2008/12/011) Approval of the November 3, 2008, 2008 Community Services Minutes.
2) REPORTS:
a) PD-2008-107
Information Report, South Niagara Falls Watershed Plan
b) BBS-2008-05
Sign By-law Variance Request
Mountainview Homes -Thundering Waters Village
c) R-2008-36
Arena Payment and Cancellation Policy
d) TS-2008-51
Eastwood Crescent -Traffic Operations Review
e) TS-2008-61
Ray's Auto Sales -Information Report
3) NEW BUSINESS:
4) ADJOURNMENT:
a) Resolution to go into Closed Meeting.
STAFF CONTACT:
Alex Herlovitch
John Castrilli
Denyse Morrissey
Karl Dren
Karl Dren
TWENTIETH MEETING
Monday, December 1, 2008
4:00 p.m.
City Hall, Committee Room #2A & B
__~
Ng~g~r~,~'d~ll~
MINUTES OF COMMUNITY SERVICES COMMITTEE
Nineteenth Meeting
Monday, November 3, 2008, Committee Room 2, 4:00 P.M.
PRESENT: Mayor Ted Salci, Chair; Councillors: Jim Diodati, Shirley Fisher, Vince
Kerrio, Bart Maves, Wayne Thomson Janice Wing and Victor
Pietrangelo.
STAFF: Ed Dujlovic, Ken Burden, Serge Felicetti Geoff Holman, Dean lorfida,
Ken Beaman, Lee Smith, Denyse Morrissey, Alex Herlovitch, Trent
Dark, Karl Dren, Dave Stuart and Marianne Tikky -Steno.
ABSENT: Councillor Carolynn loannoni (attending Health Achieve Conference)
GUEST: Chris Prentice - IBI Consulting, Pauline Lauzon - 6905 Kalar Road
PRESS: Corey Larocque, Niagara Falls Review
Lori Sherman, Niagara This Week
MOVED on the motion of Councillor Thomson and seconded by Councillor Diodati that
Councillor Maves be appointed acting Chair of the Community Services Committee in
Councillor loannoni's absence.
Motion: Carried Unanimously
1. MINUTES
MOVED on the motion of Councillor Fisher, seconded by CouncillorThomson thatthe
minutes of the October 6, 2008 meeting be adopted as recorded.
Motion: Carried Unanimously
Action: Recommendation submitted to Council November 3. 2008
2. REPORTS
a) TS-2008-49
Transit Strategic Business Plan Draft Executive Summary Report
Phase 1, 2 and 3
MOVED on the motion of Mayor Salci and seconded by Councillor Diodati, that the
recommendations outlined in the Niagara Transit Needs, Opportunities, Vision and
Policy Options -Draft Executive Summary Report -Phases 1, 2, and 3 be adopted
by Council.
-2-
Motion: Carried Unanimously
Action: Recommendation submitted to Council November 3, 2008.
b) TS-2008-27
Kalar Road and McLeod Road -Parking & Traffic By-laws
MOVED by Councillor Diodati and seconded by Mayor Salci that, Council approve
the report with the exception of the section south of Kate Durden/ Loretto, on the
west side and that staff investigate accommodation of on-street parking in that
section.
1. That various parking, stopping and standing prohibitions be installed upon
completion of road reconstruction on Kalar Road (from a point 205 metres
south of McLeod Road to a point 140 metres north of Forestview
Boulevard/Rideau Street) and McLeod Road (from a point 325 metres west
of Kalar Road to a point 250 metres east of Kalar Road);
2. That a "no stopping" restriction be posted on both sides of Rideau Street
from Kalar Road to a point 38 metres east of Kalar Road;
3. That the legal speed limit on McLeod Road between Montrose Road and
Parkside Road be reduced from 60 km/h to 50 km/h;
4. That Parking and Traffic By-law 89-2000 be updated to remove the stop sign
references upon installation of the traffic signals at:
i. Kalar Road and Forestview Boulevard/Rideau Street;
ii. Kalar Road and Coventry Road; and,
iii. Kalar Road and McLeod Road.
Motion: Carried Unanimously
Action: Recommendation submitted to Council November 3, 2008.
c) TS-2008-54
Weinbrenner Road -Parking Review
MOVED by
1. That a "no parking" restriction be installed on the north side of Weinbrenner
Road from a point 40 metres east of Campbell Avenue to a point 40 metres
west of Campbell Avenue, and;
2. That a "no parking" restriction be installed on the south side of Weinbrenner
Road between a point 32 metres east of Campbell Avenue and a point 30
metres west of Campbell Avenue.
Motion: Carried Unanimously
Action: Recommendation submitted to Council November 3, 2008.
-3-
d) TS-2008-55
Carlton Avenue -Disabled Parking
That two (2) disabled parking spaces be provided on the west side of Carlton
Avenue from a point 28 metres north of Culp Street to a point 40 metres north of
Culp Street.
Motion: Carried Unanimously
Action: Recommendation submitted to Council November 3. 2008.
4) NEUV BUSINESS:
That staff work with Mr. Agrette concerning booking ice time in April for his event.
Failing that, staff look into the suggested dates in January or February.
Motion: Carried Unanimously
Action: Recommendation submitted to Council November 3, 2008.
5) IN-CAMERA:
a) Motion to move In-Camera Session
Moved by Councillor Pietrangelo and seconded by Councillor Diodati.
Motion: Carried Unanimously
6) ADJOURNMENT:
MOVED by Councillor Maves seconded by Councillor Diodati that the Committee
adjourn to an In-Camera session at 5:36 p.m.
Motion: Carried Unanimously
. December 1, 2008
`~~~~:r~~~all~
~-~ c .a v :~ o a
Councillor Carolynn loannoni
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: PD-2008-107
Information Report, South Niagara Falls Watershed Plan
RECOMMENDATION:
That the Committee receive this report for information.
BACKGROUND:
PD-2008-107
A representative of the Niagara Peninsula Conservation Authority (NPCA) will be
presenting the South Niagara Falls Watershed Plan to the Committee at this evening's
meeting. The Watershed Plan was prepared by the NPCA in cooperation with Regional
and City staff, landowners and interest groups for the area of Niagara Falls located south
of the Welland River including all of Willoughby and Crowland. The Plan also involves
portions of the City of Welland, City of Port Colborne and the Town of Fort Erie.
The purpose ofthis report is to outline thefindings and recommendations ofthe Watershed
Plan and how the City can utilize the Plan's data and strategy to protect and improve water
quality and quantity.
