other as follows: LANDS AFFECTED I. The lands affected are all those described in Schedule "A" attached hereto (herein referred to as "the subject lands TAXES 2. The Owner shall pay to the Treasurer of the City, on or before the execution of this agreement by the City, all arrears of taxes (if any) including local improvement rates owing in respect of the lands and the buildings situate thereon. CONDOMINIUM CONVERSION 3. The development contains 79 apartment units to be converted from rental tenure to condominium ownership and is subject to the provisions of the Residential Tenancies Act (2006). DEVELOPMENT CHARGES 4. The Owner has paid to the City all required fees and deposits assoc Schedule page 3 ated h the development of the lands. PARKLAND DEDICATION 5. All requirements for parkland dedication have been satisfied through the Owner's payment of $16,385.00 representing cash -in -lieu of the 5% parkland dedication for the raw value of the subject lands. SITE DEVELOPMENT 6. The property was originally developed under a Site Plan Agreement registered on title that has since expired and was released by the City in August, 2002. The Owner has recently undertaken various building renovations and site works. These include the construction of board -on -board fencing along the west and south boundary of the site as well as parking lot and driveway improvements. Reciprocal access easements were granted by the City's Committee of Adjustment between the subject land and abutting property to the east (6390 Huggins Street) for which final Schedule page 4 certification was issued on July 25, 2008. ZONING BY LAW 7. The subject land is zoned Residential Apartment 5C Density (R5C) through Zoning By -law No. 79 -200. A variance to the zoning regulation for landscaping was granted by the City's Committee of Adjustment in August, 2007. The Owner will comply with all provisions of the zoning by -law. TERMS AND CONDITIONS 8. The Owner and the City acknowledge and agree that it is their intent that all the terms and conditions contained in this Agreement shall be bind upon the Owner, its successors, assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agreement and any part of parts thereof and enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said lands described in Schedule "A". IN WITNESS WHEREOF the Owner and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. 6400 HU GINS APARTMENTS INC. ame: Motilal Champsee Title: Vice President THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk Schedule page 5 SCHEDULE "A" Schedule page 6 to an Agreement dated the 22n day of September, 2008 between 6400 HUGGINS APARTMENTS INC., of the First Part and THE CORPORATION OF THE CITY OF NIAGARA FALLS, of the Second Part Firstly: Parcel 61 -2 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 1 2 on Reference Plan 59R -9980 except Parts 5 6 on Reference Plan 59R 13568; s/t Part 2 on 59R -9979 except Parts 22, 23 24 on 59R- 13568; s/t Part 2 on 59R -9979 as in LT120620; t/w Part 2 on 592- 998 0 as in LT120621, s/t easement over Parts 18, 20 21 on 59R -13568 except for the benefit of Part Township Lot 61 Stamford being Parts 1, 2, 3 on 59R -9980 except Parts 5 6 on 59R- 13568; Parts 22, 23 24 on 59R 3568 as in SN216225, s/t easement over Parts 20, 26, 28 29 on 59R- 13568 for the benefit of Part Township Lot 61 being Parts 1, 2, 3 on 59R -9980 except Parts 5 6 on 59R 13568; Parts 22 23 24 on 59R -13568 as in SN216225, t/w casement over Parts 11, 12, 16 17 on 59R -13568 as in SN2I6224, t/w easement over Parts 8, 9 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224. Being all of PIN 64279- 0533. Secondly: Parcel 61 -3, Section 59 Stamford, Part Township Lot 61 Stamford being Part 5 on 59R- 13568; t/w easement over Parts 11, 12, 16 17 on 59R-1 3568 as in SN2I6224, t/w easement over Parts 8, 9 11 on 59213568 as in SN216224, t/w easement over Parts 3 15 on 59R -13568 as in SN216224. Being all of PIN 64279 -0528 (LT). Thirdly: Parcel 61 -3, Section 59 Stamford, Part Township Lot 61 Stamford being Part 6 on 59R- 13568; t/w easement over Parts 11, 12, 16 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 15 on 59R- 13568 as in SN216224. Being all of PIN 64279- 0529(LT). All in the City of Niagara Falls, Regional Municipality of Niagara. A by -law to authorize the execution of an Encroachment Agreement, dated September 15, 2008, between Louis Joseph Perry and The Corporation of the City of Niagara Falls for the purpose of permitting an encroachment onto a City road allowance. WHEREAS by decision of Committee of Adjustment, Louis Joseph Perry is required to enter into an amendment to his current Encroachment Agreement for the purpose of also permitting the encroachment of a second storey cave addition over a City road allowance. AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Encroachment Agreement dated September 15, 2008 and made between Louis Joseph Perry and The Corporation of the City of Niagara Falls for the purpose of permitting an encroachment onto a City road allowance, subject to such terms and conditions as set out in the Encroachment Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Encroachment Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 1. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this sixth day of October, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 6, 2008. October 6, 2008. October 6, 2008. CITY OF NIAGARA FALLS By -law No. 2007 THIS AGREEMENT made this 15'" day of September, 2008 BETWEEN: LOUIS JOSEPH PERRY Hereinafter called the "Owner" THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" OF THE FIRST PART OF THE SECOND PART WHEREAS the Owner of certain property in the City o f Niagara Falls has encroached or caused an encroachment on lands owned by the City; AND WHEREAS the Owner has requested the City to permit the encroaclunent and to allow it to continue; AND WHEREAS the Owner has agreed to enter into an Encroachment Agreement to allow a portion of a building (the "Encroachment to encroach onto the Property, the extent of which Encroachment is more particularly set out in Schedule "B" attached hereto and forming part of this Agreement; NOW THEREFORE in consideration of the premises, terms and conditions and other good and valuable consideration, the parties hereto covenant and agree as follows: 1. The Owner is the owner of the lands more particularly described in Schedule "A" attached hereto and the City is the owner of the lands more particularly described in Schedule `B" attached hereto (the "subject lands 2. The Owner, through inadvertence or otherwise, encroaches on part of the Property, which said encroachment is more particularly described in Schedule "C" attached hereto. 3. The City shall permit the Owner of the lands more particularly described in Schedule "A the privilege of maintaining and using the Encroachment upon and over those parts of the Property, which Encroachment is more particularly set out in Schedule "B" attached hereto, until such time as all or part of the Encroachment on the said Property is required by the City or any utility company serving the area for its purposes, whichever shall first occur. 4. Thepermission granted herein does not confer any rights in regard to any lands and roadways which are not under the City's jurisdiction and control. 5. The Encroachment shall not block or impede vehicular or pedestrian trafficnor shall it in any way impede any traffic signals. 6. The Owner shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the Owner thereunder or intended so to be and the Owner shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that the Owner shall not be liable to the extent to which such loss, damage, or injury is caused or contributed by the neglect or default of the City. 7. The Owner agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor protecting and indemnifying the Owner 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 Lands with all inclusive coverage of not less than Two Million Dollars ($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" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Owner to raise the minimum amount of coverage and shall so advise the Owner in writing, who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the City's Solicitor showing the amended coverage. Failure of the Owner to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 8. The City or any utility company serving the area, shall be entitled to remove any portion of the said Encroachment, erected upon or over the subject lands, in the event of an emergency and the Owner covenants and agrees that such removal shall be at the Owner's expense. 9. The Owner covenants and agrees with the City to maintain the Encroachment at all times in a good and proper repair and condition satisfactory to the Director of Municipal Works. 10. The Owner covenants and agrees with the City that the encroachment upon the subject lands shall be limited to the Encroachment shown in Schedule `C" to the Agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the Encroachment in any manner whatsoever. This Agreement, including Schedules "A `B" and "C" constitutes the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations, and understandings, both written and verbal, in respect of the subject matter hereof. 12. This Agreement cannot be changed or modified except by another agreement in writing signed by the parties. 13. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 14. Failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this agreement, or to exercise any right orremedy consequent upon the breach thereof, shall not constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this agreement and no breach thereof shall be waived, altered or modified except by written instrument No waiver of any breach shall affect or alter this agreement but each and every covenant, agreement, term and condition of this agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 15. This Agreement shall be read with all changes of gender and number required by the context. 16. (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document 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 or document, to the other party at the address noted below. (2) Such notice or document 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, as defined in the Interpretation Act, failing which it shall be deemed to have been received the (c) next day, provided the next day is not a holiday; and in the case of registered post, on the third day, which is not a holiday, following posting. 