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2009/03/09COUNCIL MEETING Monday, March 9, 2009 Order of Business and Agenda Package N aga°a 1s PRAYER: Councillor Mayes ADOPTION OF MINUTES: Council Minutes of February 23r 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Regional Community Services Brian Hutchings, Commissioner of Community Services at the Niagara Region will make a presentation on Community Services Programs. Niagara Land Trust Wayne Redekop will make a presentation on Niagara Land Trust, a non profit charitable organization, newly established to help preserve the natural Heritage of Niagara. Communities in Bloom Patricia Mascarin, Chair and Paisley Janvary-Pool members of the Park in the City committee will be informing Council of the Communities in Bloom initiative and how the community can participate. -AND- COUNCIL MEETING March 9, 2009 DEPUTATIONS 1. Chief Administrative Officer R- 2009 -13 Communities in Bloom Task Force -2 PLANNING MATTERS Public Meeting AM- 2009 -001, Zoning By -law Amendment Application 5056 Montrose Road Applicant: Angelo Marino Extension of a Temporary Use By -law Permitting a Retail Convenience) Store Background Material: Recommendation Report: PD- 2009 -019 MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer CD- 2009 -04 Decision- January 26, 2009 Re: PD- 2009 -05 AM- 2008 -024, Zoning By -law Amendment Application, Proposed 30 Storey, 364 Room Hotel, Canadian Niagara Hotels Inc. 2. Chief Administrative Officer PD- 2009 -20 26CD -11- 2009 -01, Draft Plan of Condominium (Standard), 6928 Ailanthus Avenue (East Side), South of Sunnylea Crescent, Owner: Omada Homes Inc. (Warwick Johnston) 3. Chief Administrative Officer PD- 2009 -21 Appeal of Committee of Adjustment Decision Consent Application B- 2009 -003, Applicant: Eva Szijarto Agent: Brian Sinclair), 6341 Schisler Road 4. Chief Administrative Officer PD- 2009 -22 CB FIG 2009 -001, Commercial Building Facade Improvement Application, Applicant: 2088937 Ontario Inc. (J. Fiedorek), 4235 -4243 Park Street MAYOR'S REPORTS, ANNOUNCEMENTS 3 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lupus Foundation of Ontario Request that the City participate in a flag raising ceremony during the month of April and May 10 be recognized as "World Lupus Day RECOMMENDATION: For the Approval of Council 2. Lundy's Lane BIA Budget for 2009 was passed by the BIA, levy to be collected by the City is $276,000. RECOMMENDATION: For the consideration of Council. 3. V. Vasic Complaint about Britannia Crescent construction and related staff responses. RECOMMENDATION: For the information of Council. 4. S.O.A.R. Chapter 18 U.S.W. Correspondence regarding the future of the Jolley Cut and related staff response. RECOMMENDATION: For the information of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 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- 2009 -10 Tax Receivables Monthly Report MW- 2009 -07 Easement Agreement with Niagara Peninsula Energy Inc. (NPEI) Former Railway Lands between Ferry St. And Robinson St.) MW- 2009 -09 Stanley Avenue North Storm Sewer Cost Sharing Payment R- 2009 -11 Award of Concession Operations and Services at the Gale Centre TS- 2009 -19 Transportation Study and Master Plan Consultant Selection RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council approves an application to the Rural Economic Development (RED) Program for the Downtown Streestscape and Beautification Project. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -37 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2009 -38 A by -law to establish Block 287 Plan 59M -354 as a public highway, to be known as and to form part of Kelsey Crescent. 2009 -39 A by -law to establish Block 288 Plan 59M -354 as a public highway, to be known as and to form part of Parkside Road. 2009 -40 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9 day of March, 2009. NEW BUSINESS r(2/24/2009) Dean lorfida Delegation to Niagara Falls Council March 9th From: "Hutchings, Brian" brian .hutchings @niagararegion.ca> To: "Greenwood, Barbara" <barbara .greenwood @niagararegion.ca "Puttick, Nor... Date: 2/24/2009 12:59 PM Subject: Delegation to Niagara Falls Council March 9th CC: "Neufeld, Darrell" <darrell.neufeld©niagararegion.ca>, "Roberts, Neal" As a part of communicating some of the services the Niagara Region provides, I am planning to provide a delegation to City of Niagara Falls Council on March 9, 2009 at 7:00 p.m. I did these delegations 3 years ago to all the Municipal Councils and they received positive feedback. I was hoping to do them again now that the local councils have changed over and they are past the initial period of their term. The presentation will focus on Community Services programs, budget, services delivered locally and future plans for the department. If you are interested and free on March 9, I would greatly appreciate your support at the Council meeting. Brian Hutchings Commissioner, Community Services 905 984 -6900 Page -1 02/20/2009 15:48 1- 905 894 -5356 JONES JAMIESON REDEO THOMAS O. JONES, Q.C. (1916 -1994) THOMAS N. JAMIESON, B.A., LL.B. WAYNE H. REDEKOP, 9.A„ LL.B. By Fax: 1- 905 356 -9083 Number of pages: 1 File No. 26,580 CITY OF NIAGARA FALLS Attention: Dean Iorfida, City Clerk Dear Madam: Re: JONES, JAMIESON REDEKOP Barristers, Solicitors, Notaries Niagara Land Trust Delegation March 2, 2069 February 20, 2009 288 RIDGE ROAD P.O. BOX 340 RIDGEWAY, ONTARIO LOS 1NO TELEPHONES: (905) 8944220 FAX NO.: (905) A94 -5356 Further to the telephone message left by Karen of my office, please register Niagara Land Trust as a delegation for the council meeting scheduled for Monday, March 9, 2009 at 7:00 p.m. Niagara Land Trust is a non profit charitable organization newly established to help preserve the natural heritage of Niagara. All members are volunteers. VVIIRIkdh We will be making a Power Point presentation. Yours very truly JONES, JAMIESON REDEKOP PAGE 01/01 Welland Tribune Page 1 of 2 THE TRIBUNE MAKING A DIFFERENCE-DAILY Niagara Land Trust promotes itself, as well as conservation Posted 5 days ago PELHAM Niagara Land Trust, which promotes conservation of Niagara's natural heritage, is now promoting itself to local politicians. Niagara Land Trust incorporated in late 2008 as a non profit, non governmental body dedicated to holding natural lands in trust for the public benefit, Wayne Redekop told Pelham town council Tuesday night during the first stop of the land trust's cross Niagara tour. It seemed appropriate Pelham be the first stop. The land trust secured its first two properties in the town. Redekop, former mayor of Fort Erie, will speak to Port Colborne city council on Monday and to Welland city council Tuesday. Over the next month, trust volunteers will drop in on councils across the region. The trust hopes to preserve the special natural features of the Niagara Peninsula for future generations, Redekop told Pelham council. It would do it in one of four ways: by direct ownership and management of land; by holding conservation agreements through easements; by development of stewardship initiatives with private land owners; by fostering co- operative relationships with landowners and the general public. Redekop said Niagara Land Trust will work with municipalities, federal and provincial governments and conservation authorities. But it will also provide land owners with an option outside of government. "In order to achieve our goals, we look forward to working with private and public land owners, municipalities, community groups, agencies and interested volunteers," Redekop said. He called preservation a quality of life issue. Back "Progressive land use will attract residents, businesses and tourists to our area" he said. "We can protect the area and provide growth." Paul Robertson, chair of "Niagara Land Trust, echoed Redekop's comments in an interview yesterday. "It comes down to quality of life," he said. "We can revive Niagara by making it an environmentally conscientious area" The two Pelham properties the trust has acquired are 20 hectares of agricultural and forested land along Twelve Mile Creek in the St. Johns Valley and 3.2 hectares of farmland outside Ridgeville near E.L. Crossley Secondary http: wellandtribune .ca /PrintArticle.aspx ?e= 1442999 2/25/2009 Welland Tribune Page 2 of 2 School. Both Pelham parcels sit in the provincial greenbelt. In both cases, their owners want the land preserved as it is, he said. Robertson said the Ridgeville farm has potential for educational uses The young people of today are the politicians and voters of the future," he said about the long -term efforts of the trust to develop sustainable land use policies and practices. Working with the trust is a way to preserve agricultural land while keeping it active, Robertson said. It can also provide tax benefits. Natural features can include farmland, forests, creeks and marshes and property on escarpment lands. Robertson pointed to the east Fonthill area slated for residential development. Near the intersection of Rice and Merritt Rds. is about eight hectares of rare Carolinian forest that should be preserved, he said. "It would make a wonderful link to the Steve Bauer Trails" and enhance the lifestyle of future residents. As a volunteer organization, Niagara Land Trust is primarily interested in the Niagara region and connected watersheds. For more information see its website www.niagaralandtrust.com. Copyright 2009 Welland Tribune http:// wellandtribune .ca/PrintArticle.aspx ?e= 1442999 2/25/2009 '18/2009) Dean lorfida committee deputation From: To: Date: Subject: CC: hi Dean Kathy Moldenhauer Dean Iorfida 2/10/2009 3:48 PM committee deputation Denyse Morrissey The Park in the City committee requests a deputation on Monday, February 23rd at City Council. Frank Fohr will be the spokesperson for the committee. Frank will be updating Council on plastic water bottles. Representatives from the MYAC will also attending the meeting to support the water bottle report. The Park in the City committee requires a second deputation on Monday, March 9th at City Council. Patricia Mascarin, chair of the Communities in Bloom sub committee and Paisley Janvary-Pool will be speaking on behalf of the committee. They will be informing Council about the Communities in Bloom program and how the community can participate. The Communities in. Bloom Task Force report is scheduled to go to Council on March 9th. Kathy Moldenhauer Manager of Policy and Community Development Parks, Recreation Culture Division of Community Services Department 7150 Montrose Road, Unit #1 Niagara Falls, ON, 12H 3N3 (905) 356 -7521 ext 3348 (905) 356 -7404 fax www.niagarafalls.ca kmolden hauer @niaga rafa I Is.ca age 1 March 9, 2009 R- 2009 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraflalls CANADA Re: R- 2009 -13 Communities in Bloom Task Force Volunteers RECOMMENDATION: That the list of Communities in Bloom Task Force Volunteers be approved. BACKGROUND: Communities in Bloom is a volunteer- based, non profit organization that is committed to fostering civic pride, environmental responsibility, beautification and sustain ability through community participation and the challenge of provincial, national and international competition. Each year, municipalities of similar population are evaluated by Communities in Bloom judges on the efforts of the whole community including citizens, businesses, service organizations, institutions and the municipality. The purpose of the Communities in Bloom competition is to unite the community in fun activities that contribute to sustainable beautification and environmental improvement and health for the City of Niagara Falls. This summer, judges from across Ontario will be visiting communities who have entered the Communities in Bloom provincial competition to determine which communities demonstrate civic pride, environmental responsibility and beautification through community participation. The Communities in Bloom Task Force has been developed to establish contact with local sponsors who will ensure this program succeeds. The goal of the Task Force is to develop and implement a proactive campaign which will energize individuals and organizations to build pride in our City. The Task Force membership will be for approximately eight months, March to October 2009. The City of Niagara Falls Communities in Bloom program is relying heavily on community support and sponsorship. The,C B Task Force, and sponsorship from local organizations, will help to build civic pride ?envlr'onmental awareness and strengthen our community. r T.a.�s 'Ug —TM n .z r -4 50;Montrose Road Umt, Niagara FaUs.ON Canada 12H 3N3 -4 ;(1g, 356-711 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture March 9, 2009 2 R- 2009 -13 The recommended list of volunteers, as identified by their organization /business or field, who have offered to serve on the task force for the duration of the sponsorship campaign are: Pat Mascarin Susan Noakes Tina Antonio Joyce Morocco Carolyn Bones Ruth Ann Nieuwesteeg Russel Boles Sean Polden Don Weaver Jo Low Dave Martineau Fran Berry Bruce Hobin Michele Taylor Janice Wing Chairperson (Communities In Bloom) Lundy's Lane Museum Cataract Savings Credit Union Niagara Falls Tourism Chamber of Commerce Main Ferry BIA Niagara Falls Horticultural Society Celebrate Old Downtown Downtown Board of Management Project Share Niagara Falls Review Lundy's Lane BIA Communities in Bloom Committee Representative Judge Niagara Falls International Marathon Niagara Falls City Councillor All task force meetings will be attended by a staff representative(s) of Parks, Recreation Culture and other applicable City divisions as needed. Recommended by: Approved by: orrissey Director Ed Dujlovic, xecutive Director of Community Services S:1CouncillCouncil 2 0091R- 2009 -13- Communities in Bloom Task Force Representatives.wpd f Parks, Recreation Culture March 9, 2009 PD- 2009 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagarafalls Re: PD- 2009 -19 AM- 2009 -001, Zoning By -law Amendment Application 5056 Montrose Road Applicant: Angelo Marino Extension of a Temporary Use By -law Permitting a Retail (Convenience) Store RECOMMENDATION: That Council approve the Zoning By -law Amendment application to permit the existing retail (convenience) store to continue for an additional 3 years on a temporary basis. BACKGROUND: Angelo Marino has requested an amendment to Zoning By -law No. 79 -200 for a 1,393 square metre (15,000 square foot) parcel of land known as 5056 Montrose Road, as shown on Schedule 1. The purpose of the amendment is to allow the existing retail store, which was allowed as a temporary use, to continue for an additional 3 years. Refer to Schedule 2 for details of the site. The land is currently zoned Light Industrial (LI -771) with site specific provisions which allow two dwelling units on the second floor of the existing building in addition to the standard LI uses. In 2006, Council passed temporary use By -law No. 2006 -16, which permitted a 140 square metre (1,507 square foot) retail (convenience) store in the existing building for a period of 3 years. The by -law expired in January, 2009. The applicant is requesting Council to pass another temporary use by -law to allow the retail store to continue for an additional 3 years. Surrounding Land Uses There are a number of large industrial operations, including Niagara Block, the Regional Recycling Facility and LaFarge Canada, to the north, east and southeast. Some remnant residential uses mixed in with small scale industrial operations lie to the south. A partially developed neighbourhood commercial plaza lies on the west side of Montrose Road. A 0 ueen Streeet :Boa i)23 Niag raiFa IssON Canada4L2E 6X5 905356 7521' wwwniagarafalls ca fsta !tara-±44Lia."',li,a`a{T:,::e ff.... ^;.:n.:3 a tef�NT3..