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2009/03/23COUNCIL MEETING Monday, March 23, 2009 Order of Business and Agenda Package PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of March 9 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. Public Meeting AM- 2008 -013, Official Plan and Zoning By-law Amendments, Elgin Industrial Area Cytec and Buttrey Street Areas, Proposed Addition of a Tourist Commercial Outlet Mall by Cross Link Bridge Corporation. Background Material: Recommendation Report: PD- 2009 -15 AND Correspondence from the Niagara Region Correspondence from Clint Wood Correspondence from HPBH Correspondence from Donna Rose COUNCIL MEETING March 23, 2009 PLANNING MATTERS 2 Public Meeting AM- 2009 -003, Zoning By-law Amendment Application, 4001 Weaver Road, Applicant: Gary Landry, Proposed Tourist Home Background Material: Recommendation Report: PD- 2009 -24 -AND Correspondence from the Niagara Region Background Material: Recommendation Report PD- 2009 -28 -AND Correspondence from the Niagara Region Public Meeting AM- 2008 -36, Zoning By -law Amendment Application, 4256 Portage Road, Applicant: City of Niagara Falls, Recognition of an Existing Parking Area. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Brian Sinclair request for Council to reconsider its decision to support the recommendation to appeal the Committee of Adjustment decision on 6341 Schisler Road. RECOMMENDATION: For the consideration of Council. 2. Downtown BIA request for Council to approve the annual BIA budget. -AND Various opposition letters. NOTE: There will be deputations related to this communication RECOMMENDATION: For the consideration of Council. -3- 3. Field User Fees a couple e-mails regarding the Field User Fees. RECOMMENDATION: For the information of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CORPORATE SERVICES MATTERS Staff will make a presentation on the status of the Operating Budget and an introduction to the Capital Budget. 1. Chief Administrative Officer F- 2009 -07 Schedule of Fees 2. Chief Administrative Officer F- 2009 -11 Payments in Lieu of Property Taxes Report 3. Chief Administrative Officer CD- 2009 -05 Reserve Funds 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 -13 Municipal Accounts MW- 2009 -12 Historic Drummondville CIP Area, Capital Works Improvement Program Funding MW- 2009 -14 2008 Water Distribution Subsystem Annual and Summary Report R- 2009 -07 Contract forthe Supply& Installation of a Public Washroom Building and Site Works at Patrick Cummings Memorial Sports Complex PD- 2009 -17 -AM- 06/2006, OPA No. 68, 5471, 5491 and 5507 River Road, 4399 4407 John Street and Vacant Lands on the west side of River Lane between John Street and Phillip Street. Applicant: O.R.E. Development Corp. Repeal of Adopting By -law for OPA No. 68 PD- 2009 -26 SWC- 2009 -001, Sidewalk Cafe Licence Agreement, Mide Bistro, 4337 Queen Street. TS- 2009 -10 Transit Agreement with Niagara College BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -41 A by -law to amend By -law Nos. 79 -200 and 2001 -134, to permit site works within EPA zoned lands for erosion control and slope stability subject to a permit from the Niagara Peninsula Conservation Authority. (AM- 2008 -004) 2009 -42 A by -law to repeal By -law No. 2006 -126 which adopted Amendment No. 68 to the City of Niagara Falls Official Plan. (OPA No. 68) 2009 -43 A by -law to establish Part 3 on Reference Plan 59R -13875 as a public highway, to be known as and to form part of Dorchester Road. 2009 -44 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. 5 2009 -45 A by -law to establish Part of Township Lot 217, Stamford, being Part 1 on Reference Plan 59R -13927 as a public highway, to be known as and to form part of Kister Road. 2009 -46 A by -law to require owners of residential dwelling units, hotels, and boarding, lodging or rooming houses to install and maintain carbon monoxide warning equipment in buildings. 2009 -47 A by -law to authorize the payment of $16,350,361.64 for General Purposes. 2009 -48 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited) Kalar Road, McLeod Road and Oxford Street. 2009 -49 A by -law to authorize the execution of an Agreement with the Courchesne Family respecting the Adopt -A- Street public service program for volunteers. 2009 -50 A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 2009 -51 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23 day of March, 2009. NEW BUSINESS March 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaiaJ7alls Re: PD- 2009 -15 AM- 2008 -013, Official Plan and Zoning By -law Amendments Elgin Industrial Area Cytec and Buttrey Street Areas Proposed Addition of a Tourist Commercial Outlet Mall by Cross -Link Bridge Corporation in the Buttrey Street Area RECOMMENDATION: PD-2009-15 1. That Council approve the Official Plan and Zoning By -law amendments for the Cytec area. 2. That Council defer the Glenview area amendment including the proposed tourist serving retail outlet mall on lands south of Buttrey Street and east of Victoria Avenue pending the completion of a Peer Review of the Market Study. BACKGROUND: The land use planning exercise for the Cytec and Glenview areas is a continuation of efforts to encourage the proper development of older vacant industrial lands. The lands are recognized in the City's Brownfield Community Improvement Plan as having the highest priority for redevelopment. The City hired RCI Consulting and GSP Group to assist in developing land use concept plans, new Official Plan policies and designations, as well as proposed zoning for these areas. The work of the consultants included recommendations in several other areas covering urban design, transportation and infrastructure, open space planning and by -law enforcement. Much of the lands involved in the subject amendments are shown in Appendix 1. On August 18, 2008, a Public Meeting was held to consider the consultant's recommendations and approval of Official Plan and Zoning By -law amendments for the areas. At this Public Meeting, Cross -Link Bridge Corporation asked Council to consider the addition of a commercial outlet mall on the 17.8 hectare (44 acre) parcel of land south of Buttrey Street and formerly owned by CN Rail. Council deferred consideration of RCI land use concepts and Official Plan policies and directed staff to review the appropriateness of the outlet mall use A map identifying the lands owned by Cross -Link is attached as Appendix 2. Niagara FalisON,Canada 905= 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development March 23, 2009 2 PD- 2009 -15 Request by Cross -Link Bridge Corporation On October 10, 2008, Urban and Environmental Management Consulting (UEM) submitted information to the City on behalf of Cross -Link Bridge Corp. Cross -Link is requesting the redesignation of land from Industrial, Special Policy Area 7, to a site specific Tourist Commercial designation and to rezone the property from a site specific Transportation Distribution Industrial (TDI -33) Zone to a site specific Tourist Commercial (TC) Zone to permit a retail outlet mall, as well as, additional tourist commercial and light industrial uses. Their request includes a land use change for a 2.8 hectare (7 acre) area owned by the City for which the developer has submitted an offer to purchase. They also have an interest in 0.8 hectares (2 acres) of land owned by the Region, which is part of the land containing the new pre- treatment sewage facility and lands owned by the Niagara Falls Bridge Commission. A concept plan of the Cross -Link proposal is attached as Appendix 3 and a chronology of events is attached as Appendix 4. This report will discuss separately the land use changes for the Glenview area including the Cross -Link proposal followed by a review of changes for the Cytec area. Glenview Surrounding Area Land Use and Site Conditions The Glenview area includes those lands fronting on Victoria Avenue south of Leader Lane and the lands south of Ferguson Street extending to the CN Railway lines. The area contains a mix of residential, commercial and industrial sites, a number of abandoned industrial properties and two active heavy industrial operations. A Regional sewage facility is located to the east, with a number of tourist commercial uses along River Road as well as lands of the Niagara Falls Bridge Commission. The CNR mainline forms the southern boundary. To the west is a CN operations facility and Lococo's food distribution warehouse and vegetable market. To the north is a residential area. Summary of Comments Received on Cross -Link Justification Report Regional Municipality of Niagara They have concerns with the Market Report and the impacts of additional retail on the Downtown and other areas in the City. They have requested that the City undertake a Peer Review of the Market Report. They recognize that the City and Region have completed studies that conclude there is an over supply of industrial lands; therefore they are satisfied that an appropriate review has been undertaken to demonstrate that the lands are not required for employment purposes. The traffic study is currently being reviewed and a separate letter will be forwarded to the City once the review has been completed. Niagara Parks Commission No objections. March 23, 2009 3 PD- 2009 -15 Transportation Services Division Staff supports the findings of the Transportation Impact Study submitted by iTRANS Consulting Inc. Traffic improvements will be needed for the intended Phase 1 of development including signalized intersections at Victoria Avenue and Buttrey Street as well as River Road and Bridge Street. Also provisions for turning lanes and a four way stop at Bridge Street and Zimmerman Avenue are required in order to accommodate the estimated traffic generation from the first phase of the proposed development. Municipal Works Division Existing infrastructure is capable of servicing the subject lands. Fire Department Concerns will be addressed through normal Building Permit process. Building Division No comments. Planning Analysis The Official Plan currently designates the lands south of Buttrey Street as Industrial Special Policy Area 7. Special Policy Area 7 recognizes the need for the area to redevelop through a land use planning study. This study has now been completed through the work conducted by RCI Consulting and GSP Group. The subject lands are currently zoned Transportation- Distribution Industrial (TDI) Zone which accommodated the previous railway related use. Work of RCI Consulting and GSP Group The City's consultants recognized the Glenview area as a challenge because of the number of different and non compatible land uses. The consultants recognized the area as a "regeneration area" and prepared a couple of land use alternatives which were presented at various public open house meetings. The original land use concept depicted residential use on the 17.8 hectare (44 acre) CNR site in order to strengthen the existing residential area and to support the nearby Downtown. However, because of the extent of environmental remediation needed for residential use, the reactivation of two industrial plants (Canadian Specialty Casting Niagara Energy) and the proximity to an active railway, it was determined residential intensification was not viable. The consultants recommended a Prestige Industrial (PI) Zoning along Ferguson Street as a transitional area between industry to the south and residential to the north. The area to the south, including the CN lands, was identified fora special land use category to encourage a broad range of employment type uses which includes: March 23, 2009 4 PD-2009-15 light industrial uses; service commercial and office uses; recreational uses; and also providing an opportunity for existing heavy industrial uses to expand. Council directed that staff investigate the proposal by Cross -Link to expand on the work of RCI GSP to permit a retail outlet mall on part of the CN lands south of Buttrey Street. The outlet mall is proposed in the southern portion of the former CN property and is to be phased in with an initial size of 18,580 square metres (200,000 sq. ft.) which could expand to 27,870 square metres (300,000 sq. ft.) in the future as a second phase. Cross -Link also requested the addition of a drive -in restaurant and assembly hall to the list of permitted uses. To assist staff with its review, Cross -Link provided a Planning Justification Report, Market Feasibility Study, a Traffic Impact Study and environmental information as part of their submission. Because the proposal was substantially different from any of the alternatives previously presented to the public at earlier open house meetings, staff worked with the developer's consultant to host a Public Open House for area residents, businesses and property owners. 1. Public Open House The Public Open House was held on November 20, 2008, with approximately 50 people in attendance. Cross Link's consultants stated that they support the Official Plan and Zoning By -law changes proposed by RCI Consulting, but they wish to add the outlet mall as a permitted use. There were concerns raised at the Open House by owners of Canadian Specialty Castings about the increase in traffic generated by the outlet mall and the mix of tourist traffic with industrial truck traffic. The consultant responded by noting that a traffic study was being prepared. Others stated that they were pleased that the underutilized land was going to be redeveloped, while others questioned the viability of the mall due to the recent decline in tourists visiting the City. 2. Market Feasibility Study Prepared by John Winter and Associates The Market Feasibility Study, prepared by John Winter and Associates, was submitted by Cross -Link for the retail outlet mall and discussed implications on the Downtown. The main points from the Study are highlighted as follows: it identified the primary trade area for the outlet mall as being the population of the City of Niagara Falls within 5 kilometres of the subject property (basically the urban area of the City); based on estimated population of the Niagara Falls area, the consultants projected the potential for spending by the residential population of $209 million; translating spending patterns into commercial retail space, the consultant projects 18,580 square metres (200,000 sq. ft.) of outlet mall could be supported in the near term; March 23, 2009 5 PD- 2009 -15 it was the consultant's opinion that there would be sufficient residual (current unbuilt space) to support; it was the consultant's view that the existing outlet mall on Lundy's Lane cannot support all the stores that wish to locate in Niagara Falls, as the mall has no expansion capability; the consultant stated that the proposal will draw 1.6 million consumers which will help revitalize the Downtown which is within walking distance; the proposed development should largely deal with "infrequent" purchases conducted by tourists and destination oriented consumers rather than the "frequent" purchases characterized by the typical Niagara Falls neighbourhood, community and sub regional malls. Thus, there should be no negative implications for the traditional hierarchy of commercial uses planned by the City; and the consultant estimated that the Outlet Mall should employ approximately 600 people. Staff found that the Feasibility Study had a couple of shortcomings. It did not comment on the current supply of existing and proposed commercial development in the City nor did it analyze the potential impact of the outlet mall on the existing commercial areas of the City. While purported to be aimed at tourists with a potential draw of 1.6 million consumers, the Market Study used the spending habits of the resident population of the City as justification of need. Staff was concerned because the most recent prior market study was submitted by Smart Centres for a new shopping centre at Oakwood and McLeod. That Study, using the City as the primary market, identified a potential growth of 46,450 square metre (500,000 sq. ft.) to be distributed between the McLeod Road site and other established or planned commercial centres. The City's economic consultant, Joseph Urban Consultants, conducted a Peer Review of the Smart Centres report and provided a word of caution as the commercial vacancy levels in the City were quite high and exceeded 46,450 square metres (500,000 sq ft). His Peer Review Report recognized that the Downtown Commercial Business District had problems maintaining it's commercial vacancy level in excess of 18,580 square metres (200,000 sq. ft.). Furthermore, Henry Joseph stated the vacancy levels will likely continue to increase in other parts of the City with the intended relocation of Zehrs to the former Acres site, moving Canadian Tire to Niagara Square and relocating Wal -Mart to Oakwood Drive. Staff, therefore, requested Cross -Link to provide further statistical data to demonstrate that the tourist market can support the retail floor space. A supplementary letter was provided by John Winter on January 8, 2009 which stated that there is sufficient tourist dollars to support the proposed outlet mall. None of this was backed up with numerical data. They stated that an outlet mall is not a traditional mall anchored by a department store and will depend on a large amount of their sales from outside Niagara Falls. March 23, 2009 6 PD-2009-15 It is difficult to precisely know where shoppers will come from for the outlet mall. However, because of the property location near River Road and known traffic counts along River Road of 18,000 vehicles on a peak day during the summer months, it may be assumed the outlet mall may experience a higher level of visitors from outside of the Region. If Council were to approve the outlet mall, limiting the initial build to 18,580 square metres (200,000 sq. ft.) would be advisable. Most stores within the outlet mall should be between 465 to 930 square metres (5,000 to 10,000 sq. ft.) in size with no more than two signature stores allowed to a maximum size of 1,394 square metres (15,000 sq. ft.). 3. Land Use Impacts Cross -Link requested that an assembly hall and a drive -in restaurant be included among the permitted uses. The concentration of a large number of people in one facility close to a heavy industrial site could have land use implications because of potential conflict. Canadian Specialty Castings are concerned with such a use in close proximity to their industrial operation. Therefore, staff does not support an assembly hall as an additional use. The definition of a drive -in restaurant is where food is consumed in a vehicle and not the building where the food is prepared. Cross Link's consultant has indicated that their client has no interest in proposing a fast food restaurant. Therefore, the addition of the two land uses by Cross -Link should not be added. Cross -Link requested a Tourist Commercial designation and zone for the property south of Buttrey Street. The City's consultants had recommended the Buttrey Street area be zoned Light Industrial (LI) with provision for offices, service commercial and recreational uses. In discussion with developer's consultant, staff was advised that Cross -Link would be supportive of simply adding the tourist commercial outlet mall use as a special permitted use within the Industrial land use category. If the retail mall of 18,500 square metres (200,000 sq. ft.) is approved, and because Cross -Link intends to also provide office, service commercial and recreational uses, the special LI Zone should be implemented with an additional provision to provide for the 18,500 square metres (200,000 sq. ft.) of retail space. The LI Zone provides development standards (setbacks, height, coverage) which can accommodate the development form of the outlet mall and regulate the location of the other proposed uses. A special clause may be necessary to ensure adequate parking for the outlet mall. The development of the outlet mall will be subject to site plan control. Appropriate setbacks and buffers will be necessary for the mall from the active CN rail line to the south and from the proposed parking lot along Buttrey Street. The City has received a couple of letters from land owners in the Ferguson and Buttrey Street areas who wish to have their residential dwelling properly zoned to reflect their use. These dwellings are located in areas that have long been designated and zoned as Industrial. City staff is proposing a more transitional Prestige Industrial type development. It is important to note that the existing residential homes have existed for many years and they have legal status that March 23, 2009 7 PD-2009-15 allows them to remain and even possibly expand through a minor variance procedure. The separation of residential and industrial uses, together with the changes proposed via the amendments, will improve the surroundings by not allowing a new general or heavy industrial use in the area. Staff does not recommend any planning changes for the existing residential uses. 4. Traffic Study The primary access to the Cross -Link outlet mall is to be from Victoria Avenue via Buttrey Street. A secondary access is to be provided off Bridge Street via an extension of Zimmerman Avenue over the railway tracks. The Traffic Study indicates that the long term intent is to secure access to the proposed development from River Road. In the interim, development must be phased and will necessitate certain traffic controls being implemented. These controls are proposed as follows: limit the first phase of outlet mall development to 18,500 square metres (200,000 sq. ft.) of retail floor area. Additional Phase 1 development includes offices, wine showcase, heritage museum, hockey arena, outdoor theatre and film studio; add a signalized intersection at Victoria Avenue and Buttrey Street; widen and improve Buttrey Street between Victoria Avenue and Dyson Avenue to 4 lanes; limit the number of driveway accesses onto Buttrey Street to a maximum of 3; provide a driveway access from Bridge Street at Zimmerman Avenue; add a north bound and south bound left turning lanes along Bridge Street at Zimmerman Avenue, as well as a four way stop; and add a signalized intersection at Bridge Street and River Road. The traffic related improvements required for the first phase of development are significant. Since the necessary changes are needed as a direct result of the Cross Link proposal, the related costs will be entirely the responsibility of the developer if the project is supported. Since Phase 2 of the development is premised upon road access from River Road, development could be limited to the first phase. 5. Removal of Employment Lands under the Provincial Growth Plan City staff identified the need for Cross -Link to address the removal of employment lands to address the Provincial Growth Plan. The Region had provided similar comments earlier. The consultant for Cross -Link suggested that a comprehensive review is not needed under the Growth Plan because the lands represent a "regeneration area March 23, 2009 8 PD- 2009 -15 The City undertook a Comprehensive Review of Employment Land Needs through the urbanMetrics Study, dated October 2, 2007. This Study indicated that Niagara Falls had a net developable industrial land supply of 454.5 hectares (1,123 acres) and recommended that the land consisting of the Warren Woods and Thundering Waters areas could be removed. The removal of these areas would still maintain a surplus of 254 hectares (628 acres) in the urban area at the end of the planning period in 2031. The Region has completed a similar review of industrial lands and recognize that there is an over supply. Based on the above, the Region is satisfied that no further review is required. It is also City staff's opinion that the reduction of approximately 24 hectares (60 acres) would not have an significant impact on the surplus of employment lands and no further review is necessary. 6. Environmental Issue A series of Environmental Site Assessments have been prepared for the former CN lands. The results indicate that there are exceedences of certain metals such as copper, lead and zinc, as well as, concentrations of TPH (gas /diesel and heavy oils). There were estimates of contaminated soil that were suggested to be excavated. The property will require remediation to a commercial /industrial standard in accordance with requirements of the Ministry of Environment. The developer will be required to prepare a Record of Site Condition prior to the development being able to proceed. 7. Appropriateness of Tourist Commercial Use on the CN Lands Areas such as the subject lands within the Pilot Project Area of the Brownfield CIP are strongly encouraged for redevelopment. However, Staff is not in a position to support the outlet mall at this time due to a significant amount of undeveloped commercial areas which exist in the City. We acknowledge that the proposal could attract a tourist commercial market and potentially be a positive addition to the area. The opinion letter from Cross Link's market consultant did not empirically substantiate a tourist market and the primary report depends on the residential population. A Peer Review (at the developer's cost) conducted under the direction of City staff would be able to provide an accurate assessment of the current situation of commercial lands in the City. Cytec and Surrounding Area Land Use and Site Conditions The Cytec area includes lands on the east side of Stanley Avenue south of the Power Canal, west of the CN Rail lines and north of the former NS &T railway right -of -way. The area encompasses 95.67 hectares (236.4 acres) of land. Approximately 6.7 hectares (16.5 acres) of land are being developed with the Bob Gale Complex containing the City's 4 -pad arena. The Region will extend Thorold Stone Road into the area to provide new street frontage for future development. Work of RCI Consulting and GSP Group for the Cytec Area The City's consultants recommended that the Cytec area be developed as an Industrial Special Policy area to allow a broad range of employment type uses including light industrial, service commercial and institutional uses. They recommended that the lands be March 23, 2009 9 PD- 2009 -15 developed by a plan of subdivision which will ensure a desired road and traffic pattern and proper remediation is carried out. They also suggested an emphasis be placed on high quality streetscape design and proper site planning to ensure buildings are constructed closer to the street and proper loading and parking facilities are placed in the rear and interior side yards. It is believed that the arena complex will be a catalyst for other developments to occur. The majority of the lands will be designated Industrial Special Policy Area. The Official Plan Amendment includes a redesignation of the former YMCA site to Residential, lands along the east and west sides of Victoria Avenue to Tourist Commercial and the former NS &T rail line to Open Space. The proposed zoning amendment includes a list of permitted uses that reflect the Official Plan changes as noted above. The change from heavy and general industrial area to light industrial and service commercial, reflects a desired direction for redevelopment of this area and was supported at the public meetings that were held. The Official Plan and Zoning By -law changes for the Cytec and nearby lands should proceed. Any future development will be subject to proper environmental studies and the issuance of required records of site condition. Maps showing the proposed Official Plan and Zoning By -law amendments for the Cytec area are shown in Appendices 5 through 9 of this report. CONCLUSION: The proposed Official Plan and Zoning By -law amendments for the Cytec area can be supported. The Cytec amendments should be approved without further delay. The amendments for the Glenview area are recommended to be deferred pending a Peer Review of the Market Report submitted on behalf of Cross -Link. This would be the most prudent action as the research indicates that the City has a significant surplus of retail commercial lands. Staff recognized that the proposed outlet mall could be a catalyst to encourage additional development in the immediate area. However, such approval could have an impact on other commercially designated lands. It is recommended that a Peer Review of the Market Study be carried out before Council consider approval of the Buttrey Street area amendments. Recommended by: j Alex HerlovitchRirector of Planning Development Approved by: B.Bolibruck:gd Attach, S:IPDRV20091PD- 2009 -15, AM- 2008 -13 Cytec and Buttrey Street Lands.wpd Ed Dujlovic, xe ve Director of Community Services ONTARIO AVE I V >.0 Q) f l .1 o L jlll �i I lt Intl 111. uu i /7 MI, nl 111u II I r r1 e enJeny osl i r eMenIJn I enueAy -uosA /annenv 11 '6111. 111, 1 1 nl;nh•llp. 1 1 1 I. II__ EINIIMEIIMEMIU ONOMMIIIIIN INIVIIIIIIWIWIF IIIMINGIMMIffir endow eiaop!A CL 0 t 1 Li LJ ,1 v4C 3 9 -Y 13-9$ Y Y -ls-er -41041.414014.1- v '�'0 n.1 A I a wwiz APPENDIX 4 Chronology of Events Since the August 18, 2008 Public Meeting 1. August 21, 2008 Letter sent from Planning staff to Cross Links's lawyer outlining the information to be provided to consider the change in land use. 2. September 15, 2008 Letter from Cross Link's lawyer stating that a planning justification report and market feasibility study was being prepared and would be submitted to the City. 3. September 23, 2008 Letter from Planning staff to Cross Link's lawyer recommending a public open house be held and need for a traffic study to assist in determining the appropriateness of the proposal. 4. October 10, 2008 Planning Justification Report and Market Feasibility Report is submitted to the City and circulated to agencies and nearby industrial operations. 5. November 8, 2008 Notice circulated to advise of Public Open House. 6. November 20,2008 Public Open House is held. 7. December 17, 2008 Planning staff met with Cross Link's consultant to review major issues on the proposal. 8. December 24, 2008 Letter received from Cross Link's consultant highlighting major issues and need for followup action. 9. January 12, 2009 Response from City Planning to the consultant clarifying items required in order to proceed with a report to Council. 10. January 12, 2009 Response received from John Winter, author of the Market Feasibility Report, addressing staff concerns on the market for tourists. 11. January 19, 2009 Meeting with Cross Link's consultant and they confirm all information has been received by the City with the exception of the Traffic Study. 12. January 21, 2009 Letter received from Cross Link's consultant not supporting further research on the conversion of employment lands. 13. February 12, 2009 Traffic Study is received and circulated. 14. February 21, 2009 Notice is provided on the Public Meeting under the Planning Act to be held March 23, 2009. MAP 1 TO AMENDMENT NO. APPENDIX 5 SCHEDULE A TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area 1 Proposed Change From Industrial and Open Space to Industrial Special Policy Area "A" Area 2 Proposed Change From Industrial to Residential Area 3 Proposed Change From Industrial and Residential to Tourist Commercial Area 4 Proposed Change From Industrial to Open Space 1:I ,::M CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE ENVIRONMENTAL PROTECTION AREA INDUSTRIAL INN RESIDENTIAL TOURIST COMMERCIAL NOTE This schedule forms put of Amendment No. to the Official Plan for the City of Niagara Fails 10 embp and it must be read in conjunction with the written teL N 1:NTS AM- 2008 -013 AUGUST 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land r 45. f 20.1 m m m NI is 'i 1111111i11r X 1 1111 11111 111111 111111_ o 11111111111111 111 A Tit" t l 1111111111112 III a air sow me ,I _f_M IMAM 111 Applicant: City of Niagara Falls K npAMWA- 13\mappNq.map Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 76 and 91, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara APPENDIX 6 I:NTS AM- 2008 -413 August 2008 SCHEDULE 2 TO BY -LAW No. 2008 Subject Land H MENZIE ST (fl TTTTTTTTT 61.1 m Description: Part of Township Lots 76, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls IC:WLS_Requests\20081,ScheduiesVortkvAMW4-13Vnapping.rnep arir A m t_ TM T9 I IT 71 MEP 13.8 m 18.3 m 47.2 m Amending Zoning By -law No. 79 -200 APPENDIX 7 1:NTS AM -2008 -013 A,0wc 2008 SCHEDULE 3 TO BY -LAW No. 2008 Subject Land Applicant: City of Niagara Falls Description: Part of Township Lots 75 and 76, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Amending Zoning By -law No. 79 -200 APPENDIX 8 1:N'IS AM -2008 -013 K:WIS_Requests \2008\Sch dulesVoningAM\AM -13 \m a ppl ny. rnap At. gust 2008 SCHEDULE 4 TO BY -LAW No. 2008 Subject Land 60.15 m 2o.y .8 m w 47.8 m 18.2 m 145.5 m 50.8 m 17.9 m 99.1 m �l.��v 30.5 m 93.8 -m— r Ill11111111-% I Applicant: City of Niagara Falls K: \G tS_Reguests\ 2008\ Schedules VonIn4M7\AM- 13\mapping. map 218 m 13.8 m 61.1 m 1 '256.1 m Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 59, 74, 76 and 91, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara 16.6 m tl.7ON St APPENDIX 9 47.9 m 133 m 74.1 m .7m 3 •155.5 -m 27.8m 18.3 m 1 1 67.7 m 18.3 gip 97.6 m N y 5 1:NTS AM -2008 -013 August 2008 Niagara al Region March 10, 2009 File: D.10,04.OPA -01511 Francesca Berardi Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905-685-1571 To II- free:1- 800 263 -7215 Fax: 905 -687 -8056 www. niagararegion.ca Re: Supplementary Comments Official Plan Amendment Application Cross -Link Bridge Corporation To add Tourist Commercial Uses to the Light Industrial Designation and Zoning Bylaw Proposed for the Area South of Buttrey Street City of Niagara Falls FIIF� $�1� The City of Niagara Falls is considering a proposal by Cross -Link Bridge Corporation for tourist commercial and retail uses on the former CN Rail lands in the Buttrey Street area. A Planning Justification Report, prepared by UEM Urban and Environmental Management Inc. dated October 8, 2008, has been submitted in support of redesignating the subject property to Tourist Commercial Special Policy Area, rezoning the property to a site specific Tourist Commercial zone. The proposed amendments would provide for a retail outlet use (i.e. outlet mall) as a permitted use. Regional staff provided comments in a letter dated November 13, 2008, which generally remain applicable. Concerns were raised related to the conversion of employment lands and the market report. The proponent's agent, Mr. Brady, submitted a letter, dated December 24, 2008, which provides additional information /comments in response to the Region's comments. City staff also forwarded additional information, dated January 8, 2009, from the author, Mr. Winter, of the Market Report. Regional staff has reviewed the additional information submitted and provides the following comments with respect to conversion of employment lands and the market report. The City recently completed a comprehensive review of residential and industrial land supply, and the general conclusion of the review was that the City has an oversupply of industrial lands. Regional staff understands that the recent Thundering Waters and Warren Woods conversion proposals have been included in the comprehensive review. The Region has prepared a Growth Management Strategy, which, although the recommended study option has not been approved by Council, concludes that the Region has an oversupply of industrial lands as does the City of Niagara Building Community. Building Lives. *totIVED MAR 1 3 ZUU9 PLANNING DEVELOPMENT planning period. Given that both the City and Region have completed studies that conclude there is an oversupply of industrial lands; staff is satisfied that the appropriate review has been undertaken. Regional staff still has concerns, however, with the market report. The additional information supplied by Mr. Winters does not adequately address the proposal from a Regional market perspective as required by the Regional Policy Plan policy 5.14 and outlined in our earlier comments. Therefore, our comments on the market report remain the same. In addition, the City had an earlier market study for the proposed Smart Centres •development at Oakwood peer reviewed. The peer review generally concludes that specialty DSTM is generally well distributed throughout the urban area, but the downtown is significantly deficient and needs major remerchandising and upgrading. In addition, a substantial amount of planned floorspace potential also exists on other sites throughout the municipality. The provision of additional specialty DSTM diminishes the prospects for an effective redevelopment of the downtown area. The peer review suggested the municipality consider either a limited amount of specialty DSTM on the Oakwood site or potential phasing to accommodate a reasonable absorption. Based on the concerns raised in the previous peer review, the impacts of this additional retail space particularly on the downtown as well as other areas of the municipality should be carefully considered. Regional staff requests that the City have the Market Report peer reviewed to determine whether the Market Report appropriately addresses the impact of the proposed retail outlet facility on the existing and planned shopping facilities within the City and Region, including the downtown; the policies of the Regional Policy Plan; and to provide an opinion on the overall conclusions of the report. The peer review should be undertaken prior to consideration of the approval of the application. A traffic impact study has been submitted and is currently being reviewed by technical staff. Comments will be forwarded' under a separate letter once staff has completed their review. It may be appropriate to consider Regional comments regarding the traffic study prior to the approval of the application in the event access and design issues arise. Based on the provisions of the Memorandum of Understanding, the Official Plan amendment will require Regional approval. Regional staff also request that the draft Official Plan policies be forwarded to the Region for review prior to adoption by Council. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Director of Development Services. Yours truly, Sue Mabee Planner 2 Cc: A. Herlovitch, City of Niagara Falls M. Lagzdins, Manager of Development Services MODIFY REQUEST Printed On: 2/23/200911:23:59 AM Aft door 0/3 Francesca Berardi Planning and Development 0 Le 12 V-S REQUEST ID ENTERED BY CATEGORY CREATEDON b 2080 Information Services Web Master Planning 2/22/2009 4:20:59 PM REQUEST INITIATED BY ADDITIONAL REQUESTORS ATTACHMENTS FILE CURRENT STATUS TIMELINE Clint Wood (External) Send e-mail to Requester Add Requestor Add Attachment Multiple Assignments Click here to update Assfgnments Quick Close 7/6 Request Extension PROPERTY INFORMATION Add Property Information Entered By- Information Services Web Master 2/22/2009 4:20 :59 PM In the advertisement regarding the City File AM- 2008 -013 the Director of Planning and Development indicates that if the reader goes to the Public Notice section of this website we can read about the Planning Justification Report and Transportation Study submitted in support of the tourist commercial outlet mall use. I do not see this on the website. Secondly, I would like to voice my opposition of yet another TOURIST outlet mall (note: not an outlet mall for the average Niagaran) that is specifically designed to 'rip off' more tourist. Those of us in the Glenview area already have a business referred to as Souvenir City. The products sold here are grossly overpriced (from the nicnacs to the tasteless $6 /slice pizza). This business is of no use whatsoever to the residents of this area....unless of course you get high off of the fumes of buses. The residents of Glenview would like city council to look out not only for the interests of the tourists but also the interests of the year long residents of this area. Can anyone in council not see the need for a grocery store in the downtown area? Or a cinema? Perhaps specialty food shops? Why even tourist constantly ask 'where do you shop'? Wien deciding on what to allow on these vacant lands please take careful consideration of the residents of Glenview. Ki nd Regards, Clint Wood (I would like these comments to be consider as a written submission to the Planning Development Department) Glenview resident RECEIVED FEB. 2 3 2009 PLANNING DEVELOPMENT Page....2 41 1 3 H ICKSON AVE, NIAGARA FALLS_ CANADA L2E 3K1 Thursday February 26, 2009 MR. ALEX HERLOVITCH DIRECTOR OF PLANNING DEVELOPMENT THE CITY OF NIAGARA FALLS, CANADA 4310 QUEEN STREET NIAGARA FALLS, ONTARIO Planning Scanned Flle_ZQJIN( Dear Mr. Herlovitch: RE CITY FILE AM2008 -013 CITY OF NIAGARA FAILS Fine business on your re- zoning proposals of The Elgin Brown Fields Areas. I say this, as you have given proper consideration to the protection of the peace and residential character of our neighborhood. I beleive that I could be forcasting the need for traffic lights at the two intersections of Victoria Buttery, and Victoria Ferguson, in the event your plans are brought into fruition. The volume of traffic on Victoria will substantually increase, along with use of Buttery Street. Having attended the November 20th meeting, I had my question answered. The CNR tracs are staying. Not to digress, it is possible that Go Transit may begin to run their trains to the station, at some point in time. So, that issue is off the table! Talk about the tracks, at the meeting, I noted the plan to set up an overhead walk -way, located at the, or opposite the foot of Zimmerman Avenue. This would be a great convenience to "locals" wishing to walk downtown, along with curtailing the illegal act of cutting across the tracks to go downtown, or return to the neighborhood. Another area, I'd like to address is the cost of all this. I do not beleive in CORPORATE WELFARE. I would like to be of the assumption that those developers, who elect to make use of the land, will bear the cost of tapping into the city water and sewage services, along with the Ontario Hydro. You can appreciate that all of us pay enough in taxes. City funds are dear. Thus these funds should be used for maintaining our presxent infrastructgure. If the above is not the case, you can take a "NO" for my response to this affair, City file AM-2008-013, It is my sincere trust that my final issue is in my direction of wishes, as I've always maintained that the reason for the total "death," if you will, of the down area is THERE IS NO SERIOUS SHOPPING AVAILABLE As for parking, you know that downtown could not handle a serious increase in use, at this time. RECEIVED MAR 0 2 2009 PLANNING DEVELOPMENT March 6, 2009. Alex 1- lerlovich Director of Planning City of Niagara Falls HAND DELIVERED RE: City File AM -2008 -013 Mr. Herlovich; I would like to express my concerns and opposition to the recent proposals for the above noted project. I have previously expressed concerns about the previous zoning proposals between Buttrey and Ferguson Streets and the area in which I reside on 4203 Martin Avenue. I would like acknowledgement and zoning to reflect that single family dwellings do exist at my end of the street. I would like this zoning designation, on record to reflect this long- standing usage. 1 do wish to continue to reside on this street and.l do not wish to have prestige industrial neighbours, nor do I wish to have to abide by future building code complications of this zoning, should I wish to renovate or add an addition to my home. I fear I will lose certain rights as a homeowner in the name of progress. I also have major issues with the traffic flow proposals for my street. Martin Avenue is a very narrow road, with no green space, sparse sidewalks and very little frontage between existing houses and the sidewalk. It is an inappropriate road for a major artery to a Commercial Tourist complex. I wish to have the Martin Avenue /Buttrey Road junction closed off to prevent traffic flow on this road. There are other viable options that should be explored, which are less populated, safer and more appropriate for increased traffic. I would like to make a presentation to Council at March 23, 2009 meeting to discuss my grave concerns about certain aspects of the proposal. Could you please ensure that I am on the list to give my input? I would also like communication from your office to confirm that you have received this correspondence. I do realize change and progress is inevitable, but I do not want this at the expense of my quality of life. I feel that the rights and existence of the current residents are not being appropriately acknowledged and this is not acceptable. Thank you for your attention to this matter. I look forward to your reply and do hope that an equitable resolution can be reached. Sine ely, bliwr Donna E. Rose 4203 Martin Ave.. Niagara Falls, ON L2E 3L1 (905) 356 -4506 -home (905) 329 -9616 mobile RECEIVED MAR 0 6 2009 DEVELOPMENT March 23, 2009 PD- 2009 -24 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -24 AM- 2009 -003, Zoning By -law Amendment Application 4001 Weaver Road Applicant: Gary Landry Proposed Tourist Home RECOMMENDATION: NiagaraJalls That Council approve the Zoning By -law Amendment application to permit the existing dwelling on the land to be used as a tourist home (bed and breakfast) with a maximum of four (4) bedrooms for tourists. BACKGROUND: Gary Landry has requested an amendment to Zoning By -law No. 395, 1966 (Township of Willoughby) for a 9.3 hectare (22.9 acre) parcel of land known as 4001 Weaver Road, as shown on Schedule 1. A single detached dwelling is under construction on the property. The applicant proposes to use this dwelling as a tourist home with a maximum of four (4) bedrooms available for tourists. Refer to Schedules 2 and 3 for details of the property. The land is currently zoned Rural, in part, and Conservation and Open Space, in part, in accordance with By -law No. 395, 1966. The dwelling is located on the part of the property zoned Rural. The Rural zone does not permit tourist homes. The Rural zone is requested to be amended site specifically to add a tourist home, with four (4) bedrooms available to tourists, to the list of permitted uses. Site Conditions and Surrounding Land Uses Most of the subject land is used for agriculture. The dwelling is located in the northeast corner of the property. Ussher's Creek flows over the southeast corner of the property which is wooded. Surrounding lands are mainly used for agriculture, with some wooded areas. Several Rural dwellings exist on the properties east of Willoughby Drive. 0,Q0een`Streetf0Bii 1023 ,1.2E-6X5 905= 3567521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development March 23, 2009 2 PD- 2009 -24 Circulation Comments Regional Municipality of Niagara No objections. The bed and breakfast is a secondary use to the residence and will not affect current and future land uses. A private sewage permit has been issued for a system to service a 6 bedroom residence. The proposal does not result in additional private sewage capacity issues. Niagara Peninsula Conservation Authority (NPCA) No objections. Permits have been issued by NPCA for the dwelling. Fire Services No objections. Any concerns can be addressed through the normal Building Permit process. Municipal Works, Transportation Services, Legal Services No objections. Planning Analysis 1. The proposed tourist home complies with the Official Plan. The subject land is designated Good General Agriculture, in part, and Environmental Protection Area, in part. The dwelling is located on the part of the land that is designated Good General Agriculture. Lands designated Good General Agriculture are intended to be used for agriculture, conservation, forestry and farm related dwellings. Lands designated Environmental Protection Area (under which Ussher's Creek and related woodlands on the subject land are designated) have natural features that are intended to be protected. The Official Plan policies allow bed and breakfast establishments (up to 6 bedrooms) to be considered as an accessory use to an agricultural or residential use in the Good General Agriculture area. These establishments are to be operated by a permanent resident of the existing dwelling and are to be regulated through a Zoning By -law amendment as to their location, size and traffic generation to minimize disturbances to adjacent properties and to ensure the private sewage disposal system can satisfactorily accommodate the bed and breakfast. The proposed tourist home complies with the Official Plan as follows: The utilization of the dwelling for a tourist home will not impact the agricultural use of the property. The 4 bedroom bed and breakfast is not expected to generate significant traffic volumes as to impact the road system. March 23, 2009 Recommended by: Approved by: A.Bryce:mb Attach. 3 PD- 2009 -24 Because of the size of the property, the subject dwelling is removed from other dwellings and is not expected to impact surrounding properties. The adjacent environmental lands (Ussher's Creek and associated woodlands) will not be impacted. The dwelling and parking area have been constructed outside of the Regional flood line. Sufficient capacity exists in the private sewage system to accommodate the tourist home. 2. The requested Zoning By -law amendment is appropriate. The applicant has requested site specific provisions to be added to the Rural zoning that applies to part of the property to add a tourist home (commonly called a bed and breakfast) with 4 bedrooms to the list of permitted uses. The Conservation and Open Space zoning that applies to Ussher's Creek is not affected by the requested zoning. The dwelling is designed to accommodate the tourist home use and no other zoning regulations are affected. The parking area can accommodate at least 6 parking spaces while the dwelling's garage can accommodate 3 vehicles. As one space is required for the dwelling and one space is required for each of the tourist rooms, there is sufficient parking available for this use. CONCLUSION: The requested Zoning By -law amendment can be supported for the following reasons: The proposal complies with the intent and purpose of the Official Plan respecting tourist homes in agricultural areas. The agricultural and environmental components of the property and nearby residents will not be impacted by the tourist home use. The private sewage system on the site is of a sufficient size to accommodate the tourist home. Alex Herlovitch, Director of Planning Development S:1PDR120091PD- 2009 -24, AM- 2009- 03,Landry, 4001 Weaver Road.wpd Ed iujlovic, Executive Director of Community Services Subject Land VS Location: 4001 Weaver Road Applicant: Gary Landry Schedule 1 LOCATION MAP +a< <ILO Amending the Zoning By -law No. 395, 1966 Copyright 2009- City of agara Falls AM 2009 003 February 2009 Schedule 2 WILLOUGHBY DRIVE Schedule 3 Niagara Region February 26, 2009 File: D.18.04.ZA -D4358 Mr. Andrew Bryce Planner 2 Planning Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: AM- 2009 -003 Zoning By -Law Amendment Application To Permit a 4 Bedroom Bed Breakfast 4001 Weaver Road City of Niagara Falls Building Community. Building Lives. I m aih, Planning Scanned Flie: ZC0 Nit-A(1 PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 lhorold, ON 12V 4T7 Tel: 905- 685 -1571 To I I- free:1 -800 -263 -7215 Fax: 905 687 -8056 www. n i agara regi o n. ca Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The purpose of the amendment is to add site specific provisions to the existing zoning of the property to allow the dwelling to be used for a bed and breakfast. The amendment will facilitate the development of a three unit townhouse dwelling on the property. The property is located within the Willoughby Study Area for the City of Niagara Falls according to Regional' Policy Plan Amendment number 170. The Willoughby Study Area has been identified as an area where urban development may be directed in the long term. The Region is currently working on its Growth Study, which will determine the appropriateness of this area for future urban development. In the interim, development that could jeopardize the efficient future urban use is not permitted. Existing uses can continue and expansions or change in use can be considered provided that the expansion or change in use does not jeopardize the orderly development of the area for urban uses. A dwelling is currently under construction on the property and the rezoning would allow four bedrooms within the dwelling to be used for a bed and breakfast. Given that the bed and breakfast will be contained within the existing dwelling and will function as a secondary use to the primary residential use of the property, the proposal should not jeopardize the future urban use of the area. Therefore, Regional staff has no objections to the rezoning application from a land use perspective. According to the Region's Core Natural Heritage Map, an Environmental Conservation Area, a Potential Natural Heritage Corridor, and Fish Habitat are located on the e g v Environmental Conservation Area generally represents the shoreline buffer a FEB 2 1 2009 PLANNING DEVELOPMENT -2- Creek and a significant woodlot. In addition, Usher's Creek is identified as fish habitat. In accordance with the Memorandum of Understanding and the protocol between the Region and the Niagara Peninsula Conservation Authority (NPCA), the NPCA shall be responsible for the review and comment of all planning applications for impacts on the natural environment. The NPCA will provide Provincial and Regional comments under a separate letter to the City. Technical staff advises that a sewage permit has been issued for a system to service a residence with a maximum of 6 bedrooms. The proposal does not result in additional private sewage capacity issues. In conclusion, Regional staff has no objections to the proposed rezoning application from a Provincial or Regional perspective provided that any requirements of the NPCA are met and that the City is satisfied local concerns, if any, have been addressed. Please send notice of the City's decision and minutes of the meeting when available. Yours truly, Sue Mabee Planner March 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraJralls Re: PD- 2009 -28 AM- 2008 -36, Zoning By -law Amendment Application 4256 Portage Road Applicant: City of Niagara Falls Recognition of an Existing Parking Area PD- 2009 -28 That Council approve the Zoning By -law Amendment application to recognize the existing parking lot on a portion of the land. BACKGROUND: The City of Niagara Falls is undertaking a housekeeping amendment to Zoning By -law No. 79 -200 for a 0.14 hectare (0.34 acre) portion of a 0.55 hectare (1.4 acre) property known as 4256 Portage Road. The area affected by this amendment is shown on Schedule 1. A medical clinic with associated parking exists on the majority of the property; the portion subject to this application is used for parking. Refer to Schedule 2 for details of the property. The front part of the property is currently zoned general Commercial (GC) and the rear part of the property is zoned Light Industrial (LI) in accordance with By -law No. 79 -200. The portion of the property zoned LI is proposed to be changed to GC. The proposed amendment will recognize the existing parking area and allow it to be used to satisfy a portion of the clinic's parking requirements. Surrounding Land Uses A mix of commercial and residential uses exists to the north and west of the subject land. Industrial uses exist to the east. A former rail corridor owned by the City and intended for a future recreational trail abuts the subject property to the south. '4310 'Queen Street P.D Box -1023 Niagara Falls ONCanada L2E 6X5 ..905-356-7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departmen Planning Development March 23, 2009 2 PD- 2009 -28 Circulation Comments Regional Municipality of Niagara No objections. The proposal does not affect any Regional or Provincial interests. Fire Services No objections. Any concerns can be addressed through the normal Building Permit process. Municipal Works, Transportation Services, Legal Services No objections. Planning Analysis 1. Recognition of the existing parking lot on the land complies with the Official Plan. The subject property is designated Major Commercial, in part, and Industrial, in part in the Official Plan. The clinic and the majority of the required parking is located on the part of the property designated Major Commercial. Lands designated Major Commercial are intended to be developed for retail outlets, personal service shops, medical services and offices. A portion of the parking associated with the clinic is on lands designated Industrial. Land use designation boundaries are intended to be approximate only, except where there are clearly defined physical features such as roads and railway lines. The Official Plan allows minor land use designation boundary adjustments without amendment where the general intent of the Official Plan is maintained. As the boundary between the two land use designations is not a clearly defined physical feature, the subject lands can be deemed Major Commercial in the Official Plan. The zone change would comply with the Official Plan. 2. The requested Zoning By -law amendment is appropriate. The whole of the subject property has been developed and used for a clinic and its associated parking for a number of years notwithstanding that a small portion has been zoned for industrial purposes and as such the parking spaces thereon could not be counted towards the required parking. The proposed amendment will replace the LI zoning on a portion of the site with the same GC zoning that exists on the majority of the property which fronts onto Portage Road and permit it to be used for required parking. The zone change will recognize the use of the property that has existed without land use issues for many years and is essentially a housekeeping matter. A measure of land use compatibility has evolved and no land use impacts on surrounding land uses are anticipated as a result of the amendment. Subject Land Location: 4256 Portage Road Applicant: City of Niagara Falls Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 AM 2006 036 March 2009 March 23, 2009 3 PD- 2009 -28 The portion of the property proposed to be rezoned is held under separate title from the lands fronting onto Portage Road. The two parcels should be registered in the same name and merged in title so that they can be considered as one parcel under the GC zone. CONCLUSION: The requested Zoning By -law amendment can be supported for the following reasons: The proposal complies with the intent and purpose of the Official Plan which allows minor land use boundary adjustments where the general intent of the Plan is maintained and recognizes an existing and use arrangement. Extending the GC zone over the entire site will recognize the way the property has been used for a number of years and allow the entire site to be treated as one for the purposes of supplying required parking. The two parcels should be merged in title so they can be treated as one for zoning and development purposes. Recommended by: Approved by: A.Bryce:mb Attach. Alex Herlovitch, Dire or of Planning Development Ed Dujlovic, Executive Director of Community Services S:1PDR12009 \PD- 2009 -28, AM- 2008- 36,City of Niagara Falls,4256 Portage Rd.wpd Schedule 2 I!I i1 1 11 f hip f et�o,� q iil lin'itli 11111H E. i E ;F Iii `11 :HMI 3 Uhl I 1 MINIM III Mull i. (3/16/2009) Andrew Bryce ZBLA AM- 2008 -036 From: "Mabee, Sue" <sue.mabee @niagararegion.ca> To: <abryce @niagarafalls.ca> Date: 3/13/2009 12:56 PM Subject: ZBLA AM- 2008 -036 CC: "Lagzdins, Marilyn" marilyn .lagzdins @niagararegion.ca "Ungaro, Judy" Good afternoon Andrew, Proposed Zoning Bylaw Amendment AM -2008 -036 4256 Portage Road Regional Development Services staff has reviewed the above noted zoning bylaw amendment application. The purpose of the amendment is to rezone a portion of the properly to recognize the existing parking lot associated with the medical clinic. No new construction is proposed with this application. The property is located within the Urban Area Boundary for the City of Niagara Fails according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. Therefore, based on our review, the proposal does not appear to affect any Provincial or Regional interests. Regional staff has no objection to the Zoning Bylaw Amendment application. Please send notice of Council's decision. Sincerely, Sue Mabee, MSc. PI. Planner Development Services Division Regional Municipality of Niagara Phone: 905 685 -4225 ext. 3386 Fax: 905- 657 -8056 Page 1 l (2/16(2009) Andrew Bryce ZBLA AM- 2008 -036 Regional Municipality of Niagara Confidentiality Notice: The information contained In this communication including any attachments may be confidential, is intended only for the use of the reciplent(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, Is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Page 2 Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 NiagaraJlalls ce nn un DATE: March 23, 2009 RE: Brian Sinclair/ Reconsideration COA AppeaU 6341 Schisler Road. At the last meeting in reference to the matter noted above, Mr. Sinclair referred to a letter he prepared. Staff subsequently found said letter and apologized for any inconvenience, As a result, we felt it appropriate that the matter be listed again. Although Mr. Sinclair did make a verbal presentation at the March 9 meeting, his background materia is now included for Council's information. Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development March 10, 2009 DELIVERED BRIAN SINCLAIR PROFESSIONAL CORPORATION? BRIAN". SINCLAIR, Q.C. Barrister &Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 Mr. Dean lorfida, City Clerk City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: TEL: (905) 356 -7755 FAX: (905) 356 -7772 Re: PD- 2009 -21 Appeal of Committee of Adjustment Decision Consent Application B- 2009 -003 Applicant: Eva Szijarto (Agent Brian Sinclair) 6341 Schisler Road In connection with the above -noted matter, I am enclosing herewith a complete copy of a letter which I personally delivered to you on Wednesday, March 4, 2009 in the afternoon. I included ten copies of the letter addressed to the Mayor and members of Council with the enclosures referred to therein attached and requested that they each be given a'copy of same. As you are aware from the meeting last night, Council, apparently, did not receive a copy of my letter. In my opinion, if the members of Council had received this correspondence the decision could very well have been more positive than it was. My clients are very upset about this, and under the circumstances, I think that Council should get a copy of exactly what they did not get and should have the opportunity of reviewing it and, perhaps, making a different decision than they have made. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Bit S_i[ielair, Q.C. BNSab Enclosures Mr. Brian Sinclair, Q.0 Barrister Solicitor. Brian Sinclair Professional Corporation 6617 Drummond Road Niagara Falls ON L2G 4N4 Dear Mr. Sinclair: Niagaraflalls CANADA March 10, 2009 Re: Appeal of Committee of Adjustment 6341 Shisler Road Thank you for today's letter regarding the matter noted above. Firstly, my apologies to yourself and your clients. A search today in the Clerks' Division has turned up your letter of March 4' Our division handles hundreds of correspondences per week and this one appeared to have been misfiled. I appreciate your contention that the presence of the original correspondence at last night's meeting would have buttressed your verbal presentation. Of course, Council could have deferred the matter if they felt they had incomplete information to make a decision. In retrospect, I should have presented the suggestion of deferral to the members for their consideration. For the March 23r meeting, I will provide Council with all of the related correspondences. It will be up to Council to consider a reconsideration of their March 9 decision. Once again, my apologies for any embarrassment caused to you and your client. incerely, '4310 Queen Street, P.O. Box 1023, Niagara Falls :ON, Canada L2E 6X5 905-356-7521 www.niagarafalls.ca c. His Worship Mayor Ted Salci embers of Council Alex Herlovitch, Directoru ing Development Dean Io "r: a City C erk Working Together to Serve Our Community VIA FAX: 905- 356 -7772 Corporate Services Department Clerks Ext 4271 Fax 905 -356 -9083 diofiida @niaga rafa Ils. ca Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 There may be deputations by the BIA and those opposed to the increase. Niagara falls CANADA DATE: March 17, 2009 RE: Downtown BIA Budget On the agenda, for Council's consideration is the proposed Downtown Budget for 2009. The proposed budget represents a sizable increase from past years. In 2003, the BIA budget for Downtown was $60,000. From 2004 to 2008, the budget has been $180,0000. This year's request is $500,000. Under the Municipal Act, Council may approve it (the budget) in whole or in part but may not add expenditures to it. As Council is aware, there have been a number of objection letters to the increase (see attached). It appears that many of the objectors did not participate in the Annual General Meeting, which was advertised. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development March 4, 2009 Members: Downs wn Ni Fps Board of Management His Worship Mayor Ted Salci And Members of the Municipal Council City of Niagara Falls, Ontario 4481 Queen Street Niagara Falls, Ontario L2E 2L4 Downtown Niagara Falls: Where Friends Make the Difference Tel.: 905.356.5444 905.356.5667 wntown.com town.com RE: Downtown Board of Management 2009 Budget Request The Board of Directors of the BIA has proposed a substantial increase in the BIA budget for Queen Street. On Friday, January 30, 2009 the BIA sent out by mail and hand delivery, notice to all our members of the Annual General Meeting for the BIA. Included in the notice was the mention that the BIA is proposing a substantial increase in the BIA levy. Further, an announcement was placed in The Niagara Falls Review on Tuesday, February 3, 2009, also mentioning that the BIA is proposing an increase in the BIA levy. On Tuesday, February 17, 2009, the BIA held its Annual General Meeting. The meeting was attended by 27 property or business owners as well as 6 proxies from members who could not attend but wanted to have a vote counted. During the Annual meeting a presentation was made to all members explaining why the BIA Board felt that it was extremely important that the BIA increase its budget and activities at this point. The downtown, aside from the original group of artists, has attracted significant new high quality tenants, all of whom intend to be open at the beginning of this summer. These include, for example, The Buttery, Taps Brewery, Balzac's Coffee, Cocoa Bean Chocolatier, Falls Gourmet Pizza and the Gypsy Theatre Academy which will be opening up their Theatre with the Broadway Musical Cats. There are many examples of downtowns that have had substantial beginnings to revitalization and have reverted back to a decrepit state due to the fact that insufficient resources were dedicated to making sure that new businesses had the proper marketing and support to be successful. We believe that this summer and next will be of critical importance in getting the message out about the change taking place on Queen Street. Substantial beautification and frequent events are needed to assure its success. The downtown is at a critical stage. It is like a seed that has grown into a young sapling. Just like the sapling it still needs a great deal of tender loving care and attention in order for it to thrive and succeed. If, God forbid, we do not succeed, the downtown will revert to a boarded -up drug and alcohol infested neighbourhood whose real estate values are close to worthless. Historic Niagara Developments Inc. donated approximately $200,000 last year to the downtown, the BIA and COD community activities. Historic Niagara only owns approximately 20% of the downtown and it is impossible, unrealistic and unfair to expect it to carry the full burden of expenses related to the revitalization of the downtown. Even if it wanted to, Historic Niagara does not have the resources necessary to do it alone. Because of this, property owners and businesses such as Joe Mrkalj the owner of the Orchid building, Paul Sottile of Olsen Sottile Insurance, Dave Govan of the Camera Place, FayAnn Guilbeault from Martin Sheppard Fraser and all the new tenants of the street, the vast majority of which have leases and contribute financially to property taxes and BIA levies, have agreed to raise their own levy substantially because they all understand that it is a wise Tel.: 905.356.5444 4481 Queen Street Fax: 905•356•5667 ®1Z Niagara Falls, Ontario bia @niagarafallsdowntown.com NiF allS L2E 2L4 www.niagarafallsdowntown.com Board of Management investment. We must all share in the pain so we can share in the gain. They also understand that the negative consequences and losses to their property values and businesses are substantially and disproportionately more than the BIA levy increase if we do nothing. As well, during this difficult economic time, we all understand that if we intend to request funding assistance from the City or any other level of government, we will be expected to participate substantially ourselves. During the General Meeting, Sal DiPietro's letter expressing his concerns was read out to all those attending and his position was well articulated by Tony Barranca who put it forward in a motion which did not come close to being passed. As well, a letter from the Property Manager of the Hatch Building was read out as the Property Manager from the Management Company that attended the meeting can well attest. The new budget passed with very broad support without Historic Niagara Development having to exercise their legal proxies, In essence even if Historic Niagara Development's vote counted as only one, the measure received more than enough support from those attending to pass. It is a well -known fact that the worst investment in real estate is to own a high quality building in a decrepit location. When the downtown becomes the next Niagara -on- the -Lake, a building such as the Hatch building, which is owned by one of the world's largest real estate corporations and the 6 largest financial institution in Canada with $21.1 billion in assets as stated on their internet site, will increase its value by at least several million dollars. The reverse is also true. The BIA abided by its Constitution as well as the rules laid out in the Municipal Act. FayAnn Guilbeault, an attorney at Martin Sheppard Fraser LLP, who regularly advises the BIA on proper protocol and legal procedure, was present at the meeting and assisted in preparing the Notice to Members. Therefore, since the BIA has followed proper notice procedure and the recent General Meeting achieved one of the highest attendance levels in the history of the BIA, there is simply no reason for Council to reject its decision. We look forward to the continuation of this amazing reclamation of our downtown and having it evolve into a premiere cultural and historic vista. It will make all citizens of Niagara Falls proud of our City and our downtown and play a critical role in turning Niagara Falis into a truly world class city. Further, it will provide economic opportunity to many and provide a place for the artistic and creative expression of our unique local people. Yours sincerely, DOWNTOWN BOARD OF MANAGEMENT Mordechai Grun Chairman MG:Ic Downtown Niagara Falis: Where Friends Make the Difference NIAGARA FALLS DOWNTOWN BOARD OF MANAGEMENT THE BIA 2009 BUDGET Approved by the membership February 17, 2009 X E UR Advertising Staff Wages Beautification Summer Events Office Supplies Professional Fees Insurance Building City Clawback Property Improvement Rebate 2008 Carryover Media, Radio, Web General Manager Events Manager Administrator Lights, Christmas, Flowers, Banners Springlicious ($15,000.00) Operating Costs ($400 111 properties) TOTAL X2009 UtIGET $70,000.00 60,000.00 40,000.00 30,000.00 50,000.00 100,000.00 10,600.00 20,000.00 5,000.00 20,000.00 20,000.00 44,400.00 30,000.00 $500,000.00 (3/10/2009) Dean lorfida Stop The Insanity From: "Carmen Tartaglia" <ctar @sympatico.ca> To: <tsalci @niagarafalls.ca <jdiodati @niagarafalls.ca <sfisher @niagarafa... Date: 3/1/2009 8:48 PM Subject: Stop The Insanity On behalf of my wife Anna and partners Sal and Mary DiPietro I ask for your indulgence in reviewing the actions of the Downtown BIA at their Annual Meeting of February 17 2009. Due to the Death of Sal DiPietro's Mother earlier in the day we were unable to attend. I have been told that at the meeting attended by Mayor Salci and Chaired by Mordechai Grun that the Members present rejected our good will offer of a Budget increase from the existing $180,000.00 to $250,000.00. presented by Tony Barranca on our behalf. They chose to increase the Budget to $500,000.00, therein lies the insanity. I understand Mayor Salci did not vote on this increase. We knew Mordechai Grun was going to increase this budget to that figure and reluctantly requested the $250,000.00 knowing that it would be voted down given his control of the Majority votes on the BIA But we felt we would try and be reasonable even though it would put a strain on our ability to rent properties. For your information the HATCH Building beside City Hall is presently levied at $61,821.00 which will just about triple if council approves the BIA Budget. Imagine the owners, Desjardins Financial Services will have to pay over $180,000.00 in levy fees just for the privilege of having that building on Queen Street. That is not including their present property taxes which also could be increased. It is insane to think that they can afford to operate under such conditions. I have been advised by Ramesh Gosyne RPA the Senior Property Manager for this building that he is to say the least, very concerned about what is taking place with the BIA. In that regard he has made that fact known to Dean lorfida in an E -Mail message of 25/02/2009 in which he asks the BIA to provide several things and an explanation as to how they could even consider passing a budget for 2009 without having financial statements from last year. That is right Councillors the Annual Meeting was held and a new budget passed without anyone being provided a financial statement to show where the money was spent in 2008 and whether or not there were surplus funds available. That in itself is Constitutionally wrong. I am told that because the BIA transferred funds between itself and Celebrate Old Town, accountants Crawford Smith and Swallow were unable to have it prepared for the meeting. As of Friday February 27 it was still not available. Mr. Gosyne had his on site property manager present a Fax letter at the board Meeting advising that his firm was strongly opposed to the proposed increase of the BIA levy and very disappointed they were not officially informed or notified about the matter. The owner of the Provincial Court House Building at 4635 Queen Street is Escarpment Properties Ltd., one of the Principals is Mr. Jules Sigler both he and his Property Manager Ian Berry, advise that they were not advised of the Meeting and the proposed budget increase and are shocked to learn of it considering they are finding it difficult to fill vacant space there now. They will go from $5,761.00 to over $17,000.00. There are two of the larger properties affected but there are several others, including ourselves paying levies on seven properties now totaling $4500.00. Councillors I know you all can appreciate the difficult financial times everyone is facing and to burden landowners with this enormous increase at this time cannot be accepted, we can not be expected to simply pass these costs on to our tenants, it will not work and the properties will be even less marketable for perspective buyers. That goes for all the properties affected within the BIA boundaries. I ask that when this budget request for $500,000.00 comes before Council for review that it be denied and that further action be taken to act on all of our behalves to keep our levies reasonable, at a rate which is reflective of the low market rents we are experiencing at this time. No one can really afford an increase at this time. Thank you for the opportunity to express our concerns. Carmen Tartaglia bus. 905 354 -2551 Cell 905 327 -2788 aue 3/10/2009) Dean lorfida Fw BIA Annual General Meeting From: To: Date: Subject: Dean, Thanks Peter Di Leila "Peter Di lalla" <pdilalla @cogeco.ca> <d iorfida @niagarafalls.ca> 3/9/2009 4:35 PM Fw: BIA Annual General Meeting This is a copy of an email I sent to the BIA board members expressing my concerns with the BIA Feb 17 Annual Meeting. Please send a copy to all councillors as I would like the city to consider our position when it is time to vote on this matter. Original Message From: Peter Di lalla To: Downtown Board of Management Cc: tsalci @niagarafalls.ca Sent: Thursday, March 05, 2009 11:26 AM Subject: BIA Annual General Meeting Hi Lynne, Please forward this email to all BIA board members. To: All BIA Board Members I am Peter Di Lelia, owner of the Downtown Professional Building at 4701 St Clair Ave and I have concerns regarding the Annual meeting which took place on Feb. 17/09. First, let me say that, in general, I am a proponent of developing the downtown area, however tripling of the levy is a very large concern. We the property owners are footing the bill, and each and every one of us has the right to have been made aware of the meeting, given all the financial details (previous and proposed) prior to the meeting; so that we could have discussed, contributed, and voted in an informed manner. I am disappointed in the way the meeting was handled because of the following: A) I, nor many of the other owners, were notified by the BIA regarding the meeting. I only found out when called by a concerned property owner who informed me about it. I can't comment on the BIA's constitution (since I have never seen it), but I can say that the general practice for Annual General Meetings is that notice MUST be given in writing to all stakeholders at least 30 days prior to the meeting. B) The major topic on the agenda was the new budget almost tripling each stakeholders assessment, yet the previous year's financial were not available to review and discuss, and the new budget was lacking appropriate detail making it impossible to make an informed decision. C) There was confusion as to who had the right to vote, whether only owners, or tenants as well. If tenants are allowed a vote, then I and other multi- tenant building owner should have been informed so that we could have exercised our obligations as landlords to our tenants, to urge them to attend the meeting, or received their proxy to vote on their behalf. Since I am sure that there are other owners who share some of my views, I suggest that it might be appropriate to rescind the February meeting, correct and/or clarify the constitutional issues, and then schedule another meeting giving everyone a chance to review all documents prior to holding a vote. Page (3/10/2009 Dean lorfide Fw BIA Annual General Meeting g__� Page 2! Prior to that meeting, a list of all the levied properties in the BIA, complete with the amount each is currently levied and the contact information for both owners and tenants in each building, complete with a copy of the constitution, and a copy of last year's budget should be sent to each owner. Respectfully, Peter Di lalla (3/10/2009) Dean lorfida Fwd: of Yesterday Ramesh Gosyne RPA Senior Property Manager Avison Young Real Estate Management Services. Tel: 416- 673 -4042 Fax: 416- 955 -0725 From: "Ramesh Gosyne" <RGosyne @ay- on.com> To: <diorfida @niagarafalls.ca> Date: 2/25/2009 4:47 PM Subject: Fwd: Meeting of Yesterday Hi Dean, We are the property managers for the owners of 4342 Queen Street and we are very concerned about what is taking place with this BIA. The following is an e-mail I sent to the BIA today. Ramesh Gosyne RPA Senior Property Manager Avison Young Real Estate Management Services. Tel: 416- 673 -4042 Fax: 416- 955 -0725 Ramesh Gosyne 25/02/2009 4:28 pm Hi Lynne, I thank you for meeting briefly with me yesterday. I have reviewed the so called budget that you gave me and as a result I have a few questions. Since the owners of our property will be asked to foot the greater percentage of these costs, I think it is only fair that we understand the cost benefit for our proposed investment. As a result I would like to get the following documents from you ASAP. 1) A list of property owners(not tenants) that make up the BIA and their contact information. 