The South Niagara Falls Watershed Plan
A watershed is an area of land from which surface runoff drains into a common water body.
The South Niagara Falls Watershed Plan includes several sub-watersheds including:
Grassy Brook, Hunters Drain, Lyon's Creek, and Tee Creek which all drain into the
Welland River; and Bayers Creek, Ushers Creek and several small sub-watersheds that
drain directly into the Niagara River (see next page).
The purpose of the Watershed Plan is make recommendations to the affected Planning
authorities on the bestwayto protect, improve or restore waterquality and quantity through
land use planning process. The need for the watershed plan was identified in the Niagara
Water Quality Protection Strategy produced by the Niagara Region in 2003.
_ Working Together to Serve Our Community Community Services Department
~., Planning & Development
~t ,. .
December 1, 2008 - 2 - PD-2008-107
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Hscerpt from the South Niagara Wmarshed Plan
Through an assessment of such data as: topography, geology, soils, wetlands, wildlife/fish
habitat, vegetation and current and historical lands uses, the Plan presents the current
health of the watershed and its individual natural features. Recommendations on how to
restore, maintain and improve the environment within the watershed in support of water
quality and quantity and who would best accomplish these tasks are put forward.
The first phase of the Watershed Plan Study involved a detailed background report on the
area's natural features and surface and ground water resources. The following is a brief
outline of what was found:
Wetlands There are Provincially Significant Wetlands in the Grassy Brook, Tee
Creek, Black Creek, and Lyon's Creek subwatersheds and in the
Willoughby Marsh. Numerous additional wetlands have been identified
through the study and the Niagara Heritage Inventory currently being
undertaken by the NPCA. Figure 9 of the Watershed Plan (attached as
Appendix 1) shows the location of these additional wetlands which will
have to be evaluated by the Ministry of Natural Resources (MNR) as
either of provincial or local significance.
Woodlands There is a significant amount of upland area in the watershed including
an old growth area that contains Black Gum trees that are 450+ years
old, as well as other species that are over 100-200 years old.
December 1, 2008 - 3 - PD-2008-107
Natural Using the Region's significant trees criteria, the Plan identifies
Heritage numerous woodlands, many of which overlap with wetlands or Areas of
Sites Natural or Scientific Interest (Appendices 1 & 2). A considerable
amount of these lands are Carolinian Core Areas -intact natural areas
usually >200 ha in size. Carolinian Life Zones in Ontario contain 1/3 of
the Canada's rare and endangered species on only 1 % of the Country's
total land area.
Aquatic There are two at risk fish species in the Niagara South watershed. Fish
Habitat habitat must be maintained or restored for the fish currently present.
Municipal Municipal Drains can contain fish habitat. Fisheries and Oceans
Drains Canada has developed a class system for drains based on such
features as flow conditions, last clean out dates and fish species
present. Type E drains (permanent flow with warm water and top
predators such as largemouth bass or northern pike) in the City include
Union Marsh Drain, Young Drain, Boyer's Creek Drain and Tee Creek
Drain. The drains are shown on Appendix 3.
Surface There is evidence of certain nutrient, metal, microbiological
Water contamination in the Watershed's Creeks. All five water quality
monitoring stations operated by NPCA Staff (Usshers, Lyons Creek,
Grassy Brook, Tee and Boyers Creek -see Appendix 4) have found
impaired water quality ratings in 2007.
Ground There is a high susceptibility of ground water contamination in a
Water southwestern area of Niagara Falls and medium susceptibility around
the Willoughby Marsh and the Niagara River (see Appendix 5).
Additional studies are needed to ensure that land uses don't conflict
with the protection of groundwater resources in susceptible areas.
The Plan identifies the challenges and opportunities for the protection and improvement
of the South Niagara Falls watershed. An outline of those challenges are identified below:
Faulty septic systems can contaminate ground water through improper use and
maintenance. A maintenance and education program could improved local septic
system operation.
Landfill sites are not currently monitored for their impact on water resources.
Road salt can contaminate water resources. In the South Niagara Falls watershed,
there is a medium-high level for surface water contamination, less for ground water
contamination. The Region has completed a study assessing the risk for Regional
Roads. Municipal roads should also be assessed for risk.
Nutrient contamination can occur with improper handling of manure and chemical
fertilizers. A Nutrient Management Plan or Strategy is now required by the Province
for lands that produce, store or apply manure.
December 1, 2008 - 4 - PD-2008-107
• Development can contribute to surface runoff. The Watershed Plan has not
identified development as a major concern in Niagara Falls since, outside of
Chippawa, the watershed plan applies to primarily agricultural lands.
• Natural Heritage resources help filter out the contaminants that can get into ground
water and the loss of these resources can adversely affect ground water quality and
quantity.
• Forestcoveris adequatewithin the South Niagara Falls Watershed shed to protect
water quality and species diversity, however, most of the forest cover is immature
and may be functioning below optimum for habitat diversity.
• Fish habitat needs protection from damage than can occurfrom dredging and filling
near spawning areas, loss of vegetation along the creek, stream alterations
including fish barriers, poorly managed stormwater management, impaired water
quality and loss of groundwater recharge capability.
The Watershed Plan offers Ecological Restoration and Environmental Planning tools that
can be utilized to protect water quality and quantity and the natural heritage resources of
South Niagara Falls. They include:
I) Communication and Education -between citizens and agencies in the watershed
through the identification of natural restoration programs such as: Wetlands Are
Worth It Program for wetland creation on private property (NPCA); Septic System
Education and Funding Program; Abandoned Well Decommissioning Program
(NPCA); and Invasive Species Removal.
ii) Policy tools. The Region and the local municipalities are to take water protection
into consideration through policies and incentive based tools and water
conservation. Examples include:
• stormwater Management Policies currently being created by the NPCA that
will be implemented through the Official Plan;
• riparian buffer policies for waterways that provide adequate vegetated
setbacks along streams to help protect water temperature and quality;
• alternate subdivision design such as clustered development to retain natural
areas on site;
• water conservation programs such as the City's water barrel program
• alternate land use services such as the use of a portion of land to produce
environmental benefits in exchange for investment by the rest of society to
manage the benefits; and
• land acquisition programs for the City or NPCA to protect natural areas from
development.
iii) Best Management Practices. Best Management Practices are practices that control
the source of pollution through the requirement of: construction activity such as
stormwater control, grade stabilization or crib walls; vegetation to stabilize erosion
sites; and site management for operations. The City can practice best management
in urban areas by directing surface water drainage to infiltration areas like lawns or
gardens, ban pesticide use, offer rain barrel programs for water collection or prohibit
clearing around natural areas.