1 7. Notice shall be given, to the Owner at: Louis Joseph Perry 5736 Stanley Avenue Niagara Falls, ON L2G 3X7 The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Legal Services Telephone: (905) 356-7521 Facsimile: (905) 371 -2892 18. The Owner shall indemnify, save, defend and keep harmless from time 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. 19. The Owner 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. 20. The City may terminate this agreement upon 30 days notice, in writing, to the Owner as to its intention to terminate. 21. Upon termination of this agreement, the Owner shall remove entirely, at its sole expense, from the City lands, the Encroachment and restore the City ]ands to its original condition or equivalent. 22. If the Owner is in default or breach, at the Owner's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Owner by adding the expenses to the Owner's municipal taxes to be collected in accordance with section 427 of the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor legislation thereto. 23. This agreement shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Owner hereto has hereunto set his hand and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the pr. s signing Officers and the said signing Officers certify that they have authority to bind their C- 0 .ration. SIGNED, SEALED AND DELIVERED in the presence of 41 i A f f k s Joseph Perry THE CORPORATION OF THE OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCIIEDULE "A" to an Agreement dated the 15 day of September, 2008 between LOUIS JOSEPH PERRY and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 876 Plan 9 Village of Niagara Falls; Lot 877 Plan 9 Village of Niagara Falls; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64347 -00! 1(LT). SCHEDULE `B" to an Agreement dated the 15' day of September, 2008 between LOUIS JOSEPH PERRY and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Buchanan Avenue Plan 9 Village of Niagara Falls (formerly known as 7' St) lying between Fen y Street and Forsythe Street; in the City of Niagara Falls, in the Regional Municipality of Niagara. CO CS1 50.0' w. l iru.l 2 to an Agreement dated the 15'" day of September, 2008 between LOUIS JOSEPH PERRY and THE CORPORATION OF THE CITY OF NIAGARA FALLS STANLEY AVENUE 1955 a) 8 g'2 0 z 4 m tit b fi 74 a r BUCHANAN In Mumma( no. 968995 SCHEDULE "C" _7_ 49.9r '5913-5184 t WI CO butrama+f m. 493977 IILI 5965 l rut 99.92 99.92' 1ll1 5%5 4499 I "_4, r 0-4 a J it ,x a INOZIEVEI AVENUE Searq azI art 13f"vs Y O H Cf> H T n T A by -law to provide for the approval of Amendment No. 86 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 86 to the City of Niagara Falls Official Plan is hereby adopted. Passed this sixth day of October, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 6, 2008 October 6, 2008 October 6, 2008 CITY OF NIAGARA FALLS By -law No. 2008 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 86 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 86 shall be redesignated from Tourist Commercial, in part, to Residential and identified as Special Policy Area "60" on Schedule "A" of the Official Plan. The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to the Official Plan Amendment No. 86" shall be removed from the Clifton Hill Tourist Subdistrict of the Central Tourist District as identified on Schedule "E" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is amended by adding the following new subsection: 14.60 SPECIAL POLICY AREA "60" Special Policy Area "60" applies to 0.50 hectares of land located on the west side of River Road, between Philip Street and John Street. The land is designated Residential on Schedule "A" of the Official Plan. In addition to the policies contained in Part 2, Section 1.7.5 and Part 4, Section 4.5, the portion of the land between River Road and River Lane may be developed with an apartment building to a maximum building height of 7 storeys and 27 metres, as measured from the intersection of River Road and John Street, and a maximum density of 238 units per hectare. The portion of the site west of River Lane shall only be used for parking and buffering. The density of the project is authorized pursuant to Section 37 of the Planning Act. The owner is required to enter into an agreement with the City, prior to the passage of the amending by -law, to secure a cash contribution which the owner has elected to provide in return for the density of the project. The cash contribution is calculated based on the cost of construction per square metre X the floor area of the additional 56 units X 1 The cash contribution is to be used for the construction of a recreational trail on the lands of the former Michigan Central Railway between the CBD and Newman Hill or for projects approved under the Downtown Community Improvement Plan. The implementing zoning by -law shall include provisions requiring the owner of the land to enter into a Section 37 agreement with the City and specify the details of the project. S: \OFFICIAL. PLN\AMEND1k86 Niagara Falls PointelBODY86.wpd MAP 1 TO AMENDMENT NO. 86 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From: Tourist Commercial, in part