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Additions 2008/12/01 ADDITIONS TO COUNCIL, MONDAY, DECEMBER 1, 2008 Corporate Services Committee 1. F-2008-48, 2008 Fiancial Update Council Planning Matters 1. Re: PD-2008-110, 6320 Pinegrove Avenue Memo and Recommendation from the Municipal Heritage Committee 2. Re: PD-2008-108, Catharine Crescent Correspondence from Regional Planning Department Correspondence from Niagara peninsula Conservation Authority Communications 1. Request from Downtown BIA for free on street parking during December. RECOMMENDATION: For the approval of Council Council Information 1. Invite to Event at 4555 Queen Street for Nov. 29th December 1, 2008 ~ F-2008-48 ~i~~~~~~~ Niagara~alls cn n,,u,~ Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: F-2008-48 2008 Financial Update RECOMMENDATION: 1. That the 2008 Financial Update be received, and that the Committee recommend additional quarterly and semi-annual financial reporting. BACKGROUND: In the presentation made by Staff on November 17`h, Staff highlighted the challenges facing the Municipality in respect to revenues for the 2009 General Purposes budget. Some of the challenges that will impact 2009 also have an effect on 2008. As a result of the discussion that ensued, improvements are required to the formal process by which Staff updates Council of variances between budget and actual information. During the past year, Staff has reported to Council, on the activity and balances at year end for Reserves, Development Charges and Capital accounts. During 2008, Staff implemented a new Capital Budget process that enhanced divisional spending requests to include Staff prioritization. Likewise, Staff embarked on a review of Building Permit Fees and Planning Fees in the DAAP process. Council continues to receive monthly accounts of expenditures in the Municipal Accounts, quarterly reports of tax receivables and annual reports on the capital leases held by the Corporation, Municipal Performance Measures and the Consolidated Financial Statements. Staff recognizes the aforementioned information is a significant volume of data to review. However, in light of a changing economic situation, Staff believes that additional reporting is required to provide Council with the necessary information to respond to these changes. Staff recommends that commencing 2009, Council receive quarterly updates on the fiscal performanceofthemunicipality. Thesequarterlyreportswillhighlightsignificantvariances from the 2009 budget as the year progresses. Semi-annual reporting on capital projects will be also implemented commencing in 2009. i ~ Working Together to Serve Our Community I Corporate Services Department i Finance . ~ ""'u~ $ ~ . - ~~oQ73".~tl~' ~~e~:~ r . • . xi'"v.. December 1, 2008 - 2- F-2008-48 2008 Financial Update As Council is aware, fiscal performance in 2008 will impact the 2009 budget as Staff is required to utilize any surplus in the 2008 General Fund to offset the next years' taxation levy. For 2008 budget deliberations, the City was fortunate to have a significant surplus from the year ending in 2007 of $2.5 million. This surplus was used to reduce the tax increase for 2008 to 2.48%. Alternatively, in years wherein actual expenditures may be greater than revenues, Staff is faced with a two-fold dilemma. First, since municipalities cannot record operating deficits, Staff must utilize reserves to offset unplanned expenditure increases or to offset revenue deficiencies. Secondly, where the previous year does not have a surplus, there is no opportunity to reduce the following year's tax impact. The final operating results for 2008 are not known at this time and likely will not be known until late January once year end postings are completed. Staff is concerned that an operating shortfall of approximately $750,000 is possible. Staff is providing this report to highlight the factors contributing to this shortfall. Operating Revenues Actual operating revenues will be higher than budget due to a variety