December 1, 2008 - 5 - PD-2008-107
iv) Funding Sources for Environmental Projects. Several programsexistthatcanassist
the public and private sectors to implement programs to protect water resources.
Funding is available through the Region's Water Quality Improvement Program,
MNR's Conservation Land Tax Incentive Program, MNR's Managed Forest Tax
Incentive Program, the Fram Property Class Tax Rate or the NPCA Water Well
Decommissioning Program.
The Watershed Plan provides a watershed strategy based on the separate restoration
plans for each of the larger subwatersheds. The strategies identify the restoration
suitability of the subwatersheds based for riparian habitat (vegetative buffers); wetland
habitat (storm drainage); and upland habitat (non-wetland vegetated areas). The
restoration suitability areas are shown on Appendix 6, 7 and 8). Implementation of the
Strategy is provided through a table that identifies specific actions and the primary
stakeholder to implement the action (provincial agencies, regional government water
municipalities, public interest groups or landowners).
Planning Analysis
Section 2.2.1 of the Provincial Policy Statement requires Planning authorities to "protect,
improve or restore the quality and quantity of water" by, firstly, using the watershed as the
ecologically meaningful scale forplanningand by: minimizing negative impacts, identifying
the natural features necessary for the integrity of the watershed, implementing restrictions
on developmentand site alteration, maintaining linkages, practicing waterconservationand
proper stormwaterrnanagement. The South Niagara Falls Watershed Plan, along with the
N PCA's Natural Areas Inventory and Stormwater Management Policies currently underway
and the Region's Water Protection Strategy, all assist the City in meeting the Water
Policies of the PPS.
Several of the management actions suggested in the Watershed Plan have already been
initiated by different levels of government such as the Provincial ban on cosmetic
pesticides and Best Management Practices Guidelines.
The current environmental policies of the Official Plan have been updated through general
amendments over the past few years to recognize the changes to the Provincial Policy
Statement and other policies so there is reference to the protection of linkages between
natural areas, the restriction of development on significant wetlands or fish habitat and
valleyland protection for increased vegetation.
,A more comprehensive review of the City's environmental policies is currently underway
by staff to bring them up to date with the latest NPCA policies and the recently approved
Regional Environmental policies. The policies and findings of the South Niagara
Watershed Plan will be integrated into the draft environmental policies.
The recommended management actions for local municipalities where they are considered
the lead stakeholder include the following. An outline of the City's current and possible
future actions to implement these are listed.
December 1, 200$ - 6 - PD-2008-107
Official Plan policies for:
Surface and ground water The additional wetlands identified in the Plan will
quality protection and continued be identified for protection under the Official Plan
monitoring of water quality. until their significance is confirmed by the MNR.
• Fish habitat will continue to be protected under
the Official Plan. Right now the Official Plan
exceeds the Region's Environmental policies by
designating a buffer area on both sides of the
City's Creeks as an Environmental Protection
Areas.
• The City has made a proposal to Fisheries and
Oceans Canada and the NPCA for maintenance
and extension of Boyer's Creek Drain, Union
Marsh Drain, and the Ushers' Creek Branch
and the addition of Hunter's Drain as a municipal
drain.
• New Policies in the Official Plan should identify
the protection of susceptible groundwater areas
through mapping land use restrictions. The
Source Protection Plan being undertaken under
by the NPCA will further detail susceptible areas
and will have the power to further restrict land
uses beyond the City's Zoning By-law if
necessary.
• The Region is completing the Niagara Falls
Intake Protection Zone (IPZ) study, as one of the
technical studies required under the Clean Water
Act. This study will examine the intake area for
drinking water for Niagara Falls residents in
Chippewa for possible contaminating land uses.
The implementation of NPCA When completed, the Stormwater Policies of the
Stormwater Policies and Best NPCA will be integrated in the Official Plan and, if
Management Practices. applicable, into City pclicies and procedures.
The utilization of conservation The Official Plan currently contains policy that
easements, land dedication and supports the use of conservation easements,
acquisition to secure critical linkages and land dedication. The policies will be
linkages. further reviewed through the Official Plan update to
include further details or guidelines.
The identification and The additional wetlands identified in the Plan will
incorporation of significant be identified for protection under the Official Plan
natural areas; and ecological until their significance is confirmed by the MNR.
linkages.
December 1, 2008 - 7 - PD-2008-107
• The significant woodlands identified will be
protected through an environmental designation in
the City's Official Plan.
• Policies regarding ecological linkages will be
developed.
By-laws that:
Eliminate the use of lawn
fertilizers, pesticides and
herbicides. •. The Province will be instituting a ban on the use of
cosmetic pesticide use in early 2009.
• The City can consider further bans.
Implement downspout The City has already taken steps to eliminate
disconnection and require downspout connections to the sanitary or
homeowners to disconnect their combined sewers and routinely follows up on
weeping tiles from the sanitary violations. Also, a five year program started this
sewer system. year to disconnect the weeping tiles from the
sanitary sewer on properties that had flooding or
sewer lateral problems. Council will be forwarded
a by-law in the future to implement this program
City wide.
Implement a rain barrel The City has also taken steps to address water
program. conservation including a rain barrel program and
other initiatives to be made available in the future.
Specific measures such as:
Conducting a secondary
prescribed burn at the Baden
Powell Park projec# site.
Continued partnership building The City has representation on the Niagara Water
with public interest groups to Quality ProtectionStrategywhichcontinuestofund
access funding for reforestation programs regarding water conservation
programs.
Ensuring compliance with the The Official Plan has been brought up to date with
Provincial Policy Statement and PPS and will be brought up to date with all new
NPCA policies. NPCA policies through updates and amendments.
CONCLUSION:
The South Niagara Falls Watershed Plan implements the Water Resources policies of the
Provincial Policy Statement by provtiding a watershed scale approach to the protection of
water quality and quantity. The resource identification and action plans outlined by the
Plan will assist the City in achieving this objective of the PPS through the update of Official
Plan mapping of natural heritage features and written policies. The Plan also assists the
December 1, 2008 - 8 - PD-2008-107
City in setting specific targets and actions within the different subwatersheds. The City
should proceed with the preparation of Official Plan policies and implementing zoning by-
lawamendments, along with other actions and projects in support of the protection of our
water resources for now and the future.