2) A copy of the constitution of the BIA. 3) A copy of last years detailed budget 4) A copy of the 2008 Budget To Actual variance analysis with detailed explanations 5) A copy of the audited financial statements for 2008 6) A detailed budget for 2009 showing the actual for last year and the explanation for the 2009 budget numbers for each line item. What are the detailed benefits to the owners of our property for footing the majority share of this expense. We are very troubled that you can pass a budget for 2009 without having financial statements for the last year. Besides the so called budget has no detailed back up for any of it's proposed expenses. Your prompt response will be greatly appreciated Page 1 tip /13/2009) Dean lorfida Downtown BIA Budget From: Beth Potter <BPotter @watersmeredith.com> To: Ted Salci <tsalci @niagarafalls.ca Jim Diodati <jdiodati @niagarafalls.c... Date: 3/13/2009 3:44 PM Subject: Downtown BIA Budget Attachments: DowntownBIABudget 3132009.pdf Mayor Salci and Members of Council: Attached is a letter and enclosures regarding the Downtown BIA Budget increase. Thank you for your consideration. George L. Waters Beth Potter Waters Meredith Tchang LLP CA's Pho:905- 356 -4324 Fax:905- 356 -0964 bpotter @watersmeredith. com <mailto: bpotter @waters mered ith. com> This e -mail is intended only for the person to whom it is addressed (the "addressee and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use that a person other than the addressee makes of this communication is prohibited and any reliance or decisions made based on it are the responsibility of such person. We accept no responsibility for any loss or damages suffered by any person other than the addressee as a result of decisions made or actions taken based on this communication or otherwise. If you received this in error, please contact the sender and destroy all copies of this e-mail. Page 1 (3/13/2009) bean lorfida DowntownBlABudget 3132009 pdf Page 1 Partners: G.L. Waters, CA W.E. Meredith, B Sc, CA P.T. Tchang, CA, CFP March 13, 2009 Mayor Salci and Members of Council On behalf of our firm, we are opposed to the increase approved by the Downtown BIA Board in the 2009 Budget from $180,000 to 500,000.. The Council has been working on freezing the City taxes for 2009. We commend you on this. We request you do NOT approve the Downtown BIA Budget for 2009 and freeze it at the $.180,000. Yours very truly, George L. Waters Waters Meredith Tchang LLP Chartered Accountants GLW /bap Waters Meredith Tchang LLP Chartered Accountants Serving Niagara since 1965 4607 Huron Street, Niagara Falls, Ontario L2E 2146. Telephone: 905 356 -4324 Fax: 905 356 -0964 E -Mail: wm @watersmeredith.cdm Website: www.watersmeredith.com Associates: J.J. Javor, BA J.F. Henderson L.J. Griffis, BA, CGA J3/17/2009) Dean !arida Increase in levy From: Medhat Ibrahim <medhat.ibrahim @gmail.com> To: Mayor Ted Salci <tsalci @niagarafalls.ca Jim Diodati <jdiodati @niagaraf... Date: 3/16/2009 2:07 PM Subject: Increase in levy Hello, My name is Medhat Ibrahim, I am the owner of Queen Street Medical building. I am emailing you regarding the recent meeting of the BIA on February 17, 2009. Apparently during this meeting it was decided that the levy budget will be increased to 500 000. This will triple my present levy of $2,100. With the current global economical situation I urge you not to pass this budget during the next meeting on March 23, 2009 as this will be a devastating blow to a worsening situation. I think 1 speak on behalf of everyone to say that we can not afford this unexpected rise in expenses. .1 would like to bring to your attention also that the budget should not have passed especially because the BIA did not have a financial statement from the last year. As we are trying to increase the businesses and exposure of Queen Street, it would be a deterrent for future businesses to try to establish a home here with this new levy. It would also be a reason for current businesses to relocate which will hurt us all. Again, I urge you not to pass this budget. You only have to look at the current economical situation to realize that there is no need for this right now whatsoever. thank you, Medhat Page 1.3 Clerk's Stormed le: t BOARD OF DIRECTORS THE BIA NOTICE OF ANNUAL GENERAL MEMBERS MEETING NOTICE IS HEREBY GIVEN that the, Annual 'General Members Meeting of the MNITZEIR Board of Management: (the "BIA will be held at Mide Bistro at 4337 Queen Street, Niagara Falls, ON., on February 17, 2009 at the hour of 5:00•in the evening, for the purpose of: (1) receiving and .considering- the annual report arid financial statements for the year ended 2008 and•the reports of the auditors thereon; (2) receiving and considering the 2009 budget;' .(3) considering and, if thought advisable, passing, with or Without variation,,a special resolution -to increase the tax assessment; and (4)' transacting suchfurther and other business as may properly come before the meeting or any adjournment or postponement thereof; A description of'the matters tote submitted tolthe members at the meeting will be available at the BIA office, 4481 Queen Street, for review by members before the meeting if requested. All members are cordially invited to attend the meeting. All business and property owners in the REMMEMMI BIA area and on the member's list are eligible to vote. Memberswho are unable to attend the meeting,in person.are urged to exercise their right•to vote by completing, dating and signing.a'proxy. DATED this'29th day of January 2009: (signed) Mordeahai'Grun, Chair Board ;of Management Downt ,A) NiagaraFallS Pa° a Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Field User Fees Niagara/alls DATE: March 23, 2009 Councillor Diodati requested that correspondences related to the Field User Fees be provided for Council's information. Staff felt it was appropriate to reproduce the reports and minutes to show that the issue was fully vetted. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development (3/17 /20O9) Dean lorfida Fwd: Park Fees From: Jim Diodati To: Dean Iorfida; Denyse Morrissey Date: 3/16/2009 9:39 AM Subject: Fwd: Park Fees Dean, Please add this to our packages..thanks. Jim "Iswatman" <iswatmanl a@cogeco.ca> 3/15/2009 2:52 PM Honorable Mayor and members of City Council: My name is Warren Swatman. I represent the Niagara Falls Umpires Association, as well as the league that plays at Palmer Park and Pat Cummings Park. I am not against user fees. I certainly question the timing and the cost. I was notified of the new Park Fees by mail on Wednesday, March 11. Information is sent out to the teams by Feb 1, with cost per team, umpires fees, etc. This way they have time to arrange sponsors or collect moneys from team members. On March 28, a deposit is required. If at that time they are told that an additional $428.00 per team has to be paid as well, I do not believe there will be enough teams to run a league. That would be a shame. There has been slo -pitch at Palmer for more than 30 years. Vansickle Park in St Catharines has state of the art diamonds and "good" facilities; restrooms and snack bar. They will be paying less than the proposal of the Council in Niagara Falls. In St Catharines, the lights are included, and they have lights on all diamonds. I also have real concerns about tournaments. With the proposed fees, the cost would double. That is what happened in St Catharines and they no longer have tournaments there. A suggestion might be to have a set price per week -end. At $300- $400, the tournament can absorb the cost and use the parks, rather than having them sit empty. There can be no funds generated with empty diamonds. In closing let me say that I believe the proposal before you is not acceptable as is. I am available any time at (905) 374- 1672 or (905) 932- 4159..Please feel free to contact me, or any of my teams. Page 1, 9 bean lorflda Re: ark fee (31171200) p Page 1 From: Denyse Morrissey To: Iswatman Date: 3/13/2009 8:29 AM Subject: Re: park fee CC: Rob McDonald Hi Warren, More than happy to meet with you. Rob will call to you to see what works for all our schedules given next week is March break. Regards, Denyse lswatman" <Iswatmani tcogeco.ca> 3/13/2009 5:55 AM Denyse this is warren from the niagara falls umpires slo -pitch plamer chippawa i have no real problem with the park fees but have a few questions if iam doing this right and a few other just wondering if 1 can make a appointment with you to go over this thank you WARREN 905 374 -1672 (3/17/2009) Dean lorfida User the for sports playing fields From: To: Date: Subject: It has come to our attention that the City of Niagara Falls has passed R- 2009 -04 user fee for sports playing fields. To the users of the parks for many years this has come with great surprise. No notice or advance warning has be given to the users prior the 2009 season. Many plans have been made and put in place, the same way we have been doing it for the past number of years. We run a slo -pitch tournament out of Patrick Cummings Park for the past 4 years. We started with 21 teams and have grown each year to a total of 45 teams last year. Teams from as far away as Sudbury have be attending our tournament. The spin -offs the city receives such as hotel rooms, restaurants, casino and attractions. People want to bring families to these tournaments because there is so much to do in Niagara for "families There should not charge user -fees for weekend tournaments or just a flat rate to cover park expenses for the weekend. We used 8 diamonds last year from 8:OOam to 6:00 pm (10 hours x 25.00 x 8 diamonds 2000.00) Saturday and from 9:00 Sunday to 6:00 Sunday. (9 hours x 25.00 x 8 diamonds 1800.00) 3800.00 total additional expense) We would have to charge each team and additional 100.00 to cover the user fees you have set out. I know that teams will not pay this extra cost, thus our tournament would have to be cancelled. This is just our tournament. There has been tournaments in Chippawa thru out the past summers and the user fees will kill off any tournaments in Chippawa's future. Since tournaments are run on the weekend, the diamonds have only been screened lined prior to Saturday morning and nothing done to them again until Monday morning. No cost to the City). The washrooms are port a potties. Usually not cleaned prior to tournaments and never look at until after the tournament. I know we have had to go get toilet paper Sunday morning because there was none left. The garbage pails over fill and the park becomes a mess. With the tournaments being run, the City has no additional cost for any tournament run out of Patrick Cumming Park. We could possibly see understand user fees if there were lights, washrooms, concessions, someone maintaining the fields, overhead to the City. But so far there has not been any. Regards Garth Wintle Warren Swatman Niagara Falls Umpire Association Slo -Pitch tournament August 15th 16th, 2009 "Garth Wntle" <gwintle @niagara.com> <co u ncii@ n is ga rafa ll s. ca> 3/16/2009 4:17 PM User fee for sports playing fields January 19, 2009 Ni agara F alls and Members of Corporate Services Committee City of Niagara Falls, Ontario Councillor Victor Pietrangelo, Chair Members: Re: R- 2009 -01 Playing Field Fees RECOMMENDATION: That playing field fees be developed for implementation in 2009. BACKGROUND: Working Together to Serve Our Community R- 2009 -01 The recommendation(s) contained in this report were adopted in committee and ratified by City Council Municipalities are the traditional deliverers of recreation services to the local residents. Naturally over time, there is a demand for increased programs and services. Recreational services, especially in our community, have often not been charged for and, therefore, subsidized by the taxpayer. Given the challenges faced with the 2009 budget, and what is anticipated to be a similar financial situation in future years, Council directed staff to review potential new revenue sources. Now may be the time to start incrementally implementing some user fees associated with recreation services. Such fees were anticipated in the Council- approved, "City of Niagara Falls Strategic Plan for the Provision of Parks, Recreation, Arts and Culture The plan stated the following in regards to user fees: User Fees "Although Niagara Falls charges fees for number of recreation services, it does not have a comprehensive user fee policy that provides a rationale for a full range of user fees and charges, ora documented strategy for revenue enhancement. Similarly, fees are charged for some services while others (e.g., playing fields) require no fees for use, which reflects inconsistency in the use of fees. increasingly, municipal leisure authorities am being asked to provide expanded and improved services without resources from senior levels of government. Capital grants from Province of Ontario for recreation facility development were common place in Ontario for the past 20 years and contributed to the current supply of recreation and cultural facilities in most communities. Grants of this type am not longer available. Similarly, operating grants and special program grants are ram and changes in legislation (e.g., the revised Development Charges legislation) make it increasingly difficult to access non municipal funds for parks, culture and recreation facilities and programs. The full cost of leisure services is now largely the responsibility of the local municipality. This shift in responsibility ls, of course, accompanied by a continued resistance among local taxpayers to increases in their assessments for municipal services 4310 Queen rr}i Box 1023 '.Niagara tails, ON Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Community Services Department Parks, Recreation C January 19, 2009 R- 2009 -01 For municipalities, therefore, the challenge is to generate a large share of capital and operating funds from sources other than the local tax base without restricting the community's access to essential leisure services. To accomplish this, municipalities require effective user fee policies and a more aggressive approach to securing alternative revenue sources. Such a policy should be developed with the objective of maximizing revenues without restricting access to parks and recreation services. Parks and Recreation Ontario has developed guidelines for municipalities preparing user fee policies with this objective in mind. The Parks, Recreation and Culture Department should use these guidelines to prepare a detailed user fee policy for all facilities, including outdoor playing fields, to maximize revenues from users. A key component of the user fee policy should be consistency in its application. Consequently, the policy should apply equally to all indoor and outdoor facilities, While fees may vary, there is no reason why user fees would not apply to all municipal recreation facilities." 2009 Future PRC Budgets Potential Revenue Generation The 2009 draft operating budget includes the cost to provide seasonal sport playing fields at approximately $792,000. The majority of the City's field budget is currently funded by the tax payer and represents 1.8% of the tax levy. With Council's approval, the municipality has implemented user fees for the new artificial turf field, which expected to generate an income of $20,000. It is appropriate and fiscally responsible for the prime beneficiaries and, arguably, the exclusive users of the fields to be charged and contribute toward the cost of this recreational service. Attached is a chart of other municipalities, which charge playing field fees. Some municipalities of similar size to Niagara Falls are generating in the $80,000 to $100,000 range per year from basic field fees. Additional revenue could also be generated by charging out -of -town user groups a 50% surcharge. Out -of -town groups are generally defined as those which do not pay any City of Niagara Falls property taxes. As staff is currently scheduling and coordinating all field bookings and permits, there would be minimal additional expenses related to administration if user fees were implemented. Implementation Plan The implementation plan for new Playing Field User Fees would include the following steps: A report presented to City Council outlining and recommending proposed fees by the end of February 2009. Adult resident and non resident organizations, out of town and special event playing field fees to being implemented in the 2009 spring /summer season. Local youth playing field fees to be prepared for Council's consideration by the end of June 2009 for implementation in the 2010 spring /summer season. Staff meet with applicable user groups to discuss and outline the implementation plan. January 19, 2009 User Fee Policy: Identified as Beneficial As indicated, a comprehensive User Fee Policy would be beneficial. It would apply equally to all indoor and outdoor facilities with the objective of maximizing revenues without restricting access to parks and recreational services. A Draft User Fee Policy (Attachment 2) Es provided for information purposes at this time. This policy will be developed around five guiding principles, which relate to the provision of services: healthy living, quality, diversity, affordability and accessibility. It is intended as a general guideline that would help provide a consistent approach in the allocation of costs, setting of fees and delivering of recreational services. Recommended by: Approved by: Attachments: V:12009COUNCIL12009 01 261R- 2009.01- Playing Field Fees.wpd Ed Dujlovic, cutive Director of Community Services R- 2009 -01 Denyse Morrissey, Director of Parks, Recreation Culture Tournament Fee I Mn vry O^ oN I t, or SaA I l I L I f I "N l 1 vry r I av^ I f O N 1 Light Charge Yes SBA saA saA s aA l saA i i saA 1 I l saA saA 1 SO)„ 1 1 1 SSA 1 1 s aA 1 1 saA 1 1 saA 1 1 saA saA Non resident Rate No saA saA saA SSA S9A SG), saA saA sa A SSA SS A sa SG), saA Resident Rate No saA SaA se,, saA saA saA s aA I saA SG), I saA S9)„ saA saA L_ saA Municipality City of Niagara Falls (82,184) i I i i own or tort tree (Z 698) I 1 1 ury or or. catnannes (124,091) 1 p 1 i i cIry or I norola (1 646) 1 f i 1 �Iry OT Wellana (4/, 236) i l l I ii 1 I Own OT LInCOIn (Zi, rib) j Town of Niagara-on-the-Lake (13, 661) i l i, I own or reinam (lb, rob) i i I Lefty or roa (Oioorne (18, 003) i 1 l i i I own or unmsoy (23, 927) i r I t i f( I 1 i i, i! 1 I ownsnlp or walntleet (6, 214) City of Windsor (216, 473) City of London (323, 615) i j I I own or uaKwne (144, 128) 1 i i uIry or eranuora (93, 687) i i i I�,Iry or uunmgton (150,000) Attachment 1 User Field Survey DEPARTMEN' Community Service PARKS, RECREATION CULTURE 1. POLICY PURPOSE ATTACHMENT 2 DAE EFFTED' ebritary X2009 Ii POLICY: User Fee Polity Report: R- 2009 -01 SECTION: 1000. Page 1 of 2 The City of Niagara Falls Parks, Recreation Culture User Fee Policy is intended as a general mechanism for effectively allocating and recovering the cost of service, and the extent of tax payer subsidy dedicated to operating recreational facilities and services. It is intended to provide a consistent approach to setting user fees and to ensure a reasonable and equitable proportion of the costs to deliver recreation services, facilities and parks are recovered through user fees. The setting of user fees takes into consideration who benefits from the service which can include the general public, the individual, an organization, non residents, or a private for profit user such as a business. 2. STATEMENT OF GUIDING PRINCIPLES The City of Niagara Falls Parks, Recreation Culture is committed to providing its residents with a range of recreational opportunities and parks services to improve health and quality of life. People of all ages and abilities can access a variety of physical and non physical activities at the City's facilities and parks. Parks, Recreation Culture will continue to investigate potential new sources of revenue (e.g. grants, partnerships, alliances and new services) and support appropriate funding efforts of groups and organizations to help offset the costs to the municipality in providing services and operating facilities. The following guiding principles relate to the provision of services that address healthy living, quality, diversity, affordability and accessibility. The City of Niagara Falls is committed to ensuring that all user fees for facilities and services be set in accordance with the following guiding principles: Healthy Living To provide a range of recreational and cultural opportunities, facilities and services for residents of all ages and abilities to help foster healthy lifestyle in the community and active living. Quality To provide services that reflect the highest reasonable level of customer service and facility maintenance. FT Diversity To provide a range of services that reflect the diversity of needs and interest in our community. To encourage cross cultural participation and programs to include activities of interest to Niagara Falls' diverse community. Accessibility To ensure programs and services are provided in safe and comfortable environments. To remove physical, financial, gender, social and cultural barriers that may prevent Niagara Falls residents from participating in programs and entry into our facilities. To actively develop flexible programs and services to meet the changing needs recreational trends and interests in the community. Affordability To recognize the importance of partnerships and the importance of facilitating new product development, particularly in the area of sports and recreational tourism. To ensure the most effective use of City resources to maximize all opportunities for partnership development, sponsorship and grant development and fiscal responsibility. To allocate its limited resources and municipal subsidy to those users designated most in need which could low- income households, children and youth, seniors and special populations. User fees should take into consideration Niagara Falls' social and economic circumstances and values. 3. REVIEW OF FEES Recreation and parks user fees can represent a significant revenue to the City of Niagara Falls to recover costs and thereby offset the direct subsidy by the taxpayer. User fees will be subject to be review on a minimum of an annual basis. The review will include the consideration of the overall base cost of services which would include program costs, facility costs, and the administrative support costs. It will also take into consideration the operational mandate of Parks, Recreation Culture, the broader fiscal environment of the City ofNiagara Falls, the Niagara Region. 13 January 26, 2009 Council Minutes 2. the Region incorporate northwest area within the urban area to be promoted as an employment node due to its proximity and exposure to the QEW in order for the City to satisfy the identified role of the City as a major employer in the region and to implem ent the recommendations of the Gateway Economic Zone Study; 3. staff working in conjunction with the Region to secure incentive programs for the City to further develop employment lands as part of the Gateway Economic Zone; and 4. staff undertake with the 2009 Planning Work Program the review of the Residential, Housing and Industrial policies of the Official Plan to implement the City and Regional growth management studies discussed in this report. 3. TS- 2009 -04 Beaver Valley Way and Beaverton Boulevard All Way Stop Control 1) That an all -way stop control be installed at the intersection of Beaver Valley Way and Beaverton Boulevard; and 2) That staff re- evaluate six months following implementation. 4, TS- 2009 -12 Ramp Retrofit of Four City Buses 1) That the supply and installation of four accessibility ramps be awarded to Mississauga Truck and Bus Collision at an upset limit of $107,424.24 2) That the Mayor and the Clerk be authorized to execute the necessary agreements. 5. That staff investigate signage that is blocking decorative lighting in the Fallsview area. 6. That staff prepare a report on spectator heating in the City arenas. 7. That the sidewalk on the north side of Mountain Road between January Drive and Dorchester Road be added to the sidewalk snow plough list. RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the actions taken In Corporate Services, on January 19 and 26, 2009 be approved. Carried Unanimously 1. That the minutes of the December 15, 2008 and meeting be adopted as recorded. 2. R- 2009 -01 Playing Field Fees 1) That playing field fees be developed for implementation in 2009. 3. CAPITAL BUDGET WORKSHOP 1) That the $3.9 million grant from the Provincial Government be applied to 2009 Capital Projects. 2) That staff investigate a "pay as you go" philosophy for future capital projects and report back on the Implications. February 23, 2009 BACKGROUND: Niagaraj7aIls CAN 1) A Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: R- 2009 -04 User Fees for Sports Playing Fields RECOMMENDATION: Working Together to Serve Our Community 1150 Montrose Road Unit9, Niagara Falls ON; Canada 1:21 9053567521 www niagaraf ?IIs.ca R-2009-04 The recommendation(s) contained in this report were adopted by City Council That the Sports Playing Fields fee schedule be approved effective May 1, 2009 for the spring /summer 2009 season for adult residents, adult nonresident organizations, and nonresidents special event/tournament playing field fees. As outlined in the Playing Field Fees report (R- 2009 -01), many municipal governments are grappling to ensure that all user fees are reflective of the cost to provide the service with a fair and equitable balance of subsidization through tax dollars. The provision of all sports fields at no charge results in 100% of the costs being solely paid by the taxpayer. Council approved, on January 19, 2009, 'that playing field fees be developed for implementation in 2009" based on the following implementation plan: A report presented to City Council outlining and recommending proposed fees by the end of February 2009. Adult resident and nonresident organizations, out of town and special event playing field fees will be implemented in the 2009 spring /summer season. Local youth playing field fees will be prepared for Council's consideration, by the end of June 2009 for implementation in the 2010 spring /summer season. Staff will meet with applicable user groups to discuss and outline the implementation plan. Community Services Department Parks, Recreation Culture February 23, 2009 -2 R-2009-04 The City of Niagara Falls has generally subsidized the cost of sports playing fields (baseball, softball, slo -pitch and soccer) for all out of town users, and tournaments which may also be for profit events. Playing Field Fees: Proposed 2009 The sport field fees being recommended are based on the principle that user groups, sport organizations and /or other corporate users should contribute toward the cost of recreation service delivery by paying fees. The proposed playing field rates have been recommended by reviewing the fees charged in a number of other communities. The fees are not intended to provide full cost recovery and would generate new revenues to marginally offset the annual operating costs of athletic field services. A common approach is for City playing fields to be designated as a Category "A or B or C" field. The designation is generally tied to the basic features provided at each park and the general maintenance level provided at the playing field. Generally the higher the level of maintenance or parks amenities or services the greater the cost of operating the fields or the park. The list of City playing fields based on an A, B and C schedule Category is attached. (Attachment 1). 2009 Athletic Field Proposed Rates Description A CATEGORY PLAYING FIELDS Non Resident Minor/Youth Sport Organization Resident Adult Not For Profit, Sport Organization Non Resident Adult Not For Profit, Sport Org. Commercial, Private Clubs or For Profit Lights per usage to a maximum of 3 hours B CATEGORY PLAYING FIELDS Non Resident Minor/Youth Sport Organization Resident Adult Not For Profit, Sport Organization Non Resident Adult Not For Profit, Sport Org. Commercial, Private Clubs or For Profit C CATEGORY PLAYING FIELDS Non Resident Minor /Youth Sport Organization Resident Adult Not -For- Profit, Sport Organization Hourly Rate $20.00 $25.00 $37.50 350.00 325.00 $15.00 $20.00 $30.00 $40.00 Seasonal /Hourly mom/ $5.00 $200.00 310.00 GST TOTAL $1.00 $1.25 $1.88 $2.50 $1.25 $0.75 $1.00 $1.50 $2.00 GST. 35.00/10.25 $10.00/30.50 $21.00 $26.25 $39.38 352.50 $26.25 $15.75 $21.00 $31.50 $42.00 TOTAL $105.00/15.25 $210.00/310.50 In a few specific cases organizations have provided significant financial contributions to park field development based on a partnership model. It is recommended that the "Johnson Over 40" softball league be exempt from user fees at Don Johnson Park. Any fields booked at other City parks would require the applicable fees to be paid. February 23, 2009 R- 2009 -04 The fees, pending approval of Council will be outlined to the applicable users immediately by staff, and in conjunction with the annual spring /summer field allocation meeting which is scheduled for March 26, 2009. Recommended by: h WItvhs Approved by: Denys Morrissey Direct gf of Parks, Recreation Culture lev Ed Duj ic E Attachment S:1Council\Council 20091R- 2009.04 User Fees for Sports Playing Fields.wpd rector of Community Services Category A: Category B: Category C: BASEBALL CATEGORY B Oakes #2, 3 Ker #2, 3, 4 P. Cummings #7 Prince Charles A. G. Bridge #1, 2 Don Johnson #1, 2 Palmer #3 John Allan 111, 2 L. B. Pearson Houck #1, 2 Chippawa Lions #1 CATEGORY C Gus Munro Glenview Meadowvale A. J. McKinley Crowland Park Riverview Attachment 1 R- 2009 -04 SPORT FIELD CLASSIFICATIONS washrooms, bleachers, maintained /lined daily; may have lights bleachers, maintained /lined regularly, portable washroom(s) designated primarily for practice use; often located in neighbourhood parks; not eligible for tournament use CATEGORY A Oakes #1 (Lights) Ker #1 (Lights) Palmer #1, 2 (Lights) Patrick Cummings #1, 2, 3, 4, 5, 6 SOCCER Multi- purpose Sports Fields Kalar Artificial Turf Field #6 CATEGORY A Oakes Mitchelson #1 (soccer /football) Kalar #5 CATEGORY B Mitchelson: Mini #2, 3, 4 Intermediate #5, 6 Senior 5/6, 10 Kalar: Mini #7, 8 Intermediate 2, 3, 4 Senior- #1 Ker #1, 2, 3, 4 McKinley Cherryhill Park CATEGORY C Kalar Practice Field L. B. Pearson Ker Hydro Field (Swayze Drive) Grey Robinson Prince Edward Prince Charles March 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -07 2009 Schedule of Fees for Services RECOMMENDATION: BACKGROUND: Recommended by: Approved by: Niag araaaaaaaaaJalls CANADA That the Schedule of Fees By -law, listed under the by -law section of the agenda, be approved. The Municipality has a series of user fees which cover a wide spectrum of services provided to the public. The 2009 user fee booklet has been compiled and will be published by the Finance Division. Changes in respect to the individual user fees for 2009 will be considered as an integral part of the 2009 Budget process. As per the Municipal Act, 2001, a copy of the Schedule of Fees booklet will be available for public inspection. Todd Harrison, Director of Fihahcial Services Ken Burden, Executive Director of Corporate Services Queen Street PO Box ON Can L2E6X5 90535677521 www.nia garafalls.ca Working Together to Serve Our Community F- 2009 -07 Corporate Services Department Finance March 23, 2009 F- 2009 -11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: For the information of Council. BACKGROUND: (a) (b) (c) (d) (e) (9) NiagaraJalIs C A N A D A Re: F- 2009 -11 Payments in Lieu of Property Taxes Report The revenue to sustain municipal operations is generated from a variety of sources including taxation, user fees and grants from other levels of government among others. A significant source of revenue for the City is known as Payments In Lieu (PIL) which contributes $9.7 million annually. PIL's are payments made by other levels of government to the City for the properties that these governments own. Since senior levels of government are not required to pay property tax, a series of payments have been developed over time that are intended to be fair and equitable to the municipalities that levy property taxes. The annual payments are determined differently for the various properties. Some pay amounts based on assessed values using tax rates, while others are determined by legislated amounts. Examples of legislation determining the payment in lieu amounts include: subsection 27(3), section 27.1 or 27.2 of the Assessment Act, section 323 and subsection 324(4) of the Municipal Act, section 4 of the Municipal Tax Assistance Act, section 71 of the Ontario Water Resources Act, section 84 of the Electricity Act, 1998, the Payments in Lieu of Taxes Act (Canada), or any Act of Ontario or of Canada or any agreement where the payment is from any government or_ government agency and is in lieu of taxes on real property. 370bulert;5treet P r.Bozs1023 Nia*ara FaiiS ON Canada -t E 6X5 9 5 Working Together to Serve Our Community Corporate Services Department Finance March 23, 2009 2 F- 2009 -11 Appendix A attached identifies the different government organizations that the City of Niagara Falls currently receives payments in lieu of property taxes. It also indicates which payments are tax rate dependent and which ones are not. These organizations are invoiced annually according to legislative requirements listed in the above mentioned Acts. The City has an additional revenue stream from the Niagara Parks Commission that is a partial PIL. The revenue stream contributed approximately $956,000 in 2008 and consisted of two parts. The first element is a PIL payment and is determined using a value per hectare of land as established in the Niagara Parks Act. The second portion of the payment is due to a voluntary agreement for services entered into by the City with the Niagara Parks Commission. This amount was $951,000 in 2008. The agreement will end in 2009 and will need to be renegotiated for 2010. Council has requested that staff investigate whether payment in lieu properties could generate additional revenue for the City. Since payment in lieu amounts are invoiced according to legislative authored by other levels of government, the opportunity for the City to receive additional revenue from these properties is minimal. However, where PI L's are determined using tax rates, an increase in revenue may occur if there is a tax rate increase. Recommended by: Approved by: AF:Iw Todd Harriso�{, Dirreejcttoor f Finance Ken Burden, Executive Director of Corporate Services Organization PIL Amount (City Portion) Legislative Authority Niagara Peninsula Energy $143,657 Assessment Act Niagara Falls Bridge Commission $20,605 Tax Rate Niagara Housing $4,953 Municipal Tax Assistance Act Dependent Ontario Lottery Gaming Corp $5,929,670 Provincial Properties $92,296 Regional Niagara $515,052 Ontario Water Resources Act $6,973,255 Hydro One Services $77,197 Power Corporations Act Ontario Power Generation $107,402 Federal Properties $82,424 Municipal Grants Act (Canada) Power Dams $2,129,305 Province of Ontario Niagara Falls Bridge Commission $35,399 Assessment Act Non Niagara Health System $20,610 Municipal Grants Act (Canada) Tax Rate Hydro One Services $444,096 O.R. 387/98 Dependent Canadian Niagara Power $12,296 CP Rail $52,483 $2,782,299 CN Railway $88,112 TOTAL Payment -in -Lieu (2008) $9,755,554 $9,755,554 March 23, 2009 Appendix A F- 2009 -11 March 23, 2009 CD- 2009 -05 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: CD- 2009 -05 Reserve Funds RECOMMENDATION: That Council receive the information in the report; and That Council approve the request for use of the Heritage Week Reserve Fund; and That staff prepare an appropriate by -law, if the request is approved. BACKGROUND: At the February 9 meeting, Council passed the following motion: that staff report back regarding future uses of the Heritage Week Reserve Fund. It is appropriate to provide some background on reserve funds, in general, and then specifically address the Heritage Reserve Fund. A reserve fund is a fund established, by by -law, to account for assets which have been segregated for a specific purpose, either voluntarily, statutorily (i.e., Development Charges Act) or because of contractual reasons (subdivision agreement). For reserve funds that result from a voluntary decision of a municipal council, the establishment of the reserve fund has to be "for any purpose for which it (the municipality) has the authority to spend money" on, as per section 417(1) of the Municipal Act. The question was posed whether money in a reserve fund has to be spent or applied to the original purpose of the fund. The answer is no. A reserve fund can be spent for other purposes, other than what the reserve fund was established for, as long as the council passes a by -law (s. 417(4) of the Act). The Heritage Week Reserve Fund was established as a result of the proceeds from the Niagara Falls Centennial Book. As indicated in the letter provided by the book's author and City historian, Mr. Sherman Zavtz, there is slightly more than $58,000 in the fund. OQueenStreet PO�BOZ,1023 Niagarafalls,ON,Canada C2E6)3 905- 356 -7521 www.niararafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks March 23, 2009 2 CD- 2009 -05 Unfortunately, a by -law was not prepared at the time of the establishment of the fund outlining how the funds would be applied. Mr. Zavitz, through the Heritage Week committee, has made suggestions for disposition of the fund: $25,000 to the Niagara Falls Public Library and the City of Niagara Falls Museums, respectively, with the remainder being spent on a reprint of the book. As indicated, although Council does not have to spend the reserve funds on a heritage related endeavour, staff feels that the suggested application of the funds is in keeping with the intent at the time of the centennial initiatives. If Council is agreeable, an appropriate by -law will be prepared for the next Council meeting. Recommended by: Approved by: D an lorfida, ity Clerk erk K. E. Burden, Executive Director of Corporate Services r I CLERKS NI NI;. E',L To: Mayor Ted Salci and Members of City Council Re. Funds in the Heritage Week Committee Account March 2, 2009 As you may recall, in late 2002 a Niagara Falls Centennial Book Committee was formed, made up of members of the Heritage Week Committee, augmented by other individuals invited to be a part of this special project. Funded by the city as well as various local individuals, companies and businesses, the committee prepared a book entitled "Images of a Century: The City of Niagara Falls Canada 1904 2004." Intended to commemorate the city's 100 birthday and provide a record of its first century, the main part of the book was divided into 10 chapters, each dealing with a decade of the city's history. Published by the City of Niagara Falls, "Images of a Century" was released in the fall of 2004 and was an immediate success, all 2,500 copies selling very quickly. A reprint of 1,500 copies was equally well received. The book is now available in a DVD format. At the time the book was being written, the committee decided that, with council's approval, it would like to see the proceeds from the sale of the book divided equally between the Niagara Falls Public Library and the City of Niagara Falls Museums, each of which provided a large portion of the photos and other materials used in the book. This funding would help to preserve and enhance the heritage services provided by these facilities to the citizens of Niagara Falls. There is slightly over $58,000.00 in the account. The committee is recommending, therefore, that $25,000.00 be given to the Niagara Falls Public Library and an equal amount to the City of Niagara Falls Museums. In discussing this proposal with the museums' staff, they stated the money would be used to purchase reference materials concerning the city's heritage, including the War of 1812, which would be placed in the new research room that will be part of the expanded Lundy's Lane Historical Museum. The library would undertake the production of digital images of existing Niagara Falls artwork as well as other items relating to the history of the city and the War of 1812. These would be made available to a wide range of researchers and would also be on the library's web site. The committee would like to keep the balance of the fund ($8,009.01) as seed money for a proposed reprint of "Images of a Century" in 2014. This would include an additional chapter highlighting another decade of the city's history from 2005 to 2014. It would also coincide with the final year of the War of 1812 Bicentennial. We hope this meets with your approval. sz:amz Respec y submitted, Sherman Zavitz Chair Niagara Falls Heritage Week Committee Reserve funds 1. 