of factors. Staff anticipate that increases of approximately $600,000 will be realized once the final supplemental tax bills are sent out in December. In addition an increase in revenues of approximately $600,000 was achieved in Payments in Lieu due to one time adjustments. Similarly, the City received revenues from the sale of lands and donations which were not budgeted because neither revenue stream was known or predictable at the time that the 2008 budget was established. Some revenues that are greaterthan budgeted are directly related to costs incurred by the municipality. Three areas where this result has occurred are in fire code violations, in tax registrations and in the People Mover Project. In all of these areas, revenues are generated which increase annual revenues, however costs offset these revenues directly. Similarly, the BIA levy is billed to each association and the matching payments are made to each BIA based on their levy. This has the impact of inflating both revenues and expenses. As a result, a net benefit is not generated. Staff is predicting that certain revenue streams will be less that planned. Specifically, the compensatory payment from OLGC was over estimated by $400,000. Likewise, revenues from Transit garage sales both in services and in diesel fuel will be less than budgeted. Staff are predicting that Planning revenues will be less due to the fact that review was more lengthy than anticipated. In addition, revenues generated from arena ice rentals will be less due to the need for a Cancellation Of Ice policy. Lastly, a decline in interest rates has negatively impacted the investment income generated in the operating fund and the cemetery trust funds. The net effect is a modest increase in total revenue for 2008. December 1, 2008 - 3- F-2008-48 Operating Expenditures The planned 2008 operating expenditure for the municipality is approximately $92 million. Staff has reviewed actual versus planned expenditures. In some areas, expenses are higher than planned, while in others, costs have not been incurred or have been significantly reduced. Since the end of the 3rd quarter, Staff have been reviewing divisional spending priorities to ensure cost variances are minimized. The major variation from planned expenditures is in the area of labour. At the time of the budget preparation, Staff were negotiating with the Fire Association and with CUPE for Labour contracts. The negotiations with the Fire Association went to provincial arbitration while the contract with CUPE was negotiated in the summer. In preparing for the 2008 budget, Staff estimated the expected increases, however, the amount set aside for settlement was not sufficient. In addition, employee retirements and overtime contributed to higher than expected costs. Staff is predicting that labour costs will be approximately 2.6% higher than budget. Other areas where costs are greater than expected include fuel costs as the City saw diesel costs increase sharply during the year. Materials and services which use petroleum products like asphaltwere higherthan expected. Costs in areas such as health and safety were higher than expected due to the Ministry of Labour increased reviews of practices of all municipalities across the province. This led to increased remedial work and to additional training initiatives. Further an asbestos abatement work was initiated that had not been planned. Lastly, a significant repair was required in the street lights which was not anticipated. Staff has initiated expenditure savings that has partially offset the areas of cost increase. Specifically, increases in staff complementthat had been budgeted were delayed. Savings were achieved in debt issuance costs as debentures were not issued and new cash flow management techniques were utilized that minimized the need to utilize operating lines of credit. Planned amounts for animal control were not expended. Savings were achieved in rehabilitation of city buildings particularly in pools wherein planned work