~ ,~
Recommended by: //lfZ~'~~C i"~/J~/(~~
Alex erlovi~ tch, Director of Planning & Development
Approved by:
FBerardi:mb
Attach.
Ed Dujlovic, Executive Director of Community Services
ShP~R~20081P0-2008-107,Community Services Comm,SOUth NF Watershetl.wpd
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APPENDIX 8
• December 1, 2008 BBS-2008-05
_
:~i a~~Q~ ~Il~~a al~s
~ ,F,:,. ,
Councillor Carolynn loannoni, Chair
and Members of fhe Community Services Committee
City of Niagara Falis, Ontario
Members:
Re: BBS-2008-Q5
Sign By-law Variance Request
Mountainview Homes - Thundering Waters Village
RECOMMEPIDATION:
That the Committe eny the variance request. ~ak a~~r iu~~ce For 300
U- boarc;l 5 i~v~ loe grc~v~~d -~v r 5- ~~2ar5 .
BACKGROUfVD:
Mountainview Homes is requesting a variance to the Sign By-law that woufd allow the
installation of a ground sign where the entrance to Thundering Waters Golf Course
intersects with Marineland Parkway. The sign consists of two panels-one panel is 10 feet
x 20 feet and the other 15 feet x 20 feet. The sign is proposed to be located at the top of
the hill on the southeast corner of the intersection, constructed in a"V" formation to
maximize exposure. The sign is also set back a substantial distance from ihe intersection.
Mountainview will also be removing an existing ground sign that is 168 Square feet.
The Committee should also note that the purpose of ihe sign is to market the Thundering
Waters Village subdivision and is proposed to be in place for a maximum of five years or
until the village is sold out whichever comes first.
As such, the current Sign By-law allows for the installation of ground signs, however; the
maximum square footage cannot exceed 200 square feet. The variance request is for a
2-panel sign arrangement totaling 500 squarefeet which exceedsthe by-law by 300 square
feet.
PLANNING COMIVIEN7S:
In considering the request for minor variance, Planning and Development staff have
reviewed the proposed sign with respect to the following:
• is it desirable;
• +s it minor in nature;
~ is the general,intent and purpose of Yhe By-law maintained; and
• is the general inlent and purpose of the Official Plan maintained..--
Working Togetker 1o Serve Our Cornnaurtity CommuNty Services Department
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December 1, 2008 - 2 - BBS-2008-05•
The lands are designated Tourist Commercial in the Official Plan which encourages
improvements to streetscapes as part of the creation of a high quality urban environment.
Signs play a critical role in the streetscape as they can create visual clutter and intrusions
if inappropriately sized, designed or located. The proposed sign is 300 square feet in
excess of the maximum permitted under the Sign By-law which would result in a sign 2.5
times the maximum size now permitted. The justification for the increased area is the
location, on top of a rise in the land at the southeast corner of Stanley and Marineland
Parkway. There are a number of over-sized signs along the south side of Marineland
Parkway and the addition of another over-sized sign and in a prominent location would be
further visual intrusion into the streetscape. Clearly the variance requested is not
desirable, is not minor in nature nor maintains the general intent and purpose of the By-law
or the Official Plan.
Recommended by: ~ ~" l/dt
John Castrilli, irectoY^ ( uilding & By-law Services
~.
Approved by:
Ed Dujolvic, Execu ive Director of Community Services
attach.
hJOV-0=1-2fJ~ St6' ! ~ ~ 4 i MUUNTR I hJlr [ EIIJ HOMES P, ~J~iIJ3
~ I'
FIOM ES
September 29, 2008
hlis Worship Mayor Ted Salci & Council
4310 Queen Street
PO Box 1023
Niagara Falis ON L2E 6X5
685 - L~~ • ~ ~
RE: Variance far Proposed Signage Advertising TlrunQering Waters Village
Dear Mayor Salei & Council,
We are applying for a variance from your sign by-law to permit for the advertising of our
Thundering Waters Village subdivision located at the thundering Waters golf course on
Marineland Parkway.
This development was Draft Plan of Condo approved by Council on June 9`h 2008, and
we are now at a stage in the process where we can start preseiling homes within the
community. As such, we would like to install signage at the entrance to the site where it
intersects with Marineland Parkway. The signage, a copy of which is enclosed, is
proposed to be located atop the hill on the south east comer of the intersection. Given the
location of the sign and its distance from the intersection in both lateral and elevated
terms, the sign is required to be larger so that it can be easily read by passers by.
Furthermore, the sign is designed to face in two directions, one being north westerly, the
other being north easterly. As a result of the intent to advertise From two different
directions, and the distance of the proposed location from the intersection, our proposed
sign exceeds the by-law by 300 square feet.
Although [his size may seem unnecessary, for the reasons already listed iz is desired so
that it can be clearly legible. In our opinion the location and size of the proposed sign is
neither obstructive to the sight lines of traffic, or hazardous to motorists. Moreover, and
although we appreciate that this is a ground sign and not a billboard, westerly along
Marineland Parkway and McLeod Drive, on the same side of the street there are (arger
billboards advertising various tourist attractions. We respectfully submit therefore that
our proposed sign is in keeping with other signage in the area, and is not particularly
obtrusive to any neighbouring land uses.
33 `:O NEPRIT"vILLE HwY UNIT 9 TNOPO~D ON, ~2V at9 O 90~ 99t3 3 i 00 P BO ^v 999 55'E~ `^""^'-^o~~wr-i~~~c.+.co..~
r10!.!-~7~ 2fJ~7t, 12 ~ 4'T f90UNTH, hJ~.J I Ei,i HOP1ES ; ' .iii°:--f ~,
gas ~~a~ ~~~
Lastly, it shpuld be stated that this signage does not need to be, nor aze we applying far
this sign to be permanent. Once sales on the site are complete we'd be in a position to
remove this sign. We anticipate that we will require this signage for e period of 5 years;
our hope is to be sold out sooner, but given the state of the market 5 years may be
necessary.
it is for these reasons that we request and hope for your support of our proposed signage.