��:.Fk y 't°+w Working Together to Serve Our Community ommunity Services Department Planning Development March 9, 2009 2 PD- 2009 -19 1,582 square metre (17,036 square foot) Shopper's Drug Mart store has been constructed in this plaza. Vacant lands immediately south of the Shopper's Drug Mart are zoned for an additional 1,300 square metres (14,000 square feet) of neighbourhood commercial space. Circulation Comments Regional Municipality of Niagara No objections. The extensions of the temporary use by -law does not appear to affect any Regional or Provincial interests. Building and By -law Services, Legal Services, Municipal Works, Transportation Services and Fire Services No objections. Planning Analysis 1. Extension of the Temporary Use By -law does not offend the intent of the Official Plan. Temporary uses that do not comply with the land use designation may be authorized by Council where they are intended to be of limited duration, can be easily removed, are compatible with surrounding land uses and do not adversely impact on such matters as potential future uses, traffic, parking, servicing and noise. The Industrial designation of the land permits only retail stores that are dedicated to servicing the industrial area with convenience goods. The existing convenience store serves the local residential area as well as the industrial area. The previous temporary use by -law for the subject retail store was supported pending the development of the planned commercial plaza on the west side of Montrose Road. When the plaza is completed the use could cease or relocate into the plaza, and the lower level of the building could be converted back to a small scale industrial use. The first phase of the neighbourhood commercial plaza has now been completed. It provides a drug store (Shopper's Drug Mart) with some goods serving the surrounding neighbourhood. As the neighbourhood plaza on the west side of Montrose Road is not completed an extension of the temporary by -law permitting the subject retail store can be considered. This small retail unit has not prevented the development of the Shopper's Drug Mart, and staff have no evidence that it would adversely impact the future completion of the neighbourhood plaza. There are no compatibility issues with the surrounding industrial and residential uses. As the duration of the use is limited, future uses are not prevented and there are no compatibility issues, the proposal complies with the Temporary Use Policies. Temporary uses are not intended to remain indefinitely. Future applications, beyond the current proposal, may necessitate an Official Plan and Zoning By -law amendment to permit the retail store on a permanent basis provided there is sufficient justification to demonstrate the use will not adversely impact planned commercial areas. March 9, 2009 2. The request to permit the retail store for a further three years is appropriate. The retail store will continue within the existing structure as a temporary use. To ensure the retail store does not compete with planned commercial facilities the amending by -law will restrict the store to its current size. Closure of the convenience store would result in a space which could readily be converted into a small scale light industrial use that would be compatible with the upper floor residential uses, such as a car rental establishment or a consulting engineering office which are currently permitted. CONCLUSION: The requested Zoning By -law amendment to extend a temporary use by -law for a retail store does not offend the Official Plan's Temporary Use Policies. No physical changes are proposed. The temporary use by -law can be extended for a maximum 3 year period. Recommended by: Approved by: A.Bryce:mb Attach. S:1PDR120091PD- 2009 -19, AM- 2009 -001, Marino, 5056 Montrose Rd pd 3 PD- 2009 -19 Alex Herlovitch, irector of Planning Development Ed Dujlovic, Executive Director of Community Services Subject Land r Location: 5056 Montrose Road Applicant: Ang Marino Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 AM 2009 001 February 2009 Schedule 2 1 1 -0" EXISTING 2 STOREY BLDG (A) 5056 MONTROSE RD SITE PLAN SCALE 1" 30' -0" MONTROSE RD PROPOSED CEDAR SHRUBS March 9, 2009 CD- 2009 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2009 -04 Decision January 26, 2009 Re: PD- 2009 -05, AM- 2008 -024, Zoning By -law Amendment Application Proposed 30 Storey, 364 Room Hotel, Canadian Niagara Hotels Inc. RECOMMENDATION: That Council clarify their decision of January 26, 2009 regarding the Zoning By -law Amendment Application for the proposed 30- storey, 364 room hotel proposed by Canadian Niagara Hotels Inc. BACKGROUND: On January 26, 2009, Niagara Falls City Council considered a Zoning By -law amendment application from Canadian Niagara Hotels. The staff report recommended the following: That Council approve the Zoning By -law amendment application to permit a 30- storey hotel, without meeting rooms and dining facilities, on the lands, subject to provision a gap between the hotel and parking garage /water park and a roof feature, and execution of a Section 37 agreement. Representing Canadian Niagara Hotels was Michael Kirkland, architect. Mr. Kirkland provided an outline of the project. Upon conclusion of the public meeting, Councillor Fisher moved approval, seconded by Councillor Thomson. It should be noted when Council moves approval of a report, it is presumed that Council is moving the recommendation in the staff report. If it is Council's intention to approve the project as submitted by the applicant, when it differs from staffs recommendation, Council's motion should be explicit in amending the recommendation or making a different motion. Y 1023 Phagara FallsdON CanadkiL2E6X5 905 356 7521 �wwwmagarafalls Corporate Services Department Clerks Working Together to Serve Our Community March 9, 2009 2 CD- 2009 -04 The difference between staffs recommendation and the application as presented by the architect comes down to the provision a gap between the hotel and parking garage /water park, to reduce the wall of development and an addition of a distinct roof terminus (see section 5 of PD- 2009 -05 for staff's position). The architect has indicated that a larger gap cannot be provided because to do so would require the movement of the building, which he says is not possible (see e-mail from Mr. Kirkland). The applicant believes that Council approved their project as submitted, and that may well be the case; however, Council has to be specific and explicit in their motion, if it was their intent to deviate from staffs recommendation. It should also be pointed out that the January 26 Council minutes, which were approved, were written under the premise that Council approved the staff recommendation report. No Council member raised any issue of a possible discrepancy between the minutes at Council's intent in their approval, at that time. CONCLUSION: In light of the possible confusion in Council's intent in approving the zoning by -law amendment application by Canadian Niagara Hotels, staff respectfully requests that Council clarify its approval from January 26, 2009. Council has the following options: 1. Accept the minutes as already approved at the February 9` Council meeting, which supports staff's recommendation and requires the developer to provide a more significant gap between buildings and a distinct roof feature; or 2. Make a motion clarifying Council's position to approve the zoning by -law amendment as submitted by the applicant. Recommended by: Approved by: K. E. Burden, Executive Director of Corporate Services January 26, 2009 Council Minutes R- 2009 -02 Chief Administrative Officer Gale Centre: Arena Construction Update It is recommended that: 1. The quarterly report on the Gale Centre arena project be received for information purposes. TS- 2009 -07- Chief Administrative Officer Response to "Toys for Tickets "Campaign. It is recommended for information purposes. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the reports be approved as recommended. Councillor loannoni returned to Chambers. PLANNING MATTERS PD-2009-05 AM- 2008 -024, Zoning By -law Amendment Application, 5685 Falls Avenue, 4608 and 4800 Bender Street and Vacant Lands Located on the Northwest Corner of Falls Avenue and Bender Street Applicant: Canadian Niagara Hotels Inc. Michael DiCienzo, Vice President, Design and Development), Agent: Michael Kirkland, The Kirkland Partnership Proposed 30 Storey, 364 Room Hotel The Director of Planning and Development reviewed the recommendations and provided the following information. Background Carried Unanimously The applicant is requesting a Zoning By -law amendment for the subject lands to construct a 30 storey, 111 m (364 ft) tall hotel with 364 rooms. The subject lands are comprised of 7 parcels which are currently zoned Tourist Commercial, Commercial 1 (C1), Industrial 1 (11) under zoning bylaws 79 -200 and 5335 (1955). The application requests the site of the proposed hotel to be zoned TC under By -law No. 79 -200, with site specific provisions permitting the proposed height, lot coverage and setbacks and to eliminate the requirement for the hotel to include meeting rooms and dining facilities. The application also requests required parking to be permitted off -site. Planning Analysis Official Plan The proposal conforms with the 30 storey height limit In the Official Plan Schedule 4 of the Tourist Commercial policies of the Official Plan identifies the lands to be within the area where Council may consider high rise buildings up to 30 storeys. The proposed building is designed as a 30 storey hotel plus rooftop mechanical area and observation terrace. The proposal meets only some of the Official Plan policies for massing of new development. The OP requires that tall buildings reduce their massing and visual impact as they become faller and to provide appropriate gaps between buildings. The OP specifies 5 design criteria summarized as follows: Add distinct and interesting features to skyline; Enhance pedestrian environment at street level; Provide appropriate setback for high rise buildings; January 26, 2009 Council Minutes Ensure mass is reduced and gaps maintained; Minimize impacts on residential areas. Council adopted the Tourism Policy Review Implementation Handbook as guidelines to provide further direction on how these policies may be achieved The proposal satisfies most of the above noted policies as follows: The project provides a podium at street level which will engage the pedestrian along the sidewalk. The high rise hotel is set back from the street line above the podium level. The development is well removed from any residential area and therefore does not impact on local residents. The applicant provided a satisfactory microclimate study which generally notes no wind impacts, except for the rare occasions when there is an uncommon north or south wind. Therefore providing a positive building base, appropriate public realm at grade and a positive microclimate for the pedestrian. The proposed hotel has a very prominent location at the north end of the tourist core and a highly visible position from the Rainbow Bridge and thus holds an important place in the City skyline. The top of the building terminates in a large mechanical penthouse facing the City with an observation terrace covered by a flat canopy on the River side. The overall effect is a an element which is not distinct nor interesting within the skyline of the City. Further work should be conducted by the architect to render a more satisfactory roof top which includes a roof feature. The proposed building does not ensure that the mass of the building is reduced nor provide the appropriate gap between buildings. The Implementation Handbook sets out a facade length to width ratio not to exceed 1 to 1.5 The length to width ratio is 1 to 2.1 and therefore exceeds the suggested massing. The guidelines promote a separation between high rise buildings of 25m (82 ft) to ensure light, transparency and a skyview between buildings. The gaps also ensure that a solid wall of buildings does not occur and provides for visibility from and to second tier development. The proposed hotel provides only a 1.2m (4 ft) separation from the adjacent parking garage /water park. The parking garage /water park is 52 m (172 ft) in height which is approximately half the height of the proposed hotel. Given the lower height of this building, a reduction in the required gap could be considered as long as the overall intent of providing a sky view between the buildings is met. Staff note that if the building was to be reduced by 2 rooms per floor, the length to width ratio could be satisfied and by further moving the building to the north, a gap of about 12m (40 ft) sufficient to provide a minimal amount of sky view between the buildings, could be achieved. The proposed hotel concept received support from the Architectural Peer Review Panel. The OP requires any building greater than 10 storeys be reviewed by an Architectural Peer Review Panel (APR). The final report for this project acknowledges a number of departures from the Council adopted guidelines in the building design. The Panel found that the proposed hotel is large for the site and partially obscures the adjacent Planet Hollywood. It is not possible with the plan, as proposed, to meet the principle of separation between the adjacent towers as delineated in the Implementation Guidelines. The Panel suggested that January 26, 2009 Council Minutes some minor relaxation of the guidelines was justified. The Panel is of the belief that the proposed hotel tower and the dome of Planet Hollywood are complementary and the dome ameliorates the lesser separation of these two buildings. Architectural Peer Review Panel The Panel also believes that the garage /water park building does not require views to the outside and formed the opinion that the hotel will be an isolated building not negatively affected by sunlight or views. The Panel also provided a relaxed interpretation of the guidelines with respect to the length to width ratio. While the Panel noted the ratio of 1 to 2.1 exceeds the guideline, they opined that the hotel is not excessively large. Council's approval of the project should be conditional on streetscaping improvements All developments in the tourist area over 4 storeys are subject to a Section 37 Agreement to secure streetscape improvements along adjacent streets. This agreement is to be executed prior to the passage of the amending by- law. The applicant has provided a preliminary streetscaping plan for the portion of Falls Avenue abutting the site, including the addition of approximately 16 trees and an outdoor cafe. For other high -rise developments, streetscaping contributions are based on the frontage of the site multiplied by general cost of streetscaping per linear metre of frontage ($1,043 =2008 Dollars). The site has approximately 91 m of frontage, therefore a letter of credit in the amount of $94,900 would be required to be submitted at the time of execution of the s. 37 agreement. Zoning The applicant has requested the site of the proposed hotel be placed under a site specific TC zone to permit a 30 storey, 111 m (364 ft) tall hotel. The proposed hotel is sited on 7 different properties that are all owned by the applicant under different companies. The properties will need to be recognized as one parcel under the proposed by -law to permit the hotel and the parking arrangement. Current zoning under Zoning By -laws 5335 and 79 -200 permits a range of building heights between 10.7 m (35 ft) and 15.2 m (50 ft) on the hotel site. The amending by -law should implement the recommended siting and improvements to the roof design. An enhanced roof feature may involve a slightly taller design. Should Council accept staff's recommendations, the revised design should be reviewed and approved by Council prior to passage of the by -law. To permit the hotel the following site specific regulations are required. The applicant has requested that parking far the hotel be provided in the adjacent parking garage which is located on lands owned by the applicant. This garage will function as one site because cars and guests can directly access the garage. Sufficient parking is available in this garage for all uses. The proposal seeks to exempt the development from providing a restaurant and meeting rooms in the hotel. A breakfast area for hotel patrons would be provided in the facility. There are extensive restaurant and meeting room facilities in adjacent hotels owned by the applicant, therefore this exemption is acceptable. It is proposed that the rear yard of the hotel's podium be reduced from 3m (9.8 ft) to 0 m and lot coverage be increased from 70% to 100 As the design guidelines encourage podiums to be built out to lot lines and a frontage fully developed with buildings to create streetscapes that engage pedestrians, these changes are appropriate. January 26, 2009 Council Minutes It is recommended that the proposed zoning by -law incorporate earlier approvals granted by Council and the C of A that affect the subject lands. The applicant will be required to enter into a site plan agreement which will ensure details such as servicing, grading, drainage and safe access and traffic movements, pedestrian circulation and landscape details are reviewed. Conclusion Through this planning analysis it was found that the proposal: Complies with the height policies and some design criteria of the Official Plan. Reducing the hotel tower mass and siting the hotel northward will