has been postponed. The net effect is an increase in total expenditures for 2008. Summarv This report is intended to update Council of fiscal performance for 2008. The transactions until the year end as well as the work required to finalize the year will impact final results. Staff believe that the modest revenue increase will offset some of the increased operating costs and that the initiatives to reduce spending in the final quarter may be sufficient. Should this result not occur, Staff will review the options available to Council to offset any potential year end deficit. Recommended by: Todd Harriso Director f Financial Services Approved by: ~~~~~s~~ Ken Burden, Executive Director of Corporate Services Community Services Department Planning and Development Inter-Department Memorandum TO: Dean Iorfida DATE: November 27, 2008 Director of Council Services & CiCy Clerk FROM: Peggy Boyle Assistant Planner Ext. 4334 RE: 6320 Pine Grove Avenue Municipal Heritage Committee Recommendation to Council This is to advise that the Municipal Heritage Committee, at its meeting of November 26, 2008, adopted the following motion: "The Municipal Heritage Com~nittee recommeHds that Cau~~cil issue a Notice of Intention to Designnate for the property knowii as 6320 Pine Grove Avenue due to its cultural heritage value and interest to the City of Niagara Falls. " ~k. ~ ~at, p^. . ` ' a"' 7P +.~aa ~ Q i ~w': . - _ ~ ~ _ <c s:~ .-~.,.s``_- - _ u`*r. _~:i - - Yi 5 ; t - { _ . ^ t:w . x t . J ~ ` ~ r - ~~~~~`'~j-,i~ `I 4 ~ ~ ~~'l~~ 1 R~ 1 . °•~i ~+~M1~~2'3 Le ~ ~ "~1r~ ~•..t~. ' + t z~ - Y ~ ' i.__ , r.._.. ~ ~ ~ _ --.~.~P ~ - - , ~x ~ _ s~~. ~ ~ ~ ; ~ ~ ~ L ~ ~ . . a • r.';~ +'i. ~ ' : . . , %a ~ , - . ~ ~ ~ ~ ' . ' ~-a . . - ~ . ' Working Together to Serve Our Community -z- Background It was brought to the attention of the Municipal Heritage Committee that the property at 6320 Pine Grove Avenue was being considered for aredevelopment proposal wYrich would involve the removal ofthe current single detached dwelling and replacing it with a 3-4 storey, 18 unit apartment building. The Municipal Heritage Committee has reviewed the property using the criteria in Regulation 9/06 of the Ontario Heritage Act which is used far determining the Cultural Heritage Value or interest of a property prior to designation. The Ontario Heritage Act considexs a property appropriate for designation if it meets one or more of the following criteria: • has design value or physical value because it is rare or unique; • has historical value or associative value, being a direct association with a theme, event, belief, person, activity, organization, or instituYion that is significant to a community; • has contextual value because it is important in defining, maintaining ar supporting the character of an azea, is physically, functionally, visually or historically linked to its surroundings, or is a landmark. The Municipal Heritage Committee has determined that the property at 6320 Pine Grove Avenue has design and physical value as the house was built 1929-1930 and is considered an excellent and rare example of the Tudor Revival style of architecture, one of a few remaining such structures in the City. The style is recognizable with its half-timber and stucco exterior. Other features of the style seen on this property include the mimerous prominent gables, large medieval chimney and expansive windows often set with small panes in lead sash. The historical or associative value of the property is seen with the original owner Earl A. Thomas, who owned the house from 1930-1966 and during that time was a prominent figure in the City as he was the Secretary Treasurer for T.G. Bright & Company and would go on to become the Vice President and President of T.G. Bright & Company. In 1954, Mr. Thomas was one of the prime figures in the fund raising drive for the current hospital. He was also Chairman of the Niagara Falls Planning Board from 1948-1966. Previous City administration have also named a street in his honour in the Stanley Avenue Industrial Park. The contextual value of the house and property can be seen in its setting on the street where it is a minor landmark. At the time the house was built it was an area that was developing as a residential neighbourhood and the house has a style and street presence that was well known on the corner lot. The Municipal Heritage Committee would like to recommend to Council that they issue a Notice of Intention to Designate 6320 Pine Grove Avenue due to its Cultural Heritage Value and interest to the City of Niagara Falls. PB:gd Attach. S:~IIISTORY~IN V ~Pinegove6320VNemotoClerkNov-08.wpd "al:r.2~ ~r~C~~ '.~Q'?P,9 ~tiiONRI ~IkRillhu Nn.26„ 1 IV iagara f Region 'me Reglonal MunlGpaliry af Nlagara 2211t St. David's Road, P,O: Boz iD42 Thorold, Ontario l2V al7 Telaphone:905-984-3830 PlANNtNG AND QEYELOPMENT Pax: 905-641-5208 E-mail: plan~regionai.niagara.on.ca Ma~Cn zs, 2ooa R E C E I~/ ~ p File: D.10.M.i 1.23 Andrew Bryce Planner 2 MAR 2 6 2Q0$ City of Niagars~ Falls 4310 Queen St., 2"" Floar PLANNING ~ t=~% ~ Niagara Falls, ON & CIEVELOPMENT ' `~f~=,_~(.(_,,__, L.2E 8X5 W~:~_°..~~.~-.~ Dear Mr. Bryce: Re: Zoning By-taw Amendmsnt ApplCcatlon 2108 CaEF~aAne Crescent Fayez Elayan snd Jingy~ Lf AM-2008-004 Cirir of Niaaara Falls This application proposes to rezone a portion of the rear yards fior three residential lots from Environmental Protection Area to Residential Single Family fo permif site alterations that have been undertaken in an effort to resolve problems with the stability of the existing siape. The foilowing Provincial and Regional planning cromments ~re provided for your considerafion. The site is located in the Region's Urbaa Area Boundary for Niagara Falls according to tha Regianel Poliay Plan. The Regiods Cwe Natural Heritage Map designates the adjacent Ciky owned lands as an Environmental Conservation Area to protect the wooded ravine. Oevelopment on the adjacenf residential lands (within 50 metres) is not nomially permitted unless an Environmantal Impact Study (EIS} is prepared to demonstrate that there will not be any long term impacts. In fhis instance, the rear of these residential properties is considered ta be "hazard Iands° due to the extent af the slope and any development or site alteration is subjecd to the Generic Regulations (Ont. Reg. 155106) af the Niagara PEninsula Gonsecvation Aothority (NPCA). As such, Regional Planning staff will not require an EIS pr~vided that NPCA stafl is satisfied wifh the engineering report submitted on the slope condition and yrading plans which must also include considerafion of drainage and erosion controls to protect the subject lands and adjacent properties, including the City's woodloE, from dam~ge and to prevent any risks ta pubiic safety. The p~acement ot any accesspry buildings or structures should al5o remain reStricted to preclude any future environmentel impacts. fn this regard it woutd seem appropriate to maintein the EpA zaning but to allow satisfactory site aiterations necessary for siope stability. More defaiied comments ftom the NPGA should be considered in this regard. Yours truty, ~/y`Z.~..., Peter Colosimq MCIP, RPP ~ Senior Planner C: A. Herlovhch, C,ry of Nlagare fails P. 6ond, NPCA ' Councilfar W. Smeaton - M:Vv1SWORDV'CWiagare FaIfsWFZbIalCathanneCros.doc Butlding Communiry. Building Lrves. 03/27/2008 '.PHt, 14:18 FAX ~O5 788 ].72L Nix. Cons. AuLt~. ->+y Niagar•ra Fxl.l.s - 1'LlPWlEN I~1UD1/DUI. NIAGARA PEN(NSUiA ~ CONSERVATION xSoThOmid Rdad West,3rd F{uor lei(ryo5)~88~3~35 ~ ~ - Wel~and.OntaAO L3C;'NZ Pe%I9o51788-san ~ ~ - E-inail:npca@consorvaticn-nlagam.on.ca ~ ~V~4~'~L~L ~ § ~.,~L,y~,~y~l.~..~~__~i~_- March 27, 200$ ~ ~ File MPR 920 `1,?'- P~TE ~~.,,~s _ tv1r. Andre~v Bryce, Planner 2 City of Niagara Falls CityHall ~ REVE.~~~d ~~.~q.~ 4370 Queen 5treet ~ ~ ~ a ~ ; r~~agara ~aps, or~ ~zE sx~ N;fi~; 2 7 ~~ug ~ ~c,~:~ ~-~C', ~ PLANNING ` Dear Mr. Bryce: & DEV EIOPMENT I'~;`, ,-;?L>=,'; - C z~~ t Subject: Appiication for Zoning Byiaw Amendment . 2108 Catharine Crescent Your Fite AM-28-004 . % ' i - ~ ~L~ - ~ . 7his application proposes to rezone a partion of the rear yards for three existing residentiaf lots from Environmental Protection Area (EPA-552) to Single Family Residential (R1A-551). It is our understanding that the proposed ZBA is intended to recognize grade alterations which have been undertaken by the home owner to alleviate slope stability issues associated with the adjacent valley area. The adjacent valley area is subject to the NPCA's O. Reg. 155/06 and implementing Land Use Planning Policy Document. It is noted that the existing EPA zoning on tFie area adjacent the va!!ey is consistent with the NPCA s Land Use Planning Policy. .In this respect, we would recommend that the EPA zoning remain. We would recommend €hat the City consider a°site specific"~ modification to the existing EPA-552 zone to allow far erosion protection anci slope stability works subject to eertain restCictions (completion of a geotechnicaVslope stability analysis). T~ usting this to be satisfactory, please send notice of your Councils decision in this matter. Yours t~ Paul Sond C~f~ Senior Watershed Planner Niagara Peninsula Gonservation Authority PEB cc Peter Coiosima, Regional Niagara Planning Dept. File MPR 6.9.37 ~ Tel.: 905•356•5444 ~~7~ ~~7~ 4481 Queen Street Fax: 905•356•5667 Qvv 11 VV 11 Niagarl Falls, Ontario bia@niagarafallsdowntown.com N1~F~s L2E 2L4 www.niagarafallsdowntown.com Board of Management November 27, 2008 ATTENTION: Dean lorfida, City Clerk Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Through the development of the Downtown we have now been experiencing the bustle of the holiday season. As in the past, the City of Niagara Falls has granted free parking throughout the downtown core. At this time, the Downtown Board of Management requests free parking during the month of December 2008. Yours truly, DONWTOWN BOARD OF MANAGEMENT Ulrike Gross, Chairman UG:je cc: Bob Bolibruck File Downtown Niagara Fails: Where Friends Make the Difference City of Niagara Falls Transportation Services Inter-Department Memorandum TO: His Worship Mayor Ted Salci DATE: December 1, 2008 and Members of the Municipal Council City of Niagara Fails, Ontario FROM: Karl Dren Director of Transportation Services RE: Downtown BIA - Request for 2-hour free parking - Only at On-Street Parking Meters end On-Street Pay and Display Machines, during Month of December. RECOMMENDATIONS: That two-hour free parking at on-street oarking meters and on-street pay and displav machines, in the Downtown Core, during the month of December, be approved. BACKGROUND: The Downtown Board of Management has once again submitted a request to have free parking implemented at on-street parking meters and on-street pay & display machines, during the month of December. During this free parking time, those patrons who overstay the 2-hour grace period, at the on-street meters and on-street pay and display machines, will be subject to a fine. Patrons needing to park longer than two hours may use one of the Downtown Municipal Pay Parking Lots and pay the associated parking fees. ~ Karl Dren, Director of Transportation Services S wneeler S:\Gere~al Atlminisirffiion1GA i.ot Reports~2008 CouncilV 2 Oec 1\Memo - Downtown BIA - Request for 2 hour free parking.wpd Communiry Services Department Transpodation Services Working Togelher !o Serve Our Community \ ~i _ ~~lr-~l~_~ f.=: c~ ~~~r~~_~c~r-~~L ~C~~~„~~c_.{° 1 'F , ~~LC~f_ ~1.1~iQ ~:5 I u~ ~ +..-a;~!'14~i4(:'~'I!`ili I.\.I I~I,~I.;`ii_'I._ ~ `.,i~ev.,n - I ~ _,`~..~y. ~ 1.~2L.!li\11'_I.~V:I lJ I h-LI~A91tVl~`~(iF,~g;1,V1: } ~ . + ry*~-.~,~'9.~, • ~ g ~ t ' d , ` ~ . _ . ~~,~~r,.u i`,~ rvo~~z~ri~r~nn1`ia~~1°'~~ ~ar~ ¢~rizii~~rr-it~e.~sss c~u~~N ~ 3 tt C)bv~ c, „ a~-~- ,~,w:~ LL>C]LtV.I?:tL,t,V fE~fj 1l~11~1'S.C RtAi'lVC OHILIVh~~' Pi11\JI\'US I\L~ ~14 L 41U5fC,~1L 1'EHf"CIIiM1f,~1VLE gl ~~'E~ ~.~'~3.7 R LIONIFOL;K I~O~ K,~; TI[lt~~~~R~.l3f'II~]_L?U~TR1~14~.~~;,z~'~F~,~1TIt~VAL,2. 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