Ti iTR~ F. ~h,
Respectfully,
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• December1,2008 R-2008-36
.~.~j
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~~J i~tg~:rd~~`alls
Councillor Carolynn loannoni, Chair
and ~~embers of Community Services Committee
City of Niagara Falis, Ontario
Members:
Re: R-2008-36 - Arena Payment and Cancellation Policy
RECOfUfMENDATION:
1) Thai Council apprave the new Arena Payment and Cancellation Poiicy;
2} That the new Arena Payment and Cancellation Policy becomes effective for the
new arena ice season which commences Ma ~~E009;
.7~a„ ao~~
3) That staff coordinate an information meeting with arena user groups and clients on
the new Arena Payment and Cancellation Policy.
BACKGROUND:
Many municipalities throughout Ontario have comprehensive arena use and cancellation
- policies for occasional, seasonal and special event/tournament users. One of the key
principles in these policies is the municipal commitment to the management of fiscally
responsible arena operations, fairand equitable arena icelfloorallocation and special event
arena management.
A new Arena Payment and Cancellation Policy would establish and clarify the City's
responsibilityforarena administration specific to ice rental cancellations. Il is expected that
the increased level of a tax payer subsidy required to operate the current arenas each
year, given the current cancellations experienced would be mitigated with a new
cancellation policy.
The 2008 actual ice rental revenues to date, for the three arenas when compared to
budgeted 2008 revenue projections, show a significant variance. Approximately $80,600
in ice and facility rentals has been cancelled or'turned back' in 2008 to date from special
events or tournaments in the arenas. The cancellation of one large annual special event
for `dry use' held each summer was an additional $16,000.
Additionally, the average wee[cly 'turn back' of ice by seasonal youth prime users or
organizations (as the ma;o~ity of prime time ice is booked by youth orgai+zationsj~can-be---
6Yorking Togeiher to Serve Our Co~xmunity Communiry Services oepartment
Parks, Recrealion & Culture
i - .
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December 1, 2008 - 2 - R-200838
in the average range of 20 hrs per week. Based on an average of 20 hrs per week for 30
weeks per year using youth prime rates, can be approximately $65,000 per year. For
example, the week of October 27 to November 3, 2008, 22 hours of prime time (youth
prime) ice was cancelled or about $2,400 in ice time.
There has been a tremendous focus and effort made to operate our arenas more cost
effectively. Revenue generation is a significant component of an effective arena operation.
Given the current cancellation notice requirements and the resulting financial impacts, the
need for a new policy has been identified as important.
It is noted that the implementing of the cancellation policy effective January 2009 would
better address continued cancellations or turn back of ice in the first quarter of 2009. It is
expected that the cancellation of ice and loss of revenue from tournaments and seasonal
user cancellations to the City would be continued. Meeting with the user groups and ice
clients would then be expedited to allow the policy to become effective prior to the new ice
season (which is May 1, 2009 annually to April 30, 2010).
The opportunity to re-market the ice time and attempt to recoup lost revenues from
cancellations is very difficult/impossible with the current cancellation notice time lines. The
current notification requirements have resulted in prime time ice not being used, resulting
in no associated revenue for the City. This also has an impact on concession revenue.
The policy would also contribute to improving the ice designated to users at the annual
allocation meeting each June. The distribution of ice and allocation to users should ensure
that their ice requests are based on actual needs. Therefore, the past cancellation
practices of an organization would be accessed, whereby the ice time that is scheduled or
booked for an organization is more consistent and directly tied to their actual annual
utilization.
The new cancellation policy is seen as essential in achieving the financial targets identified
in the business plan for the Gale Centre.
The Arena Payment and Cancellation Policywill guide staff and users to manage our arena
resources to ensure more optimum usage and programming to reflect municipal directives
as outlined in the financial policies of the City of Niagara Falls. The Policy will also support
a more effective approach to arenas' financial management and facility scheduling, and
play ah important role in the future allocation of ice based on actual ice usage.
With the approval of the Arena Payment and Cancellation Policy an information meeting
will be coordinated with all current arena user groups and seasonal tournament clients
regarding the Policy.
Recommended by: ~~y tir ~1
Dehyse/Morrissey, Director of Parks, Recreation & Culture
Approved by: / }~/~Lr~t~~w
Ed Dujlovic, Executive Director of Community Services
V:12008COUNCIL1081201\R-2008-36 -Arena payment and Cancellation Policy 1.wpd
DEPARTNIENT: DATE EFFECTED: POLICY:
CONINIUNITY SERViCES Arena PaymenT &
PARKS, RECREATIOfV & y 1, 2009 Cancellation Policy
CULTURE ~
Tn li ZDO~ Report R-2068-3G
SECTION: ]000.55
Purpose
This policy establishes and clarifies the City's responsibility for arena administration, and its
commitment to the management oF.
• Fiscally responsible arena operations;
~ Fair and equitable aren~ ice/floor allocation;
• Processing of tournament, special event and seasonal arena permits;
• Special event arena management.
1. Arena Operations
The City of Niagara Falls wil! responsibly manage its arena resources to ensure optimum usage and
pro;ramming to reflect m~roicipal direclives and to minimize risk and operationa] issues, as well t~s
enhance fiscal health to allow for timely and effective arena management.
2. Tournaments and Specia] Events
Tlie Ciry of Niagara Fafls supports tocirnaments and special event rentals. Toiirnament and special event
ren[als are revenue generating opportunities to both the organizers and the Cify o fNiagara Fal ls, as wel]
as economic spin-off to the comrnunity ac targe. 'I'hey may inchide events of regional or provinciai
signiFicance or tournaments hosted by seasonal clients, private individuals, organizations or the
community.
2.1 Tournaments and Special Events Payment Schedule
• Require 25% deposit on a credil card day ofbooking tourn~unenVspecial event.
• ToumamenUevent ice/floor usage to be confirmed 30 days in advance with a second payment
of 25% of the total amount owing.
• Remaining 50 % payment is due the day of the to~irnamendevent.
?.2 Tou37tament Permit Amendments and Cancellarions
The City will effectively manage any client requests lor tournaments and specia( event permi(
8,111817(1L11.'„iC3 OC G3~IG211c1i10115 W'Ii~'I I.'11E ~Ofll pf R711]Illll7_117~ 8(iII11111SLCilliVd, CCVCfIIIZ tlill~ OQBl'ai10[lui
impacts. When chai~ges or cancel(ations are requested, the gtiidelines outlined in this policy will be
applied.