provide a gap which will reduce the 'wall of development' impact the hotel will have in this area. The addition of a distinct roof terminus including a roof feature will enhance the appearance of the hotel and will assist in providing a better landmark at the end of Rainbow Bridge. A supportive Architecture Peer Review was received. The proposed hotel will be part of a larger tourist serving complex where adequate parking, meeting room and restaurant facilities are provided on adjacent lands owned by the applicant. Therefore, requested changes to the zoning regulations can be accommodated. Provided the hotel is sited to provide a gap between the hotel and the parking garagelwater park and an acceptable roof feature is provided, as outlined in this report, the application can be supported. Recommendation That Council approve the Zoning By -law amendment application to permit a 30 storey hotel, without meeting rooms and dining facilities, on the lands, subject to provision of a gap between the hotel and parking garage/water park and a roof feature, and execution of a Section 37 agreement. Michael Kirkland, agent for the applicant provided Council with a brief outline of the proposed 30 storey hotel. Mr. Kirkland described how parking movement would be minimized and illustrated how the hotel would fit into the area. The Public Meeting was now dosed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously Background PD- 2009 -03 AM- 2008 -034 Zoning By -law Amendment Application, City of Niagara Falls, Regulating Nightclubs and bars in the Historic Drummondville Area. The Director of Planning and Development reviewed the recommendations and provided the following information. On December 15, 2008, Council directed staff to process a Zoning By -law amendment for the portion of Historic Drummondville zoned General Commercial to regulate bars and nightclubs. The proposed changes are summarized as follows: Add the City's current definitions for nightclubs (any licensed establishment above 499 persons of occupancy) and licensed establishments (any premises licensed to serve liquor) and add them to the list of permitted uses. Delete taverns from the list of permitted uses to avoid conflict with the above noted terms. Require nightclubs to be separated from a residential zone by a minimum distance January 26, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: N i a g a r a a a a a a a a a J7 a l l s CAN DA Working Together to Serve Our Community PD- 2009 -05 The recommendation(s) contained in this report were adopted by City Council Re: PD- 2009 -05 AM- 2008 -024, Zoning By -law Amendment Application 5685 Falls Avenue, 4608 and 4800 Bender Street and Vacant Lands Located on the Northwest Corner of Falls Avenue and Bender Street Applicant: Canadian Niagara Hotels Inc. (Michael DiCienzo, Vice President, Design and Development) Agent: Michael Kirkland, The Kirkland Partnership Proposed 30 Storey, 364 Room Hotel RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit a 30 storey hotel, without meeting rooms and dining facilities, on the lands, subject to provision a gap between the hotel and parking garage /water park and a roof feature, and execution of a Section 37 agreement. The applicant has requested a Zoning By -law amendment for approximately 6 hectares (15 acres) of land known as 56.85 Falls Avenue, 4609 and 4800 Bender Street and vacant lands located on the northwest corner of Falls Avenue and Bender Street. Schedule 1 shows the location of the proposed hotel and the extent of the land holdings affected by the application. A 30 storey, 111 metre (364 foot) tall hotel, with 364 rooms and without meeting rooms and dining facilities, is proposed. The subject lands are comprised of seven parcels of land which are zoned Tourist Commercial (TC), in part, under Zoning By -law No. 79 -200 arid Commercial One (C1), in part, and Industrial One (11), in part, under Zoning By- lawNo. 5335, 1955. The application requests the site of the proposed hotel to be zoned TC under Zoning By -law No. 79 -200 with site specific provisions permitting the proposed height, lot coverage and setbacks and to eliminate the requirement for the hotel to include meeting rooms and dining facilities. The application also requests required parking to be permitted off -site on the portion of the lands illustrated on Schedule 1, will remain under the provisions of Zoning By -law No 5335, 1955. As a house `rpit measure, the proposed by -law will also incorporate 4310 Queen Street PO Box 1023 Niagara rails 9N Canada L2E 6 %5 905-356-7521 vdwv,, niagarafalls ca Community Services Department Planning Development January 26, 2009 -2 PO-2009-05 recent zoning relief granted to the adjacent water park and elevated walkways located at 4608 Bender Street as well as Committee of Adjustment approvals granted to the Crowne Plaza Fallsview Hotel located at 5685 Falls Avenue and Planet Hollywood located at 4800 Bender Street. Site Conditions and Surrounding Land Uses The portion of the site where the hotel is proposed is currently a landscaped plaza. Immediately to the northwest is the Planet Hollywood restaurant, which has a building height of 22 metres (72 feet). A large parking garage and water park, which has a building height of 52 metres (172 feet) lies immediately to the south. Required parking for the hotel is proposed to be provided in this parking garage. The Crowne Plaza Fallsview Hotel, which has an approximate height of 48 metres (157 feet) lies to the southeast of the hotel. The Rainbow Bridge Plaza lies to the east. Bender Street and Newman Hill lie to the north. Circulation Comments Regional Municipality of Niagara No objections to the proposed amendments from a general land use perspective, however the City should be satisfied that the proposal is in keeping with any design policies and guidelines and that adequate parking is provided. Further review of traffic matters will occur at the site plan stage. Niagara Parks Commission No objections. The Commission's concerns about traffic hold -ups on Falls Avenue will be addressed with bus unloading activities moved to the rear of the Crowne Plaza Fallsview Hotel, Transportation Services The transportation study that was submitted with the application is acceptable, however, an update at the site plan stage may be needed if the project is constructed after the year 2010. To address current congestion problems on Falls Avenue caused by bus unloading for adjacent hotels, bus unloading for the proposed and existing hotels will have to be relocated behind the Crowne Plaza Fallsview Hotel because no stopping will be permitted on Falls Avenue. An assessment of sight lines for the hotel entrance off Falls Avenue will be required at the site plan stage to ensure safe traffic movements. A sidewalk cafes licence agreement will be required for the proposed sidewalk cafe. At least 3 metres (9.8 feet) of unobstructed sidewalk passage is to be provided. January 26, 2009 Municipal Works Fire Services 3 PD 2009 05 Additional review of the sanitary sewer and watermain services will be conducted at the site plan stage. Improvements to the Bender Street and River Road sewers and the Bender Hill pumping station may be necessary. Confirmation of watermain flows needs to be completed. It is recommended that two watermain leads to form a loop be provided for the hotel and for adjacent lands. The location of siamese connections and hydrants to service the proposed hotel in accordance with fire regulations is to be confirmed at the site plan stage. Building Services All required Building Permits to be obtained prior to construction. Legal Services No objections. Planning Analysis Implementing the design changes outlined in the following discussion will provide a proposal that conforms to the Official Plan, provides high quality architecture and compliments the City skyline. The following is a summary of Planning Staff's analysis of the application: 1. The proposal conforms with the 30 storey height limit in the Official Plan. Schedule 4 of the Tourist Commercial policies of the Official Plan identifies the lands to be within the area where Council may consider high rise buildings up to 30 storeys. The proposed building is designed as a 30 storey hotel plus rooftop mechanical area and observation terrace. 2. The proposal meets only some of the Official Plan policies for massing of new development. The Official Plan requires that tall buildings reduce their massing and visual impact as they become taller and to provide appropriate gaps between buildings. The Official Plan specifies five design criteria summarized as: a) add distinct and interesting features to skyline; b) enhance pedestrian environment at street level; c) provide appropriate set back for high -rise buildings; d) ensure mass is reduced and gaps maintained; and e) minimize impacts on residential areas. Council adopted the Tourism Policy Review Implementation Handbook as guidelines provide further direction on how these policies may be achieved. January 26, 2009 4 PD- 2009 -05 The project provides a podium at street level which will engage the pedestrian along the sidewalk. The high -rise hotel is set back from the street line above the podium level. The development is well removed from any residential area and therefore does not impact on local residents. The applicant provided a satisfactory microclimate study, which generally notes no wind impacts, save and except for those occasions where there is an uncommon north or south wind. Therefore, policies b, c, and e have been satisfied by providing a positive building base, appropriate public realm at grade and a positive microclimate for the pedestrian. The proposed hotel has a very prominent location at the north end of the tourist core and a highly visible position from the Rainbow Bridge and thus holds an important place in the City skyline. The top of the building terminates in a large mechanical penthouse facing the City with an observation terrace covered by a flat canopy on the River side. This is significantly less than what has been achieved with other hotels in the tourist core. The overall effect is an element which is not distinct nor interesting within the skyline of the City. Further work should be conducted by the architect to render a more satisfactory roof top which includes a roof feature, The proposed building does not ensure that the mass of the building is reduced nor provide the appropriate gap between buildings. The Implementation Handbook sets out a floor area ratio of 929 to 1,115 Square metres (10,000 to 12,000 square feet) per floor and a facade length to width ratio generally not to exbeed 1 to 1.5. While the floor area ratio is within the prescribed range, the length to width ratio is 1 to 2.1 and therefore exceeds the suggested massing: The guidelines promote a separation between high -rise buildings of 25 metres (82 feet) to ensure light, transparency and a sky view between buildings. The gaps also ensure that a solid wall of buildings does not occur and provides for visibility from and to second tier development. The proposed hotel provides only a 1.2 metres (4.0 feet) separation from the adjacent parking garage /water park, The parking garage /water park is 52 metres (172 feet) in height which is approximately half the height of the proposed hotel. Given the lower height of this building a reduction in the required gap could be considered as long as the overall intent of providing sky view between the buildings is met. Staff note that if the building was to be reduced by 2 rooms per floor the length to width ratio could be satisfied and by further moving the building to the north a gap of about 12 metres (40 feet), sufficient to provide a minimal amount of sky view between the buildings, could be achieved. 3. The proposed hotel concept received support from the Architectural Peer Review Panel. The Official Plan requires any building greater than 10 storeys be reviewed by an Architectural Peer Review (APR) Panel. The Panel met with the proponent and his architect in October 2008 to .begin the architectural review. Over the course of weeks, the Panel obtained certain design revisions and modifications to the proposed hotel from the designer. The APR Panel submitted its final report on December 23, 2008 (attached). The report acknowledges a number of departures in the building design from the Council adopted guidelines. January 26, 2009 -5 PD- 2009.05 The Panel found that the proposed hotel is large for the site and partially obscures the adjacent Planet Hollywood. It is not possible with the plan, as proposed, to meet the principle of separation between the adjacent towers as delineated in the Implementation Guidelines. The Panel was of the opinion that some minor relaxation of the guidelines was justified. The Panel is of the belief that the proposed hotel tower and the dome of Planet Hollywood are complementary and the dome ameliorates the lesser separation of these two buildings. Further, the Panel believes that the garage /water park building does not require views to the outside and formed the opinion that the hotel will be an isolated building not negatively affected by sunlight or views. The Panel also provideda relaxed interpretation of the guidelines with respect to the length to width ratio. While the Panel noted the ratio of 1 to 2.1 exceeds the guideline, they opined that the hotel is not excessively large. Council's approval of the project should be conditional on streetscaping improvements. All developments in the tourist area over 4 storeys are subject to a Section 37 Agreement to secure streetscape improvements along adjacent streets. This agreement is to be executed prior to the passage of the amending by -law. The proposed hotel is adjacent to Bender Street and Falls Avenue. Streetscape improvements have been completed along Bender Street through the Casino development and a decorative sidewalk has been constructed along Falls Avenue. The applicant has provided a preliminary streetscaping plan for the portion of Falls Avenue abutting the site, including the addition of approximately 16 trees and an outdoor cafe. This could be further enhanced by benches and planters. The applicant will be required to enter into a Section 37 Agreement with the City to secure these facilities prior to passage of the amending by -law. For other high -rise developments, streetscaping contributions are based on the frontage of the site multiplied Joy general cost of streetscaping per linear metre of frontage (in 2008 dollars this amount is $1,043). As the City has not completed streetscaping works on the above noted streets it is appropriate for the applicant to complete the works provided the streetscaping is secured through a letter of credit. The site has approximately 91 metres of frontage, therefore a letter of credit in the amount of $94;900 would be required to be submitted at the time of the execution of the Section 37 Agreement. 