Proposed Change To: Residential and SPECIAL POLICY AREA "60" CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA RESIDENTIAL TOURIST COMMERCIAL L NOTE: This schedule forms part of Amendment No. 86 to the Official Plan for the City of Niagara Falls x: was_ nsau<, nuoosise<aivm¢nmunt.atw,",me,,,,p and it must be read in conjunction with the written text. N 1:NTS AM- 2008 -021 September 2008 CITY OF NIAGARA FALLS By -law No. 2008- A by -law to amend By -law Nos. 5335, 1955 and 79 -200 to permit the construction of a 7 storey, 119- unit apartment building on the land and to repeal 13y -law Nos. 79 -154, 81 -208 and 84 -131. WHEREAS City Council has adopted Official Plan Amendment No. 86, which permits the development of an apartment building having a maximum building height of 7 storeys and 26 metres and a maximum of 119 dwelling units subject to the provision of facilities, services or matters under an agreement executed pursuant to Subsection 37(3) of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by -law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in density of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in density in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in density. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The and located on the west side of River Road, between John Street and Philip Street, described in Appendix "A attached to and forming part of this by -law and shown hatched and designated R5E and numbered 840 on the plan Schedule 1, attached to and forming part of this by- law, is no longer regulated by By -law No. 5335, 1955 and is now regulated by By -law No. 79 -200. 2. The land located on the west side of River Lane, between John Street and Philip Street, described in Appendix `B attached to and forming part of this by -law and shown hatched and designated P and numbered 841 on the plan Schedule 1, attached to and forming part of this by -law, is no longer regulated by By -law No. 5335, 1955 and is now regulated by By -law No. 79 -200. 3. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from TC and numbered 67 to R5E and numbered 840, the land described in section 1 of this by -law and shown hatched and designated R5E and numbered 840 on the plan Schedule 1, attached to and forming part of this by -law. 4. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from TC and numbered 67 to P and numbered 841, the land described in section 2 of this by -law and shown hatched and designated P and numbered 841 on the plan Schedule 1, attached to and forming part of this by -law. 5. Notwithstanding the provisions of section 2.31, clause (c) of section 4.14, section 4.14.1, clause (a) of section 4.19.1 and clauses (a), (b), (c), (d), (1), (g), (h) and (m) of section 7.14.2 of By- law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R5E and numbered 840 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Deemed lot (b) Minimum lot area the whole of the land shown hatched and designated R5E and numbered 840, on the plan Schedule 1 attached hereto, save and except for any part which may be required to be dedicated for the purpose of road widening (c) Minimum building setback from 2.4 metres prior to any road widening John Street (d) Minimum building setback from Philip Street 2 all the land described in section 1 of this by- law and shown hatched and designated R5E and numbered 840 on the plan Schedule 1 attached hereto, shall be considered one lot (i) for a building or structure 3 metres prior to any road widening or part thereof with a height of 10 metres or less above Geodetic Survey of Canada Elevation 162.11 metres (ii) for a building or structure 4.5 metres prior to any road widening or part thereof with a height greater than 10 metres above Geodetic Survey of Canada Elevation 162.11 metres (e) (0 (g) (h) (i) Minimum building setback from River Road Minimum building setback from River Lane (i) for a building or structure or part thereof with a height of 10 metres or less above Geodetic Survey of Canada Elevation 162.11 metres (ii) for a building or structure or part thereof with a height greater than 10 metres above Geodetic Survey of Canada Elevation 162.11 metres Maximum lot coverage Maximum projection of a balcony into a required yard as specified in clauses (d) and (f) of this section Maximum height of building and maximum number of storeys Maximum gross floor area Maximum number of dwelling units Minimum landscaped open space Minimum parking spaces (n) Location of parking 3 0 metres 1.5 metres prior to any road widening 4.5 metres prior to any road widening 86% 3 metres, but in no case shall the balcony be closer than 3 metres to a lot line 27 metres and 7 storeys, whichever is lesser, as measured from the Geodetic Survey of Canada elevation 162.11 metres, subject to section 4.7 of By -law No. 79 -200 12,000 square metres 119 10% of the lot area in accordance with Table 1 of clause (a) of section 4.19.1 of By -law No. 79 -200 a maximum of 12 required parking spaces that cannot be provided on the land described in section 1 of this by -law and designated R5E and numbered 840 on the plan Schedule 1 attached hereto shall be provided within a parking area on the land (o) All other provisions of By -law No. 79 -200 shall continue to apply 6. Notwithstanding the provisions of sections 2.31, 17.1 and 17.2 of By -law No. 79 -200, no person shall use the land described in section 2 of this by -law and shown hatched and designated P and numbered 841 on the plan Schedule 1 attached hereto except for the purpose of a parking area in accordance with clause (n) of section 3 of this by -law, and except in compliance with the following regulations: (a) Deemed lot (b) Minimum lot area (c) Buildings and structures (d) Minimum landscaped open space 4 described in section 2 of this by -law and designated P and numbered 841 on the plan Schedule 1 attached hereto all the land described in section 2 of this by- law and shown hatched and designated P and numbered 841 on the plan Schedule 1 attached hereto, shall be considered one lot the whole of the land shown hatched and designated P and numbered 841 on the plan Schedule 1 attached hereto none permitted a 2 metre wide landscape strip, along and adjacent to the northerly and north westerly lot lines 7. The owner of the lands described in sections 1 and 2 of this by -law is required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 8 of this by -law and such agreements are to be registered on title. 8. The density of the building or structure permitted by section 5 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the provision by the owner of the lands described in sections 1 and 2 of this by -law, providing the following facilities, services and matters to the City namely: (a) the contribution of $41,688 in cash to the City, to be used for the capital facilities of the following projects as determined by Council that are beyond those that would otherwise be provided under the provisions of the Planning Act or the Development Charges Act: projects approved under the Downtown Community Improvement Plan construction of a recreational trail on the lands of the former Michigan Central Railway between the Central Business District and Newman Hill in accordance with an agreement entered into pursuant to section 7 of this by -law. 9. Section 19 of By -law No. 79 -200 is further amended by adding thereto the following: 19.1.840 Notwithstanding the provisions of section 2.31, clause (c) of section 4.14, section 4.14.1, clause (a) of section 4.19.1 and clauses (a), (b), (c), (d), (f), (g), (h) and (m) of section 7.14.2 of By -law No. 79 -200, no person shall use the land on the west side of River Road between John Street and Philip Street, designated R5E and numbered 840 on Sheet D4 of Schedule "A or erect or use any building or structure thereon, except in compliance with By- law No. 2008- 19.1 .841 Notwithstanding the provisions of sections 2.31, 17.1 and 17.2 of By -law No. 79 -200, no person shall use the land on the west side of River Lane, between John Street and Philip Street, designated P and numbered 841 on Sheet D4 of Schedule "A except for the purpose of a parking area to satisfy a portion of the required parking for an apartment dwelling located on lands on the west side of River Road between John Street and Philip Street, designated R5E and numbered 840 on Sheet D4 of Schedule "A and except in compliance with By -law No. 2008- 10. By -law Nos. 79 -154, 81 -208 and 84 -131 are repealed and section 19.1.67 of By -law No. 79- 200 is deleted. Passed this 6th day of October, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: AB:mb S:\ ZONING \ANIS\20081By- Iawswyam021. wpd October 6, 2008 October 6, 2008 October 6, 2008 -5- -6- APPENDIX "A" Pt Lt 12 P1 294 Town of Niagara Falls; Pt Lt 13 P1 294 Town of Niagara Falls Pt 1, 59R6175; Niagara Falls Pt Lt 13 PI 294 Town of Niagara Falls; Pt Lt 14 P1 294 Town of Niagara Falls; Pt Lt 15 PI 294 Town of Niagara Falls As In RO519575 (Secondly and Thirdly); Niagara Falls Pt Lt 15 P1 294 Town of Niagara Falls; Pt Lt 16 P1294 Town of Niagara Falls; Pt Lt 17 PI 294 Town of Niagara Falls As In RO474752; Niagara Falls Pt Lt 18 PI 294 Town of Niagara Falls; Pt Lt 17 P1294 Town of Niagara Falls As In RO546510; Niagara Falls -7- APPENDIX `B" Pt Lt 83 P1 294 Town of Niagara Falls As In R0474752; Niagara Falls Pt Lt 83 PI 294 Town of Niagara Falls As In R0519575 (Fourthly); Niagara Falls SCHEDULE 1 TO BY -LAW No. 2008 Subject Land i Geodetic Survey of Canada Elevation 162.11m Description: See Appendices "A" and "B" Amending Zoning By -law No. 79 -200 Applicant: Niagara Falls Pointe Limited Partnership Assessment #s: 272503000215200 272503000215400 272503000215300 272503000215600 K: \GIS_Requests\ 2008 \Schedules \ZOnIngAM\AM -21 mapping.map 1:NTS AM- 2008 -021 September 2008 A by -law to authorize the payment of $7,790,847.97 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning August 21, 2008 to September 17, 2008. Passed this sixth day of October 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 6, 2008 October 6, 2008 October 6, 2008 CITY OF NIAGARA FALLS By -law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of October, 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: l The actions of the Council at its meeting held on the 6t day of October, 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 sixth day of October, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 6, 2008 October 6, 2008 October 6, 2008