3. Permit Amendments
3.1 Cancellations
Parl<s, Recreation & Culttirc has the right to control all arena icelfloor distribution and use of
City-otivned and operated arenas for the duration of the arena pennit. Controfs n~ust be in place to
mi~imizethenegativerevenueimpacts thatunused,~etumed,amendedandcancelledice/Iloortimecan
have on the arena operacion, its clients 2nd the tax payers of Niagara Falls.
-2-
3.2. Transferred Arena/ Arena Trades/Sub-Leased Arena
The City ofNiagara Falls is the sole permit authority for all arena times. The City must be aware of and
be able to control the intended use of all arenas within its permitted times. It is recognized that
last-minute changes to the intended use of the arena may occur under rare, infrequent and unforeseen
circumstances however, Parks, Recreation & Culture must be notified by the permit holder. Failure to
notify Parks, Recreation & Culture may result in termination of the permit and cancellation of future
bookings.
3.3. Permit Cancellation
Once an arena rental permit has been signed, the following cancellation policies come into effect:
Tournaments and Special Events (initiated by the permit holder and/or the permit holder's designated
arena permitted/scheduler(s))
• Require 60 calendar days written notice to Parks, Recreation & Culture in order to receive a full
permit refund. A partia125% refund will be given upon 30 calendar days written notice.
• No refund will be given upon 29 or less days cancellation notice.
• Administration fee of $20.00 per permit for cancellations.
• If a buyer cannot be found for the requested to be cancelled hours, the permit holder is
responsible to pay the full cost for unsold hours and the additional cancellation fees.
Seasonal rentals
Require 15 calendar days written notice to Parks, Recreation & Culture in order to receive a full
permit refund.
Administration fee of $20.00 per permit for cancellations.
If a buyer cannot be found for the requested to be cancelled hours, the permit holder is
responsible to pay the full cost for unsold hours and the additional cancellation fees.
Occasional Rentals
• Require 15 calendar days written notice to Parks, Recreation & Culture in order to receive a full
permit refund.
• Administration fee of $20.00 per permit for cancellations.
• If a buyer cannot be found for the requested to be cancelled horns, the permit holder is
responsible to pay the fall cost for unsold hours and the additional cancellation fees.
3.4. Permit Cancellations by the City of Niagara Falls
The City reserves the right to reasonably postpone, reschedule or cancel any permitted activity due to
justified circumstances. The City reserves the right to cancel a permit or portion of the permit if there
is a breach of the condition or regulations, Rzone or should the City be of the opinion that the arena is
not being tuned for the purpose contained in the application. The City will exercise no tolerance to any
form of violence, vandalism or inappropriate behaviour. Where postponement or rescheduling cannot
be mtttuallycoordinated, the permit holder affected will receive a full refimd/credit for the time owing.
3.5 Curfew Arena
The City reserves the right to curfew any games, including tournament games, to maintain the schedule
submitted and will consider the cancellation of any or all pern~its if the user does not cooperate. [t is Che
responsibility of user groups to inform Parks, Recreation & Culture of any special requirements
regarding curfews at the time the schedules are submitted.
3.6 Opening Arena Facilities Outside of Standards Hours of Operation
The opening of arenas on statutory holidays, when they are normally closed, or beyond established
operating hours will be considered only if the applicant agrees to pay for the full operational costs for
such an opening and pending the availability of staff. All reasonable requests will be reviewed and
responded to. Application does not guarantee approval.
5:\Council\Conncil 2008\R-200836 - Attachment- r\rena Payment and Cancellation Policy.wpd
~ ~ Decem ber1,2008 T5-2008-51
~
:1'~i~~,~~x~~~alls
v.,
Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: TS-2008-51
Eastwood Crescent
Traffic Operations Review
RECONiMENDRTIONS:
9. That a"No Heavy Vehicle" restriction including "Up to $5,000 Fine" and "No
Buses" tabs be implemented on Eastwood Crescent between Victoria Avenue
and Palmer Avenue;
2. 7hat a"No Heavy Vehicle" restriction including "Up to $5,000 Fine" and "No
Buses" tabs be implemented on the entire length of Ryerson Crescent;
3. That a stop sign be installed #acing southbound motorists on Wesley Place at
Eastwood Crescent;
4. That a"no stopping" restriciion be instafled on the south side of Eastwood
Crescent between Victoria Avenue and a point 30 metres east of Victoria
Avenue;and,
5. That buses be restricted from the metered parking spaces on the east side of
Vicioria Avenue between Kincaid Place and Robert Street.
b, ~~a~ s+u-Ff ~e~~ e~~ -jh~-Ira~~ o~~era~vr,s ~~er ~~ie v~ex-~ s,x rYwntl~s cu^d~
BACKGROUND: 4~~~r~r~ c~ VePork b~~~< -h~ Co~~mr!{ze ~
In reply to a request from an area resident, Staff has investigated the traffic operations on
Eastwood Crescent between Victoria Avenue and Palmer Avenue. The concern stems
from vari~us tra.ffic operation issues incl~iding lraffic veiumes, congestion, speeds, hea+ry
vehicles, parking and ~isibility. A concern regarding the potential for increased traffic
through the neighbourhood once the seven storey residential apartment complex a# River i
Road and John Street is constructed has also been expressed. Various studies have been i
completed to address these concerns. ~
, -
I Community Services Department
Working 1'ogetller to Serve Our Communrty I Transportation Services
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December 1, 2008 - 2 - TS-2008-51
Eastwood Crescent is a local roadway that is 8. metres in width. Eastwood Crescent
extends between Victoria Avenue, an arterial roadway, and Palmer Avenue, a collector
roadway, continuously curving at a constant rate for most of its length. Light standards are
present on the south side providing illumination during nighttime hours. Sidewalks are
present on both sides. Various parking restrictions are present on both sides of the road,
including a parking prohibition on the north side throughout the entire study portion, and
on the south side between Victoria Avenue and a point 65 metres east of Victoria Avenue.
A residential permit parking zone is present on the south side of Eastwood Crescent for
a short section between Wesley Place and Ryerson Crescent.
Traffic recorders were installed for a week's duration on Eastwood Crescent to record
traffic volume and speed data. On an average day, Eastwood Crescent carries a 2-way
volume of 1420 vehicles between College Crescent and Victoria Avenue, and a 2-way
volume of 1030 vehicles between College Crescent and Palmer Avenue. These traffic
volumes are sightly higher than a typical local road.
An origin and destination study was carried out to determine the number of vehicles using
Eastwood Crescent that does not have either an origin or destination on the roadway.