5. The requested zoning amendmentcan be supported if recommended changes to the siting and design of the hotel are undertaken. The applicant has requested the site of the proposed hotel be placed under a site specific TC zone to permit the 30. storey, 111 metre (364 foot) tall hotel. The proposed hotel is sited on seven different properties that are all owned by the applicant under different companies. The properties will need to be recognized as January 26, 2009 6 PD- 2009.05 one parcel under the proposed by -law to permit the hotel and the parking arrangement. Current zoning under Zoning By -law Nos. 5335 and 79 -200 permits a range of building heights between 10.7 metres (35 feet) and 15.2 metres (50 feet) on the hotel site. The amending by- lawshould implement the recommended siting and improvements to the roof design. An enhanced roof feature may involve a slightly taller design. Should Council accept staff's recommendations, the revised design should be reviewed and approved by Council prior to passage of the by -law. To permit the hotel the following site specific regulations are required: The applicant has requested that parking for the hotel be provided in the adjacent parking garage which is located on lands owned by the applicant. This garage will function as one site because cars and guests can directly access the garage. Even with the addition of this hotel and other existing and proposed developments that rely on this parking garage for required parking there are sufficient parking spaces available in the garage. .The proposal seeks to:exempt the development from providing a restaurant and meeting rooms in the hotel: A breakfast area for.hotel patrons would be provided in the facility. There are extensive restaurant and meeting room facilities on adjacent lands owned by the applicant; therefore this exemption is acceptable. It is proposed that the rear yard of the hotel's podium be reduced from 3 metres (9.8 feet) to 0 metres and lot coverage to be increased from 70 of the lot area to 100 As the design guidelines encourage podiums to be built out to lot lines and a frontage fully developed with buildings to create streetscapes that engage pedestrians these changes are appropriate. In addition to the above noted zoning changes it is recommended that the proposed zoning by -law incorporate earlier approvals granted by Council and the Committee of Adjustment that affect the subject lands, as follows: height increases authorized through Zoning.By -law Nos. 2005 -85 and 2006- 62 for the adjacent parking garage and water park as well as a series of elevated walkways linking existing and proposed development on the applicant's lands.:The,parking garage /water park has a maximum permitted height of 54 metres (177 feet) while the elevated walkways have a maximum permitted height of 37 metres (121 feet) above the elevation of Falls Avenue; a Minor Variance permitting an increase in the height of the Planet Hollywood dome from 12 metres (40 feet) to 22 metres (72.18 feet); and a Minor Variance permitting an increase in height of an addition to the Crowne Plaza Falisview Hotel, from 10.66 metres (35 feet) to 22.34 metres (73.25 feet). January 26, 2009 -7 PD- 2009 -05 6. The applicant will be required to enter into a site plan agreement with the City. At the site plan stage, servicing details (including the confirmation of adequate services), grading and drainage, safe access and traffic movements, pedestrian circulation and landscape details will all be reviewed. It is also recommended that design of the proposed canopies be reviewed to see if wrapping them around the north side of the hotel, adjacent to the landscaped plaza to the north, would reduce the occasional wind impacts of the southerly and northerly winds. CONCLUSION: 1. Through this planning analysis it was found that the proposal: Complies with the height policies and some design criteria of the Official Plan Recommended by: Approved by: Reducing the hotel tower mass and siting the hotel northward will provide a gap which will reduce the "wall of development" impact the hotel will have in this area, The addition of a distinct roof terminus including a roof feature will enhance the appearance of the hotel and will assist in providing a better landmark at the end of Rainbow Bridge. A supportive Architectural Peer Review was received. The proposed hotel will be part of a larger tourist serving complex where adequate parking, meeting room and' restaurant facilities are provided on adjacent lands owned by the applicant. Therefore requested changes to the zoning regulations can be accommodated. 2. Provided the hotel is sited to provide a gap between the hotel and the parking garage /water park and an acceptable roof feature is provided, as outlined in this report, the application can be supported. A.Bryce :mb Attach. S: 2009 -05, AM -2009 -024, CNH, Bender -Falls Ave.wpd Alex Herlovitch, Director of lanntanning Development Ed Dujlovic, Executive Director of Community Services Subject Land Amending Official Plan and Zoning By -law Nos. 79 -200 and 5335,1955 Location: 4608 Bender Street 4800 Bender Street 5685 Falls Avenue NorthWest Corner of Falls Avenue and Bender Street Applicant: Canadian Niagara Hotels Inc 1032514 Ontario Ltd 525230 Ontario Ltd Greenberg International Inc K:WIS Requests\ 2008\ Schedules >zonIngAM\AM- 24\mappIng,map SCHEDULE 1 LOCATION MAP Proposed Hotel 1 t:Nrs AM -2008 -024 October 2008 Schedule 2 CITY OF NIAGARA FALLS Architectural Peer Review Comments Appendix "A" THE CANADIAN NIAGARA ALL SUITES HOTEL PROPOSAL December 23, 2008 TABLE OF CONTENTS EXECUTIVE SUMMARY 2 1 2 PRINCIPLES: POSITIVE BASE BUILDING PUBLIC REALM AT GRADE PRINCIPLE 3 3. SKY VIEW PRINCIPLE 3 4. SKYLINE HEIGHT PRINCIPLE 4 5. VIEWS AND VISTAS PRINCIPLE 4 6. POSITIVE MIRCOCLIMATE PRINCIPLE 5 7. PARKING AND CIRULATION Page 1 of 5 5 City of Niagara Falls Proposed Canadian Niagara Hotel Architectural Peer Review Comments December 23, 2008 Executive Summary At the request of the City of Niagara Falls, the Architectural Review Panel (A.R.P.) members met with the proponent and their architect on October 2nd 2008. The purpose of the meeting and subsequent phone conversations and correspondence, was for the ARP to gain and in depth knowledge of the proponent's proposal for a 30 storey hotel, in a prime location, on a unique site at the junction of Fails Avenue and the Rainbow Bridge. The hotel site Is unique In that it is the first clearly visible hotel which those entering Canada will see as they enter via the Rainbow Bridge, and It is at the north end of a line of hotels which overlook Falls Avenue, The A.R.P. are of the opinion that the proposed hotel Is large for the site and partially obscures the adjacent Planet Hollywood. It is not possible with the plan, as proposed, to meet the principle of separation between adjacent towers as delineated in the Implementation Guidelines. However, the A.R.P. Is of the opinion that In this particular case some minor relaxation In the strict Interpretation of the guideline Is Justified due to the low height and massing of the adjacent buildings. The proponent's architect has been co- operative in revising the design of the streetscape In relation to the adjacent main entrance to Planet Holiywood and also to the Improvement to the design of the west elevation of the hotel at the terrace level, The Canadian Niagara All Suites Hotel Is an elegant, well- proportioned building, which will enhance the overall appearance of the existing buildings presently situated on the west side of the north end of Falls Avenue: As such, in the opinion of the A.R.P., It succeeds In meeting the Intent and spirit of the Urban Design Guidelines for the Tourism District of the City of Niagara Falls. A,R.P. Members Trevor P. Garwood -Jones Architect Joanne MacCallum Architect Jeff Claydon Landscape Architect Page 2 of 5 Principle 1 &2 Positive Base Building Public Realm at Canada Principle The A.R,P. Is satisfied with the interface between the vertical facade of the hotel and Its relationship to Falls Ave. The principle east facade rests on a clearly defined podium and has an adequate set back from Fails Ave, which will visually enhance Its appearance from the sidewalk. This set back also ameliorates any negative down drafts from the tall facade at streetscape level. Attractive amenities such as colourful outdoor patio areas add to the texture and design of the podium of the building at streetscape level, and provide weather protection for pedestrians, Adequate parking for guests will be within the adjacent parking structure. Drop off for guests is adjacent to the hotel main entrance and is well protected from the elements, Pedestrian sidewalk traffic from the south will encounter a minor inconvenience when crossing the main entrance and exit lanes to the parking garage. A.R.P. recommends a clearly marked pedestrian crossing at these two locations. 3. $kv Vlew Principle (a) Set backs from Droberty line In general the design concept conforms to the set back guidelines with the exception of the roof overhang which the A.R.P. regard as a minor departure. (b) Setbacks from adiacent building The design concept does not provide the required set back from the parking garage at the south end, or the required set back from Planet Hollywood, or the required set back for the north -east corner of the hotel, The A.R.P. Is not particularly concerned regarding the non conforming set backs for the following reasons, which are unique to this particular site. (I) The adjacent Planet Hollywood building is a low -level building with a domed roof covering most of the building. The A.R.P. is of the opinion that the verticality of the proponent's hotel compliments the dome shaped roof of the existing Planet Hollywood building and ameliorates the close proximity of the Iwo buildings. (II) The parking garage and water park building are of such a nature that they do not require views to the outside, In particular the Water Park and garage are low -level buildings situated to the southwest and south of the proponent's hotel. Since the proponent's hotel will be an Isolated point form building on the west side of the street it will not negatively affect the amount of sunlight or views of the sky from the sidewalk. Page 3 of 5 (Ili) The guidelines require a setback of 3 metres for the main wall of the proposed hotel for any portion of the wall above 15 metres above grade. The north east corner of the proposed hotel does not conform In that it Is set back approxlmately 1 metre from the lot.line abutting Falls Avenue: It Is the opinlon of the A.R.P, that In this particular instance It Is not a critical concern. It Is one corner of the hotel which Is non conforming, and since the adjacent and area to the north Is completely open, and will be for any foreseeable time, there Is almost no obstruction to the requirement of the Sky View Principle, and therefore the proposed hotel conforms to the Intent of the Sky View Princlple. (iv) The proponent's design Is within the maximum recommended floor plate size of 1115 m Of more Interest to the A.R.P. Is the 1 to 1.5 ratio of length to width, which avolds the obJectlonabie 'Wall of Development'. In thls Instance the proponent's hotel design has a length /width ratio of 1 to 2,1 which exceeds the recommended guideline. However, the hotel Is not excessively large and Is located at the north end of development along Falls Avenue on a unlque site Isolated from other tall buildings. In this Instance It does not form part of the 'Wall of Development'. In addition, the layout of the floors from the 3rd level to level 30 have recessed corners whlch add a sculptural quality, which reducing the apparent width of the facade, and therefore meets with the approval of the A.R.P. 4. Skyline Height Principle The proponents hotel does not exceed the maximum height restriction of 30 storeys. The design adds diversity and Interest to the north end of Falls Avenue, There are no adJacent towers within 25 metres and no residential development within 100 metres. The proposed hotel will riot have any detrimental Impact on the adjoining area. 5. Views and Vistas Principle Guests located on south, east and north east corner of the proponent's hotel will have reasonably good views of both the American and Horseshoe Falls and the American skyline, Guests on the west side will not have a view to either of the two falls. The height of the proponent's hotel acts as a tall punctuation mark at the north end of the .line of hotels overlooking Falls Avenue. ltdoes not Intrude upon the surrounding neighbourhood to the west or to the residential neighbourhood located north across highway 420, Page 4 of 5 6. Positive Mlcroclimafe Principle As can be observed by a reading of the Environmental Assessment Report prepared by F.H. Theakston Environmental Control Inc. dated September 25Th, 2008, the proponents hotel has very little deleterious effect on the pedestrian sidewalk level with regard to wind discomfort. 7. Parking and Circulation The A.R.P. is not In possession of a formal traffic study. A traffic study was briefly discussed at a meeting with the ARP. and the proponent on October 2nd, 2008, at which time It appeared that adequate parking for hotel guests could be accommodated within the existing parking structure of the south of the hotel. All vehicular movement for cars buses and delivery etc. can be accommodated within the site. Page 5 of 5 Aug. 29. 2008 3 :39PM REGIONAL PLANNING Niagara lliff Region August 28, 2008 Fifes: D,10.M.11.23 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St, 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: AM 2008.024, Zoning By -law Amendment Application Proposed 30 Storey Hotel Southwest corner of Falls Avenue Bender Street City of Niagara Palls No. 38111 P. 2 an tI PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 417 Tel: 905. 984.3630 Tol I -f ree:1- 800.263.7215 Fax; 905.641.5208 www. regional,niagara.on.ta Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The proposed amendment will rezone the property to a site specific Tourist Commercial zone to facilitate the development of a 30 storey, 364 room hotel, Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed development, General Land Lisa 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. 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 and promote economic development by providing for an appropriate mix of employment uses to meet long term needs Building Community. Building Elves, RECEIVED AUG 2 9 2008 PLANNING DEVELOPMENT Aug, 29. 2008 3:39PM REGIONAL PLANNING No. 3810 P. 3 The property Is located in the City's developed Tourist area where services and Infrastructure already exist. The hotel use should provide additional employment opportunities for residents of the City. The amendment will establish site specific zone regulations with respect to height, setbacks, parking, and other standard relevant to the proposal, Parking for the hotel will be provided In a parking garage on adjacent lands. Regional staff has no objections to the proposal from a general land use perspective. However, the City should be satisfied that the proposal Is in keeping with any design policies /guidelines and the proposed offslte parking Is appropriate for the development. Public Works Comments related to Regional infrastructure, servicing, and /or traffic, will be provided under a separate letter once Regional staff finalizes Its technical review. The City should include the Regional Infrastructure considerations as part of Its Site Plan Control process. Conclusion Regional Development Services Division staff has no objections to the proposed amendments from a general land use perspective, Comments with respect to Regional Infrastructure will be forwarded under a separate letter. 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, Lee— Sue Mabee Planner SM/ Cc; Mr, W. Stevens, Regional Public Works ZAMSWORDISM\NIAGARA FALLS■Zoning Byidw Amendment\AM- 2008-024 Fells Ave end Bender SLdoc Jan. 15. 2QQ1?4 4• NIAGARA PARKS ENV Cr Naas Par S i»i ,Ira 1185 'Mr. Alex Herlovitch Director of Planning and Development City Hall 431.0 Queen Street Niagara Falls; ON L2E 6X Dear Sir: We would appreciate a copy:of the councils' decision. RING .No, 4313 RE: AM -2008 =024, CANADIAN 'NIAGARA HOTELS J PROPOSED 30 STOREY HOTEL, 5685 FALLS AVE. Thank you for the additional information with respect to the above noted project ijioluding the Decanter 29, 2008 Peer Review. Report and October 1, 2608; Traffic Study. Niagara Parks staff have lio:objection Our concern with traffic holdiups on Falls Ave due to the loading and unloading: of: buses has been addressed with those operations be,'Ingihandied at the rear of the Brock Hotel We understand: that the City wltl post :Fatls Avenue'wilh No Stopping" signs We atso'.undelstand that updated traffic impact studies, driver Site lines and :cafe encroachments::ont'o the sidewalks will be dealt with at the site plan kpprovai stage.` CC- o lle.td 92 rice- Yours truly, ,Iifi iPilfian+,s THE NIAGARA. CAs:KS tOMM.SSION Cwinnan P.O. flux 150, .Niagara 0utario,• L P 6T2 Web Site:. ww*.nigearanatia.Enm scanner, etihlnoerinp btive•-07llis Phone: 9001355 -2241, •e%t: 260 Fdx:•9051356.7262 -Mall: npcengpnlagaraiiarks:cum January 15, 2'009 Dave Gillis MCIP, RPP/ Manager Planning Properties 01E5 t n 115 t.�,r r °LAN DEV .'•t John Ker•nahan General Manager I (3/2/2009) bean lorfida Mar. 9 Council Page 1 From: "Michael Kirkland" <mkirkland @tkp.ca> To: <diorfida @niagarafalls.ca> Date: 3/2/2009 12:31 PM Subject: Mar. 9 Council CC: michaeld @niagarafallshotels.com> Dear Mr. Lorfida, As I indicated in the meeting on Feb 26, 2009, there are two reasons why the project as designed is fundamental to its feasibility and desirability. 1. The Northern Facade Placement The building is positioned in the most northerly position possible because: A. It maintains the minimum necessary visibility or the Planet Hollywood structure as seen from the bridge plaza (arrival from the U.S.). B. The building, as required by good urban design practice, is positioned along the street edge (like the Brock) to move north would put the building over property line. 2. Gap Between Parking Garage and Hotel The gap between the parking garage and hotel is 1.2m which is appropriate given the lack of occupancy of the garage as would be the case with in occupied building such as an apartment building or a hotel. There is no privacy issue at play If we simply chopped off the last building bay, it would not substantially improve the relationship to the hotel but would result in losing 2 rooms per floor for the entire height of the hotel (some 54 rooms). These rooms, particularly for the top half of the hotel are the only rooms with neat Falls views. In summary, after having met with you and staff, we remain convinced that the building as designed is appropriate as was confirmed by the Niagara Falls Architectural Peer Review. Yours Truly, Michael Kirkland The Kirkland Partnership Inc. Architecture, Planning, Urban Design 225 Richmond Street West, Suite 500 1(3/2/2009) Dean lorfida RE: Mar. 9 Council From: "Michael DiCienzo" <michaeld©niagarafallshotels.com> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 3/2/2009 2:21 PM Subject: RE: Mar. 9 Council Hi Dean: Took a read. Thanks. As a suggestion, could the conclusion options be reversed, with #1 being the approval as submitted. Since this was the confusing point from the onset, it would make sense to clarify this item as the first choice. Also, I would like to further add to this motion as follows #1. Make a motion clarifying Council's position to approve the zoning by -law amendment as submitted by the applicant and supported by Niagara Falls Architectural Peer Review." Please let me know if this is acceptable. Thanks, Michael Page 1 March 9, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagar ,Falls Re: PD- 2009 -20 26CD -11- 2009 -01, Draft Plan of Condominium (Standard) 6928 Ailanthus Avenue (East Side), South of Sunnylea Crescent Owner: Omada Homes Inc. (Warwick Johnston) RECOMMENDATION: PD- 2009 -20 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: Proposal The applicant proposes to register a condominium plan for the 3- storey apartment building containing 20 units that is currently under construction. The property is located on the east side of Ailanthus Avenue, south of Sunnylea Crescent, as shown on Schedule 1. The submitted site plan is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit in the development with the common areas (e.g. driveway, visitor parking, hallways, landscaped areas) shared by the condominium corporation. There are no public meeting requirements under the Planning Act with respect to standard (new construction) condominium developments. a wu b 43704ue en 1 a 5treet PO Boox xti 1023 Niagara Falls ONkCanada C2E ■6X5' 905 356 7521 wwwniagarafalls(ca Working Together to Serve Our Community Community Services Department Planning Development March 9, 2009 2 PD- 2009 -20 Planning Process This development has proceeded through previous planning approvals and consultation with the public. The property is a block of land within the Ailanthus Park plan of subdivision (NS -2) registered in March 1970. The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4 -594) through Zoning By -law No. 79 -200, as amended by site specific By -law No. 2002 -208 passed by Council in November 2002 (File AM- 31/2002). The Site Plan Agreement (File SPC- 03/2006) was registered on title in September 2006. A Building Permit was issued by the City for the development on September 27, 2006. The project has been designed for compatibility with surrounding land uses, contributes to the mix of available housing types in the area and has the potential to provide affordable housing. Conditions of Approval The majority of development issues have been addressed through the earlier subdivision, rezoning and site plan approvals. Requirements for a sidewalk and parkland dedication were included in the underlying subdivision. The site plan agreement specifies the servicing, grading /drainage and landscaping for the project and the City holds securities to ensure the various site works are completed. The requirement for a road widening along Ailanthus Avenue was identified at the site plan stage but not dedicated to the City a condition is requested to obtain the widening through the condominium approval. Construction is still underway and a condition is included respecting confirmation of zoning by -law and site plan compliance when the development is finished. The designation of a fire access route through the site is also a condition of approval. The Region advises that more information is needed from the developer to determine if the site layout satisfies the Region's waste collection policy. Otherwise, private garbage pick -up must be provided for the condominium and a clause be included in the Condominium Agreement and in all Agreements of Purchase and Sale or Lease to advise future residents in this regard. CONCLUSION: This development has received appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the apartment units. The conditions of approval are listed in the Appendix. Recommended by: Approved by: R.Wilsonnb Attach. kJfl Alex Herlovitch, Dire tor of Planning Development S':PDR120091P0- 2009 -212 2600 -11- 2009 -01. 6928 Allanlhus Ave Draft Plan of Contlominium.wpd Ed Dujlovic, Exe five Director of Community Services March 9, 2009 3 PD- 2009 -20 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated January 13, 2009, showing an apartment building containing 20 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer dedicate a 1.52 metre (5 foot) road widening to the City along the Ailanthus Avenue frontage. 5. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 6. The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 7. The developer either satisfy the requirements of the Region's waste collection policy, or, the Condominium Agreement between the developer and the City of Niagara Falls and all Offers and Agreements of Purchase and Sale or Lease for each dwelling unit contain the following warning clause: "Purchasers /tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor." 8. The developer provide five copies of the pre- registration plan for the condominium to Planning Development. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Municipality of Niagara for Condition 7 Proposed Plan of Condominium (Standard) 6928 Ailanthus Avenue 26CD -11- 2009 -01 Subject Land SCHEDULE Location Map February 2009 SCHEDULE 2 S 0 t a L 5 1s ra 6 1, Qo` .3/40y, a INn S Y 1 X 1 N 14ilk d d y 1 I 4 rYS� March 9, 20098 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -21 Appeal of Committee of Adjustment Decision Consent Application B- 2009 -003 Applicant: Eva Szijarto (Agent Brian Sinclair) 6341 Schisler Road RECOMMENDATION: That Council authorize staff to file an appeal to the Ontario Municipal Board regarding the decision of the Committee of Adjustment to grant Consent Application B- 2009 -003 which does not comply with the Niagara Falls Official Plan, the Regional Niagara Policy Plan nor the Provincial Policy Statement. BACKGROUND: NiagaraJalls C A N A D A PD- 2009 -21 The applicant owns 21.282 hectares (52.59 acres) of land located on the north side of Schisler Road, extending between Willodell Road and Beck Road (see the attached Surveyor's sketch). An application for severance was submitted to the City's Committee of Adjustment to separate 5.095 hectares (12.59 acres) of land (Part 1) containing an existing dwelling for rural residential use and to retain 16.187 hectares (40 acres) of land (Part 2) for continued agricultural use. The dwelling was constructed in 2004. The balance of the land is cultivated with crops but it is understood this agricultural use is not maintained by the applicant or their family. The Committee of Adjustment considered the application at a Public Hearing held on February 10, 2009. The City staff report to the Committee recommended the application not be approved for several reasons. The property as well as the surrounding area consisting of many large tracts of land is classified as prime agricultural land by the Province of Ontario. The Provincial Policy Statement (PPS) prohibits the creation of separate residential lots in prime agricultural areas unless for the purpose of severing a surplus farm dwelling as a result of farm consolidation. The proposal isnot for a farm consolidation. 43i0Queen+5treet 1 66Th x,7023 NiagaraFalls,O Canada bE6x5 90 k' .m. 356 7521 www.niagarafalls ca., Working Together to Serve Our Community Community Services Department Planning Development March 9, 2009 The City's Official Plan designates the majority of the subject land Good General Agricultural with those portions of the land containing a Provincially Significant Wetland on Part 1 and a watercourse traversing Part 2 designated Environmental Protection Area. The Province mandates that municipal policy and all planning decisions shall be consistent with the PPS. Accordingly, the Official Plan policies do not permit the separation of the house from the farm property unless two or more farms have been consolidated and the dwelling is considered surplus. The submitted application does not qualify for a severance based on provincial policies and the Official Plan policies. The Region provided a comment letter to the Committee. The land is designated Good General Agricultural in the Regional Policy Plan. Both the Region's policies and the Provincial Policy Statement restrict severances in the agricultural area, specifically, the creation of new residential lots is not permitted unless for a residence surplus to a farming operation. The proposal is not for a surplus farm dwelling. The Region did not support the application as it is not consistent with Provincial and Regional agricultural policies. The City report, Regional comments and presentation of the applicant's agent were considered by the Committee. The applicant's agent requested that the Committee impose a condition for the severance that the retained parcel for farming (Part 2) be rezoned Agricultural Purposes Only (APO) so that no new dwelling could be constructed on the property. Following lengthy discussion, the Committee granted approval to the application subject to the applicant obtaining an APO zone on the farm parcel. The reasons stated by the Committee for their approval were that, with the condition for rezoning, there will be no new residential development on Part 2 and the land will continue to be used for agriculture. The Planning Act allows an appeal of the Committee's decision. Approval of the application is clearly contrary to the governing planning documents. The Committee's decision could set an inappropriate precedent. Staff is recommending that the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board as it is does not conform to local, regional and provincial planning policies and is contrary to good land use planning. The last day for filing an appeal is March 17, 2009. CONCLUSION: The Committee of Adjustment's approval of Consent Application B- 2009 -003 does not comply with the Provincial Policy Statement, is contrary to the Niagara Falls Official Plan, does not comply with the Regional Policy Plan and does not constitute good land use planning. This decision could set an inappropriate precedent. Therefore, the Committee's decision should be appealed to the Ontario Municipal Board. A copy of this report has been provided to the applicant's agent. Recommended by: Respectfully submitted: 2 PD- 2008 -21 Alex Herlovitch, Dir -ctor of Planning Development Ed Dujlovic, xecutive Director of Community Services AH /RW:gd Attach. S: \PDR\2009 \PD- 2009 -21, Appeal of Committee of Adjustment Decision, 13- 2009- 003.wpd m d 05 0 1— 0 J 0 Q li N Q O 00 0 Z Z l�g op_ w UY 012 1 6 ti O I S N01SS30N00 o a 2,l 6 107 dfHSNM01 1NYd� (WOW 01 (WWrot) (orov ndnrwm,J Y C SINsS A00 MAIN At'1M01D 0Y04 arm xavi B 1830Z 9Lf'OOZ ei ¥tt66l ZZ6'96l Sw OA U ID1 l X MM41. nwvx m PNW n ae 1W.)SYtiaVSCH (595.050 YSr n we zmo.mm VIVO TIN CROW 107 N0ISS30N00 SIHSNM01 z z z w Z o z aw 0 0 al o Va 2 o 0 err 0 G March 9, 2009 PD- 2009 -22 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraj7alls C N a D Re: PD- 2009 -22 CB &FIG 2009 -001, Commercial Building Facade Improvement Application Applicant: 2088937 Ontario Inc. (John Fiedorek) 4235 -4243 Park Street That Council approve the Commercial Building and Facade Improvement Grant Application in the amount of $12,000, subject to meeting the program requirements including any permit requirements and entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign the grant agreement. The City has received an application from John Fiedorek to undertake a number of improvements to the commercial building located at 4235 -4243 Park Street. A map showing the location of the property is shown in Appendix 1. The main floor of the building is vacant and the owner is pursuing a commercial tenant. The upper floor is occupied as a residential apartment. The facade improvements to be undertaken include replacement of windows and front door, as well as, brick restoration at an estimated cost of $11,000. The structural improvements include a new roof and fire separation between the commercial and residential use to satisfy fire code. The estimated cost for the structural items is $13,000. The applicant would be eligible to receive one half of the facade and building improvement costs or approximately $12,000. The applicant has been in contact with City's Building Division and Fire Department to ensure satisfaction with their requirements. The proposed improvements will not offend the City's Downtown Urban Design Guidelines. This application is also the first application received in 2009 under the joint budgeted CIP funds. lsi `'F tir'dt y 4310QueenrSiieet PO =Box +1023 NtagaralfaIIs ON Canada l2E6X5 ,t90S3567521.wwwniagar "•t�NVt� Fr"s.:3'i:..3,u.s�^? k,��"ra,. ?'rs'x'�. o s M Working Together to Serve Our Community Community Services Department Planning Development March 9, 2009 2 PD- 2009 -22 CONCLUSION: The proposed improvements are largely structural in nature and will have a positive impact on the Downtown area. Based upon the above, staff recommends approval of the grant application. Recommended by: Approved by: B.Bolibruck Attach. S:IPDR120091PD- 2009 -22, CB &FIG -01 -2009 Fiedorek.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services oa Z CTORINAVE' 1 1 iS c ave 1 a S r L I I� II� ONTARIO AVE z 0' z 0 I I 1 1 1 ST CLAIR AVE -I 1 1` 1 1 1 1 CRYSLER AVE I 1 1 1 1_ 1 1 1 1. BUCKLEY AVE 1 1 .1 1 H II 5 s f' Honorary Patron: The Hon. David C. Onley Lieutenant Governor of Ontario Dear Mr. Iorfida: Charitable Registration Number 10764 9410 RR0001 .,1 G. EAU i S Mr. Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 2L1 Re: Flag Raising at City Hall Lupus Foundation of Ontario February 27, 2009 294 Ridge Road N Box 687 Ridgeway ON LOS 1NO (800) 368 -8377 ON Only C (905) 894 -4611 k' (905) 894 -4616 e lupusont @vaxxine. com Website: www.vaxxine.comilupus Serving Ontario since 1997 (Inc.) Lupus Foundation of Ontario has been serving the citizens of Ontario since 1977, bringing awareness and education of lupus, "the least known major disease We are experiencing record requests for support and information. We would like to request that Mayor Salci assist us with public awareness by participating in a flag raising ceremony at City Hall during the month of April. We will contact the local newspaper for a photo opportunity and article. (Any date will be appreciated. Hopefully, the flag may be flown for one or two weeks.) World Lupus Day is May 10th, and to raise funding for various programmes, we will be holding a walk at Merritt Island, Welland on the 9 of May. By publicizing this event through various flag raisings, we hope to inform everyone about the realities of lupus. The numbers of children and youth, who are now positively diagnosed with lupus, is unprecedented. There is an urgent need to educate parents and physicians to acknowledge all the symptoms presented, rather than just treat one or two symptoms. With your continued help, we will be able to do so. The City of Niagara Falls has always been very supportive of our Foundation, and we thank you. Your staff is a joy to deal with. We would especially like you to know that Ms. Morton, when she learned that we would be unable to deliver the Sleep Cheap forms on time, offered to accept them at her home. She truly went above and beyond the definition of her job description. She is to be commended for her generosity and willingness to assist others. Thank you to all! Very trul Kathy rowhurst Working together to conquer lupus Lundys Lane WWW. LUNDYSLANE. COM February 25 2009 Dean lorfida, City Clerk Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Respectfully, Victor Ferraiuolo General Manager Lundy's Lane BIA PO. Box 26008 Lundy's Lane R.P.O. Niagara Falls, ON L2G 7X2 289 477 -LANE (5263) Ext 1 GM @LundysLane.com www.LundysLane.com RE: Lundy's Lane BIA 2009 Budget Dear Mr. lorfida: Enclosure: Febrauary 24 LL BIA AGM Minutes The Lundy's Lane BIA held their Annual General Meeting (AGM) on Febrauary 24 2008 at 9:30 a.m. In the attached minutes the budget for 2009 was passed by majority vote and thereby approved by the Lundy's Lane BIA members in attendance. The total Lundy's Lane BIA levy to be collected by the City for 2009 is $276,000.00 Please ensure that the City's Finance Department gets this information as well. Thank you. Directors present: Members present: Review of Mission Statement 2008 Review and 2009 Highlights Lundy's Lane BIA General Membership Meeting Minutes MacBain Centre Coronation Room Tuesday 24th February, 2009 9:30 am Ross Barr Fran Berry Paul Bongers Tish DiBellonia Jay Malak Navin Shahani Veena Shahani Directors with excused absence: Len Cade Marj Ruddy Non -Board Members present: Victor Ferraiuolo (General Manager) Hilary Sitlani Lisa Thompson Tony Vommero Nela Chhabra (Knights Inn) Baljit Chhiiva (Arkona Motel) Hardev Dhillon (Flamingo Inn) Hemlata Lad (Alpine Motel) Mian Hamid (Al Star Inn) Anika Hamid (Al Star Inn) Mohammad Lar (Willow Inn) Jyoti Nayyar (Seneca Motel) John Palumbo (Orchard Grove Plaza) Gurminder K. Randhawa (Niagara Lodge Suites) Jang B. Singh (Caravan Inn) Piara Singh (Tropicana Inn) Doris Thompson (Blue Moon Motel) Peter Van Kleef (Canpark Resorts) Barb Vyas (Kingsway Motel) "The Lundy's Lane Business Improvement Area is an association that works together to create and promote a positive and prosperous business environment supporting a year round focus to benefit all businesses on Lundy's Lane through marketing, beautification and events." Welcome Fran opened the meeting by welcoming all guests. Board Introductions Each Board Director was introduced by Fran and members introduced themselves to the Board. Marketing 1. CAA and AAA Tour Books are expensive publications. Therefore to reduce expense the advertisement has been reduced from a half page to q quarter page. 2. Lundy's Lane Destination Guide is a tri -fold CTM display brochure. The remaining 2007 inventory was used in 2008. There are still approximately 30,000 in stock at the printers. This brochure is sent to visitors calling the Lundy's Lane Call Centre at 1- 866 -551 -LANE. 1 3. We have a full page ad in The Niagara Seasons magazine is the official Niagara Canada visitor's guide which is distributed in Ontario and some American states. New artwork is being developed. 4. The Guide to Niagara Falls, Canada is distributed to local destination marketing organisations and lists all properties. 5. The Niagara Falls Dining Shopping Guide advertises restaurants and shops on Lundy's Lane. 6. We have a half page ad in the Destination Planner is used primarily by groups. 7. A total overhaul of the Lundy's Lane consumer website www.lundyslane.com by Webnet Logics is the priority marketing issue for 2009. It will be cost effective and will be able to handle reservations. Members are invited to contact Victor if they know of any features on other websites which would be of benefit to our new website. 8. A new Lundy's Lane logo has been developed by Signature Signs. It was designed in red and black to compliment both current and future street fixtures and to acknowledge the historical patriotic significance of the area. It is a clean, modern and attractive mark that reinforces to aspiration direction for improvement and quality in the business district, It looks like a street in the shape of an `L' for Lundy's Lane and also ribbon shaped signifying remembrance for the war of 1812. New letterhead and business cards will be prepared with the new logo as will all future advertising. 9. A new local directory was developed in 2008. All Lundy's Lane Businesses were included. Members were asked to provide a brief description of their business and 25% did so in time for publication. 30,000 copies were distributed to Niagara Falls households via the Niagara Falls Review and a small quantity to Fort Erie households. It is available as a PDF file; contact Victor by email if you want a copy. It will enhance and redistributed in the future. BRAG (Beautification, Revitalisation and Greening) 1. Beautification: 20 new benches and 2 matching garbage receptacles have been installed and old advertising benches have been removed along with one advertising recycling bin. The new fixtures add an attentive vibe to the area and make visitors aware that we are a business area distinct from others. This initiative will be continued in 2009. 2. Revitalisation: A maintenance company was hired in 2008 to help keep the BIA neat and tidy by grass cutting, grass and weed trimming and garbage removal. The budget is tight to make it as cost effective as possible. Property standards were being monitored. Many "before and after" pictures have been taken for review. The City and the Region are now aware that we care about the appearance of our BIA. 3. Greening: hanging baskets and planter arrangements added colour and excitement to the area. Events 1. In 2008 a PBA seniors Tour was explored but ultimately was not supported. 2. In 2009 a number of events are being explored. We are working with Niagara Inflatables for a "Kids Appreciation Day" in the spring. A 2009 fall event is also being explored that could be related to Halloween or Autumn. Watch the member website for details. 3. The BIA is working with the Niagara Falls Legacy Project to build a pedestrian bridge /gateway near the Lundy's Lane Battlefield. The estimated cost is between $75,000 and $1,000,000 for which there are Lundy's Lane BIA reserve fund possibilities. Communications 1. A new member website was established in 2008 members.Iundyslane.com. A number of flyers have been distributed to establishments regarding the website and advertising opportunities. 2. Newspaper notices for AGM's have been applied. 2 Your Lundy's Lane Business Improvement Area (BIA) has a new member websitel gurcia Sandia lane mA, 0.0. Box 1600e 090, LunOVs LSm, II laaara Falls, ON, 2 c 515 Fos 100' 1) l- L000(5Efill f'mdlP Oi n. u�n:.nC +nu ajAssiss The Lur4{S Una Bushes; Im5rwsmenl Area is an asaa:lalian that rvcrks sooe0er to Create and prcmcle a spa Ave To rr005e 041081: mNnomenl wpro:nnp a year wo11000 50 LAN: an 011S1/050 00 Lanais Fans mmogs /RASA Ina. beau00ca0on and events G en F sal J Shaw suddrs 'Jakeon0cpooitun0la Stay Informed! See Lundy's Lane BIA updates, City issues and more... Lia LAeii1 member P3005,,00:: eeee Login I Cancel Over the coming months you will have access to a variety of marketing initiatives. Interacting with the website and supplying your up -to -date information will ensure your presence. You are encouraged to participate where you can, not only in marketing programs but in a variety of volunteer opportunities, free seminars and professional development information sessions. You can help us help you by interacting with the new Lundy's Lane BIA member website! Business owners, managers, designates and landlords take some time to connect and bookmark the new websites right now. Simply go to: members.LundysLane.com and enter the username: member and password: lane Any additional ideas or suggestions can be sent directly to: GM{o5LundesLane. com 3 2009 Major Project Timelines (est BIA Issues A variety of Issues are being monitored to assess a BIA opinion /response: Transit changes Old Parks Recreation building at the corner of Montrose Road and Lundy's Lane Collection services Property standards Water fees Property taxes 2009 Budget Presentation In 2008 the BIA had a surplus, i.e. we spent less than the budget. When projects are not completed it is fiscally responsible not to spend up to the budget. In 2008 money put aside for the website and BRAG were not used and these amounts have been brought forward in the 2009 budget as reserves of $20,000 and $67,056.46 respectively. There was no increase to the BIA levy. Motion by Navin to accept and approve the budget as presented below. Seconded by Ross and motion carried unanimously. 4 1z A M J J A SO N D J F Marketing: Visitors Guide X X Advertising X X X Local Directory X X Consumer Website X X X New Summer Banner X X Street Signs X X X X Street Fixtures X X Landscaping X X X X X X X X Maintenance X X X X X X X Events X X X X 2010 Planning X X X x 2009 Major Project Timelines (est BIA Issues A variety of Issues are being monitored to assess a BIA opinion /response: Transit changes Old Parks Recreation building at the corner of Montrose Road and Lundy's Lane Collection services Property standards Water fees Property taxes 2009 Budget Presentation In 2008 the BIA had a surplus, i.e. we spent less than the budget. When projects are not completed it is fiscally responsible not to spend up to the budget. In 2008 money put aside for the website and BRAG were not used and these amounts have been brought forward in the 2009 budget as reserves of $20,000 and $67,056.46 respectively. There was no increase to the BIA levy. Motion by Navin to accept and approve the budget as presented below. Seconded by Ross and motion carried unanimously. 4 Lundy's Lane BIA Income Statement Comparison of Actual to Budget for Fiscal End 2009 Page 1 Actual to 2124/2009 Budget Difference REVENUE Income Tax Levy from City Supplemental Taxes Net Tax Levy Interest Received Total Income TOTAL REVENUE EXPENSE Lundy's Lane Visitor Guide Lundy's Lane Visitor Guide 0.00 Marketing Artwork Design CAA/AAA Tour Books Call Centre Gateway Niagara Lundy's Lane Visitor Guide Misc. Advertising Promotion Co... Niagara Seasons Magazine NFT Dining Shopping Guide NFT Tourism Guide Niagara Residential Directory Tods (Canadian) Signage Ont.H... Web Site Development Website Marketing Website Hosting WFOL Sponsorship Total Marketing Other 276,000.00 276,000.00 0.00 450.00 276,000.00 276,450.00 612.20 6,400.00 276,61220 282,850.00 276,612.20 0.00 0.00 274.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 459.60 0.00 150.00 0.00 0.00 883.69 0.00 450.00 -450.00 5,787.80 6,237.80 282,850.00 6,237.80 0.00 0.00 1,620.00 1,620.00 16,000.00 16,000.00 1,800.00 1,525.91 450.00 450.00 24.306.00 24,306.00 500.00 500.00 8,700.00 8,700.00 2,835.00 2,835.00 1,350.00 1,350.00 15,723.00 15,723.00 9,110.00 8,650.40 12,000.00 12,000.00 7,800.00 7,650.00 200.00 200.00 10,000.00 10,000.00 112,394.00 111,510.31 Festivals Events Advertising -Candy Cane Lane 0.00 1,000.00 1,000.00 Advertising Valentines 0.00 1,000.00 1,000.00 Event Development 0.00 16,100.00 16,100.00 Illuminated Candy Canes Fixtur... 0.00 8,500.00 8,500.00 Shuttle 0.00 2,265.00 2,265.00 Total Festival and Events 0.00 28,865.00 28,865.00 Beautification (BRAG) Banners all seasons 1,995.00 12,460.00 10,465.00 Landscaping 0.00 39,026.00 39,026.00 Street Fixtures 0.00 10,000.00 10,000.00 Street Maintenance 0.00 20,000.00 20,000.00 Street Signs 0.00 5,000.00 5,000.00 Total Beautification (BRAG) 1,995.00 86,486.00 84,491.00 Administration General Expe,.. General Manager Wages 1,666.66 40,000.00 38,333.34 GM Expenses 10.92 1,000.00 989.08 Audit Expense 0.00 1,800.00 1,800.00 Bank Charges Interest 6.16 170.00 163.84 Bookkeeping 0.00 2,500.00 2,500.00 Mail Box Rental 125.00 140.00 -15.00 Meeting Expenses 0.00 500.00 500.00 5 Lundy's Lane BIA Income Statement Comparison of Actual to Budget for Fiscal End 2009 Page 2 Actual to 2/24/2009 Member Communications (Web) 53.39 Membership Dues 999.98 Miscellaneous 0.00 OBIA Annual Conference 0.00 OBIA Membership 199.00 Office Expenses (Print &Post) 0.00 Telephone 0.00 Total Administration 3,061.11 Casino Shuttle Total Casino Shuttle 0.00 0.00 0.00 Allocation Surplus Funds toRe... Battlefield Archway 0.00 0.00 0.00 General Reserves 0.00 2,365.00 2,365.00 Montrose at Lundy's Lane Project 0.00 0.00 0.00 Web Site Development 0.00 West End Gateway 0.00 0.00 0.00 Total Reserves 0.00 2,365.00 2,365.00 TOTAL EXPENSE 5.939.80 282,850.00 276,910.20 NET INCOME 270,672 40 0.00 270,672.40 Lundy's Lane BIA General Ledger Report 1/1/2009 to 2/24/2009 Page 1 Debttg Credits Balance 1010 Bank CIBC #57 -02712 122,397.27 Dr 1/12/2009 Canadian Tods Limited:... 170 J1 482.58 121,91469 Dr 1/12/2009 Butterfly Communication... 171 J2 18.62 121,896.07 Dr 1/12/2009 Vaxxine.com: #55269404 172 J3 157.50 121,738.57 Dr 1/12/2009 Canada Post: #No,26,008 173 J4 131.25 121,607.32 Dr 2/2/2009 Butterfly Communication... 174 J5 18.62 121,588.70 Dr 2/2/2009 Answerplus: #27659 175 J6 133,33 121,455.37 Dr 2/2/2009 Victor Ferraiuolo Constul... 176 J7 3,344.25 118,111.12 Dr 2/2/2009 Rigid Signs: #INV2357 177 J8 2,094.75 116,016,37 Dr 2/2/2009 C.I.B.C: 114500- 0500 009... 178 J9 208.96 115,807.41 Dr 224/2009 Butterfly Communication... 179 J13 10.62 115,788.79 Or 224/2009 Answerplus: #27659 180 J14 154.44 115,634.35 Or 1/31/2009 To Rec. Bank Fees Bkstmnt J16 4.00 115,630.35 Dr 1/3102009 To Rec. Bank Fees Bkstmnt J16 2.00 115,628.35 Dr 1/31/2009 To Rec. Bank Fees Bkstmnt J16 0.16 115,628.19 Dr 1015 Bank-CIBC Bonus Saving#29-51339 1/31/2009 To Rec. Savings Interest Bkstmnt Budget 0.00 6,769.08 320,362.79 Dr J15 612 20 320,974.99 Or 612.20 0.00 Difference 2,000.00 1,946.61 1,105.00 105.02 650.00 650.00 2,000.00 2,000.00 225.00 -26.00 400.00 -400.00 250.00 250.00 52,740.00 49,678.89 1030 GIG Certificates CIBC 30,706.91 Dr 1200 Accounts Receivable O'Canada Eh 2007 Billboard 911.60 Dr 6 Lundys Lane BIA Balance Sheet As At 2/24/2009 Page 1 ASSETS CURRENT ASSETS Bank CIBC #57 -02712 Bank -CIBC Bonus Saving #29 -51... GIC Certificates CIBC Total Chequing/Savings Accounts Receivable Total Cash Available Other Current Assets Due from City of Niagara Falls Interest Receivable Due from Operating Fund Total Other Current Assets LIABILITIES Current Liabilities Gst (Input) Accrued Expenses Due to Reserves Total Current Liabilities EQUITY Equity Retained Earnings Previous Year Current Earnings Reserves General Reserves Archway Reserves Montrose at Lundys L... Reserves BRAG Fund 2008/09 Reserves West End Gateway Reserves Web Site Development Total Reserves Total Equity 115,628.19 320,974.99 30,706.91 280,484.79 0.00 000 67,056.46 0.00 20,000.00 467,310.09 911.60 468,221.69 276,000.00 397.58 367,541.25 643,938.83 TOTAL ASSETS 1,112,160.52 14,886.95 1,800.00 367,541 25 354,454 30 TOTAL LIABILITIES 354,454.30 119,492.57 270,672.40 367,541.25 757,706.22 TOTAL EQUITY 757,706.22 LIABILITIES AND EQUITY 12,160 52 New Business Mian Hamid said that Lundy's Lane businesses need relief from property taxes due to the downturn in both Canadian and American economies. Everyone is hurting. We are loosing customers from both countries. At the Al Star in their occupancy goes down every year 30 People are not coming to Niagara Falls. Can the BIA approach City Hall on behalf of all our members to reduce taxes? Paul Palumbo believes that this approach is highly unlikely to succeed based on his experience. Another property has already approached the City and they cannot help. Note, the City only gets 27% of our taxes. Mayor Ted Salsi has said that there will be no residential property tax increases for 2009. MPAC sets the value of properties. Other members pointed out that individual properties appealing property taxes through MPAC (forms are available on their website) are unlikely to achieve any reduction and could result in an increase. Note the deadline is the end of March. John Palumbo pointed out that vacant commercial properties can apply for a rebate but apparently this does not apply to hotels /motels. Note the deadline is February 28th. A group approach will be stronger and more effective. It is possible to hire a consultant to research all economic factors in relation to property taxes and be paid a percentage of the savings. Mian also asked if the BIA can help members get consideration for loans from the banks who have a policy to refuse motels in Niagara Falls. It was suggested that the BIA finds out if there are federal or provincial loans available for business improvements. Victor will research both of these options and bring the results result to the Board. Paul Bongers said that the BIA should still contact the City on behalf of the members. It is not only Queen Street in trouble. We need help and they City must get involved. Tish said that it is important for the BIA to work together as a group. We have to help ourselves. Each property must keep itself clean and tidy and better itself. All members should make themselves aware of and participate in BIA activities. One voice is small. Together we can accomplish a lot. Veena suggested we invite a representative from the City to attend the next Board meeting to discuss property taxes. However the group feels that it is important to first be prepared with substantiated facts and an action plan rather than anecdotal generalities. Motion by Veena to close the meeting. Seconded by Hilary and carried unanimously. 8 FC R C,;y C° c/ TAX PAYER 5900 BRITANNIA CRES, NIAGARA FALLS, ON L2G 1C3 TO- MAYOR, HON. T. SALCI, CITY, NIAGARA FALLS, ON RE— EXTENSIVE WORK REPLACEMENT OF WATER PIPE ALONG ENTIRE BRITANNIA CRES, NEEDED WORK.? DEAR SIR, DURING THE PAST TWO MONTHS I HAVE SENT A LEI I ERS TO TWO CITY OFFICES ASKING FOR EXPLANATION REGADING THE NEED FOR ABOVE EXTENSIVE WORK, SINCE MANY RESIDENTS ARE VERY CONCERNED. THEESE KIND OF PIPES USUALLY LAST HUNDREDS OF YEARS. BOTH OF MY LEI IERS WERE IGNORED. PLEASE INVESTIGATE THE REASONS FOR ABOVE WORK ,SINCE MANY RESIDENTS ARE CONCERNED ABOUT PROPER USE OF TAX PAYERS MONEY. SOME RESIDENTS HAD ENTIRE DRIVEWAY RESURFACED BY CITY CREW USING CITY MATERIAL AND MOST DRIVEWAYS ARE LEFT DAMAGED WHICH DEVALUES THE PROPERTY. I PLAN TO INFORM CITY COUNCIL MEMBERS OMB AND MEDIA ABOUT THIS WORKS. THANK YOU FOR YOUR HELP.. SINCERELY. P.S. 17 Feb. 09. So far not a single office from letters.. I have learned that the city subcontractor the entire length of Britannia eres, Stevensville store. Please investigate and present this case to Thank you. the City Hall responded to my who did part of the work along lawn service is actually a liquor City Council meeting. Mr. Vladmir Vasic 5900 Britannia Crescent Niagara Falls ON L2G 1C3 Niagaraj7alls February 24, 2009 Dear Mr. Vasic: Re: Brittania Crescent Watermain Replacement Thank you for your inquiry related to the major project noted above. Please find attached a response on the various issues you raised. As you will notice from our Municipal Works division, the sidewalk was reinstalled as per the survey information. The rationale as to why the watermain was replaced at this time is because of the type of pipe and the need for delivery of effective water flow for Fire Protection purposes, which I am sure you can appreciate. Staff recommended Brittania along with other areas of the City based on the most pressing needs and I am sure your street will be better served as a result of the improvements. Municipal Works staff also points out that the project is under warranty, therefore, we can get the contractor to repair any deficiencies. Staff is also available to meet with you on -site to address any other concerns you might have. On behalf of the corporation, I would like to apologize that you did not receive a written response to past letters; however, staff did talk to you on two occasions as a result of concerns raised in your past correspondences. Nonetheless, if you have future correspondences, feel free to send them to the undersigned and I will ensure a timely response. Finally, your correspondence and my response will be provided to City Council for their information. Si can lo City CI c. His Worship Mayor Ted Salci.. Members of Council Geoff Holman, Director a "ipal Works Kent Schachowskoj Y e anager k R02 S ueete.0 Box.702u Ni Falls ON Canada L2E 6X5 905- 356 -7521 wwwmagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks Ext 4271 Fax 905-356-9083 diorfida@ n lagarafalls.ca 74351 Ontario Inc. 5459 Portage Road Niagara Falls, ON L2G 5Y1 Attention: Mr. Vladimir Vasic, Owner N iagaraJalls C A N A D A February 19, 2009 RE: 5459 Portage Road and 5900 Britannia Crescent Complaints regarding Watermain Replacement Construction Activities in 2008 I have been asked to respond to the various issues you have raised in letters of' complaint (copies attached) sent to the City of Niagara Falls with respect to the above noted addresses. As you are aware, the old watermain on the entire length of Britannia Crescent was replaced during the summer and fall of 2008. I will attempt to address each of the issues raised in your correspondence: Illegal Land confiscation along north side of5459 Portage Road and movement of sidewalk 2 metres onto your property. The replacement watermain was installed in the south boulevard on Britannia Crescent which necessitated some sidewalk replacement work. The sidewalk was reinstated in the same location as existed pre- construction. Based on our survey information, this work was all completed within the municipal road allowance for Britannia Crescent. You raise a number of issues with respect to quality of construction including the removal of posts on either side ofyour driveway entrance and the height of the water service shut off valve at your property line. To the best of my knowledge, these matters have all been addressed by the contractor. If there are any outstanding concerns in this regard, I would be pleased to meet with you on -site to discuss them in detail. Although the construction work is completed, the contractor's warranty period for the work extends into the latter part of this year. We will have City inspection staff returning to the site in the spring to review the area and identify any construction deficiencies that the contractor is to rectify. You question the need for the work and raise issues with respect to driveway restoration work during construction. Based on our records the original watermain was constructed in 1958. The typical life cycle for a watermain pipe is on the order of 75 years. However, cast iron watermains constructed in the post second world war period have, in our experience, only been achieving a life span more in the order of 60 years. In this case the watermain was identified for replacement mainly due to concerns regarding delivery of effective flows for Fire Protection purposes.`he`hydrant flow issue was identified during the City's regular program of Hydrant e mg and was likely due to the watermain on Britannia Crescent being on a dear 6s'lieposits tend to build up on the interior walls 6Ou e� StilettrPOBox1023 NiagaraFalls ON Canada L2E 6X5 905356 wwwniaga Working Together to Serve Our Community Community Services Department Municipal Works E t 4336 Fax 905-356-2354 kschachowskoJ@ n lagarafa I Is.ca 2 watennain pipes that don't have regular circulation (like on dead end systems), reducing the flow carrying capacity of the pipe. With regard to driveway restoration, the contractor would have been responsible to reinstate those areas where the driveway was disturbed due to either the watermain replacement activities or the replacement of the individual water services up to the property line. If there are specific areas where the restoration work is not to pre- construction conditions, these areas will be identified for action by the contractor as part of their required deficiency clean up work. I trust this is sufficient for your purposes. Please feel free to contact me if you have any other questions or concerns. As noted above, I would be happy to meet with you on -site to discuss your concerns in detail. We have a photo record of pre construction conditions that can be referenced for comparison purposes. Yours truly, Kent Schacho Project Man C: \Documents and Settings \di202 \Local Settings \Temp\XPgrpwise\Letter to Vasic re complaints Feb 19 2009.wpd i Opening Balance Jan 01 (surplus) deficit EXPENDITURES Englneedng Fees Design Studies tend Building l Fumiture Equipment ConsWCllon 'TOTAL EXPENDITURES EI INDING SOURCES R F u n ds Debt ot her Category 2 Department M Project Name Water main Re Project l.D. W 3 acement P G 2- 1 Dawlish,.Bd 30003 -030000 nia 11 h. Dela e, Baldwin, Mulhem unid Project Description 2000 Roos TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus)! denat as Road Storm Sewe Wale Sanitary Sewers Sitewufk Landscaping Contingency Other Stabilization Program Specific Vehide/EquIpmen Building/Facility Water Capital Corporate Development Charge EylemaI Contributions Provincial/Federal Gran Local Improvements al Works CURRENT BUDGET of Se •t. 30/07 YEAR 2007 786, 970 YEAR 2008 Capital Bud 3,429,433 YEAR 2009 et Financial Form 0 ATER c Welland, Cadham YEAR 2010 _.en r,.mnleted.cow 0 nn, Fourth YEAR 2011 0 Growth urec g an g Project New Initiatives Q YEAR 2012 0 80 274Un438, 393:211' 0 Jim Gazley Presid (905) 354-6766 C.C. City Council Members Jun Diodati Shit ley Fisher Carolynn Ioannoni Vince Kerrio Bart Mayes Victor Pietrangelo Wayne Thomson Janice Wing F LL' ut.ERits i r nf t q =i i February 18, 2009 To: Mayor Ted Salci and City Council From: S.O.A.R. Chapter 18 U.S.W. Steelworkers Organization Active Retirees Re: Jolley Cut Path leasing arrangements with Canadian Niagara hotels. Our members would like to raise the following concerns of leasing Jolley Cut Path to Canadian Niagara Hotels. 1. Should be an open forum on lease once the Canadian Niagara Hotels has drawn up its proposal. 2. This would allow the public to see what construction of the hotel would affect the path and how entrances to the hotel will be used to the path. 3. The length of the lease and polieing of lease and what penalties would apply for non compliance. In closing, the general public should have questions answered prior to any lease signing. On behalf of S.O.A.R. Chapter 18 U.S.W. George Teal- V e President &Recording Secretary (905) 374 -0798 Mailing Address- S.O.A.R. Chapter 18 U.S.W. c/o George Teal 7404 Sandy Court Niagara Falls, ON L2G 7R3 S.O.A.R. Chapter 18 U.S.W. c/o Mr. George Teal 7404 Sandy Court Niagara Falls ON L2G 7R3 Dear Mr. Teal et al: Re: Jolley Cut N iagaraJalls C A N A D A March 2, 2009 Thank you for your letter regarding the Jolley Cut. The correspondence will be provided for City Council's information. A point of clarification: a lease of the Jolley Cut with Canadian Niagara Hotels (CNH) is not being contemplated. As the attached report indicates, CNH would like to lease the Robinson Street cul -de- sac, as they have approval for a hotel site at the base of the street. For consideration of the lease, CNH has proposed that they will undertake needed improvements of the Jolley Cut. A formal proposal has yet to be submitted. CNI-I, understandably, did not want to proceed and invest money in the proposal if there was no desire on the part of Council. Please be assured that the approval of any lease will happen in an open and transparent manner in compliance with the Municipal Act. c. His Worship Mayor Ted Salci Members of Council Sincerely, Dean orfida City Clerk 0¢$6x1323 Nragaia Falls ON Canada L2E 6X5 905 356-7521 •ww'wniagarafalls ca Working Together to Serve Our Community Corporate Services Department Clerks Ext 4271 Fax 905 356 -9083 diorfida @niaga rafalls.ca March 9, 2009 F- 2009.10 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -10 Tax Receivables Monthly Report RECOMMENDATION: For the information of Council. BACKGROUND: NiagaraJalls The City of Niagara Falls is entrusted with the collection of taxes for the Regional Municipality of Niagara and the various school boards in addition to collecting the City's property taxes. The Finance Division recognizes the changes in the economic environment of the Province and in our municipality, and expect these conditions will have an impact on collection activities. In previous business cycles such as these, the City has experienced an increase in tax receivables. This has potentially negative consequences for the City's cash flow management. Although staff has historically provided quarterly summaries of tax receivables, Council has requested more timely information on the successfulness of the City's collection efforts. This report has been developed to fulfill this requirement. At the end of 2008, the tax receivables totaled $18,301,154. During the month of January, $327,599 was collected and penalties of $403,792 were charged to those accounts. Thus, the balance at January 31, 2009 was $18,377,347. The chart below provides the breakdown of tax receivables by property class. pekStreetjpO Box 1023 Niagara 'FaIIs "Canada.L2Ei6X5, 90.5=.3:5 .wwwniagarafalls:ca Working Together to Serve Our Community Corporate Services Department Finance March 9, 2009 2 F- 2009 -10 Residential $7,084,160 38.55% Multi- Residential 92,714 0.50% Commercial 10,290,981 56.00% Office Buildings 1,787 0.01% Parking Lots 115,588 0.63% Shopping Centres 104,833 0.57% Industrial 497,088 2.70% Large Industrial 174,231 0.95% Farmlands 14,824 0.08% Managed Forests 1,141 0.01% Total Arrears $18,377,347 100.00% Finance staff follows a series of formalized steps to collect tax receivables. This process includes notices and direct contact. Once a property falls three years behind it becomes subject to tax registration. Staff follow additional collection actions at this time. This is an annual process and a new cycle commenced December 31, 2008. The following comments outline the activities during January. At January 1, 2009, 364 properties were subject to registration. Of the 364 properties, 104 properties have payment arrangements on file. Two hundred and sixty first letters were mailed, requesting payment in full or payment arrangements. Out of the first 241 first letters, 133 properties have either paid in full or made payment arrangements and 108 second letters have been mailed. Out of the first 26 second letters, 12 properties have either paid in full or made payment arrangements and 14 properties have been sent for title searches. Once the title search is completed, mortgage companies are notified of the delinquent taxes and payment arrangements are requested. Final step, Farm Debt Letters and Final Notices are issued to the owners indicating that the property will be registered. Finance staff continues to make every effort to get these delinquent accounts paid in order to avoid the registration process and the associated costs. The final step in the collection process is tax sale. This action follows a minimum period of one year once a property is registered. For administration efficiency, staff schedules tax sales twice a year. At January 31, 2009, 46 properties ($916,816 in outstanding taxes) have been registered. Twenty -four properties ($614,712 in outstanding taxes) are scheduled to go to tax sale in November 2009 and 22 properties are scheduled to go to tax sale in May 2010 if payment in full is not received. Recommended by: Approved by: Todd Harrison, Di ector of Finance Ken Burden, Executive Director of Corporate Services March 9, 2009 MW- 2009 -07 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagarajalls C A N A D:\ Re: MW- 2009 -07 Easement Agreement with Niagara Peninsula Energy Inc. (NPEI) Former Railway Lands (between Ferry St. and Robinson St.) That Council direct staff to prepare an Easement Agreement with Niagara Peninsula Energy Inc. to allow for the construction of underground hydro electric services within a portion of the former railway lands owned by the City of Niagara Falls. That the Mayor and City Clerk be authorized to execute the agreement. BACKGROUND: Municipal Works staff has received a request from Niagara Peninsula Energy Inc. (NPEI) to construct an underground hydro electric line along the westerly boundary of the former railway corridor (Grand Boulevard) in order to establish adequate distribution linkages within their system and to provide power to new development proposed in this area. Normally utilities like Hydro are entitled to be located within a municipal road allowance however the subject lands are not dedicated as a Public Highway and therefore require an easement. While the City's intentions regarding the permanent use of the former railway lands have not been determined, the Easement Agreement will contain provisions that will protect the City's future rights in the event that they are required for any other municipal purpose or sold as a result of being declared as surplus by City Council. The standard Easement Agreement will be prepared including provisions for a payment in the amount of $5,000 for the rights to locate its utility plant on the subject lands. Attached is a copy of the draft Reference Plan showing the approximate location. ,4310 Queen Stree Ca4s �rT:a O Box;t023 ^NiagaralFalls ON-Canad4112E6X5 7521 wwwmagarafalls:ca Working Together to Serve Our Community Community Services Department Municipal Works March 9, 2009 2 MW- 2009 -07 Recommended by: Approved by: Attach: Geoff Holman, Director ojMunicipal Works Ed Dujlovic, Ex Director of Community Services March 9, 2009 MW- 2009 -09 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -09 Stanley Avenue North Storm Sewer Cost- Sharing Payment RECOMMENDATION: Ni.agaraJalls That Council authorize staff to remit payment to the Region of Niagara in the amount of $123,146.65 (including GST) for the City of Niagara Falls share of the Stanley Avenue North Storm Sewer Oversizing. BACKGROUND: In 2005, the Region of Niagara undertook the reconstruction of Stanley Avenue (Townline Road to Whirlpool Road) and the intersection of Stanley Avenue and Thorold Stone Road in preparation for the new hydro tunnel project. The project included the widening and upgrading of the roadway which included the replacement of open ditches with a storm sewer. The Region policy is to design the sewer system oversizing to accommodate drainage from adjacent lands would become the responsibility of the area municipality. Staff have received an invoice for the City's share of this work in the amount of $123,146.65 (including GST) and are seeking authorization to make this payment. The funding for this project has not been identified in any of the previous Capital Budgets and as a result this expense will need to be accommodated from the 2009 Capital Budget. In the past the $1,000,000 has been transferred from the Operating budget to the Capital Budget for storm sewer projects (Account #11-3-421000-080002) and although our Capital Budget has yet to be finalized this payment should be considered as a priority on the basis of the commitment made previously. 310 Queen 5t t PO Box1023 Ni gaga Falls ON Canada l2E 6X5 ,905-356 7521 wwwniagarafalls ca:, Working Together to Serve Our Community Community Services Department Municipal Works March 9, 2009 Recommended by: Respectfully submitted: 2 Geoff Holman, Director of Municipal Works Ed Dujlovic, Exe e Director of Community Services V:12009COUNCIL12009 03 091MW- 2009 -09 Stanley Avenue North Storm Sewer Cost Sharing Payment.wpd MW- 2009 -09 March 9, 2009 Niagara el Region February 27, 2008 Mr. Ed Dujlovic, P. Eng, Executive Director of Community Services City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Dujlovic: Contract 11N 05-28 Reconstruction of Regions! Road 102 (Stanley Avenue) Between Whirlpool Road and Highway 405 And Intersection Improvements 00 Regional 102 (Stanley Avenue) At Thorold Stone Road And Road' Improvements on Portage Road in the City of Niagara Fall Our 0.01.04 77102 We are in the process of closing out a number ofprojects and as such we are ttying to reconcile the account for the above mentioned contract. Enclosed please find a copy of the cost sharing summary and detailed breakdown of the items that were either shared or constructed on behalf the City of Niagara Falls under this contract. The total cost to the City is 5115970:89. Vour share of the cost of -thee project includes engineering design, contract administration and inspection, materials quality assurance testing and ancillary services (i.e. in -house engineering and eonsbucton, advertising, etc.) as itemized below. A copy of Progress Payment Certificate No. 13 and related Change Orders are attached for your reference: By copy of this Ietter, we are requesting our Corporate Services Department to invoice the City of Niagara Falls, attention Mr. Geoff Holman, in the amount of $117,282;52; plus applicable taxes. Should you have any questions regarding the work undertaken or the cost sharing breakdown, please do not hesitate to contact the undersigned. Yours toil John Rizzo, C.E.T. Project Manager TransportationEngineering JR/aw Enclosures. c G Wagamar, UEM M. Roach. Manager Public Wald Financial Services, 0 Holman, Cay of Niagara Fills LVOnoU4tcn \200ff2008 -03-04102cm'shve Du.Rovic.doc Building Community. Building lives. 3 MW- 2009 -09 PUBLIC WORKS Transportation Services 2201 St Oavid'sRoad, P 0 Box 1042, There'd, ON L2V 417 Tel .005685-1571;Toll -free:1 -800 -263 -7215 Fax 905-685-0013 www regional magara.on ca March 9, 2009 Jun. Niagara' r Region Inquires: Call Mang at (005).685 -1S7t, extension 32aS OSTM R1221s1eee Invoice Copy Bill To: City of Niagara Falls Attn: Accounts Payable PO Box 1023 Niagara Falls ON Description (tern Attention: Mr. Geoff Holman INVOICE 1.00 EA 105;428.0800 To invoice for: Construction Final cost sharing for storm sewers an RR102 (Stanley Ave) INVOICE 1.00 EA 10,542.8100 To Invoice for: Engineering Inspection Fine! cost sharing for stone sewers onRR102:(Stanley Ave) INVOICE 1,00 EA 1,311:6300 To invoice for: Ancillary Services Final cost sharing for storm sewers an RR102 (Stanley Ave) GST Goods and Service.; Tax Jon IL:norm vJ rUKAlt 5tRYLUt$ City of Niagara Falls Attn: Accounts Pay Jply Zp09 PO Box 1023 AN Niagara Falls ON L2,. i -4 Date 2008 03.19 117,282.52 s Aa biii Terms: Due In 30 Days rule Date; 2008 -04 -18 P.O. RR102 RN05.28 Total Due: A 4> ,f c e -7 fzV S yan-txte _S k "A Pie make cheque payable to. 1 :1 uB1ar VI Region CITY OF NIAGARA FALLS APPROVED Invoice 271679 Unit Price Net Value 0:0500 The Reglanal Munklpalay 01 Niagara Forward paymentto: 2201 St. David's Rd., PO. Box 1042, Thorold, ON L2V 4T7 Or Make payment at any Rnanelel Institution PLEASE RETURN THIS PORTION W TH YOUR PAYMENT 2008-03 -19 000179100 I 271879 12 MW-2009-09 Page 1of 105,426.08 10,542.81 1,311.63 5,864:13 123,148.65 March 9, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraj1aIls CANADA Re: R- 2009 -11 Award of Concession Operations and Services: Gale Centre. R- 2009 -11 That Council approve the award of the concession operations and services at the Gale Centre to FRT Hospitality for a period of three (3) years, with the option to renew for a (2) two -year period; and That the Mayor and Clerk be authorized to execute the agreement. The Request for Proposal (RFP) for Restaurant/Concession Operations Niagara Falls 4 Pad Arena Complex closed on November 22, 2007. The RFP had outlined that food beverage services consisted of a 2n floor restaurant and a 1' floor concession. The combined square footage on both floors was approximately 5,200 square feet. The only proposal received was from FRT Hospitality, a local firm that operates Johnny Rocco's Italian Grill, amongst other establishments. On April 14, 2008, report R- 2008 -15, Space Reductions in Response to Increased Arena Size and Costs, outlined that in consultation with the user groups and community stakeholders, attempts were made to accommodate a variety of space requests. As a result, a list of potential cost reductions was prepared and approved, including the elimination of the 2n floor restaurant. In light of the lone bidder, staff had some flexibility in negotiating with FRT Hospitality. The company was agreeable to the change in size of the concessions. Staff also feels that a revised RFP would have been unlikely to lead to other bidders. The rent negotiated with the proponent $21.00 per square foot ($42,756 per annum) plus GST and 3% paid on all sales over $400,000 net. Annual property taxes and hydro will be additional costs for the concession operator. The terms are in line with the operating projections. 71501/44ontrose Road Unit 1kNiagara Falis OMCanada L'2H 3N3 '905-356-7521 www.riiagarafalls.ca ice. r 3 Working Together to Serve Our Community Community Services Department Parks, Recreation Culture March 9, 2009 R- 2009 -11 The concession space now provides a total square footage of approximately 2036, and the flexibility to allow food beverage services in key location spaces like the Niagara Falls Memorial Community Room (for tournaments, special events, or a day to day blue line room service), as needed or requested by users. Additionally, about 1500 square feet of space can be dedicated for licensed services (akin to a temporary blue line room) within the main 2030 seat spectator pad on the 2n floor. CONCLUSION: Staff has worked with the lone proponent, FRT Hospitality, in light of the revised specifications for concessions. Enhanced concession services that include a "healthier choices" menu, dedicated licensed areas and special event food beverage services for tournaments will ensure that our arena users' food beverage needs will be met at the Gale Centre. Recommended by: Approved by: or of Parks, Recreation Culture Ed Dujlovit;! Executive Director of Community Services V:12009COUNCIL12009 03 091R- 2009 -11 Award of Concession Operations and Services at the Gale Centre.wpd March 9, 2008 TS- 2009 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: NiagaraJalls Re: TS- 2009 -19 Transportation Study and Master Plan Consultant Selection RECOMMENDATIONS: 1) That the Request for Proposal P31 -2008, for the undertaking of a Transportation Study and Master Plan is awarded to AECOM at an upset limit of 427,500. 2) That an additional $17,000 be allocated for contingency for data collection costs. 3) That the Clerk and the Mayor be authorized to execute the necessary agreement. Transportation Services has initiated an update to the Transportation Study and Master Plan in accordance with Council's Strategic Priorities 2007 -2010 "Develop and implement a comprehensive transportation plan The plan will provide a vision for future transportation, consistent with community values and a plan to achieve the vision in a sustainable manner addressing all modes of transportation. It will build upon strategies, goals and principles adopted by federal, provincial (Places to Grow, Growth Plan for the Greater Golden Horseshoe), Regional (Growth Management Strategy Niagara 2031) and local documents (Transit Master Plan and Ridership Study, Growth Management Strategy, Official Plan) integrating land use planning with transportation planning initiatives to form the basis of the Transportation Study and Master Plan. An "Expression of Interest" for undertaking the Transportation Master Plan Study was submitted to consultants in early 2008 with a response from five (5) consultants. The project team, comprising city staff from Transportation Services, Municipal Works and Planning, as well as Niagara Region staff from Transportation Systems evaluated the submissions and selected three (3) of the consultants to submit full proposals in December 2008. The short- listed consultants were AECOM, Delcan and IBI. Upon reviewing the t tr� 4 310 Queen!street Po Niagarafalls ON "Canada L2Ei6X5 ,905 -356 7521' wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services March 9, 2009 three (3) proposals, the project team excluded the IBI proposal as it did not adequately address their understanding of local issues that are considered to be an essential component to the development of the strategic plan. Both AECOM and Delcan demonstrated considerable knowledge of local issues, as was reflected in their proposals, likely due to their involvement in previous and current consulting assignments within the city and the Region. These two (2) consultants (AECOM and Delcan) were interviewed prior to selecting the preferred consultant. The proposal evaluations were based on various factors: strength of the consultant team knowledge of local issues proposal costs innovation and study approach level of public engagement and public input methodology level of effort and allocation of time for various tasks project schedule relevant experience with other project The proposal bids received are: 2 TS- 2009 -19 AECOM (St. Catharines) 427,450 ($379,010 without financial review) Delcan (Niagara Falls) 374,825 Following the interviews, the team selected AECOM as the preferred consultant based on their innovation and study approach, public engagement and input methodology, allocation of time for specific tasks, and specifically the strength of their proposed team and the extent of the economic evaluation to be undertaken. AECOM included as a sub consultant, Watson Associates, to provide an economic assessment/overview of the final Transportation Master Plan whilst identifying available funding options and strategies. This will be an iterative process as the team will be evaluating and performing economic sensitivity testing of potential scenarios to ensure the final plan is feasible and viable. Also, Watson Associates is providing consulting services to both the City and the Region for the Development Charges Bylaw and is currently a team member involved in the People Mover project. The consulting firms experience, knowledge, and expertise are considered as a value -added component for the project. AECOM's proposal is $52,625 greater than Delcan, however, $48,440 of this is attributed to Cam Watson Associates' economic evaluation. Delcan's proposal did not include a specialized team to evaluate the economics of the project. Funding will be incurred over a 3 -year period and drawn from reserves, development charges, capital budget 2009 -2010 and an external source, Niagara Region. Niagara Region has expressed an interest in actively participating on the committee, and is willing to provide various resources toward the development of the Plan throughout the duration of the study, ie. data, policies, TransCad model. The Region has agreed to contribute financially toward the project, and has committed $50,000 for 2009, and an additional $50,000 (in principle subject to Council approval) in 2010/2011 for a total contribution of $100,000. March 9, 2009 Funding: Recommended by: Approved by: M.Carrick Transportation Master Plan (SPR 287) 100,000 Development Charges 172,250 2009 Budget 36,125 2010 Budget 36,125 External Contributions Region 2009 Budget 50,000 2010 Budget 50,000 3 TS- 2009 -19 Karl Dren, Di or of Transportation Services S\General AdministrationlGA 1.01 Reporls12008 Council \03 Mar 9\TS- 200919 Transportation Study and Master Plan.wpd Ed Dujlovic, Executive Director of Community Services The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor ;4 N��III�E s CA _DA N IA64 A FA!- WHEREAS the Rural Economic Development (RED) Program is a community development initiative that helps rural communities remove barriers to community development and economic growth and develop the tools and flexibility they need to become strong rural communities; and WHEREAS one of the priorities of the RED program is community (downtown) revitalization; and WHEREAS municipalities with a population less than 100,000 may apply for the RED program; and WHEREAS the RED program may provide Provincial funding of between 50 to 90% of a project's eligible costs; and WHEREAS the proposed project staff will put forward is Downtown Streetscape and Beautification Project (hereinafter known as the "Project and WHEREAS after the submission of a pre- proposal, the Ministry of Agriculture, Food and Rural Affairs has recommended the municipality submit a formal application for consideration; and WHEREAS the Regional Municipality of Niagara has committed $100,000 to the Project through their Public Domain Incentives Program; and WHEREAS Niagara Falls City Council approved an application to the RED program as recommended in PD- 2009 -14, Proposed Streetscape and Beautification Improvements for Queen Street, at their February 23, 2009 meeting; and WHEREAS the approval of this resolution is formalizing Council's previous approval. THEREFORE BE IT RESOLVED that Niagara Falls City Council approves an application to the Rural Economic Development (RED) Program for the Downtown Streetscape and Beautification Project. 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. 2009 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third part ies for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this ninth day of March, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 9, 2009. March 9, 2009. March 9, 2009. Parking By -law Enforcement Officers: Beth Angle Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desonneaux Bob DiGirolamo Larry Downing Hanya Goforth Kevin Howe Les Jarvis Erroll Kettell Norm Leonard David Lewis John MacLeod Rob McDonald John McPherson Kerri Michaud Kathy Moldenhauer Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell Chris Seabrook David Smith Gary Statchura Amanda St Laurent Matt Vandervelde Jana Vermeulen SCHEDULE "C" Sue Wheeler Brenda Wylie CITY OF NIAGARA FALLS By -law No. 2009 A by -law to establish Block 287 Plan 59M -354 as a public highway, to be known as and to form part of Kelsey Crescent, WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 287 Plan 59M -354 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 287 Plan 59M -354 that is hereby established as a public highway, be known as and form part of Kelsey Crescent. Passed this ninth day of Nlarch, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 9, 2009. March 9, 2009. March 9, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to establish Block 288 Plan 59M -354 as a public highway, to be known as and to form part of Parkside Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Block 288 Plan 59M -354 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 288 Plan 59M -354 that is hereby established as a public highway, be known as and form part of Parkside Road. Passed this ninth day of March, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 9, 2009. March 9, 2009. March 9, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9 day of March, 2009. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 9t day of March, 2009 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 ninth day of March, 2009, DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 9, 2009 March 9, 2009 March 9, 2009