417. (1) If a local board, as defined in the Municipal Affairs Act, or any other body exercising a power with respect to municipal affairs under any Act in unorganized territory does not have power under another Act or another section of this Act to establish and maintain a reserve fund, it may, under this subsection, provide in its budget for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend money. 2006, c. 32, Sched. A, s. 181. Approval (2) If the approval of a municipality is required by law for a capital expenditure or the issue of debentures by or on behalf of a local board, the local board must obtain the approval before providing for a reserve fund for those purposes in its budget. 2001, c. 25, s. 417 (2). Investment (3) The money raised by a body exercising a power with respect to municipal affairs under any Act in unorganized territory for a reserve fund shall be paid into a special account and may be invested only in the securities or classes of securities prescribed. 2001, c. 25, s. 417 (3). Expenditure of reserve funds (4) A municipality may by by -law provide that the money raised for a reserve fund established under subsection (1) may be spent, pledged or applied to a purpose other than that for which the fund was established. 2001, c. 25, s. 417 (4). Regulations (5) The Lieutenant Governor in Council may make regulations prescribing securities or classes of securities for the purpose of subsection (3). 2001, c. 25, s. 417 (5). March 23, 2009 F- 2009 -13 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -13 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $16,350,361.64 for the period February 5, 2009 to March 4, 2009. BACKGROUND: NiagaraJ7alls CANADA The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Approved by: Todd Harr1 Dir of Financial Services Ken Burden, Executive Director' of Corporate Services Q nStr et,4O Box_7023 Niagara`FallsON :Canada L2E'6X5 905356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 1477984 ONTARIO LTD 2 GUY'S GLASS INC 2030688 ONTARIO LTD 3C INTERNATIONAL CIO CLARKE SNOW RILEY LLP 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUPP 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUPP A COUPLE OF CHICKS MARKETING LTD AA INTERNATIONAL CONSULTANTS ACCU LOCK AND SECURITY ADVANTAGE CAR TRUCK RENTALS LIMITED AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALPINE PEST CONTROL AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANTONIO,CHUCK APPLIED RESEARCH ASSOCIATES INC AQUICON CONSTRUCTION CO LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ATKINSON,RICK AURICCHIO,JOSEPH B B LIFT TRUCK SERVICE B C TRUCK CENTRE (PARTS) B C TRUCK CENTRE (PARTS) B C TRUCK CENTRE (PARTS) BARCLAY TODD'S BARCLAY TODD'S BARNHART,CLIFF BAUMANIS,HUGH ALEXANDER BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BERMAN,WAYNE BERMUHLER,ROBERT BETTY'S RESTAURANT BICKLE MAIN INDUSTRIAL SUPPLY BIG BEE CONVENIENCE BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BOB GALE RECREATION FUND BOBBY THE BUILDER, BORDEN LADNER GERVAIS BOUTILIER,J BOYS GIRLS CLUB OF NIAGARA BRINDA,ED BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK,ANDY Cheque No. Cheque Dale Purpose 326994 25- Feb -2009 CONTRACT SERVICES 326841 18- Feb -2009 MATERIALS 327160 04- Mar -2009 MATERIALS 326995 25- Feb -2009 CONTRACT SERVICES 326996 25- Feb -2009 MATERIALS 326720 11- Feb -2009 CONTRACT SERVICES 326842 18- Feb -2009 FINANCE RENOVATIONS 326721 11- Feb -2009 SERVICES 327161 04- Mar -2009 MATERIALS 326999 25- Feb -2009 SERVICES 327000 25- Feb -2009 REFUND PARKING TICKET 326722 11- Feb -2009 MATERIALS 326844 18- Feb -2009 MATERIALS 327001 25 -Feb -2009 MATERIALS 327162 04- Mar -2009 CONTRACT SERVICES 326723 11- Feb -2009 CONTRACT SERVICES 326845 18- Feb -2009 MATERIALS 327163 04- Mar -2009 CONTRACT SERVICES 327002 25- Feb -2009 LEASES AND RENTS -FENCE /LION: 326846 18- Feb -2009 SERVICES 326724 11- Feb -2009 PAYROLL REMITTANCE 326847 18- Feb -2009 PAYROLL REMITTANCE 327003 25- Feb -2009 PAYROLL REMITTANCE 327164 04- Mar -2009 REMITTANCE 326726 11 -Feb -2009 TRAVEUMILEAGE 327004 25- Feb -2009 SERVICES 327165 04- Mar -2009 CONTRACT SERVICES 326848 18- Feb -2009 SUPPLIES 327005 25- Feb -2009 STORES /INVENTORY 327166 04- Mar -2009 MATERIALS 326849 18- Feb -2009 CONSULTING SERVICES 327167 04- Mar -2009 CONSULTING SERVICES 327168 04- Mar -2009 REFUND 327006 25- Feb -2009 SENIOR TAX REBATE -REPL CHQ 327169 04- Mar -2009 MAINTENANCE /REPAIRS 326851 18- Feb -2009 SUPPLIES 327007 25- Feb -2009 MATERIALS 327172 04- Mar -2009 MATERIALS 326727 11- Feb -2009 SUPPLIES 327170 04- Mar -2009 MATERIALS 326728 11- Feb -2009 REFUND 327171 04- Mar -2009 REFUND -TAX OVERPAYMENT 326855 18- Feb -2009 MATERIALS 326729 11- Feb -2009 UTILITIES 326853 18- Feb -2009 UTILITIES 326854 18- Feb -2009 UTILITIES 327008 25- Feb -2009 UTILITIES 327009 25- Feb -2009 UTILITIES 327173 04- Mar -2009 UTILITIES 327174 04- Mar -2009 UTILITIES 327010 25- Feb -2009 LEASES AND RENTS 326730 11- Feb -2009 TRAVEL/MILEAGE 326856 18- Feb -2009 REFUND 326857 18 -Feb -2009 MATERIALS 327011 25- Feb -2009 MATERIALS 327157 26- Feb -2009 REFUND 326731 11 -Feb -2009 MAINTENANCE /REPAIRS 327012 25- Feb -2009 SERVICES 327176 04- Mar -2009 SERVICES 326732 11- Feb -2009 REMITTANCE 326859 18- Feb -2009 REFUND 327177 04- Mar -2009 SERVICES 327013 25- Feb -2009 REFUND TRAINING 326860 18- Feb -2009 GRANT 327178 04- Mar -2009 MATERIALS 326733 11- Feb -2009 SERVICES 327179 04- Mar -2009 SERVICES 327014 25- Feb -2009 MATERIALS 327180 04- Mar -2009 MATERIALS 326734 11- Feb -2009 CONTRACT SERVICES 327016 25- Feb -2009 SERVICES 326861 18- Feb -2009 MATERIALS Page 1 of 8 Amount 87.94 67.80 651.06 5,250.00 673.85 170.40 1,181.41 6,195.00 1,379.73 248.86 20.00 1,137.08 3,676.33 1,816.78 3,411.56 434,208.36 5,657.68 6,723.06 305.10 996.45 716.01 556.80 727.28 627.28 24.00 1,575.00 411,051.05 616.48 560.98 559.55 9,945.24 15,846.29 120.00 100.00 2,212.81 596.96 207.30 230.11 118.61 305.91 80.00 946.18 250.44 8,750.86 12.72 81.80 7,488.26 196.57 2,190.19 113.00 1,808.00 165.33 750.00 310.00 629.59 49.00 113.57 42.04 165.04 33,000.00 750.00 4,435.20 20.00 17,850.00 150.00 1,407.23 1,405.65 405.22 168.82 262.50 3,210.96 150.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID C D W CANADA INC CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE THE CAMPBELL,CAREY CANADA BREAD- ONTARIO #T6249 CANADA BREAD- ONTARIO #T6249 CANADA POST CORPORATION CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PARKING ASSOCIATION CANNON HYGIENE CANADA LTD CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CARGILL LIMITED M2098 CARGILL LIMITED M2098 CARGILL LIMITED M2098 CARRICK,MARZENNA CARSWELL CASTLE PLUMBING HEATING INC CAVF77A LUIGI ANTHONY CAYOUETTE,MICHEL SUZANNE CENTRAL TRANSPORTATION REPAIRS INC CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHRIS CRISTELLI ASSOCIATES INC CIAMPA,MAURO CIMCO REFRIGERATION CIT FINANCIAL LTD CITY VIEW BUS TRUCK REPAIR &SALES LTD CLARK,WILLIAM COFFEY GEOTECHNICS INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,D COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMUNITIES IN BLOOM- ONTARIO COMMUNITY RESOURCES CENTRE COMPRESSOR SYSTEMS INTERNATIONAL INC CONTINENTAL TIRE CANADA INC CORIX WATER PRODUCTS (EAST) INC CORPORATION OF THE CITY OF WELLAND COTTON INC COTTON INC COWAN,HEIDI CRAWFORD COMPANY (CANADA) INC CRAWFORD SMITH SWALLOW CRAWFORD,JOE CREATIVE SIGNWORKS OF NIAGARA INC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUSTOM CAST SIGNS CYGNAL TECHNOLOGIES D J PENWARDEN APPRAISALS DALE CARNEGIE DEL MANAGEMENT SOLUTIONS DELCAN CORPORATION Cheque No. Cheque Date Purpose 326735 11- Feb -2009 OFFICE SUPPLIES 326862 18- Feb -2009 SUPPLIES 327017 25 -Feb -2009 MATERIALS 327181 04- Mar -2009 MATERIALS 326739 11- Feb -2009 COMPUTER 327182 04- Mar -2009 SERVICES 327018 25 -Feb -2009 SERVICES 327183 04- Mar -2009 TRAVEL/MILEAGE 326736 11- Feb -2009 CONCESSION SUPPLIES 327184 04- Mar -2009 SUPPLIES 327159 03- Mar -2009 SERVICES 327019 25 -Feb -2009 MATERIALS 327186 04- Mar -2009 MATERIALS 327020 25- Feb -2009 CONTRACT SERVICES 326863 18- Feb -2009 SERVICES 327185 04- Mar -2009 ADMINISTRATIVE 327021 25- Feb -2009 MAINTENANCE /REPAIRS 327188 04- Mar -2009 SERVICES 327022 25- Feb -2009 SERVICES 326737 11- Feb -2009 MATERIALS 326865 18- Feb -2009 MATERIALS 327023 25- Feb -2009 MATERIALS 327189 04- Mar -2009 TRAVEL/MILEAGE 327191 04- Mar -2009 SERVICES 327024 25- Feb -2009 MATERIALS 326738 11- Feb -2009 REFUND ARB MINUTES OF SETTLE 327025 25- Feb -2009 REFUND 327193 04- Mar -2009 MATERIALS 326740 11- Feb -2009 MATERIALS 327194 04- Mar -2009 MATERIALS 327026 25 -Feb -2009 CONTRACT SERVICES 326741 11- Feb -2009 STORES /INVENTORY 326866 18- Feb -2009 MATERIALS 327027 25- Feb -2009 STORES /INVENTORY 327028 25- Feb -2009 CONSULTING SERVICES 326742 11- Feb -2009 GRANT RECREATION COMMITTEE 327029 25- Feb -2009 MATERIALS 327030 25 -Feb -2009 LEASES AND RENTS 327195 04- Mar -2009 MATERIALS 326867 18- Feb -2009 CONSULTING SERVICES 327196 04- Mar -2009 SERVICES 326743 11- Feb -2009 UTILITIES 327031 25- Feb -2009 UTILITIES 327197 04- Mar -2009 UTILITIES 327033 25- Feb -2009 REFUND 327198 04- Mar -2009 MATERIALS 326744 11- Feb -2009 CONTRACT SERVICES 326868 18- Feb -2009 CONTRACT SERVICES 327034 25- Feb -2009 CONTRACT SERVICES 327199 04- Mar -2009 CONTRACT SERVICES 326869 18 -Feb -2009 MATERIALS 326745 11- Feb -2009 REIMBURSEMENT 326746 11- Feb -2009 MATERIALS 326870 18- Feb -2009 MATERIALS 326871 18- Feb -2009 MATERIALS 327035 25- Feb -2009 SERVICES 327036 25- Feb -2009 MATERIALS 327200 04- Mar -2009 SERVICES 326747 11- Feb -2009 REFUND 327038 25- Feb -2009 CONTRACT SERVICES 326748 11 -Feb -2009 CONTRACT SERVICES -AUDIT 2008 326719 09- Feb -2009 SERVICES VARIETY SHOW 19/12/0 327039 25- Feb -2009 MATERIALS 326749 11- Feb -2009 PAYROLL REMITTANCE 326872 18- Feb -2009 PAYROLL REMITTANCE 327040 25 -Feb -2009 PAYROLL REMITTANCE 327201 04- Mar -2009 REMITTANCE 326873 18- Feb -2009 MATERIALS 327041 25- Feb -2009 COMPUTER 326878 18- Feb -2009 CONTRACT SERVICES 326750 11- Feb -2009 BUSINESS COACHING SERVICES J 326875 18- Feb -2009 LEASES AND RENTS 326874 18- Feb -2009 CONTRACT SERVICES Page 2 of 8 Amount 821.17 812.47 319.24 798.09 4,523.19 915.30 16.95 62.50 104.00 268.00 682.50 290.85 1,520.61 3,396.24 1,018.23 498.75 264.60 264.42 557.76 77,870.61 92,822.99 69,261.73 199.50 3,704.40 509.25 187.02 317.86 2,139.47 339.00 394.16 1,644.30 374.20 765.41 504.19 559.65 50.00 918.54 9,946.40 1,622,544.40 1,141.25 2,205.00 249.78 379.64 160.55 45.00 348.27 2,963.81 21,091.74 21,818.94 1,975.68 950.00 951.84 903.00 6,608.47 698.34 519.15 2,131.44 689.38 442.41 4,756,11 19,923.75 300.00 9,613.87 3,568.07 3,563.16 3,613.25 3,599.68 150.20 2,943.94 13,765.50 787.50 4,760.48 4,200.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DELCAN CORPORATION DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DENCO ENGINEERING LTD DESIGN ELECTRONICS DESIGN ELECTRONICS DEVEREAUX,FRANK DI CARLO,GINO DOBBIN,DEBI DRAFTING CLINIC CANADA LTD DRAINAGE SUPERINTENDENTS ASSOC OF ONTARIO DRAWING CENTRE DREAMS TAKE FLIGHT DREN,KARL DREW CHAPMAN CARPENTRY DUERKSEN,ANGELA DUPUIS,ULY EASTGATE TRUCK CENTRE ECO SOLUTIONS PARTNERS ELECTRICAL SAFETY AUTHORITY ELLIS ENGINEERING INC EMERALD EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA ETHERINGTON,DAVE EVANOFF,VICTOR EVANOFF,VICTOR EVANS,PAUL EVERLASTING IMPRESSIONS FALCO,PETER FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FEREN SIGNS AWNINGS LTD FIRST NIAGARA INSURANCE FIRST NIAGARA INSURANCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED GABRIELES CUSTOM CATERING GALBRAITH ELECTRIC LTD GALES GAS BARS GALT MACHINE KNIFE SAW GEORGE BAILEY CLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GNGH FOUNDATION GOODMAN,MARK GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GTA TRANSMISSION TECHNOLOGIES INC I MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC Page 3 of 8 Cheque No. Cheque Date Purpose Amount 327042 25- Feb -2009 CONTRACT SERVICES 38,566.50 327202 04- Mar -2009 CONSULTING SERVICES 9,649.01 327043 25- Feb -2009 COMPUTER 34,211.92 327203 04- Mar -2009 COMPUTER 2,920.38 327044 25- Feb -2009 SERVICES 413.05 326876 18 -Feb -2009 MATERIALS 721 327045 25- Feb -2009 MATERIALS 1,000.66 327046 25- Feb -2009 REFUND 45.00 326877 18 -Feb -2009 REFUND 750.00 326751 11- Feb -2009 REFUND 246.85 327047 25 -Feb -2009 CONTRACT SERVICES 337.63 326879 18- Feb -2009 REMITTANCE 140.00 326752 11- Feb -2009 MATERIALS 121.59 326991 20- Feb -2009 MATERIALS 26.00 327204 04- Mar -2009 TRAVEUMILEAGE 21.50 327205 04- Mar -2009 SERVICES 10,584.00 326753 11- Feb -2009 TRAVEUMILEAGE 120.00 326880 18- Feb -2009 TRAVEUMILEAGE 57.00 326840 12 -Feb -2009 EQUIPMENT 198,829.15 326881 18- Feb -2009 MATERIALS 6,824.75 326754 11- Feb -2009 CONTRACT SERVICES 1,682.10 326882 18 -Feb -2009 CONTRACT SERVICES DEC 2008 574.88 327050 25- Feb -2009 CONTRACT SERVICES 183.75 327206 04- Mar -2009 REMITTANCE 35;420.75 326755 11- Feb -2009 UTILITIES 51,090.91 326883 18- Feb -2009 UTILITIES 11,549.98 327051 25- Feb -2009 UTILITIES 4,665.36 326884 18- Feb -2009 UTILITIES 378.36 327052 25- Feb -2009 SERVICES 12,122 25 326756 11- Feb -2009 TRAVEUMILEAGE 91.00 326757 11- Feb -2009 TRAVEUMILEAGE 84.00 327208 04- Mar -2009 TRAVEUMILEAGE 36.00 326758 11- Feb -2009 MATERIALS 150.00 327053 25- Feb -2009 SERVICES 310.80 327054 25- Feb -2009 GRANT REFUND 50.00 326759 11- Feb -2009 MATERIALS 1,285.29 326885 18- Feb -2009 MATERIALS 1,026.46 327055 25- Feb -2009 MATERIALS 2,335.55 327209 04- Mar -2009 SERVICES 10,544.61 327056 25- Feb -2009 MATERIALS 239.59 327210 04- Mar -2009 MATERIALS 1,183.22 326886 18- Feb -2009 MATERIALS 283.50 327058 25- Feb -2009 REMITTANCE 1,133,197.28 327158 26- Feb -2009 REMITTANCE 8,122 326760 11- Feb -2009 STORES /INVENTORY 257.59 326888 18- Feb -2009 MATERIALS 302.28 327059 25- Feb -2009 SUPPLIES 67823 327211 04- Mar -2009 MATERIALS 713.26 326761 11- Feb -2009 TRAVEL/MILEAGE 63.00 326889 18- Feb -2009 REMITTANCE- DEDUCTIBLE 983.00 326762 11- Feb -2009 MATERIALS 117.00 327060 25 -Feb -2009 MATERIALS 480.33 327061 25- Feb -2009 FUEL 112.45 327212 04- Mar -2009 SERVICES 189.84 327062 25 -Feb -2009 SERVICES 360.00 326763 11 -Feb -2009 STORES /INVENTORY 1,105.64 326890 18- Feb -2009 MATERIALS 7,026.89 327063 25- Feb -2009 MATERIALS 3,370.79 327213 04- Mar -2009 MATERIALS 2,430.43 326891 18- Feb -2009 SERVICES 126.45 326992 20- Feb -2009 REMITTANCE 2,050.00 326764 11 -Feb -2009 REFUND 40.00 326765 11- Feb -2009 MATERIALS 70.16 326892 18- Feb -2009 MATERIALS 77.15 327064 25- Feb -2009 MATERIALS 3,715.53 327214 04- Mar -2009 MATERIALS 25.61 327065 25- Feb -2009 PAYROLL REMITTANCE 32.40 326893 18- Feb -2009 CONTRACT SERVICES 28,978.20 327066 25- Feb -2009 SERVICES 12,088.85 327216 04- Mar -2009 MATERIALS 1,745.85 327215 04- Mar -2009 MAINTENANCE/REPAIRS 15,249.10 326766 11- Feb -2009 MAINTENANCE/REPAIRS 358.06 326894 18- Feb -2009 SERVICES 179.03 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HERITAGE BRICK AND STONE INC HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS,DOUG HILTON NIAGARA FALLS HISTORIC NIAGARA DEVELOPMENT INC HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF HOLMAN,GEOFF HONSBERGER,JILLIAN HORTON,DAN HR SYSTEMS STRATEGIES INC BI GROUP BI GROUP NDUSTRIAL SAFETY EQUIPMENT CO LTD NDUSTRY CANADA NNOVATIVE SURFACE SOLUTIONS CANADA OANNONI,CARMINE J J W IVES ENTERPRISES J W IVES ENTERPRISES JACKET CELLAR THE JACKSON,DAVE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JONOVICH,ELI KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENWORTH TORONTO LTD KERR,ALLYSON KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA LTD KING CONTRACTORS OF NIAGARA LTD KNOWLTON PASS ELECTRONICS INC KRAWCZYK CONSTRUCTION MAINTENANCE L CAMPBELL ASSOCIATES L ST AMAND ENTERPRISES L ST AMAND ENTERPRISES L WALTER SONS EXCAVATING (2008) LTD. L WALTER SONS EXCAVATING (2008) LTD. LAFARGE CANADA INC LAKES MAINTENANCE LATOPLAST LTD LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LIPPERT WRIGHT FUELS INC LIQUID INDUSTRIES CANADA LOVAS STANLEY /RAY BERNDTSON INC. LYMBURNER,BOB MACDONALD,JOHN H. MACLEOD,JOHN MAIURI,TODD MARINELAND OF CANADA MARR SWEEPER SERVICE MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCALLUM SATHER ARCHITECTS INC MCDONNELL,LAUREN MCKEAG,JASON MCNAMARA,SUSAN ME OLSEN TITLES INC MGM SECURITY GROUP INC MHPM PROJECT MANAGERS INC MINERVINI,DOMENIC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE Cheque No. Cheque Date Purpose 327067 25- Feb -2009 LEASES AND RENTS 327068 25- Feb -2009 MATERIALS 326895 18- Feb -2009 REFUND damage deposit 326897 18- Feb -2009 CONTRACT SERVICES 326896 18- Feb -2009 MATERIALS 327069 25- Feb -2009 ADMINISTRATIVE 326767 11- Feb -2009 LEASES AND RENTS 327070 25 -Feb -2009 LEASES AND RENTS 326768 11- Feb -2009 TRAVEL /MILEAGE 327218 04- Mar -2009 TRAVEL/MILEAGE 327071 25- Feb -2009 MATERIALS 327072 25- Feb -2009 GRANT- REFUND 326898 18- Feb -2009 CONTRACT SERVICES 326769 11- Feb -2009 CONSULTING SERVICES 327219 04- Mar -2009 CONSULTING SERVICES 326899 18 -Feb -2009 MATERIALS MISIK/SIMPSON 327220 04- Mar -2009 MATERIALS 326900 18- Feb -2009 MATERIALS 326770 11- Feb -2009 REFUND 327073 25- Feb -2009 MATERIALS 326902 18 -Feb -2009 SUPPLIES 327077 25- Feb -2009 MATERIALS 326901 18 -Feb -2009 MATERIALS 326771 11- Feb -2009 TRAVEL/MILEAGE 327075 25- Feb -2009 SERVICES 327076 25- Feb -2009 REFUND OF DAMAGE DEPOSIT 326772 11- Feb -2009 CONTRACT SERVICES 326903 18- Feb -2009 CONTRACT SERVICES 327078 25- Feb -2009 CONTRACT SERVICES 326773 11- Feb -2009 STORES/INVENTORY 326904 18- Feb -2009 COMPUTER 327222 04- Mar -2009 SERVICES 326774 11- Feb -2009 FINANCE RENOVATIONS COMPLE 326905 18- Feb -2009 CONTRACT SERVICES FINANCE 1 327079 25- Feb -2009 SERVICE JAN -FEB 09 327081 25- Feb -2009 CONTRACT SERVICES FINANCE 1 327082 25- Feb -2009 CONTRACT SERVICES 326778 11 -Feb -2009 CONTRACT SERVICES 327086 25- Feb -2009 CONTRACT SERVICES 326779 11- Feb -2009 CONTRACT SERVICES 327087 25- Feb -2009 CONTRACT SERVICES 326906 18 -Feb -2009 CONTRACT SERVICES 326907 18- Feb -2009 CONTRACT SERVICES 326908 18- Feb -2009 STORES /INVENTORY 326777 11- Feb -2009 FUEL 326910 18- Feb -2009 FUEL 327084 25- Feb -2009 FUEL 327224 04- Mar -2009 FUEL 327225 04- Mar -2009 MATERIALS 327085 25- Feb -2009 ADVERTISING 327088 25 -Feb -2009 TRAINING COURSES ONTARIO Fl 327089 25- Feb -2009 CONTRACT SERVICES 326911 18- Feb -2009 COMPUTER 327090 25- Feb -2009 TRAINING ONTARIO FIRE COLLE( 326912 18 -Feb -2009 DAMAGE DEPOSIT REFUND 326913 18- Feb -2009 CONTRACT SERVICES POWER V 326914 18- Feb -2009 CONTRACT SERVICES 326780 11- Feb -2009 TRAVEL/MILEAGE 326781 11- Feb -2009 PEER REVIEW CNH 327091 25- Feb -2009 MATERIALS 326782 11- Feb -2009 COMPUTER EMPLOYEE PURCHA 326783 11- Feb -2009 TRAVEL/MILEAGE 326915 18- Feb -2009 MATERIALS 327227 04- Mar -2009 CONTRACT SERVICES FINANCE I 327092 25- Feb -2009 CONTRACT SERVICES NCCC 327093 25- Feb -2009 REIMBURSEMENT FOR LICENSE R 327228 04- Mar -2009 TRAVEL/MILEAGE 326785 11- Feb -2009 ONTARIO FIRE COLLEGE REGISTR 326918 18- Feb -2009 REMITTANCE 327095 25- Feb -2009 REMITTANCE 327096 25- Feb -2009 REMITTANCE 327097 25- Feb -2009 PAYROLL REMITTANCE 327230 04- Mar -2009 REMITTANCE Page 4 of 8 Amount 800.53 14,279.92 750.00 1,158.94 150.00 394.54 3,254.87 3,254.87 56.00 97.50 110.96 50.00 226.00 15,691.81 9,279.38 298.70 2,281.00 8,444.16 138.55 36.75 1,331.05 442.40 26.56 210.50 220.50 750.00 25,373.76 5,205.90 4,158.00 2,095.78 300.00 7,245.74 2,479.12 757.38 5,250.00 10,758.72 1,648.50 905.73 579.60 3,675.00 1,050.00 19,194.57 1,307.69 2,387.02 17,840.16 6,367.26 21,001.83 15,479.80 983.10 12,257.70 45.00 2,942.35 300.00 45.00 750.00 735.00 2,002.11 72.00 1,680.00 920.20 300.00 72.00 36.75 3,861.90 27,594.84 60.00 194.00 650.00 2,720.41 4,020.69 19,200.00 188.87 3,706.60 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISTER CHEMICAL LTD. MISTER CHEMICAL LTD. MISTER CHEMICAL LTD. MODERN LANDFILL INC MONTELEONE,SAM MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY,MOE& MONTGOMERY, MIKE MOON,BILL MOROCCO,JOHN MORRISSEY,DENYSE M -R ASSESSMENT CONSULTANT JOHN HARRIMAN MUNICIPAL WSIB USERS GROUP MY COUNTRY DELICATESSEN NFTA NELSON EDUCATION LTD NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA FALLS ART GALLERY NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA INDUSTRIAL ASSOCIATION NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO. INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL POLICE SERVICE NIAGARA SHEET METAL FABRICATING LTD NIAGARA SHEET METAL FABRICATING LTD NIAGARA THIS WEEK NIAGARA.COM NISUS CONSTRUCTION LTD NSVLCC NO. 82 NU CUT SHARPENING NU CUT SHARPENING OATLEY,SHAWN OCE- CANADA INC OLEKSUIK,AL OMERS OMERS OMFPOA NIAGARA CHAPTER ONTARIO BUILDING OFFICIALS ASSOC ONTARIO BUILDING OFFICIALS ASSOCIATION P M PRODUCTIONS P &C COMPOSTECH INC PAGENET OF CANADA INC PAGENET OF CANADA INC PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PELHAM MOTORS GENERATORS INC. PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER Cheque No. Cheque Date Purpose 327231 04- Mar -2009 REMITTANCE 327232 04- Mar -2009 REMITTANCE 326784 11- Feb -2009 PAYROLL REMITTANCE 326917 18- Feb -2009 PAYROLL REMITTANCE 327094 25- Feb -2009 PAYROLL REMITTANCE 327229 04- Mar -2009 REMITTANCE 326786 11- Feb -2009 STORES /INVENTORY 326919 18- Feb -2009 STORES /INVENTORY 327233 04- Mar -2009 STORES /INVENTORY 327234 04- Mar -2009 CONTRACT SERVICES 327235 04- Mar -2009 REIMBURSEMENT 326787 11- Feb -2009 CONTRACT SERVICES 327098 25- Feb -2009 CONTRACT SERVICES 326920 18 -Feb -2009 CONTRACT SERVICES 327099 25- Feb -2009 CONTRACT SERVICES 326788 11- Feb -2009 TUITION REIMBURSEMENT 326789 11- Feb -2009 TRAVELMIILEAGE 326921 18 -Feb -2009 TRAVEUMILEAGE 326790 11 -Feb -2009 CONTRACT SERVICES 326791 11- Feb -2009 2009 MEMBERSHIP 326922 18- Feb -2009 MATERIALS US DRAFT 10- Feb -2009 FIRE COURSE REGISTR'N 327100 25- Feb -2009 MATERIALS 326923 18- Feb -2009 MATERIALS 326924 18 -Feb -2009 GRANT 326926 18- Feb -2009 GRANT 326993 20- Feb -2009 ADMINISTRATIVE 326792 11 -Feb -2009 REMITTANCE 326927 18- Feb -2009 CONTRACT SERVICES 326929 18- Feb -2009 PAYROLL REMITTANCE 326930 18 -Feb -2009 PAYROLL REMITTANCE 327236 04- Mar -2009 REMITTANCE 326931 18- Feb -2009 GRANT 326932 18- Feb -2009 AMBULANCE BILL 326793 11- Feb -2009 MEMBERSHIP FEE 326794 11- Feb -2009 MATERIALS 327101 25- Feb -2009 UTILITIES 326795 11- Feb -2009 CONTRACT SERVICES SHRINER; 326796 11- Feb -2009 UTILITIES 326933 18- Feb -2009 UTILITIES 327102 25- Feb -2009 UTILITIES 327102 25- Feb -2009 UTILITIES 327237 04- Mar -2009 MATERIALS 327238 04- Mar -2009 WATER ARREARS 327239 04- Mar -2009 UTILITIES 326935 18- Feb -2009 CONTRACT SERVICES RESPONS 326936 18 -Feb -2009 MATERIALS 327103 25- Feb -2009 CONTRACT SERVICES JACK BELI 327104 25- Feb -2009 ADVERTISING 326925 18- Feb -2009 SERVICES 326937 18 -Feb -2009 CONTRACT SERVICES 327105 25- Feb -2009 REFUND 326939 18- Feb -2009 MATERIALS 327106 25 -Feb -2009 MATERIALS 326797 11- Feb -2009 TRAVEL/MILEAGE 326940 18- Feb -2009 LEASES AND RENTS 326799 11- Feb -2009 MATERIALS 326941 18- Feb -2009 PAYROLL REMITTANCE 326942 18- Feb -2009 PAYROLL REMITTANCE 327107 25- Feb -2009 2009 MEMBERSHIP DUES 326800 11 -Feb -2009 MEMBERSHIPS TO OBOA 326801 11- Feb -2009 ADVERTISING PROPERTY STANG 327116 25- Feb -2009 MATERIALS PRESENTATION FOLI 326943 18- Feb -2009 MATERIALS 326802 11- Feb -2009 SERVICES 327241 04- Mar -2009 SERVICES 327109 25- Feb -2009 CONTRACT SERVICES 327242 04- Mar -2009 CONTRACT SERVICES 327110 25- Feb -2009 MATERIALS 327112 25- Feb -2009 CONTRACT SERVICES 326803 11- Feb -2009 MATERIALS 326944 18- Feb -2009 MATERIALS 327111 25- Feb -2009 MATERIALS Page 5 of 8 Amount 53,880.61 890.53 740.79 2,536.65 740.79 2,398.18 157.97 1,199.68 212.09 752.33 150.00 6,150.38 2,627.90 359.62 359.62 1,000.00 236.50 72.00 515.25 85.00 86.72 135.00 772.92 287.47 34,369.00 4,666.67 300.00 90.00 38,291.83 6,314.82 5,843.39 6,314.82 33,333.33 45.00 207.50 408.50 66.94 60,160.58 1,614.63 2,555.92 1,711.31 148,307.85 31,028.82 6,082.91 3,893.46 35.00 1,130.00 423.75 354.90 59.80 5,866.88 50.00 113.00 182.27 14,00 4,414.37 150.00 620.62 8,266.50 100.00 120.00 180.05 1,878.78 94.50 17.16 17.16 786.63 368.29 1,013.24 73.50 263.00 145.00 25.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PENNER BUILDING CENTRE PENNER BUILDING CENTRE PERRI -MED PHILIPS ENGINEERING PHILIPS ENGINEERING PHOENIX FOUNDRY PTY LTD PIETRANGELO,DAN PITNEY WORKS PKF CONSULTING PLASTRUCT CANADA PLASTRUCT CANADA POST FOODS CANADA CORP PRATA,GUY PRAXAIR PROJECT SHARE PROTEL ALARM SIGNAL PROVINCIAL CONTRACTORS INC PROVINCIAL CONTRACTORS INC PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R W HOIST REPAIRS LTD R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RADULOVICH,KOSTA RAIMONDO ASSOCIATES ARCHITECTS INC RBC LIFE INSURANCE COMPANY REALTAX INC REAMINED SYSTEMS INC RECEIVABLE MANAGEMENT SERVICES RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RESULTS CONTINUUM INC RICHARDSON,MARK RILEY MANUFACTURING ROGERS WIRELESS INC ROGERS WIRELESS INC RONA FARR LUMBER LTD SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFETY TODAY SALCI,TED SAVICH,DANNY SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER OF NIAGARA SHEBE MANAGEMENT INC SHEBE MANAGEMENT INC SHEEHAN ARBITRATION MEDIATION SERVICES SHEEHAN MECHANICAL (2002) INC SHERWIN WILLIAMS SIMPLEX GRINNELL SIX CARD SOLUTIONS USA CORP 89257 SMALL BUSINESS CLUB NIAGARA INC SOS EMERGENCY RESPONSE TECHNOLOGIES ST JOHN AMBULANCE Cheque No. Cheque Date Purpose 326945 18 -Feb -2009 MATERIALS 327113 25- Feb -2009 MATERIALS 326946 18- Feb -2009 MATERIALS 327114 25- Feb -2009 CONTRACT SERVICES MONTRO5 327243 04- Mar -2009 CONTRACT SERVICES 327244 04- Mar -2009 MATERIALS 326804 11- Feb -2009 TUITION REIMBURSEMENT 327245 04- Mar -2009 LEASES AND RENTS 326947 18- Feb -2009 CONTRACT SERVICES 326948 18- Feb -2009 MATERIALS 327115 25- Feb -2009 MATERIALS 326775 11- Feb -2009 STEAM FOR DECEMBER 2008 326949 18 -Feb -2009 TRAVEUMILEAGE 327117 25- Feb -2009 LEASES AND RENTS 326950 18- Feb -2009 GRANT 327246 04- Mar -2009 CONTRACT SERVICES 326951 18- Feb -2009 DAMAGE DEPOSIT REFUND 327247 04- Mar -2009 CONTRACT SERVICES 4840 WILN 326805 11- Feb -2009 COURIER 326952 18- Feb -2009 COURIER 327118 25- Feb -2009 COURIER 327248 04- Mar -2009 COURIER 326961 18 -Feb -2009 CONTRACT SERVICES 326960 18- Feb -2009 MATERIALS 326953 18- Feb -2009 STORES /INVENTORY 327120 25- Feb -2009 STORES /INVENTORY 327249 04- Mar -2009 STORES /INVENTORY 326954 18- Feb -2009 REFUND FOR LOT GRADING DEPC 327121 25- Feb -2009 CONTRACT SERVICES 327250 04- Mar -2009 JANUARY 2009 PREMIUMS 327251 04- Mar -2009 REGISTRATION FEES 327122 25- Feb -2009 MATERIALS 326957 18- Feb -2009 COURIER 326807 11- Feb -2009 PAYROLL REMITTANCE 326808 11- Feb -2009 PAYROLL REMITTANCE 326809 11- Feb -2009 PAYROLL REMITTANCE 326955 18- Feb -2009 PAYROLL REMITTANCE 326956 18- Feb -2009 PAYROLL REMITTANCE 327123 25 -Feb -2009 PAYROLL REMITTANCE 327124 25- Feb -2009 PAYROLL REMITTANCE 327252 04- Mar -2009 REMITTANCE 327253 04- Mar -2009 REMITTANCE 326810 11- Feb -2009 MATERIALS 326958 18- Feb -2009 CONTRACT SERVICES RECYCLIh WIRE 27- Feb -2009 DEBENTURE INTEREST WIRE 27- Feb -2009 WATER/WASTEWATER -JAN WIRE 27- Feb -2009 TAX LEVY 327125 25 -Feb -2009 CONTRACT SERVICES 326959 18- Feb -2009 TRAVEUMILEAGE 327126 25- Feb -2009 MATERIALS 327127 25- Feb -2009 SERVICES 327254 04- Mar -2009 SERVICES 327128 25- Feb -2009 MATERIALS 326811 11- Feb -2009 CONTRACT SERVICES 327129 25- Feb -2009 CONTRACT SERVICES 327255 04- Mar -2009 CONTRACT SERVICES 326963 18- Feb -2009 MATERIALS 326812 11- Feb -2009 STORES /INVENTORY 326964 18- Feb -2009 TRAVEUMILEAGE 326813 11- Feb -2009 REFUND COST OF DRIVER'S PHYS 326815 11- Feb -2009 CONTRACT SERVICES CLEANING 327257 04- Mar -2009 CONTRACT SERVICES- CLEANING 327130 25- Feb -2009 CONTRACT SERVICES 326816 11 -Feb -2009 MATERIALS DEPOSIT FOR VOLUP 326817 11- Feb -2009 MATERIALS VOLUNTEER APPREC 327131 25- Feb -2009 CONTRACT SERVICES 326818 11- Feb -2009 CONTRACT SERVICES 326819 11- Feb -2009 MATERIALS 326965 18- Feb -2009 MATERIALS 327132 25- Feb -2009 MATERIALS 326820 11- Feb -2009 MATERIALS 327258 04- Mar -2009 MATERIALS 326966 18- Feb -2009 GRANT Page 6 of 8 Amount 1,240.54 1,033.78 248.85 6,486.90 1,385.86 275.74 642.56 450.87 4,200.00 279.34 931.12 19,258.33 28.50 418.64 26,175.08 2,341.50 750.00 18,375.00 116.97 140.36 185.79 131.67 651.99 891.47 553.68 734.59 217.86 6,000.00 19,832.86 1,392.97 2,583.00 525.00 54.92 150.06 457.66 88,914.11 385,026.62 406.36 96,475.74 404.14 380,923.93 493.83 1,785.37 9213.75 52,458.00 1,641,118.95 7,434,957.79 1,837.50 169.50 3,850.52 2,845.22 258.55 52.61 3,976.89 10,119.23 2,299.50 956.68 1,140.66 1,155.00 100.00 463.21 745.50 593.25 630.00 630.00 630.00 359.78 230.51 45.94 100.00 441.29 2,260.00 2,708.33 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STANTEC CONSULTING STORAGE NIAGARA STORAGE NIAGARA SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC TAB TALK WIRELESS INC TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TANASLPAUL TAYLOR -MADE ENTERPRISES INC TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TENAQUIP LIMITED TENNIER SANITATION TERAVICH,M THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THE SENIORS REVIEW THORNE,RACHAEL TORONTO STAMP INC TORONTO STAMP INC TOTH,STEVE TRAFFIC LOGIX TRENDLE,B. TREVOR P GARWOOD -JONES ARCHITECT INC TWARDAWSKY,NICK UAP INC #963 UAP INC #963 UNITED WAY UNITED WAY URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC VADIM COMPUTER MANAGEMENT GROUP LTD VANDERWEYDEN LANDSCAPING VIG,WAYNE WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WATSON ASSOCIATES ECONOMISTS LTD WATSON ASSOCIATES ECONOMISTS LTD WATT,BRUCE& WATT, SUSAN WEBB,DAVE WEIGHT WATCHERS WEIGHT WATCHERS WEIR FOULDS WELDDARE METAL WORKS LTD WELLAND SMALL CLAIMS COURT WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESTBURNE/RUDDY WINGER,TERRI Cheque No. Cheque Date Purpose US DRAFT 11- Feb -2009 PEOPLE MOVER PROJECT 326821 11- Feb -2009 LEASES AND RENTS 327259 04- Mar -2009 LEASES AND RENTS 326969 18- Feb -2009 ADMINISTRATIVE- HEALTH SPEN 327261 04- Mar -2009 FEBRUARY 2009 PREMIUMS 326822 11- Feb -2009 FUEL 326967 18- Feb -2009 FUEL 326968 18- Feb -2009 FUEL 327260 04- Mar -2009 FUEL 326970 18- Feb -2009 MATERIALS 327134 25- Feb -2009 UTILITIES 326823 11- Feb -2009 MATERIALS 327262 04- Mar -2009 MATERIALS 326971 18 -Feb -2009 ADVERTISING 327263 04- Mar -2009 ADVERTISING 326972 18- Feb -2009 MATERIALS 327264 04- Mar -2009 MATERIALS FLASHDR IVES 327135 25- Feb -2009 MATERIALS 327136 25 -Feb -2009 SERVICES 326824 11- Feb -2009 MATERIALS 326974 18- Feb -2009 MATERIALS 326975 18- Feb -2009 SERVICES 327137 25- Feb -2009 MATERIALS 327265 04- Mar -2009 MATERIALS 326825 11 -Feb -2009 STORES /INVENTORY 327138 25- Feb -2009 MATERIALS 327266 04- Mar -2009 MATERIALS 326976 18- Feb -2009 MATERIALS 327267 04- Mar -2009 MATERIALS 326826 11- Feb -2009 MATERIALS 326977 18- Feb -2009 MATERIALS 327139 25- Feb -2009 MATERIALS 327268 04- Mar -2009 MATERIALS 326978 18 -Feb -2009 ADVERTISING 327256 04- Mar -2009 ADVERTISING 326979 18- Feb -2009 REIMBURSEMENT 326827 11- Feb -2009 MATERIALS 327269 04- Mar -2009 MATERIALS 327140 25 -Feb -2009 REIMBURSEMENT FOR OACETT M US DRAFT 10- Feb -2009 SPEED HUMPS 327270 04- Mar -2009 REIMBURSEMENT 326828 11- Feb -2009 PEER REVIEW 326829 11- Feb -2009 TRAVEL/MILEAGE 326980 18- Feb -2009 STORES /INVENTORY 327271 04- Mar -2009 STORES /INVENTORY 327141 25- Feb -2009 PAYROLL REMITTANCE 327272 04- Mar -2009 REMITTANCE 326981 18- Feb -2009 CONTRACT SERVICES 327142 25- Feb -2009 CONTRACT SERVICES 327273 04- Mar -2009 CONTRACT SERVICES BOB GALE 327143 25- Feb -2009 SERVICES 327144 25 -Feb -2009 CONTRACT SERVICES NCCC 326830 11- Feb -2009 REFUND 326832 11- Feb -2009 CONTRACT SERVICES 326983 18 -Feb -2009 CONTRACT SERVICES 327147 25- Feb -2009 CONTRACT SERVICES 326831 11- Feb -2009 MATERIALS 326982 18- Feb -2009 MATERIALS 327146 25- Feb -2009 MATERIALS 327274 04- Mar -2009 MATERIALS 326833 11- Feb -2009 CONTRACT SERVICES PEOPLE N 327275 04- Mar -2009 NIAGARA FALLS DC STUDY 327148 25- Feb -2009 REFUND OF TAX OVERPAYMENT 327149 25- Feb -2009 GRANT APPLICATION REBATES 327150 25- Feb -2009 WEIGHT WATCHERS SPRING SES: 327276 04- Mar -2009 SUBSCRIPTION 327151 25- Feb -2009 CONTRACT SERVICES PEOPLE N 326834 11- Feb -2009 MATERIALS 327277 04- Mar -2009 REMITTANCE 326835 11- Feb -2009 STORES /INVENTORY 326984 18- Feb -2009 STORES /INVENTORY 327152 25- Feb -2009 STORES /INVENTORY 327153 25 -Feb -2009 CARETAKER'S WAGES Page 7 of 8 Amount 3,394.96 96.05 96.05 2,185.11 273,316.16 21,462.51 866.38 17,225.59 41,656.60 895.30 1, 392.59 996.66 103.96 1,142.65 1,207.92 146.89 337.87 283.50 2,281.63 378.46 1,140.04 8,867.83 337.84 190.40 353.51 322.09 150.00 980.54 1,832.47 67.80 1,339.05 220.35 192.10 2,213.40 1,260.00 100.00 63.62 57.97 204.52 19,136.80 100.48 4,042.50 110.50 532.61 52.36 1,214.00 1,264.00 10,103.63 5,775.00 12,804.47 542.40 3,118.50 232.15 176.53 219.67 12.29 946.01 1,121.10 3,419.75 311.32 1,555.05 7,563.15 219.66 195.00 1,992.00 249.00 7,876.20 375.73 142.41 632.43 112.89 183.96 65.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WSIB WSIB WSIB WSIB WYLIE,BRENDA YARNELL OVERHEAD DOOR YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YWCA ST CATHARINES ZAP HOSPITALITY MANAGEMENT LTD Cheque No. Cheque Date 326985 18- Feb -2009 326986 18- Feb -2009 326836 11- Feb -2009 326987 18- Feb -2009 327154 25- Feb -2009 327278 04- Mar -2009 327155 25- Feb -2009 326837 11 -Feb -2009 327156 25- Feb -2009 326988 18- Feb -2009 326838 11- Feb -2009 326989 18 -Feb -2009 327279 04- Mar -2009 326990 18- Feb -2009 326839 11- Feb -2009 Purpose GRANT GRANT ADMINISTRATIVE PHYSICIAN FEE ADMINISTRATIVE PHYSICIAN FEE ADMINISTRATIVE SCHEDULE 2 IN ADMINISTRATIVE SCHEDULE 2 IN PETTY CASH CONTRACT SERVICES CONTRACT SERVICES SERVICES UTILITIES CONTRACT SERVICES MATERIALS GRANT MAYORS CHRISTMAS PARTY Page 8 of 8 Amount 31,666.67 2,083.33 31,496.83 8,085.57 24,764.84 3,202.47 460.10 152.67 301.35 45.94 2,563.97 2,348.95 2,048.72 5,286.50 275.70 Total 16,350,361.64 March 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls C A N A D A Re: MW- 2009 -12 Historic Drummondville CIP Area Capital Works Improvement Program Funding RECOMMENDATION: That staff be authorized to invite proposals for Consulting Engineering services to complete the Engineering Design Phase of this program in order to achieve d the approved implementation schedule. BACKGROUND: MW-2009-12 Council has previously approved an extensive plan of proposed Streetscaping and Infrastructure improvement works within the Historic Drummondville CIP Area. The proposed works are detailed in Report PD- 2008 -89, dated November 3, 2008 (copy attached). The report also detailed a proposed implementation scheme for the work in order to achieve the objectives of the Main Ferry BIA as it pertains to the observances of the War of 1812 Bicentennial in 2012. The proposed Capital Works on Ferry Street (Main Street to Stanley Avenue) were included in the previous Capital Budget program for 2009 but both the Capital Works projects on Main Street (Ferry Street to Robinson Street) and Lundy's Lane (from Main Street to Drummond Road) are new additions to the proposed Capital Works program. Engineering Design works on the Ferry Street portion are currently underway utilizing in- house staff resources however, in order to achieve the previously recommended implementation schedule, staff requires additional Engineering resources in order to complete the required design for the proposed works. Staff is recommending the retention of outside Consulting Services to provide the additional resources to address timing and specialized expertise requirements to meet the implementation schedule. 10 Queen Street lBox 123 0 Niagara Falls ON;ICanaela L2E'6829 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works March 23, 2009 MW- 2009 -12 The recommended Consulting works are as follows: Streetlighting and Electrical design for Ferry Street, Main Street and Lundy's Lane (In -house staff does not possess the necessary expertise). Survey, Base Plan Preparation and Municipal Servicing Design for Main Street and Lundy's Lane (current workload commitments will not allow in -house staff to commence on these projects for a number of months). While it is understood that approval of the proposed Capital Works improvement program is subject to future Capital Budget deliberations by Council, the quick and timely completion of the required Design phases of the various projects will provide staff with additional flexibility in regard to tendering for construction. This will allow the examination of different options forthe implementation program, while still completing the entire program within the desired time frame. CONCLUSION: These engineering costs are not expected to exceed $80,000. Due to the differing scope of work and required expertise, staff is recommending that two separate Consultant assignments be undertaken as detailed above. Since these are new projects, the funding for the Engineering phase has been included in the 2009 Capital Budget. The actual reconstruction of the various improvement works will proceed in accordance with Capital Budget deliberations over the course of the next few years leading up to 2012. Due to the urgent nature to commence the Engineering components of this program, staff is asking for Council's consideration in advance of the approval of the Capital Budget so that we can immediately commence with the retention of the required Consulting services. Recommended by: Approved by: K. Schachowskoj Attach: V Geoff Holman, Director of Municipal Works �j Ed Dujlovic, Executive Director of Community Services S:IREPORTS120091MW- 2009 -12 Historic Drummondville CIP Area Capital Works Improvement Program.wpd November3, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -89 Revised Infrastructure and Streetscaping Improvement Program within the Historical Drummondville CIP Area RECOMMENDATION: That Committee support the revised infrastructure and streetscape improvement program for the Historical Drummondville CIP area and that the proposed budget be referred to capital budget for discussion. BACKGROUND: The City's Engineering Division has been working over the past few years to provide the necessary stormwater outlets in order to proceed with the separation of the combined sewers in the Main and Ferry Street areas. As part of the City's 5 -year capital budget, a sewer separation project plan was adopted with projects to be carried out on Ferry Street in 2009, Robinson Street in 2010 and Allendale Avenue in 2011. It was also the plan that the existing watermains on these streets would be either replaced or upgraded to improve the overall systems. Through this report, staff is proposing to reprioritize the sewer separation works along Robinson Street and Allendale Avenue in order to pursue watermain replacement and streetscaping along Main Street in 2009. The sewer separation along Ferry Street will proceed together with the streetscape improvements. The current and recommended revised budget of capital works improvements, with phasing and costs, are shown in Appendix 1. Streetscape Improvements a) Main Street Ni.agara,Falls PD- 2008 -89 The recommendations) contained in this report were adopted by City Council One of the major recommendations in the Historical Drummondville CIP was to carry out streetscape improvements along Ferry Street and Main Street. Conceptual Urban Design Guidelines were prepared as part of the CIP and they are being used as a guide in preparing streetscape plans. The Main Ferry BIA retained Paula Berketo Landscape Architect and Stempski Kelly Associates Inc. in the fall of 2007 to provide a more detailed Streetscape Plan. This plan was supported by the BIM in 2008, and the BIA requested that the streetscaping r. r _437000een?Street4P tilai;i02 Nta era Fa IN Working Together to Serve Our Community Community Services Department Planning Development November 3, 2008 -2 PO. 2008.89 for Main Street (from Ferry Street to Robinson Street) be implemented as soon as possible. It is their desire to have as much of the public realm improvements in place prior to the War of 1812 Bicentennial celebrations in 2012. Although not previously scheduled, improvement works along this section of Main Street should now be included in the current 5 -year capital budget. In examining other infrastructure needs along Main Street, it has been identified that the existing watermain is old cast iron pipe built in the 1800's and it is in need of replacement. The storm and sanitary sewers were separated in 1983 and therefore, no sewer work is necessary along Main Street. However, the roadway (asphalt overlay) and sidewalks are in need of repair and improvement. The projected cost for the infrastructure and streetscape improvements along Main Street is $1.2 million. The BIA has advised that they will provide a $200,000 contribution toward streetscaping work and a further commitment of $50,000 annually until the streetscaping is complete. A typical cross section of Main Street is shown in Appendix 2. Main Street between Robinson Street and Stanley Avenue will require watermain replacement, road reconstruction and streetscaping. This area has not been discussed for improvement and will be subject to future capital works, Also, Main Street from Ferry Street north has not been designed or scheduled for improvement. Further sewer separation works are necessary, including proper storm sewer outlets before this area could proceed. b) Ferry Street The CIP also identified the need for enhanced streetscaping on Ferry Street. It is proposed that improvements along Ferry Street occur in two phases in order to accommodate the Main Street watermain replacement and streetscaping in 2009. The first phase of Ferry Street will be from Temperance Avenue to Stanley Avenue and is projected to cost $1.9 million. This work is also scheduled to take place in 2009. The nature of the streetscaping in this area will be to increase the pedestrian sidewalks from 2.4 metres to 3.5 metres in width. The area closest to the road will include a banding of stamped concrete and area for street tamps, street trees and furnishings. Parking will be retained along the street and there will be a tapering of the walkway approaching the intersections of Ferry with Main Street and Stanley Avenue. A typical cross section of Ferry Street is shown in Appendix 3. The Region has delayed their commitment to asphalt overlay Ferry Street to meet with the City's proposed reconstruction schedule. The second phase of the proposed improvements along Ferry Street between Temperance and Main Street would be scheduled for 2010 at a cost of $1.4 million. An additional $200,000 is proposed for improvements at the intersection of Main and Ferry, as required. c) Lundy's Lane Lundy's Lane from Main Street to Drummond Road has been identified for improvement in 2010/2011 at a cost of $920,000. The watermain and sanitary sewer have been identified for replacement /repair. The Region will pay for the cost of the asphalt overlay and a portion of streetscaping will be covered by the Main and Ferry BIA. November 3, 2008 PD- 2008 -89 Revised Schedule The majority of the design work for Ferry Street has been completed. The surveying and design work for Main Street from Ferry Street to Robinson Street needs to begin in the near future. By reorganizing and rescheduling the Ferry Street work and deferring sewer separation along Allendale Avenue and Robinson Street, staff is able to recommend that the Main Street component occur in 2009. The financial contribution from the Main and Ferry BIA is a significant benefit and it is also hoped that the City may obtain a further $100,000 contribution in 2009 from the Region under their Public Domain Incentives Program, An application will be made to the Region under this program once Council has endorsed this work program. CONCLUSION: Considerable infrastructure and streetscape works are necessary and desired in the Historic Drummondville area. It is hoped that much of the work will be completed in time for the commemoration of the War of 1812 in the year 2012. Staff has met with the Main and Ferry BIA and they are supportive of the proposed schedule and streetscape designs. Attached as Appendix 4 is a letter from the Main and Ferry BIA confirming their support of the revised scheduling. Recommended by: Recommended by: Approved by: Respectfully submitted: Bob BollbruckjKeni Schachowskoj Attachments FV Geoff Holman, Director of Municipal Works �U Alex er ovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services MacDonald, C hief Atlmi I strative Officer V:12008000NCIL■08110311:D- 2008 -89, Proposed Infrastructure Streetscape Improv.for Historic Drummondville CIP.wpd 0 2 W 0 0 c k 69 0 OR co ro 69 ca ER co 0 0 69 co ER fi 0 ER 8 ro 69 co 69 EN ER ER o 3 z 7 13 re E Ln ei V)" k cn k co fa 8 ER 8 ca cn 69 8 ER 69 ER 69 no cm cn 0 te 69 3 co 69 8 no CNI co te co co cm to ca ro 0 on 8 d a n 01 fi$)\ m® 7#a It 2» 2 E 2 2 4- j a ;05 CL 2 o EfE jk 0) c 7 E �0 l /�f E «B al} 72 1)3 E. 2t@� 0 `l �k E'. \k kAf 27k A]E!(!¥/ o m fr ft E E EE E la= \EDEN00 69 69 69 Ea 69 )6 9iw o Q 6 N F. UJ Z 0 O z U 0 0 2 O 0w O W ce ce W Q 0 2 0 0 a a J W w ce 0) -z 0 U Q 0W ocn E u Ln N N 4 FO d MAIN Si FERRY B USINESSIMPROvEMENTASSOCIATION 6060 MAIN SP. NIAGARA FALLS, ONT. L2G 5Z9 October 21, 2008 Mayor Salei and Members of City Council 4310 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 Dear Mayor Salci and Members of Council, The Main and Ferry Business Improvement Association is in full support of the proposed Main and Ferry area Capital Works Improvement plan and phasing as presented by City staff at our October 15, 2008 Board meeting. The Main Ferry area is in dire need of repairs to our sidewalks, sewers, water mains and roads. One merchant recently was forced to close his business for two weeks due to a failure of the City's infrastructure. As well, there is at present virtually no streetscaping to make our area inviting, In 2004, the 131A developed strategic priorities for the economic revitalization of this area. At that time, we identified streetscape improvements as a key priority. We therefore hired a landscape architect to design a streetscape plan. Additionally, we have committed all of our BIA levies, for the last four years, towards the costs of streetscaping. We have budgeted $200,000 towards streetscaping the Main and Ferry area, with the goal of having this work completed before 2012. We recognize that streetscaping alone will not revitalize our area. However, it makes sense to implement needed Capital Works improvements in an area which expects to see an influx of War of 1812 Bicentennial visitors in a few years, and where there are plans to redevelop the Market Square and Museum in the near future. The phasing presented to us on October 15 will permit the necessary infrastructure projects and streetscaping to all be completed in time for the Bicentennial Celebration, We ask City Council's support for the proposed Capital Works Improvements and phasin so that our streetscaping can be completed on schedule. g4 Ann Nieuwesteeg Chair Main and Ferry BIA MAIN Si FF f' B USINESS I MPRO V EMENTASSO CIATI ON 6060 MAIN ST. NIAGARA FALLS, ONT. L2G 5Z9 Mayor Ted Salci and Members of Council City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 March 7, 2009 Dear Mayor Salci and Council, Re: 2009 Budget Streetscape Landscape Work 3 -year plan for the Historic Drummondville Community Improvement Plan area. In 2004, the Main and Ferry BIA identified the critical issues to be addressed in order to help turn negative trends and a downward economic spiral into positive growth and an economically thriving area. One of the key issues identified then was the need to improve the area's streetscape. Initially, our emphasis was on beautification. However, as time has passed this has grown to be no longer just a beautification issue, but also a functional one with the need to replace a large portion of the underground infrastructure. The watermains in our area are over 100 years old. We are now experiencing watermain breakages which ultimately affect our businesses. Also, the City has been incurring ongoing sidewalk repair costs to address safety and liability issues, with still more areas in need of repair. Our goal has been to have the entire area streetscaped before the Bi- Centennial celebration begins in 2012. In order to get started, the BIA Board hired, and paid for, a landscape architect to study the area and design a streetscape master plan. It was important to us that this plan be economically feasible. Therefore, we requested regular concrete sidewalks rather than interlocking brick sidewalks. Although the latter is much more attractive, we wanted the plan to be cost effective. The plan met the member's criteria and was adopted by the BIA Board during their December 2007 meeting and was presented in May 2008 during the annual general meeting of the BIA members. How to cover the cost of the project was also planned. With a small annual levy being our only funding, the BIA instituted a spending freeze. Acting responsibly toward our membership base, which is represented by small entrepreneurs, mostly family -owned and operated, the BIA spending was limited to only the absolute operating essentials. In essence, the Main and Ferry BIA saved and invested 95% of its annual levies since 2004. In being responsible to the taxpayer, we have only had one tax increase of 5% in 2009. As a result, the Main and Ferry BIA is in a position to pay for $200,000 of the proposed streetscaping budget. There is an excellent possibility that the Region will approve the City's application for $100,000 for streetscape improvements. The Main and Ferry BIA is therefore in a position to fully fund the estimated $290,000 streetscaping budget. We are willing and able to pay, not only for streetscaping within the Main and Ferry BIA boundaries, but to streetscape the wider Historic Drummondville CIP area (please refer to the maps for clarification of the areas). We are hopeful that the City will fund the electrical portion which includes new street coach lamps. We have learned that the Region has been delaying their asphalt overlay work along Ferry Street until the City completes the necessary sewer separation work. This is another reason for the infrastructure work to move forward. In order to proceed with the streetscape plan and meet the timeline for the Bicentennial Celebrations, we are requesting that City Council secure the funds for the necessary road, storm, sanitary, watermain and electrical work in 2009. It is our understanding that this work, especially Ferry Street/Lundy's Lane from Stanley to Drummond, has been in the plans for a number of years. In conclusion, the Main and Ferry BIA wants to work together with the City to ensure the streetscape and infrastructure improvements necessary for the Historic Drummondville area are carried out before 2012. We have committed a considerable amount of funds to see the improvements become a reality. Please consider the start of the streetscape and infrastructure work in this area a priority in 2009 Capital Budget. Members of the Main and Ferry BIA would like to address Council during their meeting when this matter will be before the members. uth Ann Nieuwesteeg hair, Main and Ferry BIA Copy: Main Ferry BIA members City Staff: Bob Bolibruck, Serge Felicetti, Geoff Holman, Kent Schachowskoj, Ken Burden, Ed Dujlovic, Todd Harrison Regional Peter Parrington, Bill Smeaton, Barb Greenwood, Norm Puttick Staff Niagara Regional Police Services 1ERi Ms dab b gmW¢E'as It and the Cry of lelagara fags (Me OW makes mg aWeeenmw,o a aapama eraea or haws, as to the :Nana mm'drtenes of the data. merman as aa.an eopw a herein are Intended fix general Iron purpaw aax and Les not considered as a9ral plan or drawings. For fumes kWormatitt. please [anon the ay. The On plw not be had Sable ror special, 4.ldenla. mupelhl 04 01*on damages awing from the use of mx data User: using madab. Ma part anew d4blaagre. w u m.,a,me. a h*dcoples made fore men may he reproduced aeuor Qomova without uxmaim*. Mardi 200e M\WS_RN OIEWTCUnum \ftam0UBW\C1P_ BU\9LLMamap Historic Drummondville CIP District Urban Area Boundary Area 2 Historic Drummondville Community Improvement Project District 2006 Aerial Photography This Lad k *0*0 0'as 5' and the Qy0( Niagara Fab (the CRY 04001011(010040100000000(000, express or FyJ.H. IC. IM xrueacy of completeness o10* yb. The maps and drawings wubia hash m blended for gbroal layout purpose, 0000 au M be considered m Mabll plans or pwkpy fag hurter information Contact the ay. The 0W Lan not be held liege lot special. IMtlaaal, (ossmumwl or Inbred t*aasea arere from the use of this tad. usas assume LI risks in u9y ph data. No nail el these Lgdl images, or hlormauon, or rare¢y4x mate from them may be reproduced 2.080 amotet.0mut thb disclaimer. May 2008 t Rt hwau00TCusim0wtananworpv_BIArCIP_Al nw March 23, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls C A N A D A Re: MW- 2009 -14 2008 Water Distribution Subsystem Annual and Summary Report RECOMMENDATION: That is report be received and filed. BACKGROUND: Working Together to Serve Our Community MW- 2009 -14 The attached report is prepared in accordance with the Safe Drinking Water Act (SDWA) 2002, Ontario Regulation 170/03, effective May 17, 2003. For a drinking water system owned by a Municipality, a copy of the Water Distribution Subsystem Summary Report is to be given to members of the Municipal Council before March 31, 2009. Additionally, a copy of the Water Distribution Subsystem Annual Report is currently posted on the City web page. Under the SDWA the Owner of the distribution system is required to take weekly microbiological and chlorine water samples from their water distribution system. These samples were taken from random locations throughout our distribution system so that we could obtain a good weekly representation of our system. In 2008, we conducted 1,337 regulatory microbiological samples and 1,753 chlorine samples; of these samples four required re- testing because samples exceeded the acceptable limits. These sites were flushed and retested showing clear results. In 2007, the City conducted 1,329 regulatory microbiological samples and 1,894 chlorine samples. The change in the number of chlorine samples from 2007 to 2008 can be attributed to a recommendation by our Drinking Water Inspector, to adjust our sampling schedule. Trihalomethane samples taken in 2008 were all found within the maximum acceptable limits. 04ueen Street' PO 1023'Niagara Falls ON Canada L2E 6X5 905-356-7521 www.niaga aialls.ca March 23, 2009 Beginning on December 15, 2007 to April 15, 2008 and again starting June 15, 2008 to October 15, 2008 the Ministry of the Environment has implemented mandatory lead sampling for all Municipalities. Samples are taken on a volunteer basis from homes and businesses built prior to when the Ontario Building Code banned lead solder and plumbing. Samples are also taken from fire hydrants in the areas where homes and businesses are sampled to determine base lead levels in the water in that particular area. It should be noted that a trace amount of lead exists in all drinking water; the Province has determined that 10 micrograms/ litre is the maximum allowable quantity. During each of these sampling windows 160 samples are taken from 80 residences, 16 samples are taken from 8 non residential properties and 32 samples are taken from 16 fire hydrants. Sites found to have exceeded the Provincial standard are excavated at the curb stop to determine the source of the lead, if it was found that the City side of the water service is lead pipe, the service is replaced. If it is found that the private side of the water service is lead pipe or lead solder is found on the premises; the owners are encouraged to change their service. Additionally information packages from the Public Health department are given that provides information on tap filtration systems that bring their water within the acceptable limits. Recommended by: Respectfully submitted: 2 MW- 2009 -14 f° Geoff Holman, Director of Municipal Works Ed Dujlovic, Exeb f irector of Community Services J.Sticca C:\ Documents and Settings\mt2221Local Settings \Temp1XPgrpwise \MW 2009 -14 2008 Water Distribution Subsystem Annual and Summary Report.wpd CITY OF NIAGARA FALLS WATER DISTRIBUTION SYSTEM ANNUAL SUMMARY REPORT JANUARY 1, 2008 DECEMBER 31, 2008 Prepared by: City of Niagara Falls Municipal Works This report is prepared in compliance with section 11 and schedule 22 Ontario Regulation 170/03 made under the Safe Drinking Water Act 2002 (R.S.O. 2000). Water Distribution System The City of Niagara Falls purchases water from the Regional Municipality of Niagara through the Niagara Falls Water Treatment plant. The municipal water source is a surface water supply from the Niagara River via the Welland River. The water is distributed to Niagara Falls residents through approximately 441 kilometres of City water mains and 39 km of Region water mains. The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm in size. The City of Niagara Falls water distribution system is deemed a class 2 system. In 2008 the City purchased 15,594,843 m/ from the Regional Municipality of Niagara and sold 12,729,769 m/ to consumers. This difference equates to 18.3% unaccounted for water. Please refer to the Regional Municipality of Niagara report. Website http: /www. niagara region ca /home. aspx Operational Compliance The City of Niagara Falls has reviewed its procedures and have taken measures to assure compliance with all new regulations. Protocol for reporting indicators of adverse water quality, and making data and reports publicly available have been established and are being followed. To meet the standards the City samples from a minimum of 88 sites each month. Sampling sites represent a cross section of the city's distribution system. Samples are collected by staff members who have attained MOE certification as Water Distribution System Operator and or Water Quality Analyst. Tests to comply with the Regulation are for Microbiological (Bacteria) indication of adverse water quality. Drinking Water Microbiological Test Standard Escherichia Coli (E. Coli) 0 Fecal Coliform 0 Total Coliforms 0 Heterotrophic Plate Count (HPC) <500 1 Additionally Free Chlorine is required to be 0.05 mg. /litre or higher. If an indicator of adverse water quality incident occurs corrective actions and notification to the Ontario Ministry of Environment and the Medical Officer of Health are immediately undertaken. Re- sampling, including adjacent sites and or fire hydrants is initiated, and where necessary flushing of water mains and increasing the chlorine dosages is carried out until water quality once again conforms to the Regulation. As of December 15, 2007 the Ministry of the Environment requires municipalities to perform voluntary lead sampling during two sampling windows, December 15 to April 15 and June 15 to October 15. The City is required to take 88 plumbing samples (80 residential, 8 non residential) and 16 distribution samples (fire hydrants) per sampling window. Areas with suspected lead water services were tested, those tests with results that exceeded Provincial standards are listed below. DEFINITIONS, ABBREVIATIONS TERMS MAC Maximum Acceptable Concentration This is a health related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment. Revised January 2001. PIBS #4065e. Page 2.) mg /L milligrams per litre (parts per million) cfu /100 mL Colony Forming Units per 100 millilitres of sample ug /l micrograms per litre (parts per million) Less than Greater than Microbiological parameters (ie. bacteria) the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous water- bourne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment.) 2 Total Coliform the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment.) Escherichia coif (E. coli) a sub -group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indications of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment) Background Count the bacteria content in water which can be used to measure water quality deterioration in distribution systems. (Ministry of Environment. Method MFMICRO E3371.) Heterotrophic Plate Count (HPC) an estimate of the number of background bacteria present in th distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial regrowth in the distribution system. Trihalomethanes (THM's) The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg /L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Lead Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from pluming in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. First flush water at the consumer's tap may contain higher concentrations of lead then water that has been flushed for several minutes. Unaccounted For Water The difference between the volume of water delivered into a supply system and the volume of water accounted for by legitimate consumption, whether metered or not. 3 Microbiological Parameters MAC or IMAC Number of Samples Number of Detectable Results Sampling Dates Range Number of Exceedances Comments Total Coliforms (counts /100m1) 1337 3 Jan. 1/08 Dec. 31/08 N/A 3 Indicates possible presence of fecal matter E -Coll (counts /100m1) MF 1337 1 Jan. 1/08 Dec. 31/08 N/A 1 Definite indicator of fecal contamination Fecal Colif MF 1337 0 Jan. 1/08 Dec 31/08 N/A 0 Definite indicator of fecal contamination HPC <500 1337 380 Jan. 1/08 Dec. 31/08 >500 1 Possible indicator of deteriorating water quality Parameters MAC Number Number of Sampling Range Number of Comments Related to or of Detectable Dates mg /L Exceedances Microbiologic al Quality IMAC Samples Results (weekly/ daily) Free Chlorine Jan.1 /08 0.05 Recommended System 1753 1753 Dec.31 /08 1.23 0 level of at least (mg /I) 0.2 mg /L not an adverse result unless less than 0.05 mg /L Drinking Water Quality Standards maximum allowable limits: Lead:10 ug /I Trihalomethanes100 ug /I CITY OF NIAGARA FALLS WATER DISTRIBUTION SYSTEM ANNUAL SUMMARY REPORT For the period January 1, 2008 through December 31, 2008 Note: The information used to complete the above table was reported by E3 Laboratories. CHLORINE RESIDUALS SUMMARY 2008 ors 4 TRIHALOMETHANE RESULTS SUMMARY 2008 ADVERSE WATER SUMMARY AND CORRECTIVE ACTION 2008 Location Address Chemical Parameters MAC Number of Samples Number of Detectable Results Sampling Dates Range ug /L Number of Exceedances Typical Source of Contaminant Tri- halomethane (ug /L) 100 4 0 2008 -03 -18 2008 -06 -20 2008 -09 -16 2008 -12 -17 13.7 37.6 0 of Chlorination Chlorination 2008/09/29 1 0 TRIHALOMETHANE RESULTS SUMMARY 2008 ADVERSE WATER SUMMARY AND CORRECTIVE ACTION 2008 Location Address Sample Date Collected Membrane Filtration Count CFU 100m1 HPC Count Count Chlorine Residual mg /L Corrective Action Taken Total Coliforms Fecal Coliform CFU /1111 Humane Society 6025 Chippewa Parkway 2008/07/21 1 0 0 0.55 Flushed and re- sampled up and downstream. July 22 July 23/08. All results are now clear. Daisy Mart 3464 Cattell Drive Tony 2008/09/29 1 0 1 0.54 Flushed and re- sampled up and downstream. Sept 30 Oct 1/08. All results are now clear. Roma's 6374 Fallsview Blvd 2008/12/30 1 1 0 0.46 Flushed and re- sampled up and downstream. Dec 31/08 Jan 1/09. All results are now clear. TRIHALOMETHANE RESULTS SUMMARY 2008 ADVERSE WATER SUMMARY AND CORRECTIVE ACTION 2008 Location Sample Date Lead Result Type Action Taken A B 7944 Watson St Jan 8 0.0219 0.0192 Plumbing City water service investigated` #4096 Peer St Jan 21 0.0114 Hydrant Flushed and re- sampled, all clear 6104 Cadham St Jan 22 0.0283 0.0357 Plumbing City water service replaced' 6103 Cadham St Jan 22 0.0385 0.0213 Plumbing City water service replaced' 4329 5'" Ave Jan 31 0.012 0.0105 Plumbing Excavation planned 7930 Watson St Feb 1 0.0124 0.0146 Plumbing City water service investigated 7945 Watson St Feb 5 0.0156 0.0247 Plumbing City water service investigated 5196 Kitchener St Feb 6 0,00327 0.0239 Plumbing Excavation planned 6088 Cadham St Feb 8 0.0261 0.0529 Plumbing City water service replaced' 6160 Cadham St Feb 11 0.0184 0.0244 Plumbing City water service replaced' #3135 Huron St Feb 12 0.0108 Hydrant Flushed and re- sampled, all clear Hydrant replaced #4278 Heximer Ave Feb 12 0.0111 Hydrant Flushed and re- sampled, all clear 6184 Cadham St Feb 13 0.038 0.0512 Plumbing City water service replaced' 6064 Cadham St Feb 19 0.0428 0.0197 Plumbing City water service replaced' 6262 Arad St Feb 21 0.0123 0.0199 Plumbing Excavation planned 5401 Menzie St Feb 29 0.0200 0.0613 Plumbing City water service investigated` 5201 Kitchener St Mar 4 0.0132 0.0156 Plumbing Excavation planned 4337 5'" Ave July 30 0.0806 0.0816 Plumbing City water service investigated` 7944 Watson St Aug 6 0.0322 0.0433 Plumbing City water service investigated` #4096 Peer St Aug 7 0.0422 Hydrant Flushed and re- sampled 5230 Kitchener St Aug 8 0.0904 0.0475 Plumbing Excavation planned 4313 5 Ave Aug 15 0.0549 0.0685 Plumbing City water service investigated` #4096 Peer St Aug 19 0.0340 Hydrant Hydrant replaced 4337 5' Ave Aug 19 0.074 0.115 Plumbing City water service investigated` 5791 Leonard Ave 22 0.0124 0.0079 Plumbing Excavation planned 5318 McRae St Sept 4 0.015 0.0198 Plumbing Private water service was lead 5320 McRae St Sept 4 0.0229 0.0224 Plumbing Private water service was lead 4321 5 Ave Sept 9 0.0162 0.0388 Plumbing Excavation planned 4337 5 Ave (tub) Sept 18 0.0363 0.0401 Plumbing City water service investigated 4337 5 Ave (outside) e 0.0377 0.0428 Plumbing City water service investigated 4337 5 Ave (bath sink) Sept 18 0.0416 0.0424 Plumbing City water service investigated LEAD EXCEEDANCE SUMMARY RESULTS 2008 6 6176 Cadham St Sept 19 0.0105 0.0104 Plumbing City water service replaced' 6072 Cadham St Sept 19 0.0143 0.0291 Plumbing City water service replaced' 7930 Watson St Sept 19 0.0179 0.0185 Plumbing City water service investigated` 7945 Watson St Sept 19 0.0225 0.024 Plumbing City water service investigated 6144 Cadham St Sept 19 0.0278 0.0331 Plumbing City water service replaced' 6103 Cadham St Sept 19 0.0336 0.045 Plumbing City water service replaced' 6152 Cadham St Sept 19 0.0415 0.0613 Plumbing City water service replaced' 6184 Cadham St Sept 19 0.0516 0.0613 Plumbing City water service replaced' Note. Under the advice of the Safe Drinking Water Inspector, sites which exceeded Provincial standards during the first round of testing were tested again during the second round of testing. City water service was replaced with copper. During excavation, those homes found with lead pipe on the private side of the curb stop were advised to replace their service with copper and were provided a Public Health information package. 2 Excavation found copper on both private and City side of the curb stop. The internal plumbing is suspected to be the cause of the lead. 7 March 23, 2009 R- 2009 -07 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara Jalls C A N A D A Re: R- 2009 -07 Contract for the Supply Installation of a Public Washroom Building and Site Works at Patrick Cummings Memorial Sports Complex RECOMMENDATION: That the tender from Corporate Construction Inc. (807 Garner Road E., Ancaster, ON) for the supply and installation of a public washroom building and site works within Patrick Cummings Memorial Sports Complex in the amount of $368,695.40 (excluding GST) be approved. BACKGROUND: Situated within a growing area of Chippawa, Patrick Cummings Memorial Sports Complex is the City's premiere facility for slo -pitch and regularly hosts numerous high profile slo- pitch tournaments including the Canadian Nationals. In addition, this sports complex also functions as a park to the community, providing passive and active recreation opportunities. Recognizing the importance of Patrick Cummings Memorial Sports Complex, a master plan for the future of the park was developed. On June 26, 2008, City staff conducted an Open House session for the community to review the proposed plans. See Attachment #1 for the Open House notice and Attachment #2 for the park master plan that was presented. Comments provided by the community helped to shape the plans. The results included a new playground constructed in July 2008, as well as a splash pad for children for a spring 2009 opening (report R- 2008 -35). Also, included in the park master plan was the installation of permanent washroom facilities. The park to date has lacked proper permanent public washroom facilities and has relied upon seasonal portable,, washrooms. Portable toilets for long term use were not intended for the park, nor a fhey typical of the service expected in a tournament -based sport park facility. ontroseRoad Unit 1, Niagara Falls ON Canada C2H 3N3 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture BIDDER ADDRESS BID PRICE (Excluding GST) Cor Corporate Construction Inc. p 807 Garner Road, Ancaster ON L9G 3K9 $368,695.40 TRP Construction General A Division of 1014542 Ontario Limited 3226 d Apollo Road, Burlington ON ad, 2M8 $392,996.00 Stolk Construction Limited 11 Petersburg Circle, Port Colborne ON L3K 5V4 $477,401.19 T.A.T. Construction Ltd. P.O. Box 7, Fenwick ON LOS 100 $557,500.00 March 23, 2009 2 R- 2009 -07 A tender call was issued (TR19 -2008) for a permanent public washroom building to be constructed and also included the park area site work which involves the development of a family picnic area, seating areas, pathways to make the play areas accessible, trees for shade, and a lawn area for free play. See Attachment #3 and Attachment #4 for proposed washroom building design. Four (4) bidders responded to the call as listed below: Staff completed a thorough review of each bid and found the bid submitted by Corporate Construction Inc. was the lowest bid ($368,695.40, excluding GST) and met all necessary requirements. The low bid provided by Corporate Construction Inc., can be broken down generally as follows: $205,602.40 +GST for the supply and installation of a washroom building. $163,093.00 +GST for the supply and installation of site work. Within prior years' capital budgets, (i.e., 2007 and 2008) the preparation work for this component of the park project was completed. Approximately $125,000 has been spent to date to prepare for the installation of the washroom building. These expenses generally include $47,199.78 +GST for the supply and installation of water and sewer services (Q08- 2008), $39,435.80 +GST for the supply and installation of a new electrical service to Patrick Cummings Memorial Sports Complex and Chippawa Willoughby Memorial Arena (Q46- 2008) and $41,109.32 in consulting engineer fees for building design and related servicing work. In addition to the amenities discussed, the purpose of the site work is to provide necessary servicing to make the new spray pad operational (R- 2008 -35) as the splash pad contract was previously awarded. Furthermore, the proposed site work also includes work to finish off the area around the new playground, ensuring that neighbourhood kids are not playing in mud and gravel. March 23, 2009 This project was approved in the 2007 and 2008 Capital Budgets. Development Charge funding is available for this project in the amount of $119,826.00 (32.5% of project cost.) The balance of funding has been identified through debentures in 2010. With the approval of this contract award, work will commence in spring 2009 with the completion planned for summer 2009. Recommended by: Respectfully submitted: 4/4/44/5" Denyse Morrissey, Director o Parks, Recreation Culture 3 R- 2009 -07 Ed Dujlovic, e Director of Community Services Attachments D. Antonsen S:1Council\Council 20091R- 2009 -07- Contract for the Supply Installation of a Public Washroom Building and Site Works at Patrick Cummings Memorial Sports Complex.wpd Niagaraf'aIds Dear Resident, S:\Couucil \Council 2009\R- 2009 -07- Attachment 1.wpd ATTACHMENT 1 June 20, 2008 NOTICE INFORMATION OPEN HOUSE PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX The City of Niagara Falls is pleased to advise you of the design concepts and planned improvements for the Patrick Cummings Memorial Sports Complex. An Information Open House has been scheduled to invite residents and the community to see the proposed plans for the park, ask questions and provide comments. To provide a much enhanced park in this area of our community, the general park plans, some of which will be completed in 2008 and 2009 (with the recent approval of the 2008 capital budget) include the following: Thursday, June 26, 2008 6:00 p.m. to 9:00 p.m. Chippawa Lions Hall, 3970 Welland Avenue Splash Pad Water Play area Children's play equipment with age appropriate play stations Multi -use youth activity area Family picnic area Dedicated washrooms Pathway linkages Parking improvements Soccer pitch/multi- purpose sports field Park benches and focal landscape features If you are unable to attend the Information Open House, the plans and comment forms will also be available at www.nigarafalls.ca as of July 9, 2008. If you have any questions regarding this park improvement project please contact David Antonsen, Landscape Architect with Parks, Recreation Culture at 905- 356 -7521 ext. 3335 weekdays between 8:30 a.m. to 4:30 p.m. or by email dntonsen@niagarafalls.ca We look forward to meeting with you and discussing the Patrick Cummings Park enhancements in more detail at the Information Open House. ATTACHMENT 2 PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX MASTER PLAN CONCEPT 0 20 0 0 m O O T C z co m 0 73 CO r C r^ r 0 0 2 70 UJ V! 0 Z r m X ATTACHMENT 3 z 3 PI n a z X• 0 C d 3 F v D o 0 0 v r 0 0 1 1 PI p 0 v D Vr- w' 5 PI ct• N X •v v e ATTACHMENT 4 i 1=IIMMAIIMPOINIIIIMI■T MOWN MINIM IMISMIIII=1111■1 MI 1■111••■■•110•1■11MIIIIIIII MI la•=1MININIIMIIIMMIIMINflil NM anaia/MI I= ■IIIIIIIIMIII■■ IMP! 11•1•11■11■11■MININNIIIIMINI MN WOMENS WASHROOM OPPOSITE (LEFT SIDE) VENT OPENING 406x200mm 953x2133 ACTIVE DOOR (OUTWARD SWING) FIN. FLOOR 2004 45 ,k- 406 152 5791 6096 RIGHT SIDE VENT OPENING 406x200mm SZE ana saanose ana nna aannaa 10•1■1 anal mot ■■amim in= -i 1 3050 014x2133 AC VE 000R MITT 1 3200 VENT OPENING 406x200mm FIN. FLOOR 3 914 3200 PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX PROPOSED WASHROOM BUILDING ELEVATIONS 152 203 4256 March 23, 2009 PD- 2009 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -17 AM- 06/2006, Official Plan Amendment No. 68 5471,5491 and 5507 River Road, 4399 and 4407 John Street and Vacant Lands on the west side of River Lane between John Street and Phillip Street Applicant: O.R.E. Development Corporation Repeal of Adopting By -law for Official Plan Amendment No. 68 RECOMMENDATION: Niagaraj3alls It is recommended that Council repeal By -law No. 2006 -126 which adopted Official Plan Amendment No. 68 and the Regional Municipality of Niagara be requested to close the file. BACKGROUND: On July 10, 2006, Council passed By -law No. 2006 -126 which adopted Official Plan Amendment No. 68 (OPA No. 68). OPA No. 68 was adopted for the development of a 29 storey, 250 unit apartment building on the west side of River Road between John Street and Phillip Street, as shown on Schedule 1. OPA No. 68 was forwarded to the Regional Municipality of Niagara for final approval. Regional Council deferred making a decision on OPA No. 68 at the request of the applicant. Shortly thereafter, O.R.E. Development Corporation abandoned their proposal and sold the land to Niagara Falls Pointe Limited Partnership. On September 8, 2008, Council approved an application by Niagara Falls Pointe Limited Partnership to amend the City's Official Plan and Zoning By -law for the same site. The amendments were requested to permit the development of a 7 storey, 119 unit apartment building. On October 6, 2008, Council passed By -law No. 2008 -173 which adopted Official Plan Amendment No. 86 (OPA No. 86). OPA No. 86 permitted the passage of By -law No. 2008- 174 which would permit the development of the 7 storey, 119 unit apartment building. OPA No 86 and Zoning By -la No2008 -174 were appealed to the Ontario Municipal Board (OMB) by F.J. Prenf a te.. Queen Street PO Box 1023' Niagara Falls ON L2E`6X5 905 -356 7521 www:niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development March 23, 2009 On February 15, 2009 the OMB considered a motion brought forward by the Niagara Falls Pointe Limited Partnership to dismiss the appeal. After considering all the evidence filed and the submissions made, the OMB dismissed (attached) the appeals against OPA No. 86 and By -law No. 2008 -174 and approved them. CONCLUSION: As OPA No. 86 reflects Council's current intent for the development of the land and has been approved by the OMB, the Region has requested that By -law No. 2006 -126 which adopted OPA No.68 be repealed so that they can close their file. This is a housekeeping matter. There is no issue from a local planning perspective. The principals of Niagara Falls Pointe Limited Partnership have been advised and have no objection. Recommended by: Approved by: A.Bryce:mb Attach. g 1i<A4, 1 rector of Planning Development Alex Herlovitch 2 PD- 2009 -17 Ed Dujlovic, Executive Director of Community Services S:VPDR120095PD- 2009 -17, AM- 0612006, 5471 5491 5507 River Road 4399 4407 John Street Subject Land WA Amending the Official Plan and Zoning By -law No. 79 -200 Location: 5471 River Road 5491 River Road 5507 River Road 4399 John Street 4407 John Street Applicant: O.R.E. Development Corporation K: \GIS_Requests12006\ Schedules \ZoningAMUM- 06\mapping.map SCHEDULE 1 LOCATION MAP 1:NTS AM- 06/2006 May 2006 ISSUE DATE: Feb. 27, 2009 IN THE MATTER Appellant: Subject: Municipality: OMB Case No.: OMB File No.: Appellant: Subject: Municipality: OMB Case No.: OMB File No.: Motion Request By: Purpose of Motion: Appellant: Subject: Municipality: OMB Case NO.: OMB Fite_No.: Motion by: Purpose of Motion: Appellant: Subject: Municipality: OMB Case No.: OMB File No.: APPEARANCES: Parties F.J. Prentice et al F.J. Prentice By -law No. 2008 -174 City of Niagara Falls PL081433 PL081434 in Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario OF subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended F.J. Prentice Proposed Official Plan Amendment No. 86 City of Niagara Falls PL081433 PL081433 IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended IN THE MATTER OF subsection 17(45) of the Planning Act, R.S.O. 1990, C. P. 13, as amended Niagara Falls Pointe Limited Partnership (applicant) Request for an Order Dismissing the Appeal F.J. Prentice Proposed Official Plan Amendment No. 86 City of Niagara Falls PL081433 PL081433 IN THE MATTER OF subsection 34(25) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Niagara Falls Pointe Limited Partnership (applicant) Request for an Order Dismissing the Appeal F.J. Prentice By -law No. 2008 -174 City of Niagara Falls PL081433 PL081434 Counsel" /Agent Leila Cruikshank running Scanned File: nN I N PL081433 PL081434 RECEIVED MAR 1 1 200 PLANNING DEVELOPMENT The matter before the Board was a motion brought by Niagara Falls Pointe Limited Partnership (the "Applicant to dismiss the appeal of F.J. Prentice (the "Appellant") to the passing of Official Plan Amendment No. 86 and Zoning By -law Amendment No. 2008 -174 by the City of Niagara Falls which, if finally approved, would permit the development of a property known municipally as 5471, 5491 and 5507 River Road (the Main Parcel) together with a vacant parcel directly opposite the main parcel (the vacant parcel) located at the northwest corner of River Lane and Philips Street for a 119 -unit residential condominium building together with a two level parking garage. The condominium building has a stepped -back height of 7 storeys at River Road and John Street reducing to a 5- storey height at River Road and Philip Street. The podium height of the project is a maximum of 2 storeys. The Context 2 Niagara Falls Pointe Limited Partnership Ian J. Lord* The City of Niagara Falls Ken Beaman* DECISION DELIVERED BY J. P. ATCHESON AND ORDER OF THE BOARD PL081433 PL081434 The subject properties are located on the west side of River Road between Phillip Street to the north and John Street to the south. The subject lands comprise approximately 0.500 hectares consisting of two parcels divided by River Lane. The larger parcel upon which the condominium building is proposed, has frontage on River Road to the east, Phillip Street to the north, and John Street to the south and consists of some 0.452 hectares of land. The second parcel is located across from the main parcel on the west side of River Lane and contains approximately 0.048 hectares of land and is to be used for surface parking for the project. PL081433 3 PL081434 The majority of the lands are currently designated Tourist Commercial while the smaller parcel west of River Lane is designated Residential by the Official Plan for the City of Niagara Falls. The majority of the lands are currently zoned Tourist Commercial (TC -67) with site specific provisions permitting the development of a motel having a height of up to four storeys and 112 units. The two properties on John Street are currently zoned Residential Single Family and Two Family (R2). This zoning has been in place since the early 1980's. In 2006, Ore Development Corporation (ORE) a previous owner, made applications to amend the City's Official Plan and Zoning By -law to permit the development of a 29 storey, 250 -unit residential development at 4399 and 4407 John Street. Niagara Falls City Council approved the (ORE) proposal and subsequently adopted Official Plan Amendment No. 68 which was forwarded to the Region of Niagara for approval. Regional staff recommended in a report dated October 11, 2006 that this Official Plan Amendment not be approved. Subsequent to the release of this staff report and prior to Regional Council's consideration of the matter, (ORE) abandoned its proposal. The current Applicant, on or about November 1, 2007, acquired the subject property and on June 12, 2008 filed complete applications to amend the Official Plan and Zoning By -law of the municipality to permit the proposed development now before the Board. At the commencement of the hearing, Mr. Lorenzo Siciliano of 4427 John Street Niagara Falls, L2E 1A4, sought participant status in the event the matter was to go to a full hearing. The Board, with the consent of the parties, granted participant status to Mr. Siciliano. The Appeal PL081433 4 PL081434 The reasons for the appeals to the Official Plan Amendment and Zoning By -law Amendment, while individually and appropriately filed, are similar in their construct and are succinctly set out in the Appellant's response to the motion at Exhibit 4. These issues identified by the Appellant are summarized as follows 1. The increased height, the increased density, the building form and the reduction in building setbacks do not conform to the existing Official Plan and Zoning By -law. 2. The Project will result in overlook and privacy impacts on the existing residential neighbourhood. 3. Vehicle traffic has not been properly considered. 4. Geological impacts. 5. Municipal servicing and fire safety issues. 6. The proposed development is contrary to the recommendations contained in the 1983 River Road Study Area Neighbourhood Plan and the Community Improvement Plan (CIP). During the course of the submission by Counsel for the Applicant and on questioning from the Board, Mr. Prentice and his agent Ms Cruikshank confirmed that the issues of: (a) overlooWloss of privacy (b) traffic (c) geological impacts were: The Motion (d) servicing and fire safety were no longer issues that they wished to pursue. The Board confirmed that the remaining outstanding issues for the Appellant (a) increased height; (b) increased density; and (c) decreased setbacks that are not in conformity with the existing Official Plan and Zoning By -law and that further; (d) The proposed development is contrary to the recommendations contained in the 1983 River Road Study Area Neighbourhood Plan and the Community Improvement Plan (CIP). The grounds for the motion are as follows: PL081433 5 PL081434 1. The reasons set out in the notice of appeal do not disclose any apparent land use planning grounds upon which the Board could allow the appeals in whole or in part 2. The appeal is not made in good faith or is frivolous or vexatious, and /or; 3. The appeal is made only for the purpose of delay. Purposes 1.1 The purposes of this Act are, PL081433 6 PL081434 Counsels for the Applicant and the City in their oral submissions also rely on subsections 1.1(f) and 2.1 of the Planning Act as amended by Bill 51 which are produced here for ease of reference. (f) to recognize the decision- making authority and accountability of municipal councils in planning. 1994, c. 23, s. 4. Decisions of councils and approval authorities 2.1 When an approval authority or the Municipal Board makes a decision under this Act that relates to a planning matter, it shall have regard to, (a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and (b) any supporting information and material that the municipal council or approval authority considered in making the decision described in clause (a). 2006, c. 23, s. 4. Mr. Lord in his submissions and motion material found at Exhibit 3(a) and 3(b) noted the extensive and complete submissions made by his client in support of their application. These submissions, among other things, contained detailed engineering servicing studies, traffic impact studies, geological impacts studies together with shadow impact studies and a comprehensive planning appraisal asset out in the affidavit of Mr. Goldberg, a qualified land -use planner. PL081433 7- PL081434 Mr. Lord, through the affidavit evidence of Mr. Goldberg, confirmed that the project had met all of the notice and public hearing requirements of the Planning Act, that his clients have addressed the concerns raised by City planning staff as set out in their staff report of July 21, 2008 Exhibit 3(a), Tab H, including entering into a Section 37 agreement with the Municipality as part of its Official Plans bonus policies prior to the City executing Official Plan Amendment No. 86. It was Mr. Lord's submission that based upon the planning process followed by the municipality and the changes made by his clients including the Section 37 agreement, that City planning staff were in full support of the revised application and supported the Official Plan and Zoning By -law Amendments as confirmed in their report of October 6, 2008 Exhibit 3(a), Tab K. Mr. Lord proffered that the planning analysis conducted by Mr. Goldberg and City staff was complete bearing in mind the Provincial, Regional policy directions and the directions of the City's Official Plan currently in place and that these professionals are satisfied that there are no conformity issues with either Provincial or Regional policy directions and that the proposal before the Board meets the objectives and policies of the Official Plan for the City of Niagara Falls. It was Mr. Lord's submission that this evidence should be preferred to the assertion found in the appeal and affidavit of Mr. Prentice and subsequently of Mr. Darbyson, a qualified land -use planner, retained by Mr. Prentice to assist him in replying to the motion to dismiss filed by the Applicant Mr. Lord noted that his client had filed a site plan application in September of 2008 with the municipality and that this drawing formed part of the motion material. It was his submission that the appellants had failed to consider any of the changes that have resulted from the planning review and appear in his submission to merely wish to retain the status quo and have not considered, in any serious way, the merits of his client's application. PL081433 8 PL081434 Mr. Lord acknowledges that the Official Plan set a base residential density standard of 125 units per hectare for high density development but that as planning staff points out in its report, the Official Plan allows building heights greater than 6 storeys for residential land generally located in close proximity to the Central Business District, other major commercial districts, parks and open space areas. Minor increase in height and density may be allowed through bonus zoning provisions {Section 37 of the Planning Act). It was Mr. Lord's contention that to go from an approved 112 -unit 4- storey motel to a 119 -unit, five to seven storey condominium project, is a minor change contemplated and encouraged by the Official Pan and represents good planning for this part of Niagara Falls. In this regard he relies on the planning appraisal of Mr. Goldberg and the assessments undertaken by City planning staff. Mr. Lord directed the Board to the planning analysis conducted by City staff of the revised plans set backs as set out in the planning report found at Exhibit 3(a), Tab K, which concluded that there will be no negative impacts resulting from the proposed building on the immediate area. It was Mr. Lord's submission that with respect to the 1983 River Road Study Area Neighbourhood Plan, that the document was never formally approved by City Council and never found its way into any approved planning document of the municipality and as such has limited value in reviewing the project at hand. Mr. Lord in his submissions invited the Board to look beyond the Planning language employed by the Appellant and found in Mr. Darbyson's affidavit. It was his submission that the mere assertion or apprehension of planning impacts without a solid foundation for the allegation does not represent legitimate or authentic planning grounds to allow the appeal to proceed and that the comprehensive analysis conducted by Mr. Goldberg and City planning staff should be preferred to the mere assertions of the Appellants. Mr. Beaman did not file any reply to the motions on behalf of the City but orally submitted that the Board should have regard for the decision of City Council as set out in Section 2.1 of the Planning Act. He confirmed that 1983 River Road Study Area Neighbourhood Plan was never formally approved by City Council and in his submission this document should be given little policy weight. The Board then received submission from Mr. Prentice and Ms Cruikshank in reply to the motion. Mr. Prentice is concerned that City staff between their July 2008 and October 2008 planning reports changed their positions regarding the proposed project. He freely admitted that the Appellants are not opposed to the Official Plan redesignations of a major portion of the site from Tourist Commercial to Residential. Their concerns revolve around the size, density, height and setbacks of the proposed building. The Appellants did not express any concerns or proffer any opinion evidence regarding negative impact resulting from the project. Nor in the Board's reading of Mr. Darbyson's affidavit is there any mention of negative impacts resulting from the proposal on the surrounding neighbourhood. The main contention set out in their submission is that the proposal does not comply with the existing Official Plan policies and the zoning by -law regulations of the municipality and would not comply with Regional housing guidelines. Mr. Darbyson in his affidavit asserts that in his opinion "the density, building mass, height and set backs of the proposed apartment building do not comply with the City's Official Plan policies However he proffered no report or planning analysis of how he arrived at his planning opinion. THE BOARD'S AUTHORITY AND FINDINGS PL081433 9 PL081434 The Board, after carefully considering the submission and the evidence provided by the Parties, makes the following findings. Dismissal without hearing (a) it is of the opinion that, (i) 10 The Board's authority to consider the Motion to Dismiss in this case is found at Subsections 17(45) (Official Plans) and 34(25) (Zoning By -laws) of the Planning Act. Both subsections of the Act are similar in their construction in prescribing the grounds the Board may consider when determining whether to dismiss an appeal without a hearing. Subsection 17(45) is quoted in this decision for the purpose of clarity. The reader should note that the same criteria apply in subsection 34(25) with minor changes. Subsection 17 45 Despite the Statutory Powers Procedure Act and subsection (44), the Municipal Board may dismiss all or part of an appeal without holding a hearing on its own initiative or on the motion of any party if, the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the plan or part of the plan that is the subject of the appeal could be approved or refused by the Board, (ii) the appeal is not made in good faith or is frivolous or vexatious, (iii) the appeal is made only for the purpose of delay, or (iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process; (b) Repealed: 2006, c. 23, s. 9 (10). P L081433 PL081434 PL081433 11 PL081434 (c) the appellant has not provided written reasons with respect to an appeal under subsection (24) or (36); (d) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act; or (e) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board. 1996, c. 4, s. 9; 2006, c. 23, s. 9 (8 -10). Mr. Prentice has been an active participant in the public hearing process and has been diligent in bringing his concerns to City Council. The Board has no evidence before it that subsections 17(45), (c), (d) or (e) are applicable in this particular case nor is this being alleged by Mr. Lord in his submissions. Subsections 17(45) (a) (ii) (iii) and (iv) speak to inappropriate actions or motives of the Appellants that are not based on good faith or that are solely employed for the purpose of delay. After reviewing the evidence and listening to the submissions, the Board is satisfied that Mr. Prentice's actions and his appeal are sincere and while they may seem frivolous and vexatious to the Applicant, they do not rise to the level contemplated by the Planning Act as grounds for dismissal of the appeal. This leaves subsection 17(45) (a) (i) and its counterpart in subsection 34(25) namely, do the appeal letters and submission of Mr. Prentice disclose any apparent land use planning grounds upon which the Board could allow all or part of the appeal? The grounds for the appeal were amended by the Appellant during the course of this hearing and are set out earlier in the decision. The Board in considering the amended appeal outlined by Mr. Prentice and Ms Cruikshank is mindful of the significant body of case law that has developed in recent years in relation to subsection 17(45) and 34(25) and similar sections found in the PL081433 12 PL081434 Planning Act. It is no longer sufficient for appellants to raise triable issues couched in planning language to survive a motion brought under these Subsections. The appeal must disclose planning grounds that warrant a hearing. It is not sufficient to simply raise apprehensions as Members McLoughlin and Lee state in City of Toronto v East Beach Community Association: The Board is entitled to examine the reasons stated to see whether they constitute genuine, legitimate and authentic planning reasons. This is not to say that the Board should take away the rights of appeal whimsically, readily and without serious consideration of the circumstances of each case. The Board, during the course of Mr. Prentice and Ms Cruikshank's presentation, sought amplification from them to determine what evidence they might lead at a hearing which could establish legitimate and authentic planning grounds which might lead the Board to allow the appeal in whole or in part based upon the remaining matters contained in their appeal. The Board recognizes and has made allowance that the Appellant is not a learned counsel or planning professional but a concerned citizen and as such may not be as conversant with planning matters. That being said, the onus to Protect the public interest and carry forward the planning policies of the municipality, vest with City Council and not individuals. There is no compelling evidence that City Council has failed in this regard. The density height and built form they have approved is in the Board's findings in conformity with the policy directions set out in the Official Plan. Official Plans and Zoning By -laws are not static documents but are guides to direct orderly change. The Board accepts the position of the Applicant and the Municipality that to change the Official Plan designation on the subject property from Tourist Commercial to Residential is appropriate and good planning for this part of the City of Niagara Falls. The Appellants alleged in their submissions that the proposed development would not meet Region of Niagara guidelines. However, the uncontradicted affidavit PL081433 13 PL081434 evidence is that the Region of Niagara was notified of the project and offered no objections to it. The Board has carefully reviewed the affidavit of Mr. Darbyson and understands that he would be available to testify at any upcoming hearing in this matter. However, as the courts have said in Zellers Inc. et. al. v. Royal Cobourg Centres Limited et.al. Decisions to participate in this process and particularly to launch an appeal are serious and must be pursued diligently. The legislation and related jurisprudence make it clear that it is not sufficient that the appellants raise land use issue in the Notice of Appeal. Such issues have to be worthy of adjudication and the responsibility falls on the shoulders of the appellants to demonstrate through their conduct in pursuing the appeal, including their gathering of evidence to make their case, that the issues raised in their Notice of Appeal justify a hearing. There is nothing in the affidavit of Mr. Darbyson to support the assertions he makes with respect to the issues of conformity with the Official Plan. There are no references to sections or text of the Official Plan that he intends to rely upon, nor is there any assessment of the project or the zoning standards under appeal that he opines are not appropriate. This is in stark contrast to the affidavit evidence of Mr. Goldberg and the City Staff who have comprehensively reviewed the project within the planning policy regime of the municipality. Mr. Darbyson in his affidavit indicated that he will rely in part on the 1983 River Road Study Area Neighbourhood Plan. However, again he never explicitly outlines, in his affidavit, the applicability of the study. This study is over twenty-five years old and was never formally adopted as an Amendment to the City's Official Plan. The Board finds that this document should be given limited weight. Similarly, the Appellants in their material referenced the Community Improvement Plan (CIP) but make no reference nor provide any insight in their material as to its applicability in the support of their appeals. The mere mention of the CIP without some 14 PL081433 PL081434 specific reference to its importance is of little value in determining the authenticity of the appeals before the Board The Board finds that the Appellants in their appeal and motion materials have not met the onus of substantiating the authenticity of their appeal nor have they disclosed to this panel of the Board any apparent land use planning ground upon which the Board could conclude that another panel of the Board could allow the appeals in whole or in part. In reviewing the material and submission made, the Board is satisfied that nothing presented in this hearing was not before City Council when it arrived at its decision on the Official Plan and Zoning By -law and that there are no new issues that might require that the matters be referred back to City Council. The Board is fully aware and has had regard for the decision of City Council as set out in Section 2.1 of the Planning Act The Board, after considering all of the evidence filed and the submission made, finds for the reasons contained in this decision that the appeals filed by Mr. F. J. Prentice et. al. against Official Plan Amendment No. 86 and Zoning By -law Amendment No. 2008 -174 of the City of Niagara Falls do not, pursuant to Subsections 17 (24) and 34(25) of the Planning Act, disclose any apparent land use planning grounds upon which the Board could allow all or part of these appeals. The motion to dismiss the appeals of Mr. F. J. Prentice et. al. against Official Plan Amendment No. 86 and Zoning By -law Amendment No. 2008 -174 of the City of Niagara Falls brought by Niagara Falls Pointe Limited Partnership, is granted, and further; The Board Orders that the appeal is dismissed and Official Plan Amendment No. 86 to the Official Plan of the City of Niagara Falls is approved; and The Board Orders that the appeal against Zoning By -law Amendment No. 2008- 174 of the City of Niagara Falls is dismissed. This is the Order of the Board. 15 "J. P. Atcheson" J. P. ATCHESON MEMBER PL081433 PL081434 March 23, 2009 PD- 2009 -26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraJ7aIIs C A N A D A Re: PD- 2009 -26 SWC- 2009 -001, Sidewalk Cafe Licence Agreement Mide Bistro, 4337 Queen Street That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement with Joseph Hughes to permit the operation of a sidewalk cafe over a portion of the City sidewalk and two parking spaces in front of Mide Bistro, located at 4337 Queen Street. BACKGROUND: Joseph Hughes has filed an application to use the City property in front of Mide Bistro, located at 4337 Queen Street, to operate a sidewalk cafe, as shown on Schedule 1. The application has been reviewed by staff and is recommended for approval. The sidewalk cafe is proposed to be located over the existing sidewalk and over two of the four parking spaces in front of the restaurant. The two parking spaces will be occupied with wooden platforms which will be used as the pedestrian walkway around the cafe. The construction and installation of the platform is the responsibility of the applicant. The design of the platforms is to be in compliance with the City Guidelines that were included as part of Report PD- 2008 -65 which was approved by Council on July 7, 2008. The platforms can be in place from April 1 to October 31'. This is the first application that the City has received involving the use of wooden platforms on parking spaces. Staff will monitor the use of the platforms and report the results to Council following the end of the season. The removal of the two metered parking spaces will result in a potential loss in revenue of $1,752.00. It is City Policy that the applicant be responsible for this revenue loss. In addition, it will cost approximately $1,000.00 to relocate the parking meter machine. This cost is also the responsibility of the applicant. The applicant has expressed a concern that the payment for the potential revenue loss of the two parking spaces is excessive. t4310QueenStreet$P9'B9x1023 Niagara,Falls ON;iCanada'L2E6X5 905356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development March 23, 2009 2 PD- 2009 -26 The outdoor area proposed to be licensed is approximately 18.4 square metres (198 square feet). The licence fee for 2009 is $460.00. The term of the proposed licence is five years. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2 million. The above noted requirements will be included in the licence agreement between the applicant and the City. There are currently two approved cafe licences along Queen Street. Along with Mide Bistro, the City can expect to receive another three or four sidewalk cafe applications in the corning weeks. The transformation of Downtown is continuing with new shops and restaurants. With the addition of outdoor cafes along Queen Street, there is the expectation of the Downtown becoming a more vibrant people place. CONCLUSION: The sidewalk cafe licence for the Mide Bistro will provide people with an opportunity to eat and drink in a pleasant outdoor environment. It is recommended that the application for a cafe licence for Mide Bistro be approved. Recommended by: Approved by: B. Bolibruck Attach. S: \PDR\2009 \PD- 2009- 26 #2,S W C- 2009- 001.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, Execu ve Director of Community Services March 23, 2009 His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagar a ails Re: TS- 2009 -10 Transit Agreement with Niagara College RECOMMENDATION: That Niagara Falls Transit provide transportation to Niagara College students residing in Niagara Falls from May 1, 2009 through August 31, 2009 for the flat rate sum of $7,200 from the Niagara College Student Administrative Council. 2. That the Mayor and the Clerk be authorized to execute the necessary Agreements. BACKGROUND: Transit staff has been investigating an option to provide transportation utilizing existing municipal transit routes, to Niagara College students living in Niagara Falls from May through August, with no increase in operating costs. In return for allowing the students to board the regular transit City routes by showing their Student Photo I.D. cards, Niagara Falls Transit will receive a payment of $7,200 from the Niagara College Student Administrative Council. There are approximately 400 Niagara College students residing within our community, but the frequency of their Transit use over the summer months is currently unknown. This summer program would be a pilot project and would enable staff to gather usage data. If successful, the initiative may be broadened to include Brock University students as well. In an effort to promote transit services to younger customers within our community, staff recommends the agreement with Niagara College be approved. Recommended by: Approved by: D Stuart V:12009000NC1L2009 03 231T5- 2009 -10 Tr Karl Dren, rector of Transportation Services x:._ siE'Agreement with Niagara College.wpd Working Together to Serve Our Community i d E Duj c, Executive Director of Community Services TS- 2009 -10 t it iYA 4 10 Queen StreetP Boz 7 23 Niagara FbIlst ON Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca 3ommunity Services Department Transportation Services By -law No. 2009 A by -law to amend By -law Nos. 79 -200 and 2001 -134, to permit site works within EPA zoned lands for erosion control and slope stability subject to a permit from the Niagara Peninsula Conservation Authority. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2001 -134 is amended as follows: (a) by deleting section 2 and replacing it with the following: "No person shall use the land designated EPA and numbered 552 for any purpose, or permit any buildings or structures to be erected on the land or permit rubbish or other material to be placed or dumped on the land except for the purpose of providing services for the land described in section 1 above, nor shall the land be altered by placing or dumping or removing any soil, sand or gravel or regrading, except for those site works necessary for erosion protection and /or slope stability in accordance with a permit which has been issued by the Niagara Peninsula Conservation Authority." (b) by deleting clause 19.1.552 of section 6 and replacing it with the following: "19.1.552 Refer to By -law No. 2001 -134, as amended by By -law No. 2009- Passed this twenty -third day of March, 2009. DEAN IORFIDA, CITY CLERIC R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 23, 2009 March 23, 2009 March 23, 2009 S:IZONING -laws 1I3 yam004. wpd CITY OF NIAGARA FALLS A by -law to repeal By -law No. 2006 -126 which adopted Amendment No. 68 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2006 -126, being a by -law to adopt Amendment No. 68 to the City of Niagara Falls Official Plan, is repealed. Passed this twenty-third day of March, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading Second Reading Third Reading March 23, 2009 March 23, 2009 March 23, 2009 CITY OF NIAGARA FALLS By -law No. 2009- A by -law to establish Part 3 on Reference Plan 59R -13875 as a public highway, to be known as and to form part of Dorchester 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 Part Township Lot 141 Stamford being Part 3 on Reference Plan 59R -13875 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Township Lot 141 Stamford being Part 3 on Reference Plan 59R -13875 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this twenty -third day of March, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 23, 2009. March 23, 2009. March 23, 2009. 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 parties 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 "D1" and Schedule "D1" attached hereto shall be inserted in lieu thereof. Passed this twenty -third day of March, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 23, 2009. March 23, 2009. March 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 SCHEDULE "Dl" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Charles Coffman Nick Galotta Eli Hoffmann Leslie Rachel Kondreska Terry Loiselle Robert Plouffe A by -law to establish Part of Township Lot 217, Stamford, being Part 1 on Reference Plan 59R- 13927 as a public highway, to be known as and to form part of Kister 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 Part of Township Lot 217, Stamford, being Part 1 on Reference Plan 59R- 13927, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Township Lot 217, Stamford, being Part 1 on Reference Plan 59R- 13927, that is hereby established as a public highway, be known as and form part of Kister Road. Passed this twenty -third day of March, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 23, 2009. March 23, 2009. March 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to require owners of residential dwelling units, hotels, and boarding, lodging or rooming houses to install and maintain carbon monoxide warning equipment in buildings. WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality has the authority to enact by -laws for the safety of persons and the protection of persons and property; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality has the capacity, rights and powers and privileges of a natural person for the purpose of exercising its authority and that it may do so by by -law; AND WHEREAS it is the opinion of the Council for The Corporation of the City of Niagara Falls that the health and safety of persons and property within Niagara Falls would be enhanced by the mandatory installation of carbon monoxide alarms; AND WHEREAS section 425 of the Municipal Act, establishes that any person who contravenes any by -law of the municipality is guilty of an offence; AND WHEREAS section 446(3) of the Municipal Act provides that the municipality may recover the costs of doing a matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: THE DEFINITIONS 1. Definitions: 1.1 The definitions in the Building Code Act or the Building Code are applicable to this by -law. 1.2 Any definition of any word or phrase that appears in this by -law that is identical to any word or phase as defined in the Building Code Act or the Building Code, appears in this by -law for purposes of convenience only and should not be construed in any way to be a different definition of such word or phrase. 1.3 The following terms shall mean the following in this by -law: (a) `Boarding, lodging or rooming house" means a building: (i) that has a building height not exceeding three storeys and a building area not exceeding 600 square metres; (g) -2- (ii) in which lodging is provided for more than four persons in return for remuneration or for the provision of services or for both; and (iii) in which the lodging rooms do not have both bathrooms and kitchen facilities for the exclusive use of individual occupants. (b) "City" means The Corporation of the City of Niagara Falls. (c) "carbon monoxide alarm" means a combined carbon monoxide detector and audible alarm device that shall: (i) be permanently connected to an electrical circuit and shall have no disconnect switch between the overcurrent device and the carbon monoxide alarm; (ii) be wired so that its activation will activate all carbon monoxide alarms within the suite, where located within a suite of residential occupancy; (iii) be equipped with an alarm that is audible within bedrooms when the intervening doors are closed, where located in a suite of residential occupancy; and (iv) conform to. (i) CAN /CSA -6.19, "Residential Carbon Monoxide Alarming Devices or (ii) UL 2034, "Single and Multiple Station Carbon Monoxide Alarms or any standard amending these standards enacted in their place. (d) "dwelling unit" means a suite operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities. (e) "Fire Prevention Officer" means a member of the Fire Prevention Bureau of the Niagara Falls Fire Services and includes the Fire Chief and any member of the Niagara Falls Fire Services designated by the Fire Chief as an assistant to the Fire Marshall. (f) "fuel burning appliance" means a device that burns solid, liquid or gaseous fuel or a combination thereof. "hotel" means floor areas, a floor area or part of a floor area that contains four or more suites and that provides sleeping accommodation for the travelling public or for recreational purposes. (h) (i -3- "owner" means any person, firm or corporation having control over any portion of the building or property under consideration and includes the persons inside the building or property and the "owner" of a dwelling includes, without limitation, any person for the time being managing or receiving the rent of the dwelling, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if the dwelling were let. Without limitation, the term includes a lessee or occupant who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for its maintenance and occupancy. "suite for the purposes of this by -law and notwithstanding section 1.1 hereof, is defined as a single room or series of rooms of complementary use, operated under a single tenancy, and includes: (i) dwelling units; and (ii) individual guest rooms in motels, hotels, boarding houses, rooming houses and dormitories. THE REGULATIONS 2. Installation of Carbon Monoxide Alarms: 2.1 All carbon monoxide alarms shall be installed in accordance with the manufacturer's installation instructions. 2.2 All carbon monoxide alarms shall be located so that accidental operation will not be caused by jarring or vibration. 2.3 All carbon monoxide alarms shall be tested in accordance with the manufacturer's instructions to ensure operation after installation. 2.4 All carbon monoxide alarms shall be restored to their normal mode of operation after each alarm or test. 2.5 In the case of rental properties the landlord shall provide a copy of the carbon monoxide alarm manufacturer's maintenance instructions to the tenant of each rental dwelling unit. 2.6 In addition to subsection 2.1 above, the owner shall ensure that carbon monoxide alarms are installed in compliance with the following: (1) Where a fuel burning appliance is installed in a suite of residential occupancy, a carbon monoxide alarm shall be installed adjacent to each sleeping area in the suite. (2) Where a fuel burning appliance is installed in a service room that is not in a suite of residential occupancy, a carbon monoxide alarm shall be installed: (3) Where a storage garage is located in a building containing a residential occupancy, a carbon monoxide alarm shall be installed adjacent to each sleeping area in every suite of residential occupancy that is adjacent to the storage garage. 2.7 All alarm sound appliances shall have a minimum rating of 85 dBA at three metres. When alarm notification appliances for the hearing impaired are provided, each initiating device shall cause the operation of a visible alarm signal or the operation of a listed tactile notification appliance. 2.8 Carbon monoxide alarms shall be maintained in operating condition by the owner. THE DUTY OF THE OWNER 3. Duty of Owner: 3.1 It shall be the duty of every owner to comply with the regulations set out in section 2 of this by -law. 3.2 It shall be an offence for the owner of any property to fail to comply with the requirements of the regulations set forth in section 2 of this by -law. ENFORCEMENT 4. Enforcement: (b) in the service room. 4.1 The Fire Chief, all Fire Prevention Officers and all assistants to the Fire Marshall designated by the Fire Chief are appointed for the purpose of administering and enforcing this by -law. THE OFFENCES AND PENALTIES 5. Offences and Penalties: -4- (a) adjacent to each sleeping area in every suite of residential occupancy that is adjacent to the service room; and 5.1 No person shall hinder, obstruct or interfere with a person duly appointed to enforce this by- law in the exercise of his or her powers and duties. 5.2 Any person who contravenes any provision of this by -law is guilty of an offence and upon conviction is liable to a fine of up to Five Thousand Dollars ($5,000.00). 5.3 In the event that an owner does not comply with the regulations set out in section 2 of this by -law, a Fire Prevention Officer may install the required carbon monoxide alarms or arrange GENERAL 6. General: 6.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. 6.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. 6.3 This by -law may be cited as "The Carbon Monoxide Alarm By- law 6.4 This by -law shall come into force and effect on the day it is passed. REPEAL 7. Repeal: 7.1 By -law No. 2008 -205 is hereby repealed. Passed this twenty -third day of March, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: -5- for installation of same by a person, firm or corporation qualified to do so, and the cost of such installation shall be added to the owner's tax roll entry for the building or property under consideration, to be collected in the same manner as municipal taxes. March 23, 2009. March 23, 2009. March 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to authorize the payment of $16,350,361.64 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning February 5, 2009 to March 4, 2009. Passed this twenty -third day of March 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 23,2009 March 23, 2009 March 23, 2009 The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) CItY OFD CANADA JAf4RA lAllf THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2009 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited) by deleting from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road West A point 143 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 52 metres south of Forestview Boulevard /Rideau Street Kalar Road West A point 108 metres north of Coventry Road At All Times and a point 87 metres south of Coventry Road Kalar Road West McLeod Road and a point 54 metres At All Times south of McLeod Road Kalar Road East A point 57 metres north of Forestview Boulevard/ At All Times Rideau Street and Forestview Boulevard /Rideau Street Kalar Road East A point 130 metres south of Coventry Road At All Times and a point 103 metres north of Coventry Road _2_ COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road East A point 70 metres north of McLeod Road At All Times and a point 54 metres south of McLeod Road McLeod Road Both A point 69 metres west of Kalar Road At All Times and a point 56 metres east of Kalar Road (2) by deleting from the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road West A paint 15 metres south of Westwood Street At All Times and a paint 5 metres north of Westwood Street Kalar Road West A point 222 metres south of Westwood Street At All Times and a point 190 metres south of Westwood Street Kalar Road West 27m south of Coventry Road to a point At any time 42m south of Coventry Road Kalar Road East A point 26 metres south of McGarry Drive At All Times and a point 51 metres south of McGarry Drive Kalar Road East Coventry Road and a point 48 metres At All Times north of Coventry Road Kalar Road East A point 168 metres north of Coventry Road At All Times and a point 188 metres north of Coventry Road Kalar Road East A point 351 metres north of Coventry Road At All Times and a point 371 metres north of Coventry Road Kalar Road East Rideau Street and a point 49 metres At All Times south of Rideau Street McLeod Road South A point 56 metres east of Kalar Road At All Times and a point 80 metres east of Kalar Road McLeod Road North A point 200 metres east of Kalar Road At All Times and a point 220 metres east of Kalar Road McLeod Road North Parkside Road and a point 40 metres At All Times east of Parkside Road (3) -3- by deleting from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road West A point 52 metres south of Forestview Boulevard/ At All Times Rideau Street and a point 5 metres north of Westwood Street Kalar Road West A point 15 metres south of Westwood Street At All Times and a point 190 metres south of Westwood Street Kalar Road West A point 108 metres north of Coventry Road At All Times and a point 222 metres south of Westwood Street Kalar Road East A point 70 metres north of McLeod Road At All Times and a point 51 metres south of McGarry Drive Kalar Road East A point 26 metres south of McGarry Drive At All Times and a point 130 metres south of Coventry Road Kalar Road East A point 103 metres north of Coventry Road At All Times and a point 48 metres north of Coventry Road Kalar Road East Coventry Road and a point 130 metres south At All Times of Coventry Road Kalar Road East A point 188 metres north of Coventry Road At All Times and a point 351 metres north of Coventry Road Kalar Road East A point 371 metres north of Coventry Road At All Times and a point 49 metres south of Rideau Street Kalar Road East A point 57 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 140 metres north of Forestview Boulevard /Rideau Street McLeod Road South A point 80 metres east of Kalar Road At All Times and a point 250 metres east of Kalar Road McLeod Road South A point 69 metres west of Kalar Road At All Times and Parkside Road McLeod Road North A point 220 metres east of Kalar Road At All Times and a point 250 metres east of Kalar Road McLeod Road North A point 56 metres east of Kalar Road At All Times and a point 200 metres east of Kalar Road McLeod Road North A point 69 metres west of Kalar Road At All Times and a point 40 metres west of Parkside Road -4- (4) by adding to the specified columns of Schedule A thereto the following items: COLUMN 1 COLUMN 2 HIGHWAY SIDE Kalar Road West Kalar Road West Kalar Road West Kalar Road West Kalar Road East Kalar Road East Kalar Road East Kalar Road East McLeod Road North McLeod Road South Oxford Street South Oxford Street North STOPPING PROHIBITED COLUMN 3 COLUMN 4 BETWEEN TIMES OR DAYS A point 143 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 30 metres south of Forestview Boulevard /Rideau Street A point 108 metres north of Coventry Road At All Times and a point 8 metres south of Coventry Road A point 39 metres south of Coventry Road At All Times and a point 87 metres south of Coventry Road McLeod Road and a point 54 metres At All Times south of McLeod Road A point 57 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 49 metres south of Forestview Boulevard /Rideau Street A point 130 metres south of Coventry Road and a point 41 metres south of Coventry Road A point 19 metres south of Coventry Road and a point 108 metres north of Coventry Road A point 50 metres north of McLeod Road and a point 54 metres south of McLeod Road A point 69 metres west of Kalar Road and a point 116 metres east of Kalar Road A point 69 metres west of Kalar Road and a point 35 metres east of Kalar Road Dorchester Road and a point 22 metres west of Dorchester Road Dorchester Road and Varsity Avenue At All Times At All Times At All Times At All Times At All Times At All Times 8:00 a.m. and 4:30 p.m. Monday to Friday Excluding Holidays (5) -5- by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kolar Road East A point 50 metres north of McLeod Road and At All Times a point 70 metres north of McLeod Road Kolar Road East McGarry Drive and a point 28 metres At All Times south of McGarry Drive Kolar Road East A point 19 metres south of Coventry Road and At All Times a point 41 metres south of Coventry Road Kolar Road East A point 170 metres north of Coventry Road and At All Times a point 187 metres north of Coventry Road Kolar Road East A point 354 metres north of Coventry Road and At All Times a point 387 metres north of Coventry Road Kolar Road West A point 30 metres south of Forestview Boulevard/ At All Times Rideau Street and a point 50 metres south of Forestview Boulevard /Rideau Street Kolar Road West Westwood Street and a point 13 metres At All Times south of Westwood Street Kolar Road West A point 126 metres south of Westwood Street and At All Times a point 146 metres south of Westwood Street Kolar Road West A point 178 metres north of Coventry Road and At All Times a point 200 metres north of Coventry Road Kolar Road West A point 8 metres south of Coventry Road and At All Times a point 39 metres south of Coventry Road McLeod Road North A point 116 metres east of Kolar Road and At All Times a point 136 metres east of Kolar Road McLeod Road South A point 35 metres east of Kolar Road and At All Times a point 60 metres east of Kolar Road McLeod Road North A point 69 metres west of Kolar Road and At All Times a point 86 metres west of Kolar Road (6) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kolar Road East A point 70 metres north of McLeod Road At All Times and a point 28 metres south of McGarry Drive Kalar Road East McGarry Drive and a point 130 metres At All Times south of Coventry Road -6- COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kolar Road East A point 108 metres north of Coventry Road At All Times and a point 170 metres north of Coventry Road Kalar Road East A point 187 metres north of Coventry Road At All Times and a point 354 metres north of Coventry Road Kalar Road East A point 387 metres north of Coventry Road At All Times and a point 49 metres south of Forestview Boulevard/ Rideau Street Kalar Road East A point 57 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 140 metres north of Forestview Boulevard /Rideau Street Kalar Road West A point 50 metres south of Forestview Boulevard/ At All Times Rideau Street and Westwood Street Kalar Road West A point 13 metres south of Westwood Street At All Times and a point 126 metres south of Westwood Street Kalar Road West A point 146 metres south of Westwood Street At All Times and a point 200 metres north of Coventry Road Kalar Road West A point 178 metres north of Coventry Road and At All Times and a point 108 metres north of Coventry Road McLeod Road North A point 136 metres east of Kalar Road and At All Times a point 250 metres east of Kalar Road McLeod Road North A point 86 metres west of Kalar Road At All Times and Parkside Road McLeod Road South A point 60 metres east of Kalar Road At All Times and a point 250 metres east of Kalar Road McLeod Road South A point 69 metres west of Kolar Road At All Times and Parkside Road This By -law shall come into force when the appropriate signs are installed or removed. Passed this twenty -third day of March, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: March 23, 2009 Second Reading: March 23, 2009 Third Reading: March 23, 2009 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to authorize the execution of an Agreement with the Courchesne Family respecting the Adopt -A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated March 23, 2009 and made between the Courchesne Family as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along Weaver Road from Sodom Road to Ort Road, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty third day of March, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 23, 2009 March 23, 2009 March 23, 2009 Passed this twenty -third day of March, 2009. First Reading: March 23, 2009. Second Reading: March 23, 2009. Third Reading: March 23, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. WHEREAS s. 392 of the Municipal Act 2001 requires municipalities and local boards to maintain and make available to the public a list indicating which services and activities will be subject to fees and charges and the amount of each fee or charge; and WHEREAS a copy of this by -law, in the form of a booklet, will be available at City Hall for public consumption. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the fees and charges for various services licences and publications for the City of Niagara Falls are hereby imposed as set out in Schedule A, attached to this by -law. 2. That By -laws 2006 -224 and 2007 -177 are hereby repealed. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR 'a 11 d Ya t.`. 's'.M� is d 'ail'; ces March 2009 Corporate Services Department Clerks 1 Finance 4 Legal Services 6 Community Services Department Planning Development Services Building By -law Services City Development Charges Municipal Works Fire Services Parks, Recreation Culture Notes Table of Contents 7 10 14 15 16 Arenas 18 Public Skating 19 Pools 19 Special Events 19 Athletic Field Lighting 19 Artificial Field Turf 19 Coronation 50 Plus Recreation Centre 19 Playing Fields 20 Cemetery Services 21 Columbarium 26 Transportation Services 28 32 Amusement Place, Etc. Auctioneers Bake Shops Barber Shops, Hair Dressing and Esthetician Establishments Bill and Sign Positing and Installation Billiard, Bagatelle and Pool Establishments Plus rate per table Bowling Alleys per lane Butchers Camping Establishments Commercial Parking Lots Dealers in Old Gold or Other Precious Metals Driving Schools Driving Instructors Exhibitions, Etc. Flea Markets for first 3 consecutive days Plus additional rate per day Food Premises Laundrymen, Laundry Companies, Dry Cleaners, Etc. Motels per room Plus rate per room Pawn Brokers Pedlars (1) Resident (2) Non Resident Corporate Services Department 45.00 N/A 65.00 N/A 30.00 N/A 30.00 N/A 100.00 N/A 70.00 N/A 20.00 N/A 20.00 N/A December 31 30.00 N/A December 31 110.00 N/A April30 100.00 N/A December 31 110.00 N/A December 31 60.00 N/A December 31 25.00 N/A December 31 45.00 N/A April 30 650.00 N/A December 31 100.00 N/A to a maximum of $1,150 in one calendar year 30.00 N/A December 31 30.00 N/A December 31 40.00 N/A April 30 5.00 N/A April 30 110.00 N/A December 31 110.00 N/A December3l 650.00 N/A December 31 Niaga April 30 December 31 December 31 December 31 December 31 December 31 December 31 Photographers (1) Resident (2) Non Resident Public Garages, Automobile, Service Stations (1) Garages (2) Auto Service Stations Public Halls (1) Grade I Capacity 1,000+ (2) Grade II Capacity 600 -999 (3) Grade III Capacity 300 -599 (4) Grade IV Capacity 299 -under Refreshment Vehicles (1) Motorized (2) Non Motorized Restaurants Corporate Services Department 65.00 140.00 30.00 30.00 N/A N/A N/A N/A 45.00 NIA 40.00 N/A 35.00 N/A 30.00 N/A 185.00 N/A 100.00 N/A 40.00 N/A Nl agana fryj7 December 31 December 31 December 31 April 30 April 30 Specific Location Daily Sales (1) Resident 150.00 N/A to a maximum of $1,000 in one (2) Non Resident for the first day 500.00 N/A calendar year Plus additional rate per day 100.00 N/A (3) Charitable Groups for first 3 days 325,00 N/A to a maximum of $575 in one Plus additional rate per day 50.00 N/A calendar year Tattoo and Body Piercing Parlours 100.00 N/A December 31 Theatres 110.00 N/A December 31 Therapeutic Massage 75.00 N/A December 31 Massagist (R.M.T.) 25.00 N/A December 31 Tourist Homes, Bed Breakfasts 65.00 N/A April 30 Second Level Lodging 200.00 N/A December 31 Group Homes 25.00 N/A December 31 Marriage Licence (payable at the time of application) Division Registrars' Travel Statement (payable at the time of application) Master Plumber Journeyman Plumber Owner of a Body -Rub Parlour Operator of a Body -Rub Parlour Body- Rubber at a Body -Rub Parlour Owner of an Adult Entertainment Parlour Operator of an Adult Entertainment Parlour Entertainer at an Adult Entertainment Parlour Owner of an Adult Store Seasonal Business Services Licence Monthly Business Services Licence Administrative Fee* Corporate Services Department 100.00 25.00 40.00 15.00 2,500.00 400.00 250.00 2,500.00 750.00 125.00 200.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1,200.00 300.00 N/A NiaarargiM December 31 December 31 valid from Victoria Day weekend until Canadian Thanksgiving 300.00 N/A valid for four (4) consecutive weeks This processing fee is due and payable at the time the application for a licence is made, and it is not refundable, notwithstanding that the application for a licence may be withdrawn or refused for any reason. Should the licence be issued, the adm fee will be deducted from the seasonal or monthly fee. Corporate Services Department Service Charge" Water (See table below) Service Charge* Sewer (See table below) Service Charges are based on the meter service size. Consumption Charge Water per cubic meter Consumption Charge Sewer per cubic meter Meter Size 15 mm (0.58) 18 mm (0.75) 25 mm (1.00) 37 mm (1.50) 50 mm (2.00) 75 mm (3.00) 100 mm (4.00) 150 mm (6.00) 200 mm (8.00) 250 mm (10.00) -4- Water 21.49 21.49 21.49 64.47 128.97 257.88 472.78 902.58 1,611.75 2,256.45 o Nagarafi4q 0.6493 0.8760 Sewer 20.41 20.41 20.41 61.23 122.48 244.91 449.00 857.18 1,530.68 2,142.95 Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 5 Please Note: All water accounts are being billed and collected by Niagara Peninsula Energy Inc. Please remit payments to Niagara Peninsula Energy Inc. Installation of Water Service /Meters 3/4" Residential Service All Other Services New Meter Installation for Existing Services Shutting Off or Turning On Water Supply During Normal Working Hours After Normal Working Hours Note: For the purpose of this By -law, normal working hours shall mean Monday to Friday (exclusive of holidays) between 8 am and 4 pm Tax Certificate per Property Tax Information per Property Registration Fees Costs plus Mortgage Letter Farm Debt Letter Final Letter Interest Penalty on Tax Arrears Extension Agreements Personal Tax Information Copy Current Year One Year Two Years and Prior Mortgage Company Administration Fee Dog Licence January 1 to February 28 March 1 to December 31 Neutered Hunting Licence Resident Non Resident Returned Cheque Fee per Account Corporate Services Department -5- 1,500.00 Actual Cost Actual Cost 50.00 150.00 50.00 40.00 Ntagaraj i N/A 1,500.00 N/A Actual Cost N/A Actual Cost N/A 50.00 N/A 150.00 N/A 50.00 N/A 40.00 25.00 N/A 25.00 25.00 N/A 25.00 25.00 N/A 25.00 1.25% 1.25% 300.00 N/A 300.00 no charge 1.00 15,00 10.00 20.00 25.00 15.00 3.30 4.50 35.00 N/A N/A N/A .17 .23 no charge NIA 1.00 N/A 15.00 N/A 10.00 N/A 20.00 25.00 15.00 3.47 4.73 35.00 Corporate Services Department Niagarafd s Preparation of Subdivision Agreement Preparation of Development Agreement Preparation of Condominium Agreement Preparation of Site Ran Agreement Preparation of Section 37 Agreement Preparation of Conservation Easement Agreement Preparation of Encroachment Agreement Preparation of Easement Agreement Preparation of Lease Licence Agreement with the City Preparation of Release of Easement Preparation of Registration Documentation for Part Lot Control By -law Preparation of Discharge of Property Standards Order Preparation of All Other Agreements Property Inquiry Fee Subject to Applicable Disbursements 3,500.00 N/A 3,500.00 3,500.00 N/A 3,500.00 3,500.00 N/A 3,500.00 1,500.00 N/A 1,500.00 1,000.00 N/A 1,000.00 750.00 N/A 750.00 500.00 N/A 500.00 500.00 N/A 500.00 500.00 25.00 525.00 150.00 N/A 150.00 200.00 N/A 200.00 75.00 N/A 75.00 1,500.00 75.00 1,575.00 500.00 N/A 500.00 Official Plan Amendment Application High Rise Hotels Complex Standard Re- Notification High Rise Hotels All Other Lands High Rise Hotels All Other Lands Amendment to Site Plan Agreement Site Plan Compliance Letter Community Services Department 3,050.00 3,625.00 3,050.00 1,400.00 600.00 4,050.00 3,375.00 1,500.00 1,000.00 675,00 95.00 N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A Notes: Additional fees from the Legal Department are required for applications requiring agreements and registration of some by -laws. Nitigara, ails 3,050.00 3,625.00 3,050.00 1,400.00 600.00 4,050.00 3,375.00 1,500.00 1,000.00 675.00 95.00 •Planning Development Residential Plan Modifications to Draft Plan Approval Extension to Draft Plan Approval Vacant Land Conversion Standard Separation of Semi-detached On-street Townhouse Units Property Relotting Consent Application Rescheduling Renotifination Change of Conditions Minor Variance Renotification Environmental Information Letter Zoning Confirmation Letter Variance to Sign By-law Sidewalk Cafa Application Community Services Department -8- 3,375.00 1,000.00 625.00 2,500.00 1,187.50 937.50 375.00 850.00 850.00 200.00 200.00 525.00 125.00 60.00 60.00 525.00 500.00 N/A N/A N/A giklag aitynz-ve.3.4avtir itc.ftnit4 '.:Ifir-t5N-44?14P.95::44.44.1144.9;..„ Kg; 4.y4,-;:tya -.1141603 N/A N/A N/A atrilA•ncyt,n,Nyra 'I, n 49VP. ter,a5t47.41;e2-il y,eat4n.,6":41":4--A.c.tt"a;fr;.,- ,?;:dile.414.4 Fr.-• Fa: bee N/A N/A paan \4;vb.P.-1- ar„%mtv-s fir r 4 tairt--elWrit:244atittaltkv- cz-4 7 441..ty lawaWN:%714:3.-, -24444:K.V%-"Vtre444 N/A N/A N/A N/A N/A N/A N/A N/A N/A Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. Niagaray 3,375.00 1,000.00 625.00 2,500.00 1,187.50 937.50 375.00 850.00 850.00 200.00 200.00 525.00 125.00 60.00 60.00 -fir.V.Pda Aranf ,leex pi a.4 4 ,37 4,14 A-M INFEVVISWad,11"04-7:,.:■kt z -14 525.00 500.00 Official Plan Zoning By -law 79 -200 (as amended) Community Improvement Plans Brownfield C.I.P. Brownfield Strategy Pilot Project Area Financial Incentives Main Ferry SWOT Analysis Report Historic Drummondville CIP Land Use Plan Conceptual Urban Design Guidelines Urban Woodlot Study Accommodations Attractions Inventory Garner Neighbourhood Secondary Plan Tourism Policy Review Tourist Area Development Strategy Tourist Area Development Application Guide Sign By -law Review Study Streetscape Master Plan Reverse Lot Frontages Interim Guidelines (1989) Site Plan Policy Standards (copy included with application) Sidewalk Cafe Smart Growth in Niagara High -rise Hotel Development Inventory Heritage Walking Tours Copies of Out -of -Print Materials Photocopying 4 pages or more Black White Community Services Department Date Base Information (Population /Spreadsheet Reports /Statistical Data) 22.12 13.28 13.28 13.28 4.43 13.28 13.28 8.85 8.85 8.85 4.43 No charge No charge 35.40 Niagaraf?al /s 39.82 1.99 3.19 45.00 39.82 1.99 3.19 45.00 8.85 .44 .71 10.00 4.43 .22 .35 5.00 4.43 .22 .35 5.00 No Charge 4.43 .22 .35 5.00 8.85 .44 .71 10.00 4.43 .22 .35 5.00 443 .22 .35 5.00 26.55 1.33 2.12 30.00 To be negotiated 1.11 1.77 25,00 .66 1.06 15.00 .66 1.06 15.00 .66 1.06 15.00 .22 .35 5.00 .66 1.06 15.00 .66 1.06 15.00 .44 .71 10.00 .44 .71 10.00 .44 .71 10.00 .22 .35 5.00 1.77 24 2.83 .01 40.00 .25 Casino Single family dwelling, semi detached dwelling, duplex dwelling Townhouse Add for finished basement, in any of the above Apartment Building Hotel Motel Bed Breakfast Community Services Department Building By -law The permit fee for the construction of a building, structure or addition, listed by classification of major occupancy, is calculated on the basis of the Gross Floor Area of the building or addition, as applicable, multiplied by the corresponding figure shown below for each class of permit. School, Church, Rest urant (over 30 seats), Library, Theatre, Educational or Recreational Facility and Occupancies of a similar nature. Hospital, Nursing Home, Reformatory, Prison, and Occupancies of a similar nature. Office or Medical Building, Financial Institutional and Occupancies of a similar nature. Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and Occupancies of a similar nature. Add for Offices or Apartments over the above. Supermarket, Department Store and Occupancies of a similar nature. Add for basement to any of the above mercantile uses. 1.446 2.340 1.446 0.941 0.894 0.257 0.875 1.446 1.446 1.176 0.675 1.022 0.405 Niagarar?gll 15.57 25.25 15.57 10.13 9.62 2.96 9.42 15.57 15.57 12.67 7.26 10.99 4.37 Community Services Department Factory, Plant, Warehouse, Industrial Building, and Occupancies of a similar nature. Offices in Industrial Building Service Station, Car Wash Air supported Structure, Tent (See note 5 in By -law) Under 250 sq. m. Flat Fee 250 sq. m or greater Parking Garage Accessory Storage Building, Farm Building, Greenhouse Conversion of Interior of an Existing Building to a Casino Change of Use Less than 4,300 sq.ft. (400 sq.m.) Flat Fee 4,300 sq.ft. (400 sq.m.), or more Minimum fee $150.00 Foundation only of full permit fee Structural Shell Foundation only- of full permit fee Architectural Shell Foundation only of full permit fee (see note 7 in By -law) 0.572 1.077 0.982 150.00 0.114 0.411 0.289 1.172 150.00 0.367 10% 50% 67% Demolition of a Building or Structure min. $150.00 0.023 Public Pool Flat Fee 375.00 Private Pool above ground Flat Fee 80.00 inground Value Method as below matarafio 6.17 11.60 10.57 1.23 4.43 3.11 12.63 3.78 0.24 Miscellaneous Residential Addition to Existing Dwelling (includes attached garage) Detached Garage Accessory Building, Detached Solarium Finishing Basement Carport, Open Porch, Deck Flat Fee Mobile Home (CSA certified) Flat Fee Foundation Extra Mobile Home Foundation Mobile Horne (Uncertified) including foundation Signs for up to 25 sq.ft. plus $1.75 for each additional sq. ft. Installa ion of Plumbing for all plumbing, up to seven fixtures in each unit, plus $4.00 for each additional fixture Rain Water Leaders, Manhole, Catchbasin, Area Drain (each) Building Drain, Building Sewer, Building Storm Drain, Building Storm Sewer, Storm Drainage Piping, 75.00 Private Drain, Private Storm Drain, Water Service Pipe (2" diameter or less) for initial 150 feet (45 m) of pipe or portion thereof, plus for each 50 feet (15 m) of additional pipe 15.00 15.00 100.00 100.00 Connection to Municipal Sewer Flat Fee Water Service Pipe or Private Main (over 2" diameter) Transfer of Permit to New Owner 10% of original fee Minimum Fee Extension of Revocation Date of Permit Flat Fee Conditional Permit Agreement (See below) Not Registered Minimum Fee Registered on Title Minimum Fee Community Services Department -12- 75.00 4.00 Value Method, as below 150.00 85.00 150.00 0.941 0.303 0.268 0.275 150.00 150.00 0.151 0.527 70.00 Nia aYa gllis 10.13 3.26 2.88 2.96 1.63 5.67 75.00 4.00 75.00 150.00 85.00 150.00 250.00 250.00 Community Services Department Non routine Inspection Fee During Regular Hours Flat Fee After Regular Hours Flat Fee Partial Occupancy Inspection Fee Per Hour Compliance Letter to Lawyers, etc. per property Liquor Licence Letter per property Zoning Confirmation per property Weekend Inspection per inspection Minimum Fee up to 4 hours $100.00 per hour after 4 hours **The fee for a Conditional Permit Agreement (CPA) is 20% of the full permit fee. Min. $150.00. In the event that the CPA is complied in full by the due date, then 50% of the CPA fee will be refunded. The fees above, calculated on a sq. ft. /sq. m. basis, include new floor area either in a new building or an addition to an existing building. For categories of construction not listed above, the permit fee shall be $150.00 for the initial $5,000.00 of valuated cost, or portion thereof, plus $10.00 for each additional $1,000.00 of valuated cost, or portion thereof. Fees are payable at time of application. (Includes inground swimming pools) Minimum Permit Fee $150.00 for all classes of permits not noted above. Other applicable fees may be payable for servicing, deposits, development charges, park dedications, etc. The fee for fast tracking a permit (when available) is 1.5 times the applicable rate listed above. Notwithstanding, where construction or installation has occurred prior to the issuance of a permit, then the permit fee shall be double the amount listed above. NOTE: This Summary is intended for reference purposes only. For complete information, refer to By -law 2007 -33 and the various amendments thereto and other applicable by -laws. Photocopies Non sufficient Funds Monthly Building Report Damage Deposit Security Deposit Lot Grading Deposit 1982 Policy Pool and Accessory Buildings 1989 Policy 1989 Policy (Infill Lot) Litter By -law Administration Fee Preparation of Discharge of Property Standards Order Administration Fee, includes Legal Disbursements Weed Control Administration Fee Variance to Sign By -law Administration Fee Variances and Appeals to By -laws (General) Sign Removal Administration Fee By -law Booklets 13 250.00 200.00 .24 .01 25 35.00 N/A 35.00 150.00 7.50 157.50 750.00 N/A 750.00 1,500.00 N/A 1,500.00 300.00 N/A 300.00 1,000.00 N/A 1,000.00 N/A N/A Ni ail araf?g7�is 65.00 N/A 65.00 100.00 N/A 100.00 65.00 N/A 65.00 75.00 N/A 75.00 75.00 N/A 75.00 6.50 N/A 6.50 250.00 N/A 250.00 N/A 250.00 N/A 200.00 250.00 N/A N/A 250.00 250.00 N/A N/A 250.00 250.00 N/A N/A 250.00 50.00 N/A N/A 50.00 5.00 .25 .40 5.65 City Development Charges 2008 -2009 Development charges against land to be developed for residential use shall be based upon the following designated services within the corresponding area provided by the City, and in proportions applicable to each service: Designated Services Government Fire Protection Roadways Sidewalks Transit Parks Rec. Library Sewage, Waterworks, Drainage Total Subject to the provisions of this part and this By -law 2004 -138, development charges against land to be developed for residential use shall be calculated and collected at the following base rates: Development Type Single and Semi Detached Dwelling Townhouse Dwelling Apartment -1 Bedroom Bachelor Apartment -2+ Bedrooms Community Services Department 3.2% 7.3% 33.3% 5.0% 37.2% 14.0% 0.0% 100.0% Urban Area Urban Area Non -Urban Area $8,870.00 $5,703.00 $3,354.00 $4,656.00 0.0% 0.0% 11.5% 0.0% 0.0% 0.0% 88.5% 100.0% Non -Urban Area $4,839.00 $1,939.00 $2,540.00 3.2% 7.3% 33.3% 5,0% 37.2% 14.0% 0.0% 100.0% Niasitra, illls Monday to Friday (Exclusive of Holidays) between 8:00 a.m. to 3:15 p.m. Monday to Friday (Exclusive of Holidays) between 3:15 p.m. and 4:00 p.m. Saturday, Sunday, or Holiday (anytime) or any other day before 8:00 a.m. or after 4:00 p.m. "No Action" or False Alarm Tracing of a Private Service Video Inspection of a Private Service Note: Payment can be made by cash, cheque, or credit card in advance of doing any work. Full Size Prints Photocopies (per page) Letters of Compliance Tender Documents Engineering Manuals and Reports Storm Drainage Report 2 Volumes with Map Watermains Book of Street Maps Sanitary Storm Sewermains Book of Streetmaps Horizontal Vertical Control Book (free update for 3 years) Prints /Plots (1 m or less) (per 0.5 m after) Application Security deposit required upon approval of application Application Curb Cut per linear foot (minimum cut fee $65.00) Sidewalk Repair per sq. foot Curb Repair per linear foot (minimum repair fee $75.00) Single Detached Dwelling Semi Detached Dwelling within Urban Area Single Detached Dwelling Semi Detached Dwelling within Non -Urban Area Townhouse Dwelling Address Change Request Community Services Department Application: 1 Year 2n Year (plus security deposit 10% estimated value of work up to $250 maximum) 4.43 .24 13.28 22.12 22.12 61.94 10.62 10.62 44.25 4.43 .89 60.00 108.00 203.00 27.00 150.00 150.00 50.00 50.00 23.00 8.50 38.00 3,903.00 4,839.00 3,193.00 314.29 .22 .01 .66 1.11 1.11 3.10 .53 .53 2.21 .22 .04 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 15.71 Is NixgarafLe 60.00 108.00 203.00 27.00 150.00 150.00 .35 5.00 N/A .25 1.06 15.00 1.77 25.00 1.77 25.00 4.96 70.00 .85 12.00 .85 12.00 3.54 50.00 .35 5.00 .07 1.00 50.00 50.00 23.00 8.50 38.00 3,903.00 4,839.00 3,193.00 330.00 N/C 50.00 Home Day Care, Respite Homes Nursery Schools Boarding Room Lodging Bed Breakfast Residential (1-4 Units) First Unit Each Additional Unit Mufti-Units Apartments: 1 -4 Units Over 4 Units, rate per unit Hotels /Motels: 1 -10 Units Over 10 Units, rate per unit Commercial Industrial, 1,000 sq. m. For each additional 1,000 sq. m. Nursing Homes General File Search Reproduce Existing Documents Security Key Boxes Fire Route Signs Production of Fire Safety Plans Fire Safety Plan Review and Approval per submission Letters Produce Incident Reports to Insurance LLBO Letters of Compliance Special Events (Approval Letter) Fireworks Displays (Approval Letter) Emergency Procedure Signs Fire Safety Boxes Community Services Department -16- 100.00 60.00 80.00 28.00 225.00 550.00 50.00 70.00 160.00 70.00 70.00 2.25 120.00 100.00 120.00 225.00 120.00 N/A 120.00 75.00 N/A 75.00 225.00 75.00 225.00 75.00 120.00 35.00 500.00 L Nlasarard4 N/A 100.00 N/A 120.00 N/A 225.00 N/A 225.00 N/A 75.00 N/A 225.00 N/A 75.00 N/A 120.00 N/A 35.00 N/A 500.00 5.00 N/A 105.00 3.00 N/A 63,00 4.00 6.40 90.40 1.40 2.24 31.64 N/A N/A 225.00 500.00 N/A N/A 50.00 3.50 N/A 73.50 8.00 N/A 168.00 N/A N/A 70.00 N/A N/A 70.00 .11 .18 2.54 6.00 9.60 135.60 Community Services Department Fire Safety Lecture (Business min. of 4 hours) Per hour Fire Safety Lecture (Non- profit) Fire Extinguisher Training Business per employee Non- Profit Group Supervision of Fire Drills Business per employee Non Profit Group Plan Examinations, per $1 of permit value Zoning Amendments, per $1 of application fee Site Plan Review, per $1 of application fee Committee of Adjustments, per $1 of application fee Subdivision Plans, per $1 of application fee Municipal Licencing on Site Inspection Municipal Licencing Fire Safety Checklist Review Non Resident Motor Vehicle Response per apparatus for first hour or part thereof per piece of equipment for each additional half -hour or part thereof Second Response for Open Air Burning per apparatus for the first hour or part thereof per apparatus of equipment for each additional half hour or part thereof Re- inspection Fee for outstanding violations for the second and each subsequent re- inspection First Two Alarms, written warning after 2'" alarm Third Alarm Fourth Alarm Fifth Alarm Note: Fee continues to double with successive false alarms, with no limit. -17- Niag 50.00 N/A 50.00 hr. No charge No charge 5.00 150.00 N/A 5.00 150.00 No Charge 55.00 N/A 55.00 No Charge .10 N/A .10 .10 N/A .10 .10 N/A .10 .10 N/A .10 .10 N/A .10 55.00 N/A 55.00 28.00 N/A 28.00 350.00 N/A 350.00 175.00 N/A 175.00 350.00 N/A 350.00 175.00 N/A 175.00 100.00 N/A 100.00 No Charge 300.00 N/A 400.00 N/A 800.00 N/A Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00. 300.00 400.00 800.00 Community Services Department Parks, Recreation Culture Arena Adult Ice Rental Resident Prime Time Non -Prime Time Youth Ice Rental Resident Prime Time Non -Prime Time Non Resident Ice Rental Summer Ice Rental Floor Rental Resident Adult Youth Floor Rental Non Resident Above rates effective May 1, 2008 to April 30, 2009 Blue Line Room for Community Group Meeting Blue Line Room for Community Groups (per day) •ClinicWWorkshop, Special Event, Sale of Alcohol Blue Line Room for Commercial Use •Flat Rate •Birthday Parties Multi- Purpose Room A Multi- Purpose Room D Multi- Purpose Room E Multi- Purpose Room DIE (Together) Community Board Room Coronation Programming Room 25.00 60.00 60.00 120.00 25.00 60.00 1.25 3.00 3.00 6.00 1.25 3.00 -18- 26.25 63.00 63.00 126.00 26 25 63.00 172.89 112.61 111.75 73.47 215.73 172.89 56.10 53.43 67.31 93.31 101.99 50.60 125.00 300.00 300.00 600.00 125.00 300.00 8.64 5.63 5.59 3.67 10.79 8.64 2.81 2.67 3.37 4.67 5.10 2.53 6.25 15.00 15.00 30.00 6.25 15.00 Niagara Hs 181.53 118.24 117.34 77.14 226.52 181.53 58.91 56.10 70.68 No Charge 97.98 107.09 53.13 131.25 315.00 315.00 630.00 131.25 315.00 Parks, Recreation Culture Arena Note: Commercial Groups /Community Groups Non Profit: Non -Primo Hours are all hours before 5:00 p.m., Monday to Friday. Statutory Holidays are charged at prime rates. Summer Ice are applicable from May 1s' through Labour Day. The Special Event Rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facilit re.uirements that are re.uested Or.anizations servin alcoholic bevera•es must comply with the Cit 's Alcohol Risk Mana.ement Polio Adult (16 years and over) Child Student (15 years and under) Family Pass (2 adults, 3 children) Seniors Adult (16 years and over) Youth (under 16) Family (season pass up to 2 adults 3 children) Baskets Ice In Ice In (2006) (2007) (2008) Conferences (2006) (2007) (2008) Ice Out (2006) (2007) (2008) (2006) (2007) (2008) weekday weekend Resident Minor/Youth Sport Organization Non Resident Minor/Youth Sport Organization Resident Adult Not For Profit, Sport Organization Non Resident Adult Not For Profit, Sport Organization Commercial, Private Clubs or For Profit Lighting (per four hour booking) Membership Fee Seniors Age 50 and over Room Rental (per session) Community Services Department 1.43 1.90 1.43 .24 Commercial Grou •s Communi Grou •s Non- Profit .07 .10 .07 .01 1.50 2.00 1.50 .25 3.57 2.86 6.67 19.05 .95 28.57 1.43 19.05 .95 52.38 2.62 2,189.92 2,299.42 2,370.00 2,770.00 1,648.33 1,730.75 1,785.00 1,648.33 1,730.75 1,785.00 1,095.45 1,150.22 1,190.00 60.00 80.00 90.00 120.00 150.00 45.00 19.05 50.00 .18 .14 .33 131.40 137.97 118.50 138.50 agaP fffI 3.75 3.00 7.00 20.00 30.00 20.00 55.00 2,321.32 2,437.39 2,488.50 2,908.50 98.90 1,747.23 103.85 1,834.60 89.25 1,874.25 98.90 1,747.23 103.85 1,834.60 89.25 1,874.25 65.73 1,161.18 69.01 1,219.23 59.50 1,249.50 3.00 63.00 4,00 84.00 4.50 94.50 6.00 126.00 7.50 157.50 2.25 47.25 .95 20.00 2.50 52.50 Parks, Recreation Culture Community Services Department Non Resident Minor/Youth Sport Organization Resident Adult Not For Profit, Sport Organization Non Resident Adult Not For Profit, Sport Organization Commercial, Private Clubs or For Profit Lights per usage to a maximum of 3 hours Non Resident Minor/Youth Sport Organization Resident Adult Not For Profit, Sport Organization Non Resident Adult Not For Profit, Sport Organization Commercial, Private Clubs or For Profit N n- Resident Minor/Youth Sport Organization Resident Adult Not For Profit, Sport Organization Category A: washrooms, bleachers, maintained /lined daily; may have lights Category B: bleachers, maintained /lined regularly, portable washroom(s) Category C: designated primarily for practice use; often located in neighbourhood parks; not eligible for tournament use BASEBALL SOCCER Multi- purpose Sports Fields Kalar Artificial Turf Field #6 CATEGORYA CATEGORYA Oakes #1 (Lights) Oakes Ker #1 (Lights) Mitchelson #1 (soccer /football) Palmer #1, 2 (Lights) Kalar #5 Patrick Cummings #1, 2, 3, 4, 5, 6 CATEGORY B CATEGORY B Oakes #2, 3 Mitchelson: Mini #2, 3, 4 Ker #2, 3, 4 Intermediate #5, 6 Patrick Cummings #7 Senior #5, 6, 10 Prince Charles Kalar: Mini #7, 8 A. G. Bridge #1, 2 Intermediate #2, 3, 4 Don Johnson #1, 2 Senior #1 Palmer #3 Ker #1, 2, 3, 4 John Allan #1, 2 McKinley L. B. Pearson Cherryhill Park Houch #1, 2 Chippawa Lions #1 CATEGORY C CATEGORY C Gus Munro Kalar Practice Field Glenview L. B. Pearson Meadowvale Ker Hydro Field (Swayze Drive) A. J. McKinley Grey Robinson Crowland Park Prince Edward Riverview Prince Charles 20.00 1.00 25.00 1.25 37.50 1.88 50.00 2.50 25.00 1.25 15.00 .75 20.00 1.00 30.00 1.50 40.00 2.00 100.00 5.00 5.00 .25 200.00 10.00 10.00 .50 Niagazaftgtf,a 21.00 26.25 39.38 52.50 26.25 15.75 21.00 31.50 42.00 105.00 5.25 210.00 10.50 Interment Rights Adult Single Lot Preferred Adult Single Lot Adult Two Lot Preferred Adult Two Lot Adult Three Lot Adult Six Lot Child /Infant Single Lot (Fairview) Stillborn Single Lot (Lundy's Lane) Cremation Plot 4 Lots Preferred Cremation Plot Interment Rights Adult Single Lot Adult Two Lot Adult Three Lot Adult Six Lot Child /Infant Single Lot (Fairview) Stillborn Single Lot (Lundy's Lane E) Cremation Plot 4 Lots Community Service Department Parks, Recreation Culture -21- Cemetery Fee 582.00 642.00 1,164.00 1,284.00 1,746.00 3,492.00 162.00 126.00 294.00 Cemetery Fee 873.00 1,746.00 2,619.00 5,238.00 243.00 441.00 Trust Fee 388.00 428.00 776.00 856.00 1,164.00 2,328.00 108.00 84.00 210.00 196.00 490.00 354.00 236.00 590.00 29.50 619.50 Trust Fee 582.00 1,164.00 1,746.00 3,492.00 162.00 970.00 1,070.00 1,940.00 2,140.00 2,910.00 5,820.00 270.00 294.00 735.00 Sub -Total G.S.T. Sub -Total G.S.T. 1,455,00 2,910.00 4,365.00 8,730.00 405.00 48.50 53.50 97.00 107.00 145.50 291.00 13.50 24.50 72.75 145.50 218.25 436.50 20.25 NiayarB,J7iiJjs Total Fee 1,018.50 1,123.50 2,037.00 2,247.00 3,055.50 6,111.00 283.50 10.50 220.50 Total Fee 514.50 1,527.75 3,055.50 4,583.25 9,166.50 425.25 189.00 126.00 315,00 15.75 330.75 36.75 771.75 Community Service Department Interment Services Adult Casket Burial Child Casket Burial Infant/Stillborn Casket Cremains Urn Burial Cremains Scatter Burial Cremains Urn Burial Double Interment Cancellation Casket Urn One Time Care Mtnce Fee* Interment Services Adult Casket Burial Child Casket Burial Infant/Stillborn Casket Cremains Urn Burial Cremains Scatter Burial Cremains Urn Burial Double Interment Cancellation Casket Urn Cemetery Fee Cemetery Fee 835.00 345.00 220.00 250.00 135.00 50.00 300.00 125.00 100.00 1252.00 517.00 330.00 375.00 202.00 50.00 450.00 187.00 Provincial Fee Provincial Fee 10.00 10.00 10.00 N/A N/A N/A N/A N/A N/A Sub -Total 845.00 355.00 230.00 250.00 135.00 50.00 300.00 125.00 100.00 G.S.T. 10.00 10.00 10.00 N/A N/A N/A N/A N/A Sub -Total 1,262.00 527.00 340.00 375,00 202.00 50.00 450.00 187.00 G.S.T. 42.25 17.75 11.50 12.50 6.75 2.50 15.00 6.25 5.00 63.10 26.35 17.00 18.75 10.10 2.50 22.50 9.35 N;a6rrraRe1Y Total Fee Total Fee 887.25 372.75 241.50 262.50 141.75 52.50 315.00 131.25 105.00 1,325.10 553.35 357.00 393.75 212.10 52.50 472.50 196.35 Community Services Department Parks, Recreation Culture Note All Committal Service scheduling is at the approval of the Cemetery Section based on location, weather, staff availability and the number of services requested by Funeral Directors per day. Monday to Friday Interment Services (except on statutory or City holidays) may be scheduled, subject to Cemetery Section approval, between 10:00 a.m. and 3:15 p.m. only. Saturday Interment Services may be scheduled, subject to Cemetery Section approval, between 10:00 a.m. and 2:00 p.m. Sunday and Statutory Holiday Interment Services may be scheduled, subject to Cemetery Section approval, between 11:00 a.m. and 2:00 p.m. A "scheduled" funeral late ardval and other interment surcharges will apply as indicated in the Cemetery Fee Schedule "interment Surcharges Funeral late arrivals will be subject to an additional fee for "funeral crew standby", as indicated in the Cemetery Fee Schedule -"Interment Surcharges Funeral Directors are responsible for advising families, in advance, of potential funeral late charges and applicable surcharges. *One Time Care Maintenance Fee is charged for an interment (Full Body or Cremation) that takes place in a lot (grave) that was purchased prior to 1955. Interment Rights Transfer Exchange Replacement/Duplicate Cemetery Records Search per hour Tree Bench with 3" x 6" plate Bench with bronze plaque (8" x 10 and stand Memorial Marker Maple Grove Memory Lane (includes inscription) 23 50.00 50.00 25.00 25.00 300.00 1,250.00 1,600.00 350.00 2.50 2.50 1.25 1.25 15.00 62.50 80.00 17.50 �Jg Niasar3fn11s 52.50 52.50 26.25 26.25 315.00 1,312.50 1,680.00 367.50 Community Services Department Foundation Concrete /cu. ft. Supply and Install Foundation Installation Minimum Charge Pre -Pour Foundation (Section Q P) Foundation Removal Veteran Upright Marker Setting Small Flat Marker Setting Under 172 sq. in. Large Flat Marker Setting Over 172 sq. in. Corner Markers Setting Per Set of 4 Flat Marker Over 172 sq. in. Upright Marker Including Base To 4 ft high /long Upright Marker Including Base Over 4 ft high/long Adult/Child Dis- Interment Only Re- Interment Infant/Stillborn Dis- Interment Only Re- Interment Cremains Dis-lnterment Only Re- Interment Remains are removed from Municipal Cemetery 19.00 .95 223.00 11.15 310.27 15.51 150.00 7.50 80.00 4.00 50.00 2.50 80.00 4.00 45.00 2.25 50.00 2.50 100.00 5.00 200.00 10.00 900.00 45.00 1,630.00 81.50 300.00 15.00 500.00 25.00 150.00 7.50 350.00 17.50 Nii)sralls 19.95 234.15 325.78 157.50 84.00 52.50 84.00 47.25 52.50 105.00 210.00 945.00 1,711.50 315.00 525.00 157.50 367.50 Community Services Department Notes Dis- Interments will take place on a day and at a time determined by the Manager of Cemeteries or designate. Dis Interments may be scheduled from May 1" to November 1" only. Disinterments not in a vault will be contracted out and will be the responsibility of the Funeral Director. The Funeral Director is responsible for the scheduling and all related costs of: •caskevvaulUUrn removal •vault/urn unsealing and resealing •Niagara Regional Health Unit. Weekday Funeral Late Arrival Scheduled After 3:15 pm Funeral Crew Standby Weekdays (per 1/4 hour) Saturday /Sunday /Holidays (per 1/4 hour) Casket Burial Saturday arrival before 2:00 pm Sunday and Holiday arrival before 2:00 pm Cremains Burial Arrival before 2:00 pm Saturday Scattering arrive before 2:00 pm Sunday /Holiday arrive before 2:00 pm Tent Rental Child Stillborn /Cremains Burial Tent Only Saturday /Sunday /Holiday Less Than 8 Working Hours Casket Burial Order Cremains Burial Order Lower and Seal Concrete Vault/Liner Lid Box -25- Nragar fi 100.00 5.00 105.00 30.00 1.50 31.50 40.00 2.00 42.00 335.00 16.75 351.75 425.00 21.25 446.25 175.00 8.75 183.75 90.00 4.50 94.50 280.00 14.00 294.00 200.00 10.00 210.00 400.00 20.00 420.00 175.00 8.75 183.75 90.00 4.50 94.50 40.00 2.00 42.00 70.00 3.50 73.50 Community Services Department Parks, Recreation Culture Columbarium Maple Grove Columbarium F E D c 8 A F E D c B A Single Inurnment Double Inurnment 800.00 880.00 1,000.00 1,000.00 880.00 800.00 1,200.00 1,320.00 1,500.00 1,500.00 1,320.00 1,200.00 Single Inumment Double Inumment* *Administration Fee for the second Inurnment Bronze Wreath Incl. Inscription Installation 440.00 200.00 1,000.00 50.00 220.00 1,100.00 55.00 250.00 1,250.00 62.50 250.00 1,250.00 62.50 220.00 1,100.00 55.00 200.00 1,000.00 50.00 300.00 330.00 375.00 375.00 330.00 300.00 22.00 1,500.00 1,650.00 1,875.00 1,875.00 1,650.00 1,500.00 175.00 50.00 260.00 50.00 Niagara ?rills 1,050.00 1,155.00 1,312.50 1,312.50 1,155.00 1,050.00 75.00 1,575.00 82.50 1,732.50 93.75 1,968.75 93.75 1,968.75 82.50 1,732.50 75.00 1,575.00 8.75 183.75 2.50 52.50 13.00 273.00 2.50 52.50 35.20 497.20 Community Services Department Parks, Recreation Culture Columbarium Stamford Green Columbarium A (Single Niche) A (Double Niche) B (Single Niche) B (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) 375.00 100.00 475.00 23.75 498.75 760.00 190.00 950.00 47.50 997.50 480.00 120.00 600.00 30.00 630.00 880.00 220.00 1,100.00 55.00 1,155.00 480.00 120.00 600.00 30.00 630.00 880.00 220,00 1,100.00 55.00 1,155.00 375.00 100.00 475.00 23.75 498.75 760.00 190.00 950.00 47.50 997.50 A (Single Niche) A (Double Niche) B (Single Niche) B (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) RESIDENT Single Inurnment NON RESIDENT S ngle Inurnment Double Cremain InurnmenUCompanion Urn* *administrative fee for the 2n inumment if taking place the same time as the first Glass Single Niche Glass Double Niche Bronze Single Niche Bronze Double Niche 560.00 150.00 710.00 35.50 745.50 1,140.00 285.00 1,425.00 71.25 1,496.25 720.00 180.00 900.00 45.00 945.00 1,320.00 330.00 1,650.00 82.50 1,732.50 720.00 180.00 900.00 45.00 945.00 1,320.00 330.00 1,650.00 82.50 1,732.50 560.00 150.00 710.00 35.50 745.50 1,140.00 285.00 1,425.00 71.25 1,496.25 35.00 60.00 440.00 560.00 150.00 225.00 50.00 1.75 3.00 22.00 28.00 7.50 11.25 2.50 2.80 4.80 35.20 44.80 157.50 236.25 52,50 39.55 67.80 497.20 63Z80 Commercial Vehicle Loading Permit Annually First such motor vehicle Parking Meter Bagging (per meter per day) minimum* *Actual lost revenue cost applies if bagged longer than 3 days. Residential On- Street Permit/Replacement Cost Lot 1 per month Lot 2A ($0.65 per hour) per month Lot 3 ($0.65 per hour) per month Lot 5 ($1.50 per hour) Lot 7 per month Lot 8 per month Lot 9 ($0,65 per hour) per month Lot 10A ($0.65 per hour) per month Lot 11 per hour Lot 15 ($1.50 per hour) per month Lot 18 ($1.50 per hour) $8.00 for 8 hours Lot 19 ($0.75 per hour) per month Lot 20 ($1.50 per hour) $10.00 for 8 hours Parking Lot Permit Replacement Cost 1 -15 days 16 -31 days Community Services Department -28- 10.00 25.00 30,00 30.00 Full Cost of Lot Half Cost of Lot 50.00 10.00 2.50 Second such motor vehicle under same registered owner as the first permit Each additional such motor vehicle under the same registered owner as the 1" and 2n permits. 5.00 .25 .40 5.65 Oversize /Overweight Load Permit Single Trip 25.00 N/A N/A 25.00 Annually 150.00 N/A N/A 150.00 On- street Overnight Parking Permit Annually 50.00 2.50 4.00 56.50 Newspaper Box Permit- Annually 10.00 N/A N/A 10.00 On- Street Off Street Parking Fees (per hour) .50/.75/ N/A N/A .50/.75/ .50 1.50/8.00 N/A N/A 1.50/8.00 10.00 .50 .80 11.30 .50 1.25 1.50 1.50 4.00 .80 2.00 2.40 2.40 k' Ni 56.50 11.30 10.50 28.25 33.90 33.90 30.00 1.50 2.40 33.90 30.00 1.50 2.40 33.90 25.00 1.25 2.00 28.25 30.00 1.50 2.40 33.90 .50 N/A N/A .50 45.00 2.25 3.60 50.85 7.08 .35 .57 8.00 30.00 1.50 2.40 33.90 8.85 .44 .71 10.00 Off Street Monthly Parking per month Parked Overtime Meter Zones Parked Facing Wrong Way Over 30 cm From Edge of Roadway Parked on a Boulevard Obstructing a Sidewalk Parked in a Taxi Stand Obstructing Lane or Driveway Parking within 20" of a Crosswalk Parking between 2:00 am 6:00 am Parking in aBus Stop Stopping in No Stopping Zone Parking Hwy Vehicle Overnight Obstruction Fire Lane Handicapped Parking Only Parking Control Photos Parking Infraction Record Information NSF Fees Court Conviction Costs 8 Hour Intersection Traffic Count per location 24 Hour Automatic Traffic Recorder (ATR) per location Spot Speed Study Radar Gun per location 24 Hour Speed Study (ATR) per location Motor Vehicle Collision Summary Report per location Intersection Capacity Analysis per location Traffic Signal Timing Plan Summary per location Disabled Parking Sign Disabled Parking Tab ($300 Fine) 6 foot Telespar Post Community Services Department -29- 25.00 to 45.00 20.00 25.00 25.00 25.00 50.00 40.00 25.00 50.00 25.00 50.00 50.00 80.00 95.00 300.00 .50 5.00 35.00 16.00 100.00 30.00 50.00 100,00 50.00 100.00 50.00 13.45 7.16 7.96 1.25 to 2.25 Nia 26.25 to 47,25 5.00 1.50 2.50 5.00 2.50 5.00 2.50 .67 .36 .40 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 20.00 25.00 25.00 25.00 50.00 40.00 25.00 50.00 25.00 50.00 50.00 80.00 95.00 300.00 .50 5.00 35.00 16.00 N/A 105.00 N/A 31.50 N/A 52.50 N/A 105.00 N/A 52.50 N/A 105.00 N/A 52.50 1.08 15.20 .57 8.09 .64 9.00 Adult VIP (Senior) Student 6 to 12 yrs. 5 and under Adult VIP (Seni r) Student Adult VIP (Senior) Student Community Services Department Niagaraf IY Transportation Services 2.25 2.00 2.00 1.00 Free N/A N/A N/A N/A 2.25 2.00 2.00 1.00 One Way Semester Student All Day One way adult One way child Bus Charter per hour -30- 22.00 N/A 22.00 19.50 N/A 19.50 19.50 N/A 19.50 65.00 N/A ,65.00 50.00 N/A 50.00 50.00 N/A 50.00 3.75 N/A 3.75 280.00 N/A 280.00 180.00 N/A 180.00 6.00 N/A 6.00 3.50 N/A 3.50 1,00 N/A 1.00 75.00 3.75 78.75 Transportation Services Niagara Transit Garage Maintenance Diesel Fuel #1 Clear Diesel Fuel 221 Diesel Fuel 4,169 Engine Oil #40 Heavy Duty Engine Oil 15W40 Transmission Oil Dexron III Tansmission Oil Synthetic TES295 Antifreeze Windshield Washer Fluid Outside Wash Outside Wash 4,169 Rear Bus Degrease Washroom Service Washroom Service includes interior Washroom Service 4,169 Full Service (wash, dump, chem, sweep, mop) Toilet Chemical Sweep Inside Sweep Inside 4,169 Mop Inside Mop Inside 4,169 Detailing includes sweep /mop /wash Park Outside GHTTW /PW /Long Term Park Outside GH/TW /PW Plugged In Park Outisde Regular AirX100 with trigger AirX100 473 ml can AirX100 trigger only Windshield Degrease Scrub Labour Straight Time Labour Overtime Labour 221 Straight Time Labour 221 Overtime Labour Computer Diagnostics Road Service Hourly Rate Road Service Mileage Charge /km Road Service Bridge and Misc. Tolls Towing Charges AC Labour Straight Time AC Labour Overtime AC Compressor Oil Per L. R22 A/C Gas R500 A/C Gas 134A A/C Gas Battery Charge Shop Hardware /Environmental Chg. Community Services Department -31- Niagara /VAT RATE GST PST TOTAL Market Rate Market Rate Market Rate 3.51 .18 .28 3.97 3.65 .18 .29 4.12 4.03 .20 .32 4.55 19.50 .98 1.56 22.04 3.38 .17 .27 3.82 3.24 .16 .26 3.66 24.00 1.20 N/A 25.20 22.80 1.14 N/A 23.94 6.99 .35 N/A 7.34 24.00 1.20 N/A 25.20 35.30 1.77 N/A 37.07 22.80 1.14 N/A 23.94 81.56 4.08 N/A 85.64 2.51 .13 .20 2.84 13.50 .68 N/A 14.18 13.00 .65 N/A 13.65 13.50 .68 N/A 14.18 13.00 .65 N/A 13.65 89.99 4.50 N/A 94.49 4.50 .23 .36 5.09 6.50 .33 .52 7.35 15.00 .75 1.20 16.95 18.62 .93 1.49 21.04 14.33 .72 1.15 16.20 4.00 20 .32 4.52 6.99 .35 N/A 7.34 72.50 3.63 5.80 81.93 81.50 4.08 6.52 92.10 48.80 2.44 3.90 55.14 52.00 2.60 4.16 58.76 72.50 3.63 5.80 81.93 100.00 5.00 8.00 113.00 .60 .03 N/A .63 1.00 .05 N/A 1,05 1.00 .05 N/A 1.05 79.50 3.98 6.36 89.84 89.50 4.48 7.16 101.14 37.70 1.89 3.02 42.61 12.00 .60 .96 13.56 25,35 1.27 2.03 28.65 22.10 1.11 1.77 24.98 19.50 .98 1.56 22.04 12.49 .62 1,00 14.11 -32- 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 www.niagarafalls.ca 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 23r 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 23r 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 twenty -third day of March, 2009 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: March 23, 2009 March 23, 2009 March 23, 2009 cn �Y R m n 0 0 m P1 mu aoiii IIIIHIin1111 ,1 111 C11IB" •21:Irr1 l I 1111 °lllII:^r 11 1 1111 )1 1e Ire:l lIl I:Ial:lllIr 1111/ IIIIII 111111111 11 III !I /IIIldIIIil IIlflhi!l 1 iii 1i 111 11111 1 1111111111 1 11 1 1 11111111111I11 1 11111111111111 i IliJIlII. 1111111!I111ii 1( llllIlIllll!!1lI 1111! 1 riv 1/ yson-Avenue- jy e w a r wawa y°3 fi Ea e PO 6 fp 1qp APPENDIX 4 Chronology of Events Since the August 18, 2008 Public Meeting 1. August 21, 2008 Letter sent from Planning staff to Cross Links's lawyer outlining the information to be provided to consider the change in land use. 2. September 15, 2008 Letter from Cross Link's lawyer stating that a planning justification report and market feasibility study was being prepared and would be submitted to the City. 3. September 23, 2008 Letter from Planning staff to Cross Link's lawyer recommending a public open house be held and need for a traffic study to assist in determining the appropriateness of the proposal. 4. October 10, 2008 Planning Justification Report and Market Feasibility Report is submitted to the City and circulated to agencies and nearby industrial operations. 5. November 8, 2008 Notice circulated to advise of Public Open House. 6. November 20,2008 Public Open House is held. 7. December 17, 2008 Planning staff met with Cross- Link's consultant to review major issues on the proposal. 8. December 24, 2008 Letter received from Cross Link's consultant highlighting major issues and need for followup action. 9. January 12, 2009 Response from City Planning to the consultant clarifying items required in order to proceed with a report to Council. 10. January 12, 2009 Response received from John Winter, author of the Market Feasibility Report, addressing staff concerns on the market for tourists. 11. January 19, 2009 Meeting with Cross Link's consultant and they confirm all information has been received by the City with the exception of the Traffic Study. 12. January 21, 2009 Letter received from Cross Link's consultant not supporting further research on the conversion of employment lands. 13. February 12, 2009 Traffic Study is received and circulated. 14. February 21, 2009 Notice is provided on the Public Meeting under the Planning Act to be held March 23, 2009. A MAP 1 TO AMENDMENT NO. APPENDIX 5 SCHEDULE A TO THE OFFICIAL PLAN Areas Affected by this Amendment: Area 1 Proposed Change From Industrial and Open Space to Industrial Special Policy Area "A" Area 2 Proposed Change From Industrial to Residential Area 3 Proposed Change From Industrial and Residential to Tourist Commercial Area 4 Proposed Change From Industrial to Open Space CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE ENVIRONMENTAL PROTECTION AREA INDUSTRULL I 1 RESIDENTIAL TOURIST COMMERCIAL NOTH: This schedule forme part of Amendment No. to the Official Plan for the City of Niagara Palle and a:VBs Bne.O%0.kLNe a\ZcotAMNM -13�wo ntmut1oread in conjuration with the written text W E 1:NTS AM- 2008 -013 AUGUST 2008 APPENDIX 6 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land 20.1 m Alid JOIN AMMO II�lill� 1p 111111111111: 111 91 Description: Part of Township Lots 76 and 91, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls K: \+S_Regues1A2008\ SchedulesVonIngAM\AM- 13\mappI g.map Amending Zoning By -law No. 79 -200 t :Nis AM- 2008 -013 August 2008 APPENDIX 7 SCHEDULE 2 TO BY -LAW No. 2008 Subject Land T 1111111111111111 1 11(1 1111 II Description: Part of Township Lots 76, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls AVISRequesIA2W85S hedulesUwAngAMWd-13 Vnappin9.map ripE Amending Zoning By -law No. 79 -200 3 N 1:NTS AM -2008 -013 August 2008 SCHEDULE 3 TO BY -LAW No. 2008 Subject Land WA Description: Part of Township Lots 75 and 76, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls ietos_eeyuestA2008 Scneduiest2onIngAMVV1- isMapWn map Amending Zoning By -law No. 79 -200 APPENDIX 8 1:NTS AM -2008 -013 August 2008 SCHEDULE 4 TO BY -LAW No. 2008 Subject Land IM 47.2 m 47.8 m` 18.2 m 145.5 m 30.5 m 93.8 m vsm A =256.1 in 15.2 m 55.5 m 47.9 m 133 m t rn 1 61.1 -m =me 183'm 278m .4111 mi Sf ■A imi minsimm 'MI S :0 (Et eel; 5:1 .fi 0 67.7'm Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 59, 74, 76 and 91, Stamford Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: City of Niagara Falls APPENDIX 9 N s 1:NTS AM- 2008 -013 K :IGISJtequests\2008 4SchedulesVoni gAKAM- 13 Mapping.map August 2008 Niagara af Region March 10, 2009 File: D.10.04.0PA -01511 Francesca Berardi Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905 685 -1571 Toll- free:1- 800 -263 -7215 Fax: 905-687-8056 www. n i a g a r a reg i o n. c a Re: Supplementary Comments Official Plan Amendment Application Cross -Link Bridge Corporation To add Tourist Commercial Uses to the Light Industrial Designation and Zoning Bylaw Proposed for the Area South of Buttrey Street City of Niagara Falls The City of Niagara Falls is considering a proposal by Cross -Link Bridge Corporation for tourist commercial and retail uses on the former CN Rall lands in the Buttrey Street area. A Planning Justification Report, prepared by UEM Urban and Environmental Management Inc. dated October 8, 2008, has been submitted in support of redesignating the subject property to Tourist Commercial Special Policy Area, rezoning the property to a site specific Tourist Commercial zone. The proposed amendments would provide for a retail outlet use (i.e. outlet mall) as a permitted use. Regional staff provided comments in a letter dated November 13, 2008, which generally remain applicable. Concerns were raised related to the conversion of employment lands and the market report. The proponent's agent, Mr. Brady, submitted a letter, dated December 24, 2008, which provides additional information /comments in response to the Region's comments. City staff also forwarded additional information, dated January 8, 2009, from the author, Mr. Winter, of the Market Report. Regional staff has reviewed the additional information submitted and provides the following comments with respect to conversion of employment lands and the market report. The City recently completed a comprehensive review of residential and industrial land supply, and the general conclusion of the review was that the City has an oversupply of industrial lands. Regional staff understands that the recent Thundering Waters and Warren Woods conversion proposals have been included in the comprehensive review. The Region has prepared a Growth Management Strategy, which, although the recommended study option has not been approved by Council, concludes that the Region has an oversupply of industrial lands as does the City of Niagara Building Community. Building Lives. rittativED MAK 1 3 ZUUS PLANNING DEVELOPMENT planning period. Given that both the City and Region have completed studies that conclude there is an oversupply of industrial lands; staff is satisfied that the appropriate review has been undertaken. Regional staff still has concerns, however, with the market report. The additional information supplied by Mr. Winters does not adequately address the proposal from a Regional market perspective as required by the Regional Policy Plan policy 5.14 and outlined in our earlier comments. Therefore, our comments on the market report remain the same. In addition, the City had an earlier market study for the proposed Smart Centres •development at Oakwood peer reviewed. The peer review generally concludes that specialty DSTM is generally well distributed throughout the urban area, but the downtown is significantly deficient and needs major remerchandising and upgrading. In addition, a substantial amount of planned floorspace potential also exists on other sites throughout the municipality. The provision of additional specialty DSTM diminishes the prospects for an effective redevelopment of the downtown area. The peer review suggested the municipality consider either a limited amount of specialty DSTM on the Oakwood site or potential phasing to accommodate a reasonable absorption. Based on the concerns raised in the previous peer review, the impacts of this additional retail space particularly on the downtown as well as other areas of the municipality should be carefully considered. Regional staff requests that the City have the Market Report peer reviewed to determine whether the Market Report appropriately addresses the impact of the proposed retail outlet facility on the existing and planned shopping facilities within the City and Region, including the downtown; the policies of the Regional Policy Plan; and to provide an opinion on the overall conclusions of the report. The peer review should be undertaken prior to consideration of the approval of the application. A traffic impact study has been submitted and is currently being reviewed by technical staff. Comments will be forwarded' under a separate letter once staff has completed their review. It may be appropriate to consider Regional comments regarding the traffic study prior to the approval of the application in the event access and design issues arise. Based on the provisions of the Memorandum of Understanding, the Official Plan amendment will require Regional approval. Regional staff also request that the draft Official Plan policies be forwarded to the Region for review prior to adoption by Council. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Director of Development Services. Yours truly, Sue Mabee Planner 2 Cc: A. Herlovitch, City of Niagara Falls M. Lagzdins, Manager of Development Services MODIFY REQUEST Printed On: 2/23/2009 1123:59 AM b 0 Le I-S 1) AM- doog_ ©13 rancesca Berardi Planning and Develo.ment REQUEST ID ENTERED BY CATEGORY CREATED ON 2080 Information Services -Web Master Planning 2/22/2009 4:20:59 PM REQUEST INITIATED BY ADDITIONAL REQUESTORS FILE ATTACHMENTS CURRENT STATUS TIMELINE Clint Wood (External) Send e-mail to Requester Add Requester Add Attachment Multiple Assignments Click here to update Assignments Quick Close 7/6 Reque Extension PROPERTY INFORMATION Add Property Information REQUEST INFORMATION Entered By Information Services Web Master 2!22!2009 4:20:59 PM In the advertisement regarding the City File AM- 2008 -013 the Director of Planning and Development indicates that if the reader goes to the Public Notice section of this website we can read about the Planning Justification Report and Transportation Study submitted in support of the tourist commercial outlet mall use I do not see this on the website. Secondly, I would like to voice my opposition of yet another TOURIST outlet mall (note: not an outlet mall for the average Niagaran) that is specifically designed to 'rip off' more tourist. Those of us in the Glenview area already have a business referred to as Souvenir City. The products sold here are grossly overpriced (from the nicnacs to the tasteless $6 /slice pizza). This business is of no use whatsoever to the residents of this area....uniess of course you get high off of the fumes of buses. The residents of Glenview would like city council to look out not only for the interests of the tourists but also the interests of the year long residents of this area. Can anyone in council not see the need for a grocery store in the downtown area? Or a cinema? Perhaps specialty food shops? Why even tourist constantly ask 'where do you shop'? When deciding on what to allow on these vacant lands please take careful consideration of the residents of Glenview. Kind Regards, Clint Wood (I would like these comments to be consider as a written submission to the Planning Development Department) Glenview resident RECEIVED FEB 2 3 2009 PLANNING DEVELOPMENT d 41 1 3 I-I I C K S O N PA/U, N IAGA RA FALLS_ CANADA L2E 3K7 Thursday February 26, 2009 MR. ALEX HERLOVITCH DIRECTOR OF PLANNING DEVELOPMENT THE CITY OF NIAGARA FALLS, CANADA 4310 QUEEN STREET NIAGARA FALLS, ONTARIO Page....2 Planning Scanned Flla: ZVNIN Ci Dear Mr. Herlovitch: RE CITY FILE AM2008 -013 CITY OF NIAGARA FALLS Fine business on your re- zoning proposals of The Elgin Brown Fields Areas. I say this, as you have given proper consideration to the protection of the peace and residential character of our neighborhood. I beleive that I could be forcasting the need for traffic lights at the two intersections of Victoria Buttery, and Victoria Ferguson, in the event your plans are brought into fruition. The volume of traffic on Victoria will substantually increase, along with use of Buttery Street. Having attended the November 20th meeting, I had my question answered. The CNR tracs are staying. Not to digress, it is possible that Go Transit may begin to run their trains to the station, at some point in time. So, that issue is off the table! Talk about the tracks, at the meeting, I noted the plan to set up an overhead walk -way, located at the, or opposite the foot of Zimmerman Avenue. This would be a great convenience to "locals" wishing to walk downtown, along with curtailing the illegal act of cutting across the tracks to go downtown, or return to the neighborhood. Another area, I'd like to address is the cost of all this. I do not beleive in CORPORATE WELFARE. I would like to be of the assumption that those developers, who elect to make use of the land, will bear the cost of tapping into the city water and sewage services, along with the Ontario Hydro. You can appreciate that all of us pay enough in taxes. City funds are dear. Thus these funds should be used for maintaining our pressent infrastructgure. If the above is not the case, you can take a "NO" for my response to this affair, City file AM- 2008 -013, It is my sincere trust that my final issue is in my direction of wishes, as I've always maintained that the reason for the total "death," if you will, of the down area is THERE IS NO SERIOUS SHOPPING AVAILABLE. As for parking, you know that downtown could not handle a serious increase in use, at this time. RECEIVED MAR 0 2 2009 PLANNING DEVELOPMENT March 6, 2009. Alex Herlovich Director of Planning City of Niagara Falls HAND DELIVERED RE: City File AM- 2008 -013 Mr. Herlovich; I would like to express my concerns and opposition to the recent proposals for the above noted project. I have previously expressed concerns about the previous zoning proposals between Buttrey and Ferguson Streets and the area in which I reside on 4203 Martin Avenue. I would like acknowledgement and zoning to reflect that single- family dwellings do exist at my end of the street. I would like this zoning designation, on record to reflect this long- standing usage. I do wish to continue to reside on this street and.I do not wish to have prestige industrial neighbours, nor do I wish to have to abide by future building code complications of this zoning, should I wish to renovate or add an addition to my home. I fear I will lose certain rights as a homeowner in the name of progress. I also have major issues with the traffic flow proposals for my street. Martin Avenue is a very narrow road, with no green space, sparse sidewalks and very little frontage between existing houses and the sidewalk. It is an inappropriate road for a major artery to a Commercial Tourist complex. I wish to have the Martin Avenue /Buttrey Road junction closed off to prevent traffic flow on this road. There are other viable options that should be explored, which are less populated, safer and more appropriate for increased traffic. I would like to make a presentation to Council at March 23, 2009 meeting to discuss my grave concerns about certain aspects of the proposal. Could you please ensure that I am on the list to give my input? I would also like communication from your office to confirm that you have received this correspondence. I do realize change and progress is inevitable, but I do not want this at the expense of my quality of life. I feel that the rights and existence of the current residents are not being appropriately acknowledged and this is not acceptable. Thank you for your attention to this matter. I look forward to your reply and do hope that an equitable resolution can be reached. Sineprely, Donna E. Rose 4203 Martin Ave.. Niagara Falls, ON L2E 3L1 (905) 356 -4506 -home (905) 329 -9616 mobile DEVELOPMENT RECEIVED MAR 0 6 2009 March 23, 2009 PD- 2009 -24 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagara /ails Re: PD- 2009 -24 AM- 2009 -003, Zoning By -law Amendment Application 4001 Weaver Road Applicant: Gary Landry Proposed Tourist Home That Council approve the Zoning By -law Amendment application to permit the existing dwelling on the and to be used as a tourist home (bed and breakfast) with a maximum of four (4) bedrooms for tourists. BACKGROUND: Gary Landry has requested an amendment to Zoning By -law No. 395, 1966 (Township of Willoughby) for a 9.3 hectare (22.9 acre) parcel of land known as 4001 Weaver Road, as shown on Schedule 1. A single detached dwelling is under construction on the property. The applicant proposes to use this dwelling as a tourist home with a maximum of four (4) bedrooms available for tourists. Refer to Schedules 2 and 3 for details of the property. The land is currently zoned Rural, in part, and Conservation and Open Space, in part, in accordance with By -law No. 395, 1966. The dwelling is located on the part of the property zoned Rural. The Rural zone does not permit tourist homes. The Rural zone is requested to be amended site specifically to add a tourist home, with four (4) bedrooms available to tourists, to the list of permitted uses. Site Conditions and Surrounding Land Uses Most of the subject land is used for agriculture. The dwelling is located in the northeast corner of the property. Ussher's Creek flows over the southeast corner of the property which is wooded. Surrounding lands are mainly used for agriculture, with some wooded areas. Several Rural dwellings exist on the properties; east of Willoughby Drive. OQueen Stret P0. Box1023 Nlaga a bh :tanada C2E6X5 905-356-7521 www.niagarafalls.ca' Working Together to Serve Our Community Community Services Department Planning Development March 23, 2009 2 PD- 2009 -24 Circulation Comments Regional Municipality of Niagara No objections. The bed and breakfast is a secondary use to the residence and will not affect current and future land uses. A private sewage permit has been issued for a system to service a 6 bedroom residence. The proposal does not result in additional private sewage capacity issues. Niagara Peninsula Conservation Authority (NPCA) No objections. Permits have been issued by NPCA for the dwelling. Fire Services No objections. Any concerns can be addressed through the normal Building Permit process. Municipal Works, Transportation Services, Legal Services No objections. Planning Analysis 1. The proposed tourist home complies with the Official Plan. The subject land is designated Good General Agriculture, in part, and Environmental Protection Area, in part. The dwelling is located on the part of the land that is designated Good General Agriculture. Lands designated Good General Agriculture are intended to be used for agriculture, conservation, forestry and farm related dwellings. Lands designated Environmental Protection Area (under which Ussher's Creek and related woodlands on the subject land are designated) have natural features that are intended to be protected. The Official Plan policies allow bed and breakfast establishments (up to 6 bedrooms) to be considered as an accessory use to an agricultural or residential use in the Good General Agriculture area. These establishments are to be operated by a permanent resident of the existing dwelling and are to be regulated through a Zoning By -law amendment as to their location, size and traffic generation to minimize disturbances to adjacent properties and to ensure the private sewage disposal system can satisfactorily accommodate the bed and breakfast. The proposed tourist home complies with the Official Plan as follows: The utilization of the dwelling for a tourist home will not impact the agricultural use of the property. The 4 bedroom bed and breakfast is not expected to generate significant traffic volumes as to impact the road system. March 23, 2009 2. The requested Zoning By -law amendment is appropriate. The applicant has requested site specific provisions to be added to the Rural zoning that applies to part of the property to add a tourist home (commonly called a bed and breakfast) with 4 bedrooms to the list of permitted uses. The Conservation and Open Space zoning that applies to Ussher's Creek is not affected by the requested zoning. The dwelling is designed to accommodate the tourist home use and no other zoning regulations are affected. CONCLUSION: The requested Zoning By -law amendment can be supported for the following reasons: The proposal complies with the intent and purpose of the Official Plan respecting tourist homes in agricultural areas. The agricultural and environmental components of the property and nearby residents will not be impacted by the tourist home use. The private sewage system on the site is of a sufficient size to accommodate the tourist home. Recommended by: Approved by: A.Bryce:mb Attach. 3 PD- 2009 -24 Because of the size of the property, the subject dwelling is removed from other dwellings and is not expected to impact surrounding properties. The adjacent environmental lands (Ussher's Creek and associated woodlands) will not be impacted. The dwelling and parking area have been constructed outside of the Regional flood line. Sufficient capacity exists in the private sewage system to accommodate the tourist home. The parking area can accommodate at least 6 parking spaces while the dwelling's garage can accommodate 3 vehicles. As one space is required for the dwelling and one space is required for each of the tourist rooms, there is sufficient parking available for this use. S:\PDR\2009 \PD- 2009 -24, AM- 2009- 03,Landry, 4001 Weaver Road.wpd it fi r, .,k41 -Q Alex Herlovitch, Director of Planning Development Ed iujlovic, Executive Director of Community Services Subject Land z Location: 4001 Weaver Road Applicant: Gary Landry Schedule 1 LOCATION MAP Amending the Zoning By -law No. 395, 1966 AM 2009 003 February 2009 j v L r Schedule 2 WILLOUGHBY DRIVE r� r 1 t r1 1 I 4. 1 Schedule 3 Niagara IOW Region February 26, 2009 File: D.18.04.ZA -04358 Mr. Andrew Bryce Planner 2 Planning Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: AM- 2009 -003 Zoning By -Law Amendment Application To Permit a 4 Bedroom Bed Breakfast 4001 Weaver Road City of Niagara Falls I Planning Scanned Rio: 11/41I1 PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905 To I I- free:1 -800- 263 -7215 Fax: 905- 687 -8056 www.niagararegion.ca Regional Development Services staff has reviewed the information circulated for the above noted Zoning By -law Amendment application. The purpose of the amendment is to add site specific provisions to the existing zoning of the property to allow the dwelling to be used for a bed and breakfast. The amendment will facilitate the development of a three unit townhouse dwelling on the property. The property is located within the Willoughby Study Area for the City of Niagara Falls according to Regional' Policy Plan Amendment number 170. The Willoughby Study Area has been identified as an area where urban development may be directed in the long term. The Region is currently working on its Growth Study, which will determine the appropriateness of this area for future urban development. In the interim, development that could jeopardize the efficient future urban use is not permitted. Existing uses can continue and expansions or change in use can be considered provided that the expansion or change in use does not jeopardize the orderly development of the area for urban uses. A dwelling is currently under construction on the property and the rezoning would allow four bedrooms within the dwelling t� be used for a bed and breakfast. Given that the bed and breakfast will be contained within the existing dwelling and will function as a secondary use to the primary residential use of the property, the proposal should not jeopardize the future urban use of the area. Therefore, Regional staff has no objections to the rezoning application from a land use perspective. According to the Region's Core Natural Heritage Map, an Environmental Conservation Area, a Potential Natural Heritage Corridor, and Fish Habitat are located on the VE® Environmental Conservation Area generally represents the shoreline buffer a �f1 Building Community. Building Lives. FEB 2 1 2009 PLANNING DEVELOPMENT -2- Creek and a significant woodlot. In addition, Usher's Creek is identified as fish habitat. In accordance with the Memorandum of Understanding and the protocol between the Region and the Niagara Peninsula Conservation Authority (NPCA), the NPCA shall be responsible for the review and comment of all planning applications for impacts on the natural environment. The NPCA will provide Provincial and Regional comments under a separate letter to the City. Technical staff advises that a sewage permit has been issued for a system to service a residence with a maximum of 6 bedrooms. The proposal does not result in additional private sewage capacity issues. In conclusion, Regional staff has no objections to the proposed rezoning application from a Provincial or Regional perspective provided that any requirements of the NPCA are met and that the City is satisfied local concerns, if any, have been addressed. Please send notice of the City's decision and minutes of the meeting when available. Yours truly, Sue Mabee Planner March 23, 2009 PD- 2009 -28 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2009 -28 AM- 2008 -36, Zoning By -law Amendment Application 4256 Portage Road Applicant: City of Niagara Falls Recognition of an Existing Parking Area RECOMMENDATION: That Council approve the Zoning By -law Amendment application to recognize the existing parking lot on a portion of the land. BACKGROUND: The City of Niagara Falls is undertaking a housekeeping amendment to Zoning By -law No. 79 -200 for a 0.14 hectare (0.34 acre) portion of a 0.55 hectare (1.4 acre) property known as 4256 Portage Road. The area affected by this amendment is shown on Schedule 1. A medical clinic with associated parking exists on the majority of the property; the portion subject to this application is used for parking. Refer to Schedule 2 for details of the property. The front part of the property is currently zoned general Commercial (GC) and the rear part of the property is zoned Light Industrial (LI) in accordance with By -law No. 79 -200. The portion of the property zoned LI is proposed to be changed to GC. The proposed amendment will recognize the existing parking area and allow it to be used to satisfy a portion of the clinic's parking requirements. Surrounding Land Uses Niagaraj3alls A mix of commercial and residential uses exists to the north and west of the subject land. Industrial uses exist to the east. A former rail corridor owned by the City and intended for a future recreational trail abuts the subject property to the south. OQuee St et PO B x1023`NiagaraFalls ON'Canada L2E6X5 905456-7521' www.niaga rata I Is.ca Working Together to Serve Our Community Community Services Departmen Planning Development March 23, 2009 2 PD- 2009 -28 Circulation Comments Regional Municipality of Niagara Fire Services No objections. The proposal does not affect any Regional or Provincial interests. No objections. Any concerns can be addressed through the normal Building Permit process. Municipal Works, Transportation Services, Legal Services No objections. Planning Analysis 1. Recognition of the existing parking lot on the land complies with the Official Plan. The subject property is designated Major Commercial, in part, and Industrial, in part in the Official Plan. The clinic and the majority of the required parking is located on the part of the property designated Major Commercial. Lands designated Major Commercial are intended to be developed for retail outlets, personal service shops, medical services and offices. A portion of the parking associated with the clinic is on lands designated Industrial. Land use designation boundaries are intended to be approximate only, except where there are clearly defined physical features such as roads and railway lines. The Official Plan allows minor and use designation boundary adjustments without amendment where the general intent of the Official Plan is maintained. As the boundary between the two land use designations is not a clearly defined physical feature, the subject lands can be deemed Major Commercial in the Official Plan. The zone change would comply with the Official Plan. 2. The requested Zoning By -law amendment is appropriate. The whole of the subject property has been developed and used for a clinic and its associated parking for a number of years notwithstanding that a small portion has been zoned for industrial purposes and as such the parking spaces thereon could not be counted towards the required parking. The proposed amendment will replace the LI zoning on a portion of the site with the same GC zoning that exists on the majority of the property which fronts onto Portage Road and permit it to be used for required parking. The zone change will recognize the use of the property that has existed without land use issues for many years and is essentially a housekeeping matter. A measure of land use compatibility has evolved and no land use impacts on surrounding land uses are anticipated as a result of the amendment. March 23, 2009 3 PD- 2009 -28 The portion of the property proposed to be rezoned is held under separate title from the lands fronting onto Portage Road. The two parcels should be registered in the same name and merged in title so that they can be considered as one parcel under the GC zone. CONCLUSION: The requested Zoning By -law amendment can be supported for the following reasons: The proposal complies with the intent and purpose of the Official Plan which allows minor land use boundary adjustments where the general intent of the Plan is maintained and recognizes an existing land use arrangement. Extending the GC zone over the entire site will recognize the way the property has been used for a number of years and allow the entire site to be treated as one for the purposes of supplying required parking. The two parcels should be merged in title so they can be treated as one for zoning and development purposes. Recommended by: Approved by: A.Bryce:mb Attach. Ed Dujlovic, Executive Director of Community Services S: \PDR120091PD•2009 -28, AM- 2008- 36,City of Niagara Falls,4256 Portage Rd.wpd Subject Land ��f Location: 4256 Portage Road Applicant: City of Niagara Falls Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 AM 2008 036 March 2009