Data was collected for two hours in the morning and two hours in the afternoon. During
the duration of the study, a total of 212 vehicles was observed in the eastbound direction
of which 115 vehicles or 54% passed directly through. In the westbound direction, a total
of 218 vehicles was observed and 91 vehicles or 42% of the total passed through. These
drivers are not making any stops on Eastwood Crescent.
Palmer Avenue is a collector road that runs parallel to Victoria Avenue and offers an
alternate route to downtown. Motorists exiting Roberts Street onto Victoria Avenue may
choose to access downtown area via Eastwood Crescent and Palmer Avenue rather than
proceeding north on Victoria Avenue. Motorists may feel that using Eastwood Crescent
instead of Victoria Avenue is quicker as there are no traffic signals to pass through to reach
downtown. A time and delay study revealed that the time to reach downtown would be the
same via either route, subject to the motorist not having to stop for a red light at any of the
seven traffic signals they would encounter. Thus, there is evidence that motorists that have
no origin or destination on Eastwood Crescent use it as an alternate route. This is
common noted on streets that extend between two arterial road and/or collector roads.
Automated speed studies identified that the 85'" percentile speed, the speed which the
majority of motorists travel at or below was calculated to be 50 km/h west of College
Crescent, and is 49 km/h east of College Crescent. Similar results were obtained during
a manual speed study with an 85`" percentile speed of 49 km/h in the morning and 47 km/h
in the afternoon in the eastbound direction. Speeds acquired for the westbound direction
were 50 km/h in the morning and 49 km/h in the afternoon. As the speed limit is 50 km/h,
a speeding problem has not been identified on Eastwood Crescent.
Further observations were conducted to determine whether delays and long queues occur
on Eastwood Crescent at its intersection with Victoria Avenue. It was revealed that the
longest queue in the westbound direction was observed to be five (5) vehicles. Minimal
delays were observed as all motorists made their respective turning movements within a
two minute time frame.
A request was made to reopen McDougall Crescent at Victoria Avenue. McDougall
Crescent and Stamford Street were both permanently closed when the Robert Street
ramps were realigned. There is insufficient spacing between the ramp terminal and
December 1, 2008 - 3 - TS-2008-51
McDougall Crescent for the two intersections to operate safely, and thus negates its
reopening.
A visibility review was conducted. Adequate stopping sight distance is maintained on the
entire length of Eastwood Crescent, despite its curvature. The absence of parking on the
innercircle assists motorists in maintaining maximum sight lines. Observations identify that
motorists exercise caution prior to entering Eastwood Crescent from the various side
streets. Each intersection within the study area is controlled by a stop sign except for
Wesley Place at Eastwood Crescent. A stop sign is recommended for this intersection to
assign the right-of-way.
A 3-year collision review was conducted for the study section of Eastwood Crescent. A
total of four (4) collisions were reported at the intersection of Eastwood Crescent at Victoria
Avenue. Two angle collisions occurred as a result of a motorist attempting to enter Victoria
Avenue from Eastwood Crescent. The collision reports noted that a bus was presentwithin
the metered parking zone, which appeared to have been the contributing cause in the
collision. One angle collision was reported at the intersection of Eastwood Crescent at
Palmer Avenue. Also, two mid-block collisions occurred on Eastwood Crescent with one
single motorvehicle collision between College Crescent and Victoria Avenue, and one rear
end collision caused by a motorist reversing their vehicle between College Crescent and
Wesley Place. Both collisions occurred during slippery road conditions. No collisions have
been reported at the intersections of Eastwood Crescent at College Crescent, Eastwood
Crescent at Wesley Place and Eastwood Crescent at Ryerson Crescent. Staff is
recommending that buses be restricted from the metered parking zone to ensure that
adequate sight lines are present for motorists to see approaching northbound traffic on
Victoria Avenue.
Observations reveal that drivers of trucks, tour buses, delivery vehicles and school buses
utilize Eastwood Crescent. Currently, a "heavy vehicle" restriction is not present on
Eastwood Crescent within the study area, though there is a restriction in place on
Eastwood Crescent between Palmer Avenue and River Road. Since the closure of
McDougall Crescent, Eastwood Crescent is now the first road north of Highway 420 on the
east side. McRae Street is the first roadway north of Roberts Street on the west side, and
it has a heavy vehicle restriction to prevent bus operators from shortcutting in place of
using Roberts Street or Morrison Street. To deter heavy vehicle operators from using
Eastwood Crescent as a shortcut route, a "no heavy vehicle" restriction including "Up to
$5,000 Fine" and "No Buses" tabs are recommended on Eastwood Crescent between
Victoria Avenue and Palmer Avenue. The same restriction is required for Ryerson
Crescent, as operators that may use this road will illegally enter the Eastwood Crescent
restriction without the opportunity to turn onto another road once drivers notice the
restriction.
Vehicles were observed parked within the permitted parking area on the south side of
Eastwood Crescent throughout the day during several site visits. Trucks were also
observed parked on Eastwood Crescent within the prohibited parking zone to unload
deliveries to the Jade Garden restaurant. The loading area for the Jade Garden
Restaurant is via Eastwood Crescent and trucks delivering goods to the restaurant park
on the street. This activity is permitted in a "no parking" zone provided the goods or
persons are actively being loaded or unloaded. However, to ensure that adequate
clearance from Victoria Avenue is maintained, Staff is recommending that a "no stopping"
restriction be installed on the south side of Eastwood Crescent between Victoria Avenue
and a point 30 metres east of Victoria Avenue.
December 1, 2008 - 4 - TS-2008-51
The seven-storey residential apartment building is proposed on River Road between John
Street and Philip Street. Residents of this apartment building may contribute to additional
traffic on Eastwood Crescent. Outgoing motorists would logically access Roberts Street via
Falls Avenue, which is two blocks away from this apartment. Inbound traffic may use
Bender Street and Hiram Street from Victoria Avenue to gain access to the apartment
complex, but some may use Eastwood Crescent. The traffic study identified that this
development is expected to generate a total of 59 and 69 two-way site trips for the morning
and afternoon peak hours respectively. The traffic impact study identified that there will
be marginal traffic increases in the surrounding neighbourhood as only a small percentage
of the total traffic will elect to use Eastwood Crescent.
Based on the above information it is recommended that heavy vehicles and buses be
prohibited from using Eastwood Crescent. The absence of these vehicles will also help in
reducing unnecessary noise pollution caused by diesel engines. School bus operators will
be permitted. Furthermore, it is recommended that buses be restricted from the metered
parking spaces on the east side of Victoria Avenue between Kincaid Place and Robert
Street, and that a "no stopping" restriction be installed on the south side of Eastwood
Crescent between Victoria Avenue and a point 30 metres east of Victoria Avenue. A stop
sign is recommended facing southbound motorists on Wesley Place at Eastwood
Crescent.
Recommended by:
Dren, Director of Transportation Services
Approved by:
~1 ~'~^.~~!~1y
~i~- Ed Dujlovic, Executive Director of Community Services
Bart Ski6a
5'1General Atlministration\GA 1.01 Repods@008 Community Servicesll2 Dec 11T5-2008-51 Eastwood Crescent -Traffic Operations Revlew.wpd
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' December 1, 20D8 TS-2D08-61
_1`~{ 1~~r1.~'rl~+'a~~S
Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: TS-2008-61
Ray's Auto Sales
Information Report
RECOMhAENDATIdN:
Forthe information of Corr~mitfee.
Thv.~LC Sec,cncE ~cces5 i"VbtM l~rs-~t~veilue L gr:zv~~C~~.~^Gl-~4v,~} ~he ctay~;5h-~"~v~~ +riah~le
BACKGROUfi10: reco~~?eyect +Dthe~'~%~~~'' ~fV~e <tY~u}line~ ~i,r~~lS.
The following report chronicles the history of Ray's Auto 5ales, located at 4874 Bridge
Street:
October 2000:
Rays Auto Sales is located on the southwest corner of Bridge Street and First Avenue.
First Avenue is a city-owned road, however, 8ridge Street is a Regional Road. A site plan
was approved for this property in 2060, which consisted of a new building containing four
garage bays and vehicle parking spaces at the south end of the property for empfoyees
and patrons. As a condition of site plan approval the City requested the dedication of a
4.5mx4.5mdaylighttriangleincompliancewiththeOfficialPlan. Daylighttrianglesensure
unobstructed visibility for motorists at intersections and provide for the placement of
underground and aboveground utilitieslfacilities. The request for triangle dedications as
well as any right-of-way dedications is typical for applications during site plan appro~al.
The need for the additional property may not be recognized immediately, but may be a
necessity in the future when roadway configurations or in#ersection configurations change.
it is only during site plan approval fhat these are dedicated free and clear to the city.
January 2007:
Mr. Vuksan requested the construction of a second driveway to the property via First
Avenue. A review of the property and its operation indicated that a single access was
deemed to be adequate to serve this facility. Multiple driveways are generally considered
for developments that generaie"re(atively high traffic volumes and create the potential for
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December 1, 2008 - 2 - TS-2008-61
vehicle queuing on the road and increased delays for motorists entering/exiting the facility.
Very low traffic volume is generated by this development.
BAay 2007:
A site meeting took place with Mr. Vuksan, political representatives, City and Regional
staff. At that time, Mr. Vuksan identified the reason for the second driveway was to allow
access into the northern garage door. When questioned how this driveway could function
when vehicles are parked in front of the garage door impeding access, Mr. Vuksan
identified his preference to park those vehicles that are "for sale" on the grass boulevards
instead, within City and Regional road allowances. It was acknowledged vehicle sales are
the main business operation, and maximum exposure to display vehicles to drivers on
Bridge Street is critical. Both Regional and City Staff explained that he was unable to park
on City and Regional property for safety and visibility reasons.
October 2007:
A review was undertaken to identify if the northernmost garage bay is accessible from the
existing driveway, again at Mr. Vuksan's request. Turning templates identified that
although quite tight, passenger vehicles are able to access the overhead door. Large
vehicles requiring larger turning manoeuvres may not be able to access the last bay. The
exercise was performed assuming that they would be no vehicles parked next to the bays
which would impede access.
June 2008:
City Staff prepared report PD-2008-53 for the Committee's consideration in Mr. Vuksan's
request to park vehicles on the boulevard. The Committee granted Mr. Vuksan's request
for the City to accommodate a second driveway to the site from First Avenue, and use a
portion of the First Avenue road allowance between the two driveways to display vehicles.
The new driveway would be placed directly south of the daylight triangle. Drivers will now
be able to access the northernmost bay from either driveway.
September 2008:
Mr. Vuksan has further requested to be allowed to display vehicles within the daylight
triangle.
Conclusion.
The daylight triangle was obtained for the specific purpose of providing a higher level of
driving safety for the general public by providing improved sight lines. Allowing the use of
a daylight triangle for any purpose that would interfere with those sight lines would defeat
the purpose for which the lands that made up the daylight triangle. Such a permitted use
of the daylight triangle would also expose the City to potential lawsuits in which it would be
alleged that the City had failed to preserve a proper sight line by permitting the sight line
to be blocked on its own property.
The Region of Niagara being the higher authority over the intersection, would typically
request daylight triangle dedication at the time of site plan at an intersection where a City
road intersects a Regional road. However, upon review, it was noted that the daylight
December 1, 2008 - 3 - TS-2008-61
triangle at this location was dedicated to the City in 2000 and never transferred to the
Region of Niagara. At this time, the City has the opportunity to transfer the daylight triangle
to the Region of Niagara.
Should Council permit Mr. Vuksan to utilize the daylight triangle as requested, to display
vehicles, it is suggested that the daylight triangle then be reconveyed to the owner of the
abutting lands. There would then no longer be a direct connection between the City and
any obstruction of sight lines by the abutting owner displaying automobiles.
Recommended by:
Karl Dren, Director
Approved by:
nsportation Services
~L Ed Dujlovic, Executive Director of Community Services
M.Carrick
S:1General AdminislrationlGA 1.01 Reports\2008 Community Services112 Dec 1\TS-2008-61 Ray's AUto Sales-Information Report wpd
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The City of Niagara Falls, Ontario
Resolution
No.
Moved by
Seconded by
WHEREAS all meetings of Council are to be open to the public; and
WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.
THEREFORE BE IT RESOLVED THAT on December 1, 2008, Niagara Falls Council will go
into a closed meeting to consider a matter that falls under the subject matter of 239(2)(d) of the
Municipal Act, 2001, labour relations and employee negotiations and a matter that falls under the
subject matter of 239(2)(e) potential litigation and 239(2)(c) to receive advice that is subject to
solicitor-client privilege.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR