2009/08/10COUNCIL
MEETING
Monday, August 10, 2009
Order of Business
and Agenda Package
COUNCIL MEETING
August 10, 2009
Coat of Arms
PRAYER: Councillor loannoni
ADOPTION OF MINUTES: Council Minutes of July 20 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.
DEPUTATIONS /PRESENTATIONS
Derek Tidd will be recognized for his many years of preparation and fundraising for
the City's Coat of Arms and will unveil his Coat of Arms.
PLANNING MATTERS
UNFINISHED BUSINESS
1 Chief Administrative Officer PD- 2009 -51 - Supplemental Report, 26CD -11-
008-03, Draft Plan of Condominium (Conversion),
4218 Portage Road ( East Side), North of
Gallinger. Owners: Shaukat & Amina Parekh
(Agent - Brian Sinclair)
MAYOR'S REPORTS, ANNOUNCEMENTS
-2
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Library Board Vacancy - The Niagara Falls Public Library Board has had two recent
resignations and recommends a candidate.
RECOMMENDATION: That Council choose two (2) candidates to fill the vacancies
of the Public Library Board.
2. Accuchek Cyclebetes Relay - a request for financial sponsorship from a participant.
RECOMMENDATION: Receive and file the request.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
FINANCE REPORTS
1. Chief Administrative Officer CPS - 2009 -07 - Grant Programs Applications
Update
2. Chief Administrative Officer F- 2009 -40 - 2008 Capital Accounts Report
3. Chief Administrative Officer F- 2009 -41 - 2008 Reserves and Reserve Funds
4. Chief Administrative Officer F- 2009 -39 - Tax Receivables Monthly Report
(June)
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Councillor loannoni, Chair)
3
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.
BDD- 2009 -03 - Niagara Convention and Civic Centre Construction Update
CPS - 2009 -06 - Chippawa Junior C River Hawks
HR- 2009 -04 - Benefits Renewal - Sun Life Assurance Company of Canada
L- 2009 -36 - McLeod Road Cost Sharing Agreement
MW- 2009 -58 - Tender # T- 09 -20, New Equipment Purchase
MW- 2009 -56 - Contract 2009 - 216- 08,Lyons Creek Road and Stanley Avenue
Watermain Loop
PRC- 2009 -23 - Easement Agreement with Embridge - Palmer Park
PD- 2009 -58 - Matters Arising from Municipal Heritage Committee
PD- 2009 -54 - RBL -RGP - 2009 -001 Residential Loan & Revitalization Grant, 5688
Main Street (Nick Vaccaro)
PD- 2009 -55 - Extension to Draft Plan Approval, Warren Woods (West) Draft Plan
of Subdivision 26T -96001 (Revised Garner Road (EastSide), South of McLeod
Road). Owner: Warren Woods Land Corporation ( Robert O'Dell)
PD- 2009 -56 - FCM Funds to Assist in Remediation of Cytec Lands
PD- 2009 -59 - Request for Deeming By -law, 5725 Progress Street - Lots 18 & 19,
Mancuso Chemicals
PD- 2009 -60 - PLC - 2009 -01, Request for Removal of Part Lot Control Blocks 2, 3 &
4, Registered Plan 59M -357. 7748, 7768 & 7796 Ascot Circle (Ascot Woods
Extension 6). Owner: Pinewood Homes (Tara) Ltd.
TS- 2009 -24 - Transit Agreement with Brock University Student's Union
TS- 2009 -34 - Niagara Falls - Fort Erie Inter - Municipal Transit Agreement
TS- 2009 -35 - 5688 -5704 Main Street - Encroachment Agreement
2009 -127
2009 -129
- 4 -
RESOLUTIONS
1. THEREFORE BE IT RESOLVED that the Niagara Falls City Council request a
regulation under the Fish and Wildlife Conservation Act, 1997 allowing Sunday gun
hunting.
2. THEREFORE BE IT RESOLVED that Canada take an international leadership role
and propose a ban on the harvesting of shark fins at the next Convention on
International Trade of Endangered Species
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by -laws
listed for Council consideration.
2009 -124 A by -law to designate Lots 18 and 19, Plan 243 to be deemed not to be
within a registered plan of subdivision. (SPC- 2009 -011)
2009 -125 A by -law to provide for the adoption of Amendment No. 91 to the City of
Niagara Falls Official Plan. (OPA No. 91)
2009 -126 A by -law to amend By -law No. 79 -200, being a by -law to permit light
industrial uses and a retail outlet mall within the Elgin Industrial Area. (AM-
2008 -013)
A by -law to amend By -law No. 79 -200 to permit a broad range of industrial,
service commercial and institutional uses within a portion of the Elgin
Industrial Area. (AM -2008 -013)
2009 -128 A by -law to amend By -law No. 79 -200 to recognize parkland within the Elgin
Industrial Area. (AM- 2008 -013)
A by -law to amend By -law No. 79 -200 to permit an apartment building with
commercial uses on the ground floor within the Elgin Industrial Area. (AM-
2008 -013)
2009 -130 A by -law to amend By -law No. 79 -200 to permit tourist commercial uses
within a portion of the Elgin Industrial Area.
2009 -131 A by -law to designate Blocks 2, 3 & 4, Registered Plan 59M -357, not be
subject to part lot control. (PLC- 2009 -01 Ascot Circle)
2009 -132
2009 -133
- 5 -
A by -law to authorize the execution of an Agreement with Oakwood Place
Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod
Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation,
Scott Group of Companies Inc., The TDL Group Corp., the Regional
Municipality of Niagara and the City of Niagara Falls, respecting the funding
of road improvements at the McLeod Road and Queen Elizabeth Way
interchange.
A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2009 -134 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Second Avenue )
2009 -135 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 10 day of August, 2009.
NEW BUSINESS
(18/4/2009) p Deari lorfida Derek Tidd
_ . __. Page1
From:
To:
Date:
Subject:
CC:
Dean:
Ted Salci
Dean Iorfida
7/20/2009 6:08 PM
Derek Tidd
Bill Matson
As you are very well aware, Derek Tidd was the inspiration and driving force behind the City's endeavor for the granting of its Coat
of Arms.
During our many discussions with Derek leading up to its recent unveiling at Canada Day, we became aware that Derek had also
had a Coat of Arms for his family granted.
As a thank you to Derek for his many years of preparation and fundraising for the City's Coat of Arms, I would like to request that
Derek be invited to a Council meeting where we can formally thank him for his efforts, not only in this project but also for his many
years as our Official Town Crier. I believe it might also be fitting at that time to offer Derek the opportunity to "unveil" his Coat of
Arms in a public forum.
Thank you for your consideration of this request.
Ted
August 10, 2009 PD- 2009 -51
Niag ra7all s
CANADA
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD- 2009 -51
Supplemental Report
26CD -11- 2008 -03, Draft Plan of Condominium (Conversion)
4218 Portage Road (East Side), North of Gallinger Street
Owners: Shaukat & Amina Parekh (Agent - Brian Sinclair)
RECOMMENDATION:
1. That the Plan of Condominium be draft approved subject to the conditions in the
attached Appendix.
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged.
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City Solicitor.
BACKGROUND:
Council deferred this matter on July 20, 2009, in order to provide notice to all tenants. Staff
advised all tenants of tonight's meeting and sent this report in a letter dated July 27, 2009.
Council originally considered the application (Report PD -2008 -106) at their meeting of
November 17, 2008. Several tenants spoke at the Council meeting and letters of concern
were submitted regarding security of tenure and evaluation of the condominium conversion
application. Specifically, the earlier report utilized the available vacancy rate data from the
Canada Mortgage and Housing Corporation survey of October 2007 which a tenant felt
was out of date information. Council deferred the application until after the release of the
October 2008 survey figures which occurred in December 2008. The reconsideration of
this application has been postponed while staff investigated and prepared an information
report on the condominium conversion process (PD- 2009 -44 was also deferred by Council
on July 20, 2009). The a ant's solicitor held a meeting with tenants on June 22, 2009.
5-356-7521. wwwniagarafallsca,
Working Together to Serve Our Community
Community Services Department
Planning & Development
August 10, 2009 - 2 - PD- 2009 -51
Proposal
The applicant proposes to convert the existing 19 -unit rental apartment to a condominium.
The plan of condominium will permit the individual ownership of each unit with the common
areas (e.g., hallways, driveways and open space) shared by the condominium corporation.
There is no new construction proposed. The property is on the east side of Portage Road,
north of Gallinger Street, as shown on Schedule 1. The building layout, open space and
parking /driveway areas are illustrated on Schedule 2.
Security of Tenure - Provincial Landlord and Tenant Legislation
The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord
and tenant matters. This Act contains specific sections to protect existing tenants in cases
of condominium conversions. Tenants cannot be evicted due to a conversion and have
the right of first refusal to purchase a converted unit. Rents cannot be increased based on
the conversion to condominium ownership and are regulated by Provincial guidelines. The
attached letter from the applicant's solicitor highlights that a tenant in a rental building may
be evicted if the landlord requires the unit for their personal use (or for a family member).
However, as a condominium, existing tenants cannot be evicted on this basis.
Municipal Rental Housing Policies
The City's Official Plan states that rental accommodation shall be protected and
discourages the conversion of rental units to condominiums when the vacancy rate is
below three percent. Although tenants' rights are protected by Provincial legislation, the
removal of rental units should not adversely affect the supply of affordable rental housing.
The Canada Mortgage and Housing Corporation (CMHC) survey from October 2008
indicates a vacancy rate of 5.2% for all apartment units in Niagara Falls. This overall
municipal rate has increased from 3.2% in 2007. The subject site is located just outside
of the City "core" (bounded by the hydro canal and Dunn Street as defined by CHMC) and
the apartment vacancy rate in this non -core area is 4.1%. Further analysis of the data
indicates vacancy rates for 1- bedroom units of 6.1% in the overall City and 3.7% within the
area including the subject land. As additional information, in the category of apartment
building size (6 to 19 units), the City -wide vacancy rate is 8.0% for October 2008 compared
to 3.7% in the previous survey. All of these CMHC figures exceed the Official Plan three
percent vacancy rate threshold. Therefore, the removal of these units should not have an
adverse impact on the City's overall rental housing supply.
The building contains 18 one - bedroom apartment units and one bachelor /studio unit. The
applicant estimates that the selling prices for the proposed condominium units will be
approximately $65,000.00 to, $80,000.00 which would provide affordable housing. The
average rent for a one - bedroom unit in the building is $725.00 which exceeds the average
of $705.00 from the CMHC survey for one- bedroom units in this area.
Regional Rental Housing Policies
The Region's Policy Plan states that Regional Council will not support the conversion of
rental housing to condominium ownership if the supply of affordable rental housing will be
adversely affected - a vacancy rate of three percent or more is considered desirable for a
healthy rental market. The vacancy rate throughout the major urban centres of Niagara
August 10, 2009 - 3 - PD- 2009 -51
is 4.3% for all apartment units in October 2008 (an increase over the 4.0% figure last year).
On this basis, the Region is not opposed to the conversion of these apartment units.
Site Assessment
The apartment building was constructed in 1974 in compliance with Zoning By -law
provisions in place at that time (site specific By -law 73 -94) and an approved site plan that
has since expired. The property is currently zoned Residential Apartment 5B Density
(R5B) in accordance with Zoning By -law No. 79 -200. Although compatibility with the
surrounding properties has been established over the years, the condominium conversion
process provides the opportunity to achieve site improvements in keeping with current
development standards and to formally recognize acceptable zoning by -law deficiencies.
The original Building Permit records for the development no longer exist. Information
submitted with the application lists tenant names for 19 units rather than 18 units as
indicated on the draft plan. Regardless of rental or ownership, compliance with Ontario
Building Code standards for the extra unit is needed.
The size of the property satisfies the minimum lot area requirements for the 19 units. The
existing development provides 28 parking spaces which complies with the current zoning
standard. However, the length of the parking stalls, width of the driving aisle and location
of spaces within the front yard do not meet the zoning requirements. It appears the side
yard width and balcony projections as well as the placement of the storage building in the
rear yard may not satisfy current by -law provisions. Staff is satisfied that the existing site
conditions can be recognized through a variance application.
Private waste collection service is provided. The garbage bin and recycling containers are
located at the east limit of the parking lot in a partially fenced area. A proper enclosure is
required to screen the garbage area. The Region requests a condition to formally advise
purchasers that the site does not satisfy the Region's policy for waste collection. There is
privacy fencing around the perimeter of the property. Several mature trees and
landscaping exist on the site. The land is within an old plan of subdivision (registered in
1926 - prior to typical parkland requirements) and cash -in -lieu of parkland dedication based
on the raw land value is requested as permitted by the Planning Act.
CONCLUSION:
The proposed conversion of the existing apartment development to condominium
ownership complies with Official Plan policy and can be supported. The rights of the
current tenants are safeguarded through the requirements of the Residential Tenancies
Act. The requested conditions of approval are listed in the Appendix.
Recommended by: /J, �„ oNe
Alex Herlovitch, Director of Planning & Development
Approved by: /04/1-Ce4
Respectfully submi ed:
Ed Dujl vic,� Executive Director of Community Services
Ken Todd, Chief Administrative Officer
R.Wilson:gd
Attach.
S: \PDR12009 \PD- 2009 -51, Supplemental Report, 26CD- 11- 2008 -03, 4218 Portage Road, Draft Plan of Condominium.wpd
August 10, 2009
-4
APPENDIX
Conditions of Draft Plan of Condominium Approval
"Purchasers /tenants are advised that due to the site layout, waste
collection for this development cannot be provided by the Regional
Municipality of Niagara; therefore, waste collection will be provided by
the condominium corporation through a private contractor."
PD- 2009 -51
1. Approval applies to the 4218 Portage Road Draft Plan of Condominium prepared
by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated February
29, 2008, showing an apartment building containing 18 dwelling units, open space
and parking /driveway areas (revised plans need to show the existing 19 units).
2. The developer enter into a registered Condominium Subdivision Agreement with the
City to satisfy all requirements related to the development of the land.
3. The developer submit a Solicitor's Certificate of Ownership for the property to the
City Solicitor prior to the preparation of the Condominium Subdivision Agreement.
4. The developer obtain final approval from the City's Committee of Adjustment for
variances to recognize any zoning by -law provision deficiencies for the property
including parking stall size, driving aisle width, parking in the front yard, side yard
width, balcony projections and storage building setbacks.
5. The developer submit information verifying compliance with the Ontario Building
Code for the extra unit in the apartment building or undertake any necessary
alterations to the satisfaction of the Building Division.
6. The developer submit a plan showing the proposed garbage enclosure details for
the review and approval of Planning & Development and construct the enclosure to
the City's satisfaction. (Note - the garbage area may need to be shifted slightly to
the east to allow proper vehicle manoeuvring in the parking area).
7. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw
value of the land.
8. The developer submit a request to Fire Services to designate through municipal by-
law a fire access route on the property, if required.
9. The developer provide an updated Human Resources section of the building's Fire
Safety Plan to Fire Services if there is a change of ownership.
10. The condominium agreement between the developer and the City of Niagara Falls
and all offers and agreements of purchase and sale or lease for each dwelling unit
contain the following warning clause:
11. The developer provide five copies of the pre- registration plan for the condominium
to Planning & Development.
August 10, 2009 - 5 - PD- 2009 -51
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice
from applicable City Divisions and the following agencies indicating that their respective
conditions have been satisfied:
Regional Niagara Public Works Department for Condition 10
Proposed Plan of Condominium
4218 Portage Road
26CD- 11- 2008 -03
Copyright 2008 - City of Niagara Falls
Subject Land
SCHEDULE 1
Location Map
November 2008
PART 1, PLAN 59R -7418
5 1 PM 0
Draft Plan d Condortinitm Conversion d
PART OF BLOCK "A"
REGISTERED PLAN 56
City of Niagara Fall
REGIONAL MUNICIPALITY OF NIAGARA
SCALE 1 : 250
Matthews, Cameron, Heywood - Kerry T. Howe
SURVEYING LIMITED
LLN: 38306
2008
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PART 2, 59R -6437 � � _ _ �_ - - -
PART 3, — — PART 7 PART 8, 59R -6437 — -- -- — — [PARfi 109�t -6437
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CRY OF NIAGARA FALLS
KEY PLAN (not to scale)
ADDITIONAL INFORMATION REQUIRED UNDER SECTION
51 OF THE PLANNING ACT AND UNDER SECTION 9
OF THE CONDOMINIUM ACT 1998
(A) -AS SHOWN ON GRAFT PLAN
(B) -AS SHOWN ON DRAFT PLAN
(C) -AS SHOWN ON DRAFT AND KEY PLANS
(5) -THIS IS A PROPOSED CONDOMINIUM CONVERSION OF 18 UNITS
(8) -AS SHOWN ON DRAFT PLAN
(F) -AS SHOWN ON DRAFT PUN
(G) -AS SHOWN ON DRAFT PLAN
(R) - MUNICIPAL
(2) -SANDY LOAM
(J) -LAND IS GENERALLY FLAT
(K) -ALL MUNICIPAL SERVICES AVAILABLE
(5) -NONE
LAND USE ANALYST$
LOT AREA 2992 sq.rn
BUILDING AREA 657 eq.m
BUILDING COVERAGE 22X
LANDSCAPE /OPEN SPACE 48X
PARKING AND LANEWAY COVERAGE 301
NUMBER OF UNITS 18 1- bedroom units
PARKING 28 spaces
—denotes boundary of site
OWNER'S CERTIFICATE
1 HEREBY AUTHORIZE MATTHEWS, CAMERON, HEYWOOD - KERRY
T. HOWE SURVEYING UMITEO TO SUBMIT THIS PLAN TO THE CITY
OF NIAGARA FALLS FOR THEIR APPROVAL
SRILMAT PM001
February , 2008
Date ALNIYA PAR004
O"PBIB AB JONI TENAIRW
SURVEYOR'S CERTIFICATE
1 HEREBY CERTIFY THAT THE BOUNDARIES OF THE LAND TO BE
SUBDIVIDED ARE CORRECTLY SHOWN.
February 20, 2008
Date
Nln He
slat Lan �/er
MATTHEWS, CAMERON, HEYWOOD• KERRY HOWE SURVEYING LTD,
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June 24, 2009
Mr. Richard Wilson
Planning & Development
City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
NIAGARA FALLS, Ontario
iJ2E 6X5
Dear Rick:
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIAN N. SINCLAIR, Q C.
Barrister and Solicitor
6617 Drummond Road
Niagara Falls, Ontario
L2G 4N4
TEL: (905) 356 -7755
FAX: (905) 356 -7772
Re: Trade A Dollar Inc. (Shaukat & Amina Parekh)
Condominium Conversion Application
4218 Portage Road (East Side) North of Gallinger Street
Your File No. 26CD -11- 2008 -03
In connection with the above matter, please be advised that I had a
meeting with the tenants at 7:00 p.m. on Monday, June 22 " There
were seven tenants in attendance and we spent approximately one
hour and forty -five minutes in a detailed discussion of the matter.
I indicated to them, and I think that most of them probably
understood, that it is advantageous for them to have a condominium
as opposed to the existing rental situation. They are obviously
concerned about security of tenure. I pointed out to them that
under Sections 48 & 49 of the Residential Tenancies Act the
existing landlord can give them notice to vacate for a use of the
landlord or his children. When it is converted to a condominium,
Sections 51(1) and 51(2) indicate that this is not possible in the
event of a conversion. I am enclosing a copy of these two sections
for your information. When the property is converted to a
condominium, of course, all of the other sections of the
Residential Tenancies Act apply so that the tenants are protected
and, of course, have the additional protection of Se
PI_ANN!'.' :,
$ DE "F.LQ° • SHIT
Planning
Scanned
JUN 2 : '2`:99
I further indicated to them that on a condominium conversion there
will be conditions applied. The main condition will be the
necessity of having a site plan which would include site plan
improvements to the property which would, of course, be beneficial
not only to the property but to the tenants.
There would be requirements for the building to be inspected by an
Engineer to make certain that it is structurally sound and in
proper compliance with the existing codes, including fire codes.
I also indicated to them that there would be a requirement for the
landlord to pay 5%. for park dedication and any other requirements
that the City deems necessary on the conversion.
After lengthy discussions, I believe that the majority of the
tenants were satisfied with our discussions.
If I can be of any further assistance, please advise.
Yours faithfully
BRIAN SINCLAIR PROFESSIONAL CORPORATION
L/ �
Bri • �r "S 'ficlair, Q.C.
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: Library Board Vacancy
Niagara
CANADA
DATE: August 10, 2009
The Niagara Falls Public Library Board has had two recent resignations (Guy Prata and Blake
McIntyre).
The Clerks Office has the list of unsuccessful candidates and the number of votes they received, from
the beginning of the Council term. Most of the candidates received one or no votes, with the
exception of Eric Sheridan, who received four (4) votes and was next in plurality.
Of the remaining candidates, the Library Board has recommended that Barbara Ness fill the vacancy.
Ms. Ness has served on the Board in the past.
Failing the existing list of candidates, the Board recommends Anne Andres - Jones, a former Board
member (see e -mail from Board Chair, Carm Dix).
Remaining Candidates
John Beam
Tony Caruso
Richard Earl Gay
Margaret Mingle
Barbara Ness*
Margaret Northfield
Eric Sheridan* *
Pat Taylor
Harriett Worden
*Preferred candidate by the Public Library Board
* *Next on the list of candidates in plurality.
Failing a successful motion to fill the vacancies, a ballot vote could take place.
RECOMMENDATION: That Council choose two (2) candidates to fill the vacancies of the
Public Library Board.
Working Together to Serve Our Community
Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development
8/6/2009) Dean lorfida Library Board
From: CARMAN DIX <cdix @sympatico.ca>
To: <diorfida @niagarafalls.ca>
Date: 8/5/2009 8:59 PM
Subject: Library Board
Hi Dean; Sorry I keep missing you when I phone.
The Library Board met and at that time we only had Guy Prata's resignation to deal with. We thought that
we could only look at the people who had applied in the last go-round, and Barbara Ness would be
welcomed back on the Board.
Blake's letter came today, since my call to you, and although we knew it was coming we couldn't
recommend anyone else on the list to take his place. We will be content to function one member short.
If there is a possibility that Council would appoint someone not on the list the person we discussed is Anne
Andres - Jones, a former Board member who didn't apply last time because her job with the public school
board was changing. She is a literacy teacher now and will be applying for appointment to the Lib. Bd.
when the next opportunity arises.
Sorry to be so long- winded.
Carm
Page _1 ,
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
NiagaraFalls
CA \A UA
DATE: August 10, 2009
RE: Accuchek Cyclebetes Relay
It is staff's understanding that the Councillors were copied on an e -mail concerning a request for
sponsorship for the event noted above.
The event is a worthy endeavour, however, the municipality does not traditionally sponsor these
kinds of events financially.
Staff would suggest that it would be more appropriate to consider in -kind donations, if possible, or
a grant equal to any fees associated with road closures; however, it is our understanding that the relay
does not even go through Niagara Falls.
Individuals are obviously free to make a personal donation should they choose but staff does not
recommend a financial sponsorship.
RECOMMENDATION: That the request for financial sponsorship be received and filed.
Working Together to Serve Our Community
Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development
»> "Dave McLeod" <.dmcleod2C@cogeco.ca> 7/27/2009 8:45 PM »>
Hello everyone,
I had sent this email out to you all almost 2 weeks ago and so far I have
had no response. I am not sure if you all received it or not as I chose the
option of sending to the councilftniagarafalls.ca email address, in case you
have not received this here you are. I have also tried to contact someone
in the Finance Dept at City Hall and have even left a message but have not
received any response from them either. I look forward to hearing from you
all. Thank You.
My name is David Mcleod, I have met and talked with some of you previously
but this time I would like to talk to you about something that is very
personal to me. I am part of a Canada Wide Tandem Bike Relay called
CYCLEBETES that is taking place this summer starting August 23rd in Halifax,
Nova Scotia and ending September 13th in Victoria, B.C. involving people
from every Province who have joined together to raise money to help find a
cure for Juvenile Diabetes. I am taking part in this Relay for my son
Connor who was diagnosed at 2 1 /2yrs of age on Thanksgiving Weekend in 2006,
the same weekend I met some of you. I am writing to you now to ask the City
of Niagara Falls to sponsor me as I ride across Ontario to raise money to
fund research to find a cure for this awful disease. I was unsure as how to
approach City Hall and the Province about acquiring a sponsorship so I
figured my best bet was to contact you all.
;(8/5/2009) Dean lorfida Re Accuchek Cyclebetes Relay'
Paget
I start my part of the relay with my team Team Western Ontario
in Alliston, ON and we ride nonstop to the Manitoba border from there.
There is a lot of info pertaining to this so please read below and visit the
CYCLEBETES website for more info or please feel free to contact me by email
or phone for more information. My contact #'s and times are:
Home - 905 - 353 -8976 6:30pm - 11:OOpm, Cell - 905- 933 -1699 and work -
905- 687 -8440 Ext. 2238 8:30am to 5:OOpm, a message can be left at all
numbers if I am unavailable. I hope the City of Niagara Falls can
contribute to a great cause such as this, but if not possible a personal
sponsorship would be greatly appreciated.
Below is an email I have circulated around to family and
friends, I encourage you to read it as it contains info about CYCLEBETES and
the man who started it by making a promise to his daughter about finding a
cure. You will also find a link to my personal Sponsor page where I have
posted a personal message. Please pass this on to anyone you feel may wish
to participate or sponsor me for this relay. I look forward to hearing from
all of you and I take pride n being the sole representative of the Niagara
Region in the World's Biggest Tandem Bike Relay, CYCLEBETES!
Thank you for your time,
Sincerely,
David McLeod.
Hello Everyone,
I just wanted to take this moment to let you know about a fundraising event
I am taking part in this year. I am participating in an across Canada
Tandem Bike Relay called 'CYCLEBETES' in order to raise funds to help find a
cure for Type 1 Juvenile Diabetes. I am doing this for my son Connor who
was diagnosed with Type 1 Juvenile Diabetes when he was 2 1 /2 years old.
Connor turned 5 in April and is a ball of energy. He loves playing soccer,
riding his bike and camping. As much as he enjoys these things, diabetes is
a constant presence with finger pokes to check his blood sugar, to 3 -4
insulin injections a day and making sure he eats his snacks on time to keep
his blood sugar in range. I am riding with the hope that one day there will
be a cure for Diabetes and he can play without having to worry about doing
those things anymore.
I am riding as a member of Team Western Ontario. I will be riding from
Barrie to the Manitoba border where we pass off the "Insulin Vial Baton" to
8/5%2009) Dean lorfida Re Accuchek Cyclebetes Relay w...., Page 3
Team Manitoba. As part of my team goal I am hoping to raise $2500.00 for
the Relay. Please help me reach my goal and sponsor my ride across Ontario
to find a cure for Juvenile Diabetes. To learn more about CYCLEBETES you
can go to their homepage http: / /www.cvclebetes .com /index.php ?paoelD =1 or
read the attachment included in this email. I am hoping you will help me
by sponsoring my ride across Ontario. You can do this by visiting my webpage
below or by getting in touch with us so we can add you to our sponsor sheet.
So help me find a cure for Diabetes. Thank you very much for your
sponsorship. You can sponsor me by cash, check or online. If you wish to
sponsor by cash or check please let us know so we can make arrangements to
get in touch with you.
http://my.e2rm.com/personalpage.asox?registrationID=585556
< http: / /my.e2rm. com /oersonalPage .aspx ?registrationlD = 585556 & LangPref= en -CA>
&LangPref =en -CA
Please feel free to pass this on to anyone you think may be interested in
sponsoring or taking part in the relay. Thanks.
Sincerely,
Dave McLeod
August 10, 2009
Members:
Re:. CPS - 2009 -07
Grant Programs Applications Update
RECOMMENDATION:
Approved by:
Respectfully submitted:
Attach:
V:\2009000NCIL\2009 08 10 \CP
Niag araa1ls
CANADA
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
3. That the capital projects implementation plan be endorsed as per Attachment 1.
BACKGROUND:
CPS - 2009 -07
1. That the 2009 -2013 Capital Project Budget be amended to add and /or revise the eight
projects funded through the ICF, RInC and JEPP grant programs, totaling $9,612,909
as per Attachment 1.
2. That $3,199,500 funding by the City for the eight capital projects be approved as per
Attachment 1.
The Federal and Provincial governments announced late in 2008 and into 2009, a number
of infrastructure grant programs that municipalities were able to apply for funding.
.The City of Niagara Falls has been successful in obtaining funding for eight projects from
the Infrastructure Canada Fund, the RInC and JEPP programs. The additional funding will
change the 2009 -2013 Capital Projects Budget and will require the City to fund $3,199,500
of the total cost of $9,612,909.
The expenditures and funding of the eight capital projects and their implementation plan
is detailed in Attachment 1.
Ken Burden, Executive Director of Corporate Services
Ken To d, Chief Administrative Officer
,Can. ada L2E 6X5; 905 www:niagarafalls.ca,
- Grant Programs Applications Update.wpd
Working Together to Serve Our Community
Community Services Department
Parks, Recreation & Culture
Project Description
Total Capital
Value
Contribution Funding
Source
Total Funding
Value
Time Line
Patrick Cummings Memorial Sports Complex
1. Field Lighting / Electrical Systems
A. Primary Duct Bank
1. Play Area Washroom & Site Work
Design & Specifications - July to August 2009
2. Baseball Shade Structure
Tender Phase - August to September 2009
3. Multi-Use Youth Area & Site Work
4. Play Area
$ 200,000
$ 75,000
Federal
Provincial
$ 654,500
$ 654,500
Construction - September to October 2009
B. Electrical Shed
Parking
Pathways
$ 85,000
$ 100,000
$ 1,309,000
Design & Specifications - July
8n P Y to August 2009
6. Multi -Use S orts Field natural
Sports ( )
$ 100,000
Tender Phase - August to September
7.
8. Soccer Pitch (natural)
South Parking Lot
9. Electrical Room Creation
$ 250,000
$ 200,000
$
City:
Deve. Charges
Debt
$ 212,581
$ 441,919
Construction - October to November 2009
C. Lighting Poles / Luminares
Design & Specifications - August to September
p ember 2009
10. Sports Field Lighting
200,000
$ 75,000
$ 654,500
Tender Phase - September to October 2009
Construction - December 2009 to January 2010
$ 500,000
D. Baseball Field & Pathway Electrics
I I. Consultant Services (10 %)
$ 178,500
Design & Specifications - August to October 2009
Tender Phase - October to November 2009
Construction - January 2010 to May 2010
TOTALS
$ 1,963,500
$ 963 500
2. New fields, youth area, paved pathways and parking area
A. Rough Grading, Parking Areas and Site Servicing
Design & Specifications - August to October 2009
Tender Phase - October to November 2009
Construction - December 2009 to June 2010
B. Sports field, Youth area, Pathways, Landscape Construction
Design & Specifications - October 2009 to January 2010
Tender Phase - January to March 2010
Construction - July to October 2010
3. Structures
A. Play Area Washroom Building Structure
Design & Specifications - August to September 2009
Tender Phase - September to October 2009
Construction - November 2009 to January 2010
B. Play Area Washroom Building Interior Finish
Design & Specifications - October to November 2009
Tender Phase - November to December 2009
Construction - January 2010 to March 2010
C. Shade Structure
Design & Specifications - August to September 2009
Tender Phase - October to November 2009
Construction - May - June 2010
ATTACHMENT 1
SUMMARY
Project Description
Total Capital
Value
Contribution Funding
Source
Total Funding
Value
Time Line
FH Leslie Park Improvements
Splash pad renovation and playground improvements
1. Pool Upgrades
$ 115,000
Federal
$ 90,000
Design & Specifications - January to March 2010
2. Play Area Renovation
$ 75,000
Provincial
$ 90,000
Tender Phase - April to June 2010
3. Splash Pad Renovation
$ 80.000
$ 180,000
Construction - September to December 2010
City:
Pool Liner Replacement
Reserves
$ 90,000
October 2009 - Preparation of specifications and tender project
TOTALS
November/December 2009 - Award tender
$ 270,000
$ 270,000
April/May 2010 - installation of new liner
Kalar Park 'Home for Girls Soccer' Building
(accessible washroom building)
Federal
Provincial
$ 110,000
$ 110,000
Option A. Typical Hygrade Park Building (Accessible Washrooms, Concession, Staff Office)
Design & Specifications - August /September 2009
1. New Sanitary Line installation and servicing
$ 130,000
$ 220,000
Tender Phase - October 2009
2. Park Building - accessible washrooms, staff
$ 100,000
City.
Construction Phase - October to December 2009
room
3. Building Fixtures & Servicing
$ 80,000
Deve. Charges
Reserve
$ 35,728
$ 74,272
Expected Completion - December 2009 (or alternatively Spring 2010 should weather conditions cause delays
in fall)
4. Consultant Services
$ 20,000
Option B. Hygrade or Block Style Building (Changerooms, accessible washrooms, staff office,
concession, storage ....)
Design & Specifications - September to November 2009
Tender Phase - January / February 2010
Construction Phase - March 2010 to June 2010
Expected Completion - June 2010
Note: Dates to start and complete project are based on existing size of building, and scope of project as per
TOTALS
$ 330.000
$ 330,000
RINC submission.
Millennium Recreation Trail Section 4 (Morrison
Federal
$ 123,333
Millennium Trail Section 4 Development
Street to Thorold Stone Road)
$ 150,000
Provincial
$ 123,333
Design & Specifications - September to October 2009
1. 1.4 km of paved recreation trail (3m wide)
$ 150,000
$ 246,666
Tender Phase - January / February 2010
2. New galvanized chainiink fencing
$ 40,000
City:
Construction - April to June 2010
3. Park Signage, benches, armourstone, features
4.
Deve. Charges
$ 40,058
Expected Completion Date - July 2010
Landscaping - tree planting, seeding
$ 30,000
Debt
$ 83,276
* notes: licence agreement with OPG still is required .
TOTALS
$ 379.000
$ 370,000
Mitchelson Park Improvements
Splash pad conversion and playground Improvements
1. Site work & decommission wading pool
$ 50,000
Federal
$ 83,333
Design & Specifications - August to September 2009
2. Spray Pad Construction
$ 200,000
Provincial
$ 83,333
Tender Phase - September to November 2009
$ 116,666
Construction - November 2009 to June 2010
City
Debt
$ 83,334
TOTALS
$ 25000
$ 250 000
Project Description
Total Capital
Value
Contribution Funding
Source
Total Funding
Value
Time Line
Oakes Park Improvements
1. Outdoor
Federal
$ 71,667
1. Track & Field resurfacing Improvements
6 lane track & field areas resurfacing
$ 145,000
Provincial
$ 71,667
Design & Specifications - August 2009
2. Upgrades to Sports Lights for Diamond #1
$ 65,000
$ 143,334
Tender Phase - August /September 2009
City:
Contraction - September to October 2009
Debt
$ 71.666
Expected Completion Before - November 2009 ( ** alternatively if track events cannot be rescheduled in
fall to accommodate work, or weather conditions delay project, expected completion would be in April 2010)
2. Upgrades to Wiring for Existing Sports Lights on Baseball Diamond 61
Design & Specifications - August /September 2009
Quotation Phase - September 2009
$215.000
Construction - October to November 2009 (Fall 2009)
TOTALS
$ 215.000
Expected Completion Before - November 2009
Drummond Road Reconstruction
1. Engineering Fees
$ 320,000
Federal
Provincial
$ 2,066,667
$ 2.066,667
Start of Construction Work - 2009 -10 -01
2. Land
3. Roads
$ 115,.000
$ 2,340,000
City:
$ 4,133,334
Completion of Construction Work- 2010 -11 -01
4. Storm Sewers
$ 926,000
Development Charges at 85%
$ 85,000
5. Water
6. Sanitary Sewers
$ 1,418,800
$ 658,000
External nt Contribution Grant
Investing in Ontario Grant
$ 410,000
$ 513,773
7. Site Work
$ 340,000
Reserve
$ 266,579
8. Contingency
$ 82.200
Transfer from Sewer Budget
$ 280,000
Transfer from Water Budget
$ 511.314
TOTALS
$ 6,200,000
6,200,000
Specialized Emergency Equipment
Decontamination Tent
$ 14,409
Federal
$ 14,409
Emergency Portable Generator
GRAND TOTALS
1. Parks, Recreation & Culture 'Projects
$ 3,398,500
RinC
$ 2,265,666
2. Municipal Works Projects
$ 6,200,000
ICF
$ 4,133,334
3. Fire Projects
$ 14.409
JEPP
$ 14,409
CITY
$ 3,199,500
< Development Charges $ 373,367
Reserves $ 514,127
Debt $ 596,919
External Contribution $ 410,000
Investing in Ont. Grant $ 513,773
Water Budget $ 280,000
Sewer Budget $ 511,314
TOTALS
$ 9,612,909
$ 9,612,909
$ 3,199,500
August 10, 2009 F- 2009 -40
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F- 2009 -40
2008 Capital Accounts
RECOMMENDATION:
For the information of Council.
BACKGROUND:
Niagara,F'alls
Attached is a copy of the capital account summary by department for 2008. These capital
projects are carry-overs from previous years and new projects started in 2008. Approval
for the projects is from the annually- approved Capital Projects Budget and from Council
approvals during the year.
Opening Balance
In the opening balance column, the bracketed amounts had outstanding
costs as at the beginning of 2008 and the non bracketed amounts required
funding as at the beginning of 2008.
Revenue for 2008
Revenue for 2008 came from the following sources:
Operating Accounts
Reserve and Reserve Funds
Grants / Donations
Outside Agencies
$17,793,203
7,418,487
2,249,494
19,167,618
46,628,802
1 Queen Street PO Box 1023; Niagara Falls ON; Canada L2E 6X5 ._905= 356 - 7521 wwwniagarafalls:ca
Working Together to Serve Our Community
Corporate Services Department
Finance
August 10, 2009 - 2 - F- 2009 -40
C. Luey
Expenses for 2008
The expenses are authorized and approved invoices submitted to accounts
payable for payment.
Closing Balance
The credit balance column totalling $13,928,208 reflects funded projects that
still have outstanding expenditures.
The debit balance column totalling $35,876,914 reflects unfunded projects.
The funding sources for these are:
Recommended by:
Approved by:
Respectfully submitted:
Operating Accounts
Reserves & Reserve Funds
Outside Agencies
Debt
This report is intended to provide general information for the 2008 capital account activity.
y r Todd arrison, ire�t r of Finance
o it
$ 3,249,812
14,044,411
3,968,866
14,613,825
$35,876,914
Ken urden, E$cutiv Director of Corporate Services
Ken odd, Chief Administrative Officer
CATEGORIES
CITY OF NIAGARA FALLS
Summary of Capital Account Activity
for the Year Ending December 31, 2008
Opening Closing
balance 2008 2008 balance debit credit
Jan. 01 revenue expense (funded) / unfunded balance balance
(funded) / unfunded Dec. 31/08 unfunded unexpended
#100000 - General Government (13,842,342) 18,851,303 26,307,809 (6,385,836) 224,305 (6,610,141)
#210000 - Fire Services (1,309,105) 520,780 2,931,682 1,101,798 1,248,950 (147,152)
#310000 - Roadways 111,207 11,564,580 10,934,308 (519,064) 1,130,782 (1,649,847)
#330000 - Transit Services (31,890) 243,311 324,595 49,393 147,629 (98,236)
#340000 - Parking Services 409,568 848,799 836,982 397,751 398,359 (608)
#370000 - Transportation Srvs (3,832) 1,745,500 1,184,381 (564,951) (564,951)
#380000 - Buidling & Property Srvs 157,605 368,000 85,580 (124,815) 152,817 (277,632)
#390000 - Other Transportation Services
#410000 - Sanitary Sewer Services 7,469,737 3,939,423 6,289,947 9,820,261 12,226,200 (2,405,939)
#420000 - Storm Sewer Systems 6,764,619 4,584,420 3,983,035 6,163,235 7,446,110 (1,282,875)
#430000 - Waterworks Systems 315,678 1,228,538 1,786,402 873,542 1,417,863 (544,321)
#450000 - Waste Disposal Services (163,695) (163,695) (163,695)
#540000 - Cemetery Services (701) 58,923 59,624
#710000 - Parks Services 786,672 1,030,286 799,895 556,280 602,111 (45,831)
#730000 - Recreational Facility Services 5,662,885 1,467,714 6,620,376 10,815,547 10,857,577 (42,030)
#820000 - Commercial Industrial Services 14,299 122,000 36,961 (70,740) 24,210 (94,950)
#740000 - Library Services (666) 55,224 55,890 (0) (0)
6,340,040 46,628,802 62,237,468
Balance in Capital Holding Rsv
21,948,706
(13,006,436)
35,876,914 (13,928,208)
August 10, 2009 F- 2009 -41
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario.
Members:
Niagara,Falls
Re: F- 2009 -41
2008 Reserves and Reserve Funds
RECOMMENDATION:
That City Council review and approve the 2008 transfers to reserves and reserve funds.
BACKGROUND:
Reserves and reserve funds are authorized by City Council via The Municipal Act and other
legislation. Reserves and reserve funds are designated by Council approval for a variety
of operating and capital uses. This designation process enables Staff to plan the
implementation of services and capital projects using reserves and reserve funds as a
source of funding in future years. The following is a brief explanation of the kinds of
reserves and reserve funds.
RESERVES
When reserves are created, the amounts are appropriated from net revenue in the same
year and then used for those same purposes in a subsequent year. While reserves may
be established for any municipal purpose, the most common is as follows:
1. Reserve for working funds
In most municipalities, accounts have to be paid before taxes, grants and other
revenues become available, including revenues still to be collected for the previous
year.
A municipality can obtain a short-term loan to meet this need, but borrowing incurs
interest charges. In order to reduce and, if possible, avoid short-term borrowing, a
working fund reserve is one financial management technique that can be helpful. It
is also a cash management device to enhance cash flow.
ueen5treet
arafalls ON, L2E6X5 905- 356 - www.niagarafalls.ca
Working Together to Serve Our Community
Corporate Services Department
Finance
F- 2009 -41 - 2 - August 10, 2009
2. Reserve for contingencies
Such a reserve is established in anticipation of unknown expenditures or liabilities
such as emergency repairs, damage claims, etc. If a reserve for contingencies is not
created, it could have a significant effect on the future tax levy of the municipality
should the liability actually materialize.
3. Reserve for equipment replacement
Major items of equipment have to be replaced on a regular basis. In a municipality,
such a reserve eliminates the need to levy for the full cost of the equipment in the year
of acquisition. This avoids the resulting fluctuation in the tax levy from year to year.
RESERVE FUNDS
A reserve fund differs from a reserve in that reserve fund assets are segregated and
restricted to meet the purpose of the reserve fund. There are two types of reserve funds:
obligatory reserve funds and discretionary reserve funds.
Obligatory reserve funds are to be used solely for the purpose prescribed for them by
Statute.
► Park Purpose
► Municipal Parking
► Development Charges
Discretionary reserve funds may be used for a number of different purposes. Some
examples of these are:
► Future expenditures for capital projects
► Debt retirement
► Levy or user fee stabilization
► Promotion of special projects
Attached is a copy of the reserves and reserve funds for 2008 showing the balances at
January 1, 2008, the amounts added, the amounts used in 2008, and the balances at
December 31, 2008.
Recommended by:
Approved by:
Respectfully submitted:
C. Luey
Todd Ha rison,
i ector of Financial Services
/(Vrx,v,e,„
K. E. Burden, Executive Director of Corporate Services
Ken To , Chief Administrative Officer
RESERVES
OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING
JAN.1 /08 CONTRIBUTIONS USES USES USES DEC. 31/08
TOTAL RESERVES
CAPITAL HOLDING RESERVE
RESERVE FUNDS
(Set aside by Council)
2008
CITY OF NIAGARA FALLS
RESERVES AND RESERVE FUNDS
Special Purposes 17,210,729.93 7,025,882.65 (4463,521.64) (513,248.60) (4,976,770.24) 19,259,842.34
Working Capital 265,000.00 - 265,000.00
Watermain Improvements - -
Metering Program
17,475,729.93 7,025,882.65 (4,463,521.64) (513,248.60) (4,976,770.24) 19,524,842.34
13,628,138.13
18,213,861.69 - (18,835,564.32) (18,835,564.32) 13,006,435.50
Obligatory
Development Charges 341,266.25 10,886.20 (43,500.00) - (43,500.00) 308,652.45
Development Charges bylaw 99 -144 11,614,157.80 3,645,261.54 418,604.50 (4450,605.21) (4,032,000.71) 11,227418.63
Federal Gas Tax Rebate - Infrastructure 91,006.76 1,292,007.94 (826,000.00) - (826,000.00) 557,014.70
Federal Gas Tax Rebate - Transit 280,406.18 10,250.36 - (146,965.45) (146,965.45) 143,691.09
Transit Gas Tax Rebate 1,436,878.59 1,207,384.76 (532,000.00) - (532,000.00) 2,112,263.35
2% Prklnd Dedictn - Chippawa 1,750.00 13,882.73 - - 15,632.73
2% Prklnd Dedictn - River Road 2,802.43 84.39 2,886.82
2% Prklnd Dedictn - Whirlpool 33,250.00 483.28 33,733.28
2% Prklnd Dedictn - Lundy's Lane 92,425.94 43,057.85 - - 135,483.79
2% Prklnd Dedictn- Fallsview 591,847.45 62,986.61 21,207.77 21,207.77 676,041.83
2% Prklnd Dedictn - Clifton Hill 258,940.33 12,886.37 7,758.49 7,758.49 279,585.19
Discretionary
CollinsJToby - Debenture 98 -2001 39,044.80 1,516.00 (10,000.00) (10,000.00) 30,560.80
Erwin/Bamett - 40 yr licence agreement 17,995.32 666.01 (1,863.84) (1,863.84) 16,797.49
Long - 40 yr licence agreement 13,376.33 501.31 (1,383.76) (1,383.76) 12,493.88
Terrio - 40 yr licence agreement 15,516.49 526.43 (1,412.00) (1,412.00) 14,630.92
Sick Leave Liability 1,073,533.35 57,724.64 40,471.68 40,471.68 1,171,729.67
L.L. Battlefield Debenture 98 -2001 56,891.98 1,897.05 (14,500.00) (14,500.00) 44,289.03
Workers Compensation 636,039.36 56,628.64 (485,882.27) (485,882.27) 206,785.73
Fire Stn #5 - Willoughby - Mtg fund 62,351.87 2,935.09 (15,224.69) (15,224.69) 50,062.27
NF Hydro - Debenture #8416 -96 - -
Recreation Trail Development 53,593.83 16,204.08 - 69,797.91
Capital/Operating Fund 6,447,419.21 351,766.23 249,149.36 249,149.36 7,048,334.80
Tree Planting - Developers 16,729.89 553.34 (16,021.12) - (16,021.12) 1,262.11
Park Development 118,024.67 4,330.80 (105,159.67) (105,159.67) 17,195.80
Sewer and Water Impost 1,205,163.78 64,743.62 44,587 99 - 44,587.99 1,314,495.39
Expansion and Renewal 209,151.08 10,697.79 7,040.94 7,040.94 226,889.81
Conrail Drainage 580,286.27 30,879.96 19,910.35 19,910.35 631,076.58
Prepaid Subdivision Work 186,222.04 9,136.46 5,234.64 5,234.64 200,593.14
Sidewalk Construction 272,221.59 16,808.50 8,132.40 8,132.40 297,162.49
Future Municipal Works 749,258.16 39,752.03 26,827.58 26,827.58 815,837.77
Lot Drainage 150,618.51 6,950.47 3,458.61 3,458.61 161,027.59
Library Special Projects 301,570.87 9,887.65 - - 311,458.52
Library Property Maintenance 221,074.87 46,677.65 - 267,752.52
Library Automation Fund 270,821.30 37,455.63 - 308,276.93
Sanitary (Recycling Surplus) 359,630.31 18,429.80 11,684.49 11,684.49 389,744.60
Sports Fnd - new equip /program 4,730.86 151.25 - 4,882.11
Projs- Special Needs' Children 14,881.45 501.31 15,382.76
Heritage Week 56,125.42 1,883.59 58,009.01
Coat of Arms 2,172.01 72.71 2,244.72
Niagara Tunnel - Comm'ty Imprvmt 842,916.29 37,773.70 (282,945.73) (282,945.73) 597,744.26
OPGAgreement 113,488.74 4,169.84 (117,658.58) (117,658.58) -
Water Patrol Boat 28,490.26 3,439.31 - 31,929.57
Branscombe Family Grant 3,390.21 280.74 - 3,670.95
Convention Centre 18,028,257.78 18,486,195.77 (50,989.96) (50,989.96) 36,463,463.59
Fire - Interop Radios Debenture - bylaw 56 -2006 64,381.34 2,168.68 - - 66,550.02
Fire - Aerial Firetruck Debenture - 175,128.41 - 175,128.41
RESERVE FUNDS
(Set aside by Legislation)
Public Purpose (Planning Act) 947,193.79 157,345.60 11,783.77 (488,918.85) (477,135.08) 627,404.31
Municipal Parking 924,371.01 62,333.05 19,424.49
(364,956.86) (345,532.37) 641,171.69
TOTAL RESERVE FUNDS 48,831,666.77 26,017,285.17 (1,504,104.89) (5,556,606.04) (7,060,710.93) 67,788,241.01
TOTAL OF ALL RESERVES & RESERVE FUNDS 79,935,534.83 51,257,029.51 (5,967,626.53) (24,905,418.96) (30,873,045.49) 100,319,518.85
ADD: Museum Reserve Funds 166,018.00 - 166,018.00
Outstanding Taxes @ May 31, 2009
$ 25,407,048
Taxes Billed and Due June 30, 2009
$ 19,893,559
Penalty charged in June
$ 253,163
Taxes Collected during June
$ 20,367,490
Outstanding Taxes @ June 30, 2009
$ 25,186,280
Taxes Billed and Due September 30, 2009
$ 19,893,559
Total Taxes to be Collected
$ 45,079,839
August 10, 2009 F- 2009 -39
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F- 2009 -39
Tax Receivables Monthly Report
RECOMMENDATION:
For the information of Council.
BACKGROUND:
Niagara,Falls
C A N A D A
This report is being provided as part of the monthly financial reporting to Council by staff.
During June 2009, the final taxes were levied on residential, farmland, managed forest and
pipeline properties only and the third installment for 2009 was due. The financial data at
June 30, 2009 reflects these transactions as well as staffs ongoing tax collection efforts.
The chart below summarizes the monthly activity.
peen Street,
anada 12E 6X5 '905- 356 -7521 www.niagarafalls.ca.
Working Together to Serve Our Community
orporate Services Department
Finance
August 10, 2009 - 2 -
F- 2009 -39
Council has requested additional information relating to the properties class which contribute
to the outstanding balances. The chart below provides the breakdown of these amounts by
property class.
Tax Receivables by Property Class
at June 30, 2009
As this chart identifies, the two largest property classes, commercial (27.9 %) and
residential (70.1%) are the largest contributors to the amounts owed as at June 30, 2009.
While monitoring the collection trends are useful to attain a broad understanding, Finance
staff take specific collection actions for properties that are subject to registration. These
action steps have been outlined in previous reports. At January 1, 2009, 364 properties
were subject to registration. The chart below summarizes the progress of these actions
after six months of activity.
This chart shows that 91.2% of the tax accounts have paid in full or have made payment
arrangements.
Properties
Subject to
Registration
as at May 31 2009
Properties
Subject to
Registration
as at June 30 2009
%
Initial Amount
364
364
134,223
Paid in Full
52
70
19.2%
Payment Arrangements
274
262
72.0%
Ongoing Collection
Action
37
29
8.0%
Registered
1
3
0.8%
364
364
100%
August 10, 2009 - 2 -
F- 2009 -39
Council has requested additional information relating to the properties class which contribute
to the outstanding balances. The chart below provides the breakdown of these amounts by
property class.
Tax Receivables by Property Class
at June 30, 2009
As this chart identifies, the two largest property classes, commercial (27.9 %) and
residential (70.1%) are the largest contributors to the amounts owed as at June 30, 2009.
While monitoring the collection trends are useful to attain a broad understanding, Finance
staff take specific collection actions for properties that are subject to registration. These
action steps have been outlined in previous reports. At January 1, 2009, 364 properties
were subject to registration. The chart below summarizes the progress of these actions
after six months of activity.
This chart shows that 91.2% of the tax accounts have paid in full or have made payment
arrangements.
Taxes Owing
% of Property
Class Receivables
Residential
$31,606,514
70.11%
Multi - Residential
134,223
0.30%
Commercial
12,592,851
27.94%
Industrial
678,503
1.50%
Farmlands
67,748
0.15%
Total Receivables
$45,079,839
100.00%
August 10, 2009 - 2 -
F- 2009 -39
Council has requested additional information relating to the properties class which contribute
to the outstanding balances. The chart below provides the breakdown of these amounts by
property class.
Tax Receivables by Property Class
at June 30, 2009
As this chart identifies, the two largest property classes, commercial (27.9 %) and
residential (70.1%) are the largest contributors to the amounts owed as at June 30, 2009.
While monitoring the collection trends are useful to attain a broad understanding, Finance
staff take specific collection actions for properties that are subject to registration. These
action steps have been outlined in previous reports. At January 1, 2009, 364 properties
were subject to registration. The chart below summarizes the progress of these actions
after six months of activity.
This chart shows that 91.2% of the tax accounts have paid in full or have made payment
arrangements.
Scheduled Sales
Tax Date
Number of Properties
Taxes
Outstanding
Amount
November 2009
24
$673,092
May 2010
19
$1,501,458
November 2011
2
$237,111
Totals
45
$2,411,661
August 10, 2009 - 3 - F- 2009 -39
Finance staff continues to make every effort to have accounts paid in order to avoid the
registration process and the associated costs related to that process.
The chart below shows the number of registered properties by scheduled tax sales date.
During the month of June, 2 registered properties were redeemed and 2 properties have
been registered. The chart also identifies the associated taxes owing on these properties
as at June 30, 2009.
The outstanding taxes for registered properties represents 5.3% of the total outstanding
taxes at month end.
Recommended by:
Approved by:
Respectfully submitted:
AF:Iw
f r
Todd Harriso , Directo of Finance
Ken Burden, Executive Director of Corporate Services
Ken Todd, hief Administrative Officer
August 10, 2009 BDD- 2009 -03
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Niagaraflalls
CANADA
Re: BDD- 2009 -03
Niagara Convention and Civic Centre Construction Update
RECOMMENDATION:
That the update report of the Niagara Convention and Civic Centre (NCCC) project be
received for information purposes.
BACKGROUND:
Council approved the selection of Bondfield Construction company as the design
builder of the NCCC on December 15, 2008. Design and Pre - Construction meetings
were held every two weeks from January 2009 to April 2009. Items discussed during
these meetings involved design development issues, user requirements, design
coordination, scheduled target dates, the ground breaking ceremony, site plan
application, foundation permits and building permit applications. Key issues included
theater design, parking area layout and the intersection at Stanley Avenue. Other items
included compliance review, contract documents, construction schedule and project
budget.
Total project funds have been secured from the Fallsview and Victoria Centre BIA's,
FMC, and the Provincial and Federal Governments.
Current Site Status /Construction Activity
Bulk excavation is complete. Foundation work is well underway and forty percent
complete. Concrete walls and footings are being poured with structural steel delivery
expected in late August. The parking lot area has been striped of topsoil and rough
graded.
Foundation permit issued May 4, 2009.
Building permit will be issued shortly.
,6•X3:9,05-3,56-7521 .www.niagarafalls.ca':
Working Together to Serve Our Community
Community Services Department
Business Development
August 10, 2009
Construction Schedule
Attached is the construction schedule submitted by Bondfield.
Project Milestones
Groundbreaking Ceremony
Substantial Completion
Total Completion
- 2 - BDD- 2009 -03
May 1, 2009
November 21, 2010
March 31, 2011
Construction Budget
Pre - Construction Budget
Design Development, Working drawings, $ 4,400,000
Site Plan Approval, Building Permit
Application
Site Services, Grading, Excavation, $ 5,500,000
Backfilling, Retaining Walls
Building Construction $ 61,100,000
Construction Contingency $ 3,450,000
Total
Forecast and Contingency
$ 74,450,000
The final project costs are forecast to be on budget, however, it is important to note that
the above contingency budget reflects a substantial reduction in the amount of
$550,000 based on a revised estimate of the interest to be earned on funds received
from the Province and Falls Management Company. The original estimate provided by
Finance was $2,700,000 versus the revised estimate of $2,150,000. We have reduced
the contingency budget from $4,000,000 to $3,450,000 to reflect this change.
Further impacting the remaining contingency, Hydro One advised that the area under
the existing high voltage service does not provide the minimum safety clearance
required by the Electrical Safety Association (ESA). By burying the cables on the east
side of the Right of Way (ROW) and raising the poles on the west side of the ROW the
necessary clearances below and around the cables can now be achieved, thereby
allowing unrestricted bus and loading dock operations.
The City of Niagara Falls, NCCC and Hydro One have come to an agreement based on
a quote from Hydro One to undertake the above work in the amount of $586,702 plus
GST. The work has been approved and Hydro One has received notification to
proceed.
Original Contingency Allocation
$ 4,000,000
Less: Reduced Interest Earned
550,000
Total Project Contingency
$3,450,000
Less: Hydro Works
586,702
Change Order - Design Addition
280,000
Additional Roof Warranty (25 yrs)
65,000
Dimable Light System
15,000
Total Contingencies Spent to Date
$946,702
Remaining Contingency
$2,503,298
August 10, 2009
Change Orders
- 3 - BDD- 2009 -03
There are two change orders that have been issued to date. Change order #1 in the
amount of $280,000 for design additions to the project and change order #2 in the
amount of $65,000 for the additional roof warranty (25 years) to achieve the durable
LEED credit. A third amount under discussion is in the amount of $15,000 for dimable
lighting system in the theater pre- function area. These funds will all be taken from the
contingency budget. No major change orders are forecasted during the remaining
construction period.
Contingency Budget
Applications
Site plan application and building permit applications have been submitted and final
approval is expected shortly.
LEED Rating System
The Leadership in Energy and Environmental Design (LEED) Green Building Rating
System is a third party certification program that encourages global adoption of
sustainable green buildings. The program provides building owners and operators the
tools to have an immediate and measurable impact on their buildings performance. The
LEED certification program has four thresholds for LEED Canada New Construction -
Certified, Silver, Gold and Platinum. Certification is based on the total point score
achieved following an independent review and an audit of selected credits.
The Niagara Convention and Civic Centre has registered for the LEED Rating System
working towards a total of 39 points to achieve a LEED Gold Certification.
Canada Infrastructure Fund Agreement Steering Committee
Upon receipt of the Federal Government Financial Contribution the City entered into a
contribution agreement with Infrastructure Canada. The Contribution Agreement
outlined the requirement of an Agreement Steering Committee (ASC) be established in
order to manage the agreement. The Committee is made up of Industry Canada,
Infrastructure Canada, City and NCCC representatives.
August 10, 2009
The Committees primary focus is;
• Monitor project documents
• Tracking the project
• Reviewing claims and payments
• Working plan and cash flow adjustments
• Amendments to the contribution agreement
• Site visit
- 4 - BDD- 2009 -03
The City is required to complete various reports throughout the construction of the
project.
•
Annual work plan and cash flow forecast - an annual work plan and cash
flow forecast is prepared and submitted to Infrastructure Canada;
Annual progress report is submitted each year during the construction
phase.
The Committee will remain in place one year after completion of construction of the
NCCC to finalize all Federal claim submissions and complete required reports.
Construction Photos
Ground Breaking Ceremony May 1, 2009
Suspended Floor Over South
Basement July 28, 2009
Suspended Floor Close
July 28, 2009
North Basement
July 28, 2009
' S/E Corner Basement
July 28, 2009
August 10, 2009
Recommended by:
Respectfully submitted:
SF/1w
Attachment
i
- 5 -
j r)c_e_thb
Sfge Felicetti, Director of Business Development
Ken Todd, Chief Administrative Officer
BDD- 2009 -03
ID
Duration
I
Task Name I
Start
Finish
. 2009
NovFDecJanjFebiMarlApriMay
1
_ _
[JunJJul AugjSep TNOv !Dec I Jan TFeb Mar [ [Apr IMayjJun1 Jul llAUgi SepfDctiNov [Dec
. 5/1
11/30
I Jan (FebjMarTAprTMay
1
598 days Project Milestones Tue 12/16/08: Thu 3/31/11
0 days Contract Award Tue 12/16/08 . Tue 12/16/08
_ - 0 days ` Ground Breaking Fri 5/1/09 Fri 5/1/09
0 days Substantial Completion Tue 11/30/10 Tue 11/30/10
0 days T otal Completion Thu 3/31/11 Thu 3/31/11
1 0 days . Grand Opening Thu 3/31/11 ; Thu 3/31/11
144 days Pre Construction Stage Tue 12/16/08 Fri 7/3/09
45 days • Design Development Tue 12/16/08 Mon 2/16/09
- 10 days Concept Design Tue 12/16/08 i Mon 12/29/08
35 days Design Development Drawings & Specifications Tue 12/30/08 - Mon 2 /16/09
125 days Working Drawings Development Mon 1/12/09 Fri 7/3/09
-
51 days 60 % Mon 1/12/09' Mon 3/23/09
59 days 90 % Tue 3/24/09 Fri 6/12/09
15 days 100 % - ' • Mon 6/15/09 ' - Fri 7/3/09
90 days Permits Tue 1/27/09 ! Mon 6/1/09
40 days Site Plan Submission & Approval Tue 1/27/09 Mon 3/23/09
20 Foundation Permit Submission & Mon 3/23/09
days _.. Fri 4/17/09
27 da s . Full Building Permit Submission & Fri 4/24/09 - -
Y 9 Mon 6/1/09
465 days ] Procurement/Administration Mon 2/9/09 Fri 11/19/10
135 days Structural Steel Mon 7/6/09: Fri 1/8110
50 days Structural Steel - Shop Drawings & Approvals Mon 7/6/09: Fri 9 /11/09
85 days , Structural Steel - Manufacturing & Delivery Mon 9/14/09' Fri 1/8/10
465 days : All other Items - Mon 2/9/09 !; Fri 11/19/10
1 day Bonding & Insurance - Mon 7/6/09 . Mon7 /6/09
8
32&25 days General Administration ' Mon 2/9/09 I Fri 11/19/10
, 450 days . Construction Stage
Y 9 Mon 4/6/09 ; Fri 12124!10
60 days Mobilization /Site Set -Up Mon 4 /6 /09: Fri 6/26/09
60 days Mobilizalwn Mon 4/6/09' Fri 6/26/09
60 days ' Construction Hoarding - Mon 4/6/09 Fri 6/26/09
10 days Construction Trailers - Mon 4/6/09 `. Fri 4/17/09
5 days Temporary Power Mon 4/6/09' Fri 4/10/09
410 days Sitework Mon 4/6/09 Fri 10/29/10
73 days Site Services Fri 5/15/09 i Tue 8/25/09
19 days Grading - Mon 4/6/09 I Thu 4/30/09
50 days : Excavation Wed 4/8/09 Tue 6/16/09
65 days . Backfilling Wed 7/15/09: Tue 10/13/09
- -- 30 days . Final Grading . . Wed 4/21/10 - Tue 6/1/10
50 days Retaining Walls/Concrete Steps /Planters Wed 5/5/10: Tue 7/13/10
45 days Curbs & Sidewalks Wed 6/9/10 _ Tue 8/10/10
30 days' Asphalt Base Wed 8/11/10 ' Tue 9/21/10
: : 20 days Asphalt Paving Wed 9010 Tue 10/5/10
_. - -- - 30 days. Waterproofing _ -- - - - -- -- - - - - -- - -- Mon6/22/09 _ - -- Fn 7/31/09
20 days Seeding & Planting _ - Mon 10/4/10 Fri 10/29/10
305 days , Foundations /Structure - Mon 4/20109 i Fri 6/18/10
45 days . Foundations - Forming Mon 4/20/09 , Fri 6/19/09
45 days : Foundations - Reinforcing Mon 4/20/09 Fri 6/19/09
2
3
4
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Project: Niagara Convention Centre 00
Date: Fri 7/17/09
Task IMs,- .Y -, _v.I Progress ® Summary ,9 External Tasks r 3 Deadline �i'
Split Milestone ♦ Project Summary glimminziNP Extemal Milestone
Page 1
ID
Duration
Task Name
Start
Finish
12009 '2010
2011
Nov lDeclJan FebiMarlApr [May1Jun I Jul jAugl,Sep(OctTNovv1Dec
JanTFeblMarjAprlMayJJun1 Jul TAuglSepiOct iNov Pee
Jan1FeblMarl Apr Pay
47
- 45 days Foundations - Reinforcing Placement - Mon 4120/09 Fri 6/19/09
45 days Foundations - Concrete Material & Placement - 1/09 Fri 6/19/09
60 days Concrete Walls & Columns - Forming 1/09 Fri 7/31/09
60 days Concrete Walls & Columns - Reinforcing _ 1/09 Fn 7/31/09
60 days Concrete Walls & Columns - Reinforcing Placement 1/09 • Fri 7/31/09
60 days Concrete Walls & Columns - Concrete Material & Placing Mon 5/11/09 Fri 7/31/09
- 50 days Suspended Slab Ground Level Forming /09 Fri 9/11/09
50 days Suspended Slab Ground Level - Reinforcing /09 • Fri 9/11/09
J - t- -•�
i
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!.
48
- 1
49
-:
50
E
51
52
53
a ' I-
54
55
=gin 3.I
50 days Suspended Slab Ground Level - Reinforcing Placement Fri 9/11/09
56
50 days Suspended Slab Ground Level Concrete Material & Placing Fri 9/11/09
45 days Slab on Grade - Basement Level Forming - Fri 8/14/09
50 days Slab on Grade - Basement Level - Reinforcing - Fri 8/21/09
50 days Slab on Grade - Basement Level- Reinforcing Placement Mon 6/15/09 Fri 8/21/09
50 days Slab on Grade - Basement Level- Concrete Material & Placing - Mon 6/15109: Fri 8/21/09
45 days Slab on Grade - Ground Level Forming Mon 3/15/10 Fri 5/14/10
-
57
58
=aI
_
`
!.
59
L
60
61
_
-
62
45 days Slab on Grade - Ground Level- Reinforcing Mon 3/15/10 Fri 5/14/10
45 days Slab on Grade - Ground Levell- Reinforcing Placement Mon 3115/101 Fri 5114/10
45 days Slab on Grade - Ground Level- Concrete Material & Placing Mon 3/15/10 Fri 5/14/10
200 days Floor Finishing Mon 9/14/09 ' Fri 6 /18 /10
69 days : Structural Steel Erection - Mon 9/7/09 Thu 12/10/09
55 days Steel Deck Erection i Tue 10/20/09 ; Mon 1/4/10
25 days Concrete Deck Concrete & Placing Thu 11/26/09 Wed 12/30/09
80 days : Exterior /Interior Block Walls Wed 2/10/10 ; Tue 6/1/10
• 24
281 days . Building Envelope Elements Fri 11/27/09 Fri 1212
- - -- - - -- 45 days, Metal Siding - - - - -- Fri 11/27/09. _ - -- Thu 1128 /10
- 45 days, Roof Tue 1/12/101 Mon 3/15/10
70 days , Exterior Brick Wed 6/16/10: Tue 9/21/10
40 days : Curtain Walls - - Tue 2!16!10 Mon 4/12/10 I
20 days ' Window Coverings - Mon 11!29/10 • Fri 12/24!10
Tue 4/13/10 Tue 8/3/10
81 days f Caulking ;
80 days: Firestopping Wed 6/2/10 ! Tue 9/21/10
30 days Fireproofing Tue 3/16/10' Mon 4/26/10
150 days Exterior Doors & Windows Fri 2/26/10 •. Thu 9/23/10-
- - -
; 20 days' Overhead Doors ; Tue 10!12/10 " Mon 11/8!10
155 days Finishes - Vices /Meeting Rooms /Hallways - Second Floor Tue 1/19/10 ! Mon 8/23/10
25 days' Steel Studs - -- Tue 1 /19/10; Mon 2/22/10
30 days Drywall Boarding/Taping Tue 3/16/10 • Mon 4/26/10:'`
20 days • Painting ' Tue 5/11/10 Mon 6/7/10
- 20 days' Doors /Hardware Tue 7/13/10 Mon 8/9/10
25 days ; Flooring Tue 6/8/10 Mon 7/12/10
30 days • Millwork _ - Tue 7/13/10 Mon 823/10
4I }
63
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64
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65
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67
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71
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75
76
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77
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78
79
;`.
,
80
.
81
82
83
ilgi
-_
•
84
85
86
87
,xY,
88
10 days � Final Paint Tue 8/10/10 Mon 8/23/10.
175 days Finishes Food Service /Loading Dock Areas /Offices - First Floor Tue 2/23/10 ; Mon 10/25/10
! 15 days -. Steel Studs - Tue 2/23/10 • Mon 3/15/10
20 days : Drywall Boarding/Taping Tue 4/27/10 ! Mon 5/24/10
- - -�- 40 days; _ Painting - -- - -- - - -- Tue 5 /25 /10; Mon 7/19/10
89
90
91
92
< '
93
- - -- - -- - 20 days Flooring - -- - -- -- - - - -- - Tue 7 /20/10 ; Mon 8 /16 /10
I ;
Project: Niagara Convention Centre 00
Date: Fri 7/17/09
T ^ r ---
Task as `° Y °V Progress Extemal
Summa Tasks Deadline n
�` `�' �• -- -•I �'
Split Milestone . Project Summary VV Extemal Milestone
Page 2
ID
94
95
96
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98
99
100
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102
103
104
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109
110
111
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114
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120
121
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125
126
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128
129
130
131
132
133
134
135
136
137
138
139
140
Project: Niagara Convention Centre 00
Date: Fri 7/17/09
Duration Task Name
40 days Doors /Hardware
30 days Millwork
10 days Final Paint
20 days Final Paint
140 days Finishes - Theatre
32 days Steel Studs
33 days . Drywall Boarding/Taping
20 days Painting
25 days . Flooring
30 days Millwork
20 days . Doors/Hardware
10 days Final Paint
100 days Finishes - Ballroom
20 days Steel Studs
30 days Drywall Boarding/Taping
30 days Painting
20 days Flooring
. 26 days Doors/Hardware
15 days Millwork
10 days • Final Paint
170 days Basement Level
15 days . Steel Studs
15 days i Drywall Boarding/Taping
20 days Painting
20 days : Millwork
20 days Flooring
15 days • Doors & Hardware
10 days • Final Paint
100 days Elevators
15 days Elevator 1
15 days Elevator 2
15 days Elevator 3
Start
Finish
Tue 8/17/10 Mon 10/11/10
Tue 8/31/10 Mon 10 /11/10
Tue 10/12/10 Mon 10/25/10
158 days Finishes - Exhibition/Theatre /Ballroom Pre - Function Areas & Main Ent Tue 4/27/10 Thu 12/2/10
30 days Steel Studs - - -
Tue 4/27/10 Mon 6/7/10
35 days Drywall Boarding/Taping Tue 6 /8/10 Mon 7 /26/10
30 days Painting Fri 8/13/10 Thu 9/23/10
30 days Flooring - Fri 9110/10 Thu 10/21/10
30 days Millwork Fri 10/22/10 Thu 12/2/10
15 days Doors & Hardware Fri 10/22/10 Thu 11/11/10
10 days Final Paint - -
Fri 11/12/10 Thu 1'I /25!10
140 days Finishes - Exhibit Hall Tue 3/16/10 Mon 9/27/10
30 days Steel Studs - "-
Tue 3/16/10 - Mon 4/26/10
"
30 days - Drywall Boarding/raping Tue 4/27/10 Mon 677 /10 � •
30 days • Painting - - - - - --" 1
Tue 6 /1/10 Mon 7/72/10
20 days Flooring Tue 7/13/10 Mon 8/9/10
20 days Millwork - - Tue 8/10/10 Mon 9 /6/10
15 days • Doors & Hardware Tue 8/31/10 Mon 9/20/10
Tue 8/31/10 Mon 9/27/10
Mon 5/17/10 . Fri 11/26/10
Mon 5/17/10 Tue 6/29/10
Wed 6/30/10 Fri 8/13/10
Mon 8/16/10 Fri 9/10/10
Mon 9/13/10 - Fri 10/15/10
Mon 9/13/10
Mon 10/18/10
Mon 11/15/10
Mon 7/5/10
- -- Mon 7/5/10
Mon 7/5/10
Mon 8/16/10
Mon 9/13/10
Mon 10/11/10
Fri 10/22/10
Fri 11/12/10
Fri 11/26/10
Fri 11/19/10
Fri 7/30/10
Fri 8/13/10
Fri 9/24/10
Fri 10/8/10
Fri 11/5/10
Mon 10/11/10 Fri 10/29/10
Mon 11/8/10 Fri 11/19/10
Tue 2/23/10 ' Mon 10/18/10
Tue 2/23/10 Mon 3/15/10
Tue 3/16/10 Mon 4/5/10
Tue 7/20/10 Mon 8/18/10
Tue 8/17/10 Mon 9/13/10
Tue 8/17/10 - Mon 9/13/10
Tue 9/14/10. Mon 10/4/10
Tue 10/5/10 Mon 10/18/10
Mon 4/12/10 Fri 8/27/10
Mon 4/12!10 Fri 4/30/10
Mon 4/26/10 I Fri 5/14/10
Mon 4/26/10 - Fri 5/14/10
2009
Nov [Dec i Jan lFebl Mar;Apr IMayJJun l Jul JAug'Sep� Octl Jan 1Feb[Mar jApr rMay 'Jun JulfAu (Sep Oct Nov Dec Jan fFebj Mar1Apr iMay
I
Task
Split
Progress
Milestone
.■ Summary I V =Milan
Extemal Taskss
Project Summary ® Extemal Milestone
Deadline
Page 3
15
161
162
163
164
165
166
167
168
169
170
171
172
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174
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78
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181
182
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184
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186
152
153
154
155
156
157
158
159
160
Project: Niagara Convention Centre 00
Date: Fri 7/17109
Duration I Task Name
15 days
15 days
30 days
380 days
380 days
17 days
380 days
380 days Mechanical
20 days Mechanical
380 days Mechanical
120 days Misc. Metals
120 days Misc. Metals
60 days Equipment
30 days Audio Visual Equipment
30 days Parking Control
30 days Loading Dock Equipment
30 days Waste Management
60 days Food Services Equipment
71 days Specialities
30 days Metal Toilet Compartments
30 days Building Sign
30 days Lockers
30 days Operable Partitions
20 days Traffic Signs
30 days. Entrance Mat
30 days W/R Bath & Shower Access.
342 days Cash Allowances
11 days Project Sign
10 days Tuming Lane (Dunn & Stanley)
10 days Traffic Signs (Stanley)
10 days Foundations for Building Sign
10 days Pay Phone Millwork
10 days Relocate Utility Box on Site
319 days • Post-Construction Phase
50 days Commissioning
53 days Audio Visual Commissioning
20 days Air & Water Balancing
35 days Deficiencies
5 days Fire Marshall Review
2 days Building Inspector Sign Off
1 day Building Ready for Occupancy
265 days As Built Drawings
30 days Maintenance Manuals
20 days Final Cleaning
37 days Change Orders
37 days Change Order #001
Start
Elevator 4 Mon 5/10/10
Elevator 5
Mon 5/10/10
Escalators •
Mon 7/19/10
Mechanical/Electrical Mon 6/1/09
Electrical
Mon 6/1/09
Delivery of HV & LV Switchboards & Exhibition Hall Floor Boxes Tue 9/8/09
Electrical . _ .
Mon 6/1/09
Mon 6/1/09 •
Mon 11/2/09
Mon 6/1/09
Fri12/11/00
Fri 12/11/09
Tue 8/17/10
Tue 8/24/10
Tue 8/24/10
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• Tue 8/24/10
Tue 8/17/10
• Tue 8/10/10
Tue 8/24/10
Tue 8/24/10
Tue 8/24/10
Tue 8/10/10
Wed 10/6/10
Wed 10/6/10
• Tue 8/24/10
Mon 6/29/09
Task Progress
Split Milestone
Mon 6/29/09 Mon 7/13/09
Wed 8/11/10 Tue 8/24/10
Wed 10/6/10 Tue 10/19/10
Wed 8/11/10 Tue 8/24/10
Wed 10/6/10 Tue 10/19/10
Wed 10/6/10 Tue 10/19/10
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Wed 9/22/10 Tue 11/30/10
Tue 10/12/10 Thu 12123/10
Mon 10/25/10 . Fri 11/19/10
Mon 10/4/10 Fri 11/19/10
Fri 11/19/10 Thu 11/25/10
Fri 11/26/10 Mon 11/29/10
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Mon 10/5/09' Fri 10/8/10
Wed 10/20/10 Tue 11/30/10
Mon 11/8/10 Fri 12J3/10
Mon 6/21/10 Tue 8/10/10
Mon 6/21/10 Tue 8/10/10
Summary IMII••••• External Tasks
Project Summary gomillionsi External Milestone
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Wed 9/30/09
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Thu 5/27/10
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Mon 10/4/10
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Tue 11/2/10
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•
Deadline
rit;41
Istwox.rwma-wmmwal
5
1•
0
2011
Jan rFeblMarTApr [Mai
August 10, 2009
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CPS- 2009 -06
Chippawa Junior C River Hawks
RECOMMENDATION:
BACKGROUND:
-1-
NiagaraFalls
That the payment plan for the outstanding receivable for ice rental fees by the Chippawa
Junior C River Hawks be approved.
Representatives from the Chippawa Junior C River Hawks have been meeting regularly
with City Staff to discuss the outstanding receivable for ice usage at the Chippawa Arena.
The outstanding amount of $32,851.82, an accumulation of ice rental fees and penalty
charges since 2007, has resulted from the challenges of raising sufficient revenues to pay
the Junior C expenses. Significant efforts to fund raise and to reduce expenses have kept
the River Hawks viable, but have not been enough to pay the City's 0 rental fees.
On June 10, 2009, the Representatives committed to pay a substantial portion, $20,000,
to the City which was received on July 17, 2009. They also committed to present a new
business plan that would ensure timely payments of ice rental fees. The business plan
would also include a payment plan for the adjusted outstanding receivable of $11,732.03
for the previous years' ice usage. Upon receipt of the payment, Staff adjusted the account
by removing $1,119.79 penalty charges that had accrued over the past year.
The Chippawa Junior 'C' River Hawks has a 30 -year history in the City of Niagara Falls.
However, the revenue problem has only been within the last five years. With the opening
of the new Gale Complex, the Club is optimistic that the new forum will encourage a
renewed fan base that is somewhat of a problem at the Chippawa Arena location.
The continuing operation of the Junior C's at the Chippawa Arena provides a valuable
service to the community. New efforts by the Club on Junior C operations, are
emphasizing a renewed aik tang strategy, revenue generation, cost control, and the
recruitment of new embers. The Representatives have expressed ideas tor
a,Falls, ON`' 6X5 ;905 -356 -752:1 www.niagarafalls.ca
Working Together to Serve Our Community
CPS - 2009 -06
Corporate Services De
August 10, 2009
H: \WPDFiles \CPS - 2009 -06 Chippawa Junior C River Hawks.wpd
- 2 - CPS - 2009 -06
generating different revenues such as user fees for participants, player sponsorships and
a renewed emphasis on advertising. Cost control is equally being addressed, especially
transportation costs. The current Board will soon welcome the addition of its fifth Board
member.
An extended payment plan, to pay the outstanding receivable of $11,732.03 by the end
of June 2010, has been requested by the Representatives, and that interest charges be
waived on this account. The Representatives have promised to remit monthly payments
on the outstanding account, and to pay the ice rental fees for the 2009/2010 season in a
timely manner to avoid another outstanding account. Staff support the request and
recommend that the Council approves the payment plan for the outstanding receivable for
ice usage by the Chippawa Junior C River Hawks.
Recommended by:
Ken Burden, Executive Director of Corporate Services
Respectfully Submitted by: iLv.A11-^1
Ken Todd, Chief Administrative Officer
August 10, 2009 HR- 2009 -04
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
BACKGROUND:
Niag araf
CANADA
Re: HR- 2009 -04
Benefits Renewal - Sun Life Assurance Company of Canada
RECOMMENDATION:
That Council approve the premium renewal (2.8 %) for employee benefits with Sun Life
Assurance Company for the period of September 1, 2009 to August 31, 2010.
In June, 2009, The City of Niagara Falls received Sun Life's renewal rate recommendations
for employee benefits (CUPE, Fire and Non - Union) which requested a premium increase
of approximately $84,000 or 2.8 %.
The goal of setting the new premium rates is to ensure that the premiums are sufficient to
prevent any deficit or surplus in the year's operations in claims activity. The renewal rates
are expected to achieve that goal and the premium increase is within the budgeted
allowance. Disability claims remain the single biggest issue to contain the costs of
benefits. To this end, the City will be conducting a formal review of our disability plan, the
specific claims and our early intervention programs.
In addition, a comprehensive market review /tender of the City's benefit plan was last
conducted in 2006, through BHH benefits. It will be necessary to conduct a similar review
prior to the end of this new renewal period for all employee benefit plans.
Recommended by:
Approved by:
Respectfully submitted:
Trent Dark Di -ctor of Human Resources
K. E. Bur • en, Executive ! 'rector of Corporate Services
treet, PO Box31023, Niagara Falls, ON Canada L2E 6X5 '905-356-i521 www.niagarafalls.ca
d, Chief Administrative Officer
Working Together to Serve Our Community
Corporate Services Department
Human Resources
August 10, 2009
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
Niagaraj1alls
CANADA
Re: L- 2009 -36
McLeod Road Cost Sharing Agreement
Our File No. 2008 -95
Working Together to Serve Our Community
L- 2009 -36
That the City enter into an Agreement with Oakwood Place Shopping Centre
Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshi eDevelopments Inc., Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp. and
the Regional Municipality of Niagara for the funding of road improvements at the McLeod
Road and Queen Elizabeth Way interchange and the Mayor and Clerk be authorized to
execute such Agreement.
Council will recall that during the process of considering the applications for zoning by -law
amendments concerning 7555 Montrose Road (Niagara Square) and 7307 Oakwood Drive
(Smart Centres /Walmart), the issue of the costs of required road improvements to the
McLeod Road corridor emerged. In particular, the Ontario Ministry of Transportation
(MTO) was looking for a way to cause the developers of property along the McLeod Road
corridor to contribute to the cost of improvements to the interchange between McLeod
Road and the Queen Elizabeth Way.
The MTO has been experimenting with a program of using its powers under section 38 of
the Public Transportation and Highway Improvements Act R.S.O. 1990 c.P.50 to obtain
such contributions. Section 38 of that Act provides that apermit is required from the MTO
to erect any structure within 395 metres of an intersection on a controlled access highway
and to erect a building "for the purposes of a shopping centre, stadium, fair ground, race
track, drive -in theatre, or any other purpose that causes persons to congregate in large
numbers" within 800 meters of such an intersection. Using this authority, the MTO then
takes the position that no section 38 permits will be issued in the target area until
arrangements are in place that satisfy the MTO that the financial demands of the MTO are
secured.
Corporate Services Department
Legal Services
August 10, 2009 - 2 - L- 2009 -36
The MTO strategy has been challenged before the courts. The MTO lost. This loss has
not appreciably altered their approach.
In keeping with this strategy, the MTO has informed the City of Niagara Falls and the
Region of Niagara that no section 38 permits will be issued in the vicinity of the intersection
of McLeod Road and the Queen Elizabeth Way until such time as the Region and the City .
enter into an agreement which includes terms securing the MTO's position.
The Agreement attached as Schedule "A" to this Report represents the terms that have
been negotiated between the City, the Region and 7 parties that are seeking to develop
properties in the affected area (7 owners). The Agreement provides that:
Each of the affected owners will provide a proportionate share of the 3.8 million
dollars required by the MTO, by way of a Letter of Credit to be delivered to the
Region. (The Region will be constructing the improvements under contract with the
MTO.)
The City will not provide a Site Plan Clearance to the Chief Building Official for any
project in the affected area until such time as the Region has confirmed that the
developer of that project has contributed his proportionate share. This principle will
apply to the initial 7 projects and to any subsequent projects in the affected area.
The restriction will be in place for 10 years.
• With each new project, the shares of each contributor will be adjusted.
• A trustee paid for by the developers will administer the proportioning of shares in
accordance with a formula set out in the Agreement.
The Letters of Credit will be cashed or replaced with cash at the time the Region
undertakes the required MTO improvements (currently anticipated to be during the
2010 construction season).
The Agreement obligates City Staff to initiate Official Plan and zoning by -law
amendments aimed at putting in place a holding by -law that will require a
proportionate contribution to the MTO costs to be made by a land owner, prior to the
"H" being lifted. (City Staff believe this requirement is excessive, however the
developers believe it is in their best interests.)
The Agreement includes indemnity provisions to ensure that neither the Region nor
the City will incur any costs should there be any challenge to the requirement to
contribute to the road improvements. The developers' group has agreed to defend
or fund the defence by the Region or the City of any condition imposed on new
development in respect of any development application or building permit
application within the affected area.
The affected area will consist of two concentric circles of land defined from the
centre point of the intersection of McLeod Road and the Queen Elizabeth Way. The
inner circle will have a radius of 395 metres. Within this circle, a contribution will be
required from the developer of any form of structure that has a measurable floor
area. The outer circle will have a radius of 800 metres. Within the area defined by
the outside of the inner circle and the inside of the outer circle (the area between
395 and 800 metres from the centre point of the intersection of Mcleod Road and
August 10, 2009 - 3 - L- 2009 -36
the QEW), a contribution will be required from any person seeking to develop a land
use which consists of a "shopping centre, stadium, fair ground, race track, drive -in
theatre, or any other purpose that causes persons to congregate in large numbers ".
Staff would much prefer that the MTO look after its own affairs and contract directly with
the developers itself. However, the MTO refuses to do so and continues to look to
Municipal Staff to facilitate their requirements. Staff has gone so far as to meet with the
Minister of Transportation in an attempt to secure a change in approach. The attempt was
not successful.
Given the inflexibility of the MTO and given the desirability of the developments proposed
by the 7 developers and of restoring the ability of the owners of the lands in the affected
area to develop their lands, Staff are recommending the Agreement as described in this
Report.
Recommended by:
Approved by:
Respectfully submitted:
KB /sm
Ken Beaman, City Solicitor
f K. E Burden, Director of Corporate Services
Ken Todd, Chief Administrative Officer
August 10, 2009 MW- 2009 -58
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2009 -58
2009 Vehicle Replacement Purchases
Tenders #T -18 -2008 and #T -09 -2009
RECOMMENDATION:
BACKGROUND:
Passenger Van
Performance Chrysler Dodge Jeep
Cube Van
Niagara Motors Pontiac GMC
Single -Axle Dump Trucks (2)
Performance Chrysler Doige.Jeep
Niagaraf1alls
CANADA
That staff be authorized to proceed with the purchase of the vehicles and equipment
specified in Tenders #T -18 -2008 and #T -09 -2009 awarded to the lowest qualified bidder
as set out in this report.
At its meeting on June 29, 2009, City Council authorized the purchase of twenty (20) new
vehicles under tender #T07 -2009 at a tendered price of $380,516.20. These purchases
represented only a portion of the overall 2009 Vehicle Replacement Program.
In the Fall of last year, City staff issued a tender ( #T -18 -2008) for the supply of one (1) new
Tri -axle Dump Truck however the tender was not awarded due to financial and operational
uncertainties. The supplier, Eastgate Ford has agreed to hold their bid price of
$170,641.30 pending Council's decision to proceed with this purchase. If we decide to re-
tender we can expect to pay over $200,000 for this vehicle. Accordingly, staff is
recommending that we proceed with the award of this tender to Eastgate Ford.
In July of this year City staff issued a tender ( #T -09 -2009) for one (1) Passenger Van, one
(1) Cube Van and two (2) Single -Axle Dump Trucks. The lowest qualified bids were;
Tender Price
$24,584.28
Tender Price
$33,787.00
Tender Price
$105,062.88
f eet
356 7521 'wwwniagarafalls.ca
Working Together to Serve Our Community
Community Services Department
Municipal Works
August 10, 2009
Financial Impacts of Expenditures
Approved in 2009 Capital Budget
Tender ( #T -07 -2009)
Tender ( #T -18 -2008)
Tender ( #T -09 -2009)
Total Expenditures $714,591.66
2009 Budgeted Amount $994,350.00
(12 -3- 370001 - 030000)
- 2 - MW- 2009 -58
$380,516.20 (approved June 29 2009)
$170,641.30
$163,434.16
Available Funds $533,732.06 (includes a $253,973.72
carry- forward from 2008)
Staff is seeking authorization for purchases that exceed $100,000 as required by the City's
purchasing policy. This series of tenders represents only a portion of the planned annual
expenditure for vehicles and equipment. To date, approximately $714,600 has been spent
from this account. As a result, the available funds will be used for additional purchases this
year.
Recommended by:
Approved by:
f ol.,. Geoff Holman, Director of Municipal Works
- --BEd Dujlovic, Executive Director of Community Services
Respectfully Submitted by:
Ken Tod , Chief Administrative Officer
V:12009COUNCIL\2009 08 10 \MW- 2009 -58 - 2009 Vehicle Replacement Program Tenders T -18 -2008 & T- 09- 2009.wpd
August 10, 2009
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
NiagaraJalls
C A N A D A
Re: MW- 2009 -56
Contract 2009 - 216 -08
Lyons Creek Road and Stanley Avenue Watermain Loop
MW- 2009 -56
1. That the unit prices submitted by the lowest tenderer Provincial Construction be
accepted for the above noted contract;
2. That the Mayor and City Clerk be authorized to execute the necessary agreement.
BACKGROUND:
The limits of the proposed new watermain loop extend from the existing dead end
watermain on Stanley Avenue just south of the bridge crossing the Welland River south
to Lyons Creek Road and then east along Lyons Creek Road connecting into the existing
system at Sodom Road. This proposed new watermain loop was the preferred alternative
recommended in the Class Environmental Assessment for the Weightman Bridge
Watermain Relocation, completed in October of 2008, by R.V. Anderson Associates
Limited. The new watermain provides additional potable water supply security for the
Chippawa Area as well as other operational benefits for the City's distribution system. The
new watermain loop will need to be installed and be operational prior to the planned
Rehabilitation of the Weightman Bridge, which is scheduled for early in 2010.
The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean lorfida,
opened tenders on Tuesday, August 4th, 2009 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by eleven (11) Contractors and six (6) bids were
received.
Listed below is a summary of the totaled tendered prices, excluding GST, received from
the Contractors. The tenders were checked and the corrected bids are shown bold and
marked with an asterisk (*
Canada L2E 6x5 ::905;356 -752 1 www.n
Working Together to Serve Our Community
L'ommunity Services Department
Municipal Works
August 10, 2009
1. Provincial Construction
2. Alfred Beam Excavating
3. Kenwood Trenching
4. Centennial Construction
5. Peter's Excavating
6. Alfidome Construction
Financial impacts of Expenditures
Approved in 2009 Capital Budget
Recommended by:
Approved by:
Respectfully submitted:
- 2 -
Niagara Falls
Fort Erie
Burlington
Tendered Costs $ 1,371,458.67
Budgeted Amount $ 1,700,000.00
(12 -3- 430018- 030000 W18)
Niagara -on- the -Lake
Fort Erie
Niagara Falls
$ 1,371,458.67
$ 1,425,175.00
$ 1,482,865.00
$ 1,467,065.00*
$ 1,507,600.00
$ 1,528,253.00
$ 1,642,311.00
The lowest tender was received from Provincial Construction in the amount of
$1,371,458.67. This contractor has performed similar type projects for the City. We are
of the opinion, that this contractor is capable of successfully undertaking this project.
The engineer's estimate for this contract was $ 1,700,000.00. Analysis of the number and
the content of the bids received indicates fairly strong competition at this time for capital
projects of this type and size. Timing of tenders for construction, when the planned
schedule permits, can play an important role in how competitive the market will be, based
on prospective bidders' work loads.
This project is scheduled to commence construction after August 17th, 2009 and all work
is to carry through up to the scheduled seventy (70) working days. As noted above, the
new watermain is to be operational by the end of 2009.
i L Geoff Holman, ' ctor of Municipal Works
fr- I
Ed Dujlovic, Executive Director of Community Services
Ken To d, Chief Administrative Officer
MW- 2009 -56
K. Schachowskoj
C: \Documents and Settings \mt222 \Local Settings \Temp\XPgrpwise \MW - 2009 -56 - Contract 2009 - 216 -08 Lyons Creek
Road and Stanley Avenue Watermain Loop .wpd
August 10, 2009 PRC- 2009 -23
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
Niag araJ
Re: PRC - 2009 -23
Easement Agreement with Enbridge Gas Palmer Park
1. That the City of Niagara Falls enter into an Easement Agreement with Enbridge Gas
to allow for a gas line and pumping station to be placed on City lands at Palmer
Park.
2. That the Mayor and Clerk be authorized to execute the agreement.
BACKGROUND:
The construction of the new Gale Centre at Stanley Avenue and Thorold Stone Road
requires the extension of gas services to the building. Initially, it had been planned for a
line to be extended from Fourth Avenue onto the Gale Centre property.
Recently, Parks, Recreation & Culture has been contacted by representatives from
Enbridge Gas and advised that the gas supply line they were planning to run from Fourth
Avenue was a 2 -inch line and the flows for the Centre were going to require a 4 -inch line.
Enbridge Gas advised that it was in their best interest to access the property from a line
on Stanley Avenue to the west of the Gale Centre property.
A review of this option was conducted with Enbridge Gas and City staff representatives and
it was determined that the preferred route for a gas supply line to service the Gale Centre
was one that would run through Palmer Park along the north fence line. This would require
the City to grant a three (3) metre wide easement running the length of the property from
west to east along the north fence line (the load sheet for the easement at Palmer Park
provided by Enbridge is attached).
Parks, Recreation & Culture staff has reviewed the request and has no objection as the
easement will not disrupt any current services for recreational users.
Enbridge Gas representatives advised that they will also require an easement to cross
the Hydro corridor whic diuid es the City land at Palmer Park and the City land at the
Gale Centre. Enbri is currently pursuing this easement with Hydro.
Working Together to Serve Our Community Community Services Department
Parks, Recreation & Culture
August 10, 2009 - 2 - PRC- 2009 -23
Enbridge Gas further advises that with the required easements from the City and Hydro
they could commence and complete the work within eight weeks. This would allow for
the service to be provided to the Gale Centre constructor in advance of the cold
weather.
Recommended by:
Approved by:
Respectfully submitted:
1,7 1v tt
Deny e Morrissey, Director f Parks, Recreation & Culture
Ed ujlovic, Executive Director of Community Services
K n Todd, Chief Administrative Officer
Attachment
V:\2009COUNCIL\2009 08 10 \PRC- 2009 -23- Easement Agreement with Enbridge Gas - Palmer Park.wpd
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August 10, 2009 PD- 2009 -58
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD- 2009 -58
Matters Arising from Municipal Heritage Committee
RECOMMENDATION:
That Council approve the following Designated Property Grants:
1. For two thirds of the eligible costs for the repointing of the masonry on all four walls
of the former CIBC Bank building at 4190 Bridge Street, to a maximum of $3,000,
as outlined in this report.
2. For two thirds of the eligible costs for the re- pointing of the rubble stone foundation
on the west and north interior walls of the Oswald House at 2922 St. Paul Ave, to
a maximum of $3,000, as outlined in this report.
BACKGROUND
Niag araalls
CANADA
The Municipal Heritage Committee held its regular meeting on July 22, 2009. Two matters
require Council's consideration:
1. Designated Property Grant Application - 4190 Bridge Street - former CIBC
Bank
An application was received from the owners of the former CIBC Bank for the
repointing of the masonry on all four exterior walls. This work will enhance the
appearance and assist in the preservation of the building. The work is being carried
out in accordance with acceptable preservation guidelines and is supported by the
Municipal Heritage Committee. The grant guidelines state that two thirds of the
eligible costs of a project to a maximum of $3,000 will be paid to an owner. The
estimated cost of the repointing work for this building is $36,500. Grant guidelines
cap the amount of eligible costs at $3,000.
The following motion was,adopted by the Municipal Heritage Committee:
anad .L2E6X5 905=356-7521 arafalls.ca
Working Together to Serve Our Community
Community Services Departmen
Planning & Development
August 10, 2009 - 2 - PD- 2009 -58
"That the Committee supports the application, as submitted, for two thirds of the
cost to a maximum of $3,000 to repoint the masonry on the former CIBC bank
building as it will act to preserve the building and will also enhance the appearance
of the building."
2. Designated Property Grant Application - 2922 St. Paul Ave - Oswald House
An application was received from the owners of the Oswald House for the repointing
of the rubble stone foundation on the inside west and north walls of the basement.
This work is necessary as the mortar in the foundation has been deteriorated
because eavestrough downspouts drained onto the ground outside that area. New
eaves and downspouts installed during the exterior restoration have corrected the
problem and the repointing is necessary to restore the foundation wall. The work
is to be carried out in accordance with acceptable preservation guidelines and is
supported by the Municipal Heritage Committee. The grant guidelines state that two
thirds of the eligible costs of a project to a maximum of $3,000 will be paid to an
owner. The estimated cost of the repointing work is $7,500. Grant guidelines cap
the amount of eligible costs at $3,000.
The following motion was adopted by the Municipal Heritage Committee:
"That the Committee supports the application, as submitted, for two thirds of the
cost to a maximum of $3,000 to repoint the rubble stone foundation at the Oswald
House as it is necessary for the preservation of the foundation wall."
FISCAL IMPACT OF EXPENDITURES
Approved 2009 Municipal Heritage Committee Property Grants:
Total Grants
Budgeted Amount
(11 -3- 813000- 030000)
Available Funds
$ 6,000.00
$12,000.00
Recommended by:
Approved by:
Respectfully submitted:
This expenditure is one of several designated property grants that will be made this year
within the approved budget. No other grants have been issued during the year. This will
leave $6,000.00 available for the balance of the year.
P.Boyle:mb
Attach.
S: \PDR\2009 \PD- 2009 -58, Matters Arising from MHC.wpd
$12,000.00
ktv 0,6,"\.,12
Alex Herlovitch, Director of Planning & Development
Ed Dujlovic, Executive Director of Community Services
Ken Todd, Chief Administrative Officer
August 10, 2009 PD- 2009 -54
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
Niag araa11s
CANADA
Re: PD- 2009 -54
RL &RG- 2009 -001 - Residential Loan and Revitalization Grant Application for
a 102 Unit Retirement Home and Clinic - 5688 Main Street - 753049 Ontario
Limited (Dr. Nick Vaccaro)
1. That Council approve the Residential Loan and Revitalization Grant application by
753049 Ontario Limited (Dr. Nick Vaccaro) subject to satisfying the program
requirements including the entering into agreements with the City.
2. That the Mayor and Clerk be authorized to execute the loan and grant agreements.
BACKGROUND:
The City has received applications for funding assistance under two programs within the
Historic Drummondville CIP for property along the east side of Main Street, north of
Summer Street for a 10 storey, 102 retirement home and clinic known as the Renaissance
Retirement Suites. Attached is a location map and site plan of the building.
This property was recently rezoned to allow the 10 storey retirement home use. The site
plan is expected to be approved shortly. The retirement home includes 18 studio units
(355 -432 square feet), 49 1- bedroom units (660 -735 square feet) and 35 2- bedroom units
(828 -970 square feet). The first floor will contain clinics and physical fitness facilities. The
10 floor will contain dining facilities along with a small theatre and woodworking shop
area.
The site is currently vacant and surrounded by residential to the east and a mix of small
scale commercial and residential uses to the north, west and south along Main Street. The
proposed construction meets with the intent of the City's Financial Incentive Programs by
promoting the redevelopment of vacant underutilized land and encouraging revitalization
of the Historic Drummondville area.
Working Together to Serve Our Community
Community Services Department
Planning & Development
August 10, 2009 - 2 - PD- 2009 -54
Under the Residential Loan Program, the applicant is eligible for an interest free loan of
$500,000 which is the maximum allowed under the Historic Drummondville CIP. The loan
is calculated based on $20 per square foot of habitable floor space per unit up to a fixed
limit. The owner is entitled to 60% of the loan once 60% of the project is complete. The
repayment of the loan begins one year following completion of the project and is repaid
over a 5 year period. The loan will be secured by way of a mortgage registered on title.
The estimated cost of the non - interest bearing loan is $55,200.00. The funding for this
expense will be taken from the annual CIP budget. Under the Region's Smart Growth
Financial Incentive Programs, they will assist in covering a portion of the loan. This will
assist the City in lowering it's cost of the loan.
The Revitalization Grant is to help offset the increased property taxes that result from the
redevelopment. This grant will apply following the completion of the development and
reassessment of the property. While the owner pays the full property tax increase the first
year, the owner will receive in the form of an annual grant, equivalent to 80% of the
difference in increased City and Regional property taxes in years 1 to 5, 60% in years 6
and 7, 40% in year 8 and 20% in years 9 and 10. The actual revitalization grant will be
determined once the property is re- assessed by MPAC after completion.
CONCLUSION:
The application for funding assistance will help stimulate revitalization within the Historic
Drummondville area and also address the need for senior's housing in the City. The cost
to the City for the loan will occur once the first portion of the loan is provided to the owner
which is expected to be the later part of 2010. Based upon the above, it is recommended
that the request for funding assistance be approved.
Recommended by:
Approved by:
Respectfully submitted:
Alex Herlovitch, Director of Planning & Development
O Ed Dutlovic, Executive Director of Community Services
Ken Todd, Chief Administrative Officer
B.Bolibruck
Attach.
S: \PDR\2009 \PD- 2009 -54, Historic Drummonville CIP Applications, Main Street Retirement Residence.wpd
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August 10, 2009 PD- 2009 -55
/
Niag araFalls
V C A N A D A
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD- 2009 -55
Extension to Draft Plan Approval
Warren Woods (West) Draft Plan of Subdivision 26T -96001 (Revised)
Garner Road (East Side), South of McLeod Road
Owner: Warren Woods Land Corporation (Robert O'Dell)
RECOMMENDATION:
That Council grant a one -year extension to draft plan approval for the Warren Woods
(West) Plan of Subdivision.
BACKGROUND:
Process
Draft approval for subdivision and condominium applications is typically given for three
years. After this time period, approval will lapse unless an extension is requested by the
developer and granted by Council as permitted under the Planning Act. As an interim
measure, staff can grant temporary extensions to draft plan approval pending a formal
request to Council. In order to ensure draft plans are not automatically extended without
consideration of Council policy and contemporary requirements, requests for extensions
are reviewed based on current planning and development criteria.
Planning Review
The developer's agent has submitted a request for an extension to the Warren Woods
(West) Plan of Subdivision (see attached letter). The land is located on the east side of
Garner Road, south of McLeod Road as shown on Schedule 1. This plan originally
received draft approval from the Region on October 23, 1998. The authority for the
subdivision has been delegated to the City and Council has granted previous requests to
extend draft approval. Staff has granted a temporary extension to draft plan approval in
order for the developer to submit the required fees and allow a review of the request by the
City and Region (see the attached Regional comment letter).
anada. L2E 6X5- 905 www.niagarafalls.ca.'-'
Working Together to Serve Our Community
Community Services Department
Planning & Development
August 10, 2009 - 2 - PD- 2009 -55
The draft plan approved by the Region in 1998 applied to the developer's land extending
between Kalar Road and Garner Road. In November 2008, Council approved Report PD-
2008 -105 for a new modified subdivision plan and related zoning by -law amendment for
the portion of the land with access to Kalar Road and known as Warren Woods (East) -
Files 26T -11- 2006 -02 Revised & AM-42/2006. This plan contains a mix of dwelling types
with draft plan approval effective December 18, 2008 and in place until 2011.
The draft approval for the west section of the plan is still being maintained under the old
file (26T- 96001) which is the and that requires the extension of draft plan approval. The
plan contains 4 large blocks of land for residential development. A new design and
subdivision application(s) will be needed for this land to address current environmental
requirements as well as housing mix and density targets in accordance with the Provincial
Growth Plan. The development needs to be coordinated with the City's ongoing work on
the Warren Woods Community Secondary Plan. Changes to the existing Development
Holding (DH) zoning on the land are also required to reflect appropriate residential and
environmental zones. The owner is working on servicing approvals /requirements for
Warren Woods (East) that need to be constructed prior to the additional lands in the area
proceeding with development. The applicant wishes to maintain the existing residential
draft approval status for the land and undertake modifications in the future as was done
for the Warren Woods (East) proposal.
CONCLUSION:
Based on this review, an extension to draft plan approval until August 10, 2010 for the
Warren Woods (West) Plan of Subdivision can be supported by staff.
Recommended by:
Approved by:
t
Respectfully submitted:
i/(23b IIAAAy\-s-
Alex Herlovitch, Director of Planning & Development
Ed Dujlovic, Executive Director of Community Services
Ken Todd, Chief Administrative Officer
RW:mb
Attach.
S: \PDR\20091PD- 2009 -55, Extension Draft Approval Warren Woods West.wpd
CG
UPPER CANADA
CONSULTANTS
ENGINEERS / PLANNERS
April 8, 2009
File: 0787
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON
L2E 6X5
Attention: Mr. Richard Wilson, Planner 2
Dear Mr. Wilson
Re: Extension of Draft Plan Approval -26T -96001
Planning
Scanned,
File: Sub Atiallpi.%
cc Peter Colosimo, Director of Development Services, Region of Niagara
Bob O'Dell
Ed Longhouse
Upper Canada
Planning &
Engineering Ltd.
261 Martindale Road
Unit #1
St. Catharines, ON
L2W 1A1
Phone 905- 688 -9400
'Fax 905- 688 -5274
We would like to request that the City of Niagara Falls process the extension of Draft Plan approval
for the lands west of Warren Woods. The required fees will be forwarded immediately to your
attention under separate cover. We request that the extension be considered as our client has been
working diligently to address the outstanding concerns related to the existing draft plan approval.
Should you have any questions or concerns, please do not hesitate to contact the undersigned.
Yours very truly,
Alison Enns, M.P1.
RECEIVED
APR 1 4 2009
PLANNING
.m ELOPMENT
Burlington
St. Catharines
Extension to Draft Plan Approval
Warren Woods (West)
26T -96001 (Revised)
Subject Land
i„
K: \GIS_Requests\ 2009 \Schedules \Subdivision \Wa rren W oods \mapping. map
SCHEDULE 1
Location Map
1111
N
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Scale
1:NTS
July 2009
Niagara Region
July 20, 2009
File: D.18.04.SD -00421
Mr. Richard Wilson
Planner 2
City of Niagara Falls
4310 Queen St., 2 Floor
Niagara Falls, ON
L2E 6X5
Dear Mr. Wilson:
Re: Request for Extension of Draft Approval
Warren Woods (West) Draft Plan of Subdivision
26T -96001 (Revised)
City of Niagara Falls
Regional Development Services staff has reviewed the request for extension of draft approval
for the above noted subdivision and has no objection to the extension of draft approval for a one
year period.
If you have any questions or wish to discuss these comments, please contact Sue Mabee,
Planner, or Marilyn Radman, Manager of Development Services.
Please send notice of the City's decision with regard to this application.
Yours truly,
Sue Mabee
Planner
SM/
Cc. Councillor Smeaton
Building Community. Building Lives.
PUBLIC WORKS DEPARTMENT
Development Services Division
2201 St. David's Road, P.O. Box 1042
Thorold, ON L2V 4T7
Tel: 905 - 685 -1571
Tol I- free:1- 800 - 263 -7215
Fax: 905- 687 -8056
www. n iagararegion.ca
Planning
Scanned
File:
RECEIVED
JUL 2 2 2009
PLANNING
& DEVELOPMENT
August 10, 2009
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Niag araFalls
CANADA
Re: PD- 2009 -56
Status of FCM Funds to Assist in the Remediation of the
Cytec Lands for Redevelopment
Working Together to Serve Our Community
PD- 2009 -56
RECOMMENDATION:
That Council advise FCM that the City no longer wishes to participate in the program.
BACKGROUND:
In the fall of 2005, the Federation of Canadian Municipalities announced a new funding
program to assist in the remediation of contaminated sites under the Green Municipal
Fund. The City made application for a Type 2 Project Loan which was to allow repayment
through property tax increment following redevelopment and reassessment of the site. The
key element of the Type 2 Project Loan was that it was a nonrecourse loan which meant
that if redevelopment did not occur, the City was not responsible for the repayment of the
loan. Therefore, there was no risk to the municipality.
On March 22, 2006 the City received a letter from FCM advising that the City's proposal
was one of the 12 best proposals received in terms of potential environmental, social and
economic benefit and had been approved for a $1.892 million loan. Over the past 3 years,
staff have had a number of meetings and discussions with FCM dealing with the
mechanism upon which the loan will be administered. Over time, and particularly over the
past year, it became obvious to staff of the FCM's unwillingness to provide an agreement
that would acknowledge that the loan was indeed a nonrecourse loan. This was confirmed
by letter from FCM dated July 8, 2009, advising the City that the loan is fully repayable and
the City would have to issue a debenture in the amount cif the loan. Staff is not in a
position to recommend such an undertaking to Council
oeg
a 1L2E 6X5 ;905 356 =7521 .wwwn iagarafaIIs.ca
Community Services Department
Planning & Development
August 10, 2009
CONCLUSION:
Recommended by:
Approved by:
Respectfully submitted:
l
- 2 - PD- 2009 -56
Since the time of the original application, the Green Municipal Fund Program has changed
which would require the City to issue a debenture for the loan. Based upon the
requirements being placed on the City to now seek a debenture, staff recommends that the
City advise FCM that it is no longer interested in pursuing the loan.
Alex Herlovitch, Director of Planning & Development
B.Bolibruck
S: \PDR12009 \PD- 2009 -56, Status of FCM Funding for Cytec Lands.wpd
Ed Dujlovic, Executive Director of Community Services
Ken T dd, Chief Administrative Officer
August 10, 2009 PD- 2009 -59
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Niagaraa11s
C A N A D A
Re: PD- 2009 -59
Request for Deeming By -law
5725 Progress Street - Lots 18 and 19, Plan 243
Owner: Antonio Mancuso, Mancusco Chemicals Limited
RECOMMENDATION:
That Council pass the by -law appearing on tonight's agenda to designate Lots 18 and 19,
Plan 243 to be deemed not to be within a registered plan of subdivision.
BACKGROUND:
Lots 18 and 19, Plan 243, known as 5725 Progress Street are located on the north side
of Progress Street in the Stanley Business Park. Refer to Schedule 1 for further details.
The lands are occupied by Mancuso Chemicals Limited. The company wishes to expand
their current chemical blending operation through the construction of several new
buildings. Through the preliminary site plan review process two zoning issues were
discovered. The existing development of Lot 19 does not comply with the landscaping
provisions of the Zoning By -law and one of the existing buildings does not provide the
necessary side yard setback and even encroaches into Lot 18. These compliance issues
can be resolved if the boundary between the two lots is eliminated so they can be
developed as one parcel. Refer to Schedule 2 for details of the development.
The applicant has requested the City to pass a "deeming by -law" for Lots 18 and 19 , Plan
243 on the north side of Progress Street. A deeming by -law removes the special status
granted to whole lots within registered plans of subdivision for the purpose of subdivision
control under the Planning Act. The applicant's registration of the requested by -law would
merge the subject properties together in the same ownership name and allow them to be
developed as one lot.
535:6 7521 '�wwwniagarafalls;ca-
Working Together to Serve Our Community
Community Services Department
Planning & Development
August 10, 2009 - 2 - PD- 2009 -59
CONCLUSION:
The passing and registration of a "deeming by -law" under the Planning Act for Lots 18 and
19, Plan 243 will allow the land to merge together. This will facilitate the desired
development of the land. The subject lands are zoned appropriately for the use and the
development will be subject to site plan control. The necessary by -law is included in
tonight's agenda.
Recommended by:
Approved by:
Respectfully submitted:
Alex Herlovitch, Director of Planning & Development
Ed Dujlovic, Executive Director of Community Services
Ken T dd, Chief Administrative Officer
A.Dilwaria:mb
S: \PDR\2009 \PD- 2009 -59, Request for Deeming Bylaw,Mancuso Chemical,5725 Prospect.wpd
Subject Land
Location: 5725 Progress Street
Applicant: Mancusco Chemicals Limited
SCHEDULE I
LOCATION MAP
SPC- 2009 -011
• PROGRSS- .STREET -
August 10, 2009
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
Niagara,Falls
Re: PD- 2009 -60
PLC- 2009 -01, Request for Removal of Part Lot Control
Blocks 2, 3 & 4, Registered Plan 59M -357
7748, 7768 & 7796 Ascot Circle (Ascot Woods Extension 6)
Owner: Pinewood Homes (Tara) Ltd.
PD- 2009 -60
1. That Council approve the request and pass the by -law included in tonight's agenda
to designate Blocks 2, 3 & 4, Registered Plan 59M -357, as exempt from Part Lot
Control.
2. That the owner be given six months to create the new parcels and notify the City
when the separate deeds have been registered.
The owner's agent has submitted a request to remove three blocks of land on the
southeast side of Ascot Circle, west of Montrose Road, south of Preakness Street and
abutting CN Railway property, from Part Lot Control (see attached letter and Schedule 1).
This process enables the division of lots or blocks within a registered plan of subdivision.
The general intent of removing Part Lot Control is for the minor redesign of subdivision
Tots /blocks or the separation of semi - detached or on- street townhouse units.
The subject land is within the Ascot Woods Extension 6 plan of subdivision (59M -357) that
was registered in January 2007. The plan contains three residential blocks of land for
apartment use and a block of land for commercial use (currently developed with Shoppers
Drug Mart). Since 1992, the subject land has been zoned Residential Apartment 5B
Density (R5B -324) through Zoning By -law No. 79 -200 (site specific By -law No. 92 -240).
The subdivision agreement registered on title contains development requirements to
address safety, noise and vibration issues associated with the abutting CN Railway line.
The zoning stipulates an increased building setback from the CN property boundary.
k ueentree
Working Together to Serve Our Community
Community Services Department
Planning & Development
August 10, 2009 - 2 - PD- 2009 -60
The owner has recently purchased the vacant land and proposes to construct apartment
buildings in accordance with the approved zoning and subdivision provisions. However,
minor modifications to the size of Blocks 2, 3 & 4 are requested to accommodate building
designs. The boundary lines between the blocks are proposed to be shifted approximately
9 metres (30 feet) to the northeast. The proposed property configuration (Parts 1, 2 & 3)
is shown on the attached Schedule 2. The areas and frontages of the new parcels comply
with minimum zoning standards. The approval of a Part Lot Control by -law is required so
that the new property lines can be established over the blocks.
CONCLUSION:
The removal of Part Lot Control will permit the requested boundary adjustments on the
subject land. The use of this Planning Act mechanism is appropriate. The applicant
should advise the City when the separate deeds have been registered to create the new
parcels. The by -law to designate the lands as exempt from Part Lot Control is included in
tonight's Council agenda.
Recommended by:
Approved by:
Respectfully submitted:
R.Wilson:mb
Attach.
S: \PDR\2009 \PD- 2009 -60, PLC - 2009 -01, Pinewood Homes, Ascot Circle Blocks.wpd
Alex Herlovitch, Director of Planning & Development
Ed Dujlovic, Executive Director of Community Services
Ken Tod , Chief Administrative Officer
July 27, 2009
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
Niagara Falls, ON
L2E 6X5
Attention: Mr. Rick Wilson
RE: Ascot Clink
Dear Mr. Wilson:
MATTHEWS, CAMERON, HEYWOOD - KERRY T. HOWE
SURVEYING LTD.
ONTARIO LAND SURVEYORS — PROFESSIONAL ENGINEERS
Offices at Niagara Falls, St. Catharines & Lindsay
Notes & Records of R. Blake Erwin, O.L.S., P.Eng; Robert H. Punk, O.L,S., P.Eng.; Thomas G. Cahill, O.L.S.
5233 Stanley Avenue - Unit #1, Niagara Falis, Ontario L2E 7C2
Phone(905)358 -3693 Fax(905)358 -6224 info ®thesurveyors.ca www.thesurveyors.ca
Andrew Cameron, O.L.S„ P.Eng. Herman Wimmelbacher, O.L.S. C.L.S. Allan J. Heywood, O.L.S.
Gerald Hickson, O.L.S. & Albert Nickel Office Managers Raymond J. Matthews, O.L,S (Ret.)
Please find enclosed a sketch to accompany our request, as agent for the owners, for removal of Part Lot
Control on Blocks 2, 3 & 4 on Plan 59M -357 to facilitate the proposed apartment development that is in
accordance with the existing zoning for the properties listed however the location of the existing property lines
needs to be altered.
Should you have any questions please contact me at your earliest convenience.
Yours truly,
1VMATTILEWS, CAMERON, HEYWOOD — KERRY T. HOWL SURVEYING LTD.
Allan .b. Heywood, O.L.S.
AH/ddb
Enclosures
8 : \jobs\ -3 $ 999 38802 \Correspondence\CITYJlULY,09.doe
Our Job No: 38802
Removal of Part Lot Control
Blocks 2, 3 & 4, Registered Plan 59M -357
7748, 7768 & 7796 Ascot Circle
Subject Land
rzz
SCHEDULE 1
Location Map
July 2009
LOT 5
LOT 8
\ LOT 7 \ �
\ LOT 8 \ 1 4
q..,,g„td. lOT 9 \
\ LOT 10
1 1 \
I \ LOT 11\ 164
LOT 13
T LOT 12 \
I 04 \\ tf: 45/10:1
MT
O:1Ja0sU875038509088azaw 08E024moix0ey LOC MET 11x17 Jul 27, 200910:59am atimam
;F.
W"vIA� oos
BLOCK 1
r I
11 I
LJ I
IS
Note: This sketch Is NOT a Plan of Survey.
SKETCH FOR PART LOT CONTROL
BLOCKS 2, 3, AND 4
PLAN 59M -357
CITY OF NIAGARA FALLS
REGIONAL MUNICIPALITY OF NIAGARA
MATIlftS, CAMERON, HEYNUOD — KERRY T. HONE SURVEYING LIMITED
20 10 0 20 40 E0 YfliQS
2009
JULY 27, '2009
DATE
CITY OF NIAGARA FALLS
KEY PLAN (NOT TO SCALE)
METRIC NOTE
DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE
CONVERTED TO FEET BY DIVIDING BY 0.3048
MArrins HOWE SURVEYING L1D,
5255 _ __ - 5 p, Ram FdY, Odae. La 71:2 Ft ,pos}5 -3e 3 Fm(K6)38-1224
% CMadi Std, SL USAir, On xi. 1211 Xi Phom(0)687-3300
JH /AT
!Checked A.H. ILLN. 38802 r attached
August 10, 2009 TS- 2009 -24
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
Niagara,Falls
Re: TS- 2009 -24 — Transit Agreement with Brock University Student's Union
1. That Niagara Falls Transit services be provided to full time Brock University students
during the following periods; September 1, 2009 through April 30, 2010 and
September 1, 2010 through April 30, 2011.
2. That Niagara Falls Transit service is extended to Brock University in St. Catharines
provided the cost of the service between municipalities is fully paid for by the Brock
University Student's Union.
3. That the municipality enter into an agreement with Brock University Student's Union
to provide the service.
4. That the Mayor and City Clerk be authorized to execute the necessary agreement.
The Niagara Falls Transit service to Brock University was implemented in September 1992
as an express bus operating on a fixed route between Niagara Falls and the Brock
University campus in St. Catharines. In addition to providing the service between
municipalities, the Agreement enables all full time Brock University students to ride Niagara
Falls Transit buses within our municipality as often as they wish from September 1s through
April 30 The most recent Agreement to provide this service expired on April 30, 2009 and
staff are currently in discussion with the Student's Union Executive to establish a two year
Agreement, which will allow Niagara Falls Transit to continue to provide the service through
April 30 2011.
3, Niagara Falls, ON Canada 1.2E 6X5 905 =356 -7521 www.nia. arafalls.ca
Until September 2007, the Bro k route also carried Niagara College students to Brock
max.
Working Together to Serve Our Community
Community Services Department
Transportation Services
August 10, 2009
where they transferred onto a Welland Transit bus to continue their trip to the Welland
Campus. These students purchased either a Niagara Falls Transit Semester Pass or paid
a daily fare in return for this service. These additional fares were credited toward Brock
University's Student Union and thus, they received an attractive hourly rate, which was
$55.33 per hour. In September 2007, the Niagara College Student Administrative Council
purchased their own direct service to the Welland Campus from Niagara Falls Transit, which
reduced the additional revenue realized to subsidize the Brock University service.
In discussion with the Brock Student's Union Executive, Transit staff made them aware the
cost would be increased to $77.13 per hour to reflect the actual costs associated with the
provision of the service. BUSU however, have stated they cannot increase the costs to their
members by greater than five percent per year and therefore, cannot pay the increase
required for Transit to fully recover costs. The Executive have informed Transit staff any
increase greater than five percent would require a referendum of their membership, which
occurs in March 2010. Transit staff continue to review and evaluate transportation options
with their Union Executive and are confident a schedule can be agreed upon which meets
the transportation needs of their membership within their budget.
Of interest, in the 2008/2009 school year, Niagara Falls Transit provided a total of 29,365
passenger trips to Brock students, with 1881 hours service to and from the St. Catharines
Campus.
Conclusion
Transit staff recommend a cost adjustment to $77.13 per hour to the Brock University
Student Union, equal to the cost applied to the Town of Fort Erie and Niagara College
Student Administrative Council. This rate along with cash revenues, fully cover Niagara
Falls Transit's $78.00 per hour cost of delivering the service.
Recommended by:
Approved by:
Respectfully submi ted:
Page -2- TS- 2009 -24
Dren, Director of Transportation Services
Ed Dujlovic, Executive Director of Community Services
Ken Todd, hief Administrative Office
Working Together to Serve Our Community
August 10, 2009 TS- 2009 -34
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
Niagaraj1alls
CANADA
Re: TS- 2009 -34
Niagara Falls - Fort Erie Inter - municipal Transit Agreement
1) That the municipality enter into an agreement with the Corporation of the Town of
Fort Erie to supply transit service.
2) That the Mayor and City Clerk be authorized to execute the necessary agreement.
In the first season of service the Niagara Falls - Fort Erie bus provided 5,034 rides between
the two communities. Over the eight -month (September through April) period, 79% of those
riders were post- secondary students accessing Niagara College or Brock University.
However, through customer surveys it was clear residents of Fort Erie going to and from
work in Niagara Falls were increasingly using the service. In the last month of service, non -
student fare paying riders represented 35% of the ridership. This is advantageous as all
fares deposited in the farebox remains the property of Niagara Falls Transit. Thus, in
addition to receiving the full cost to provide the inter - municipal service from the Town of Fort
Erie, ancillary revenues in the amount of $5,486 were generated.
The route operates between the two communities WaI- Mart stores via the QEW. The Fort
Erie municipal bus connects with our service at their WaI -Mart and upon arriving at our
Adams Centre (WaI -Mart) Terminal in Niagara Falls, customers have the option of
transferring to either our; Niagara College Welland. Campus bus, Niagara College NOTL
Campus bus, Brock University bus, or to one of our municipal routes to continue their trip
within our community. If demand warrants, this initiative may be supported by Fort Erie to
remain in service year round and not just the eight- months Niagara College and Brock
University are in session. Ridership will be monitored and any request by Fort Erie to
extend the service beyond April 2010 will be forwarded to Council for approval.
ueen Street;
iagara''Falis, ON Canada L2E 6X5 905-356-7521 www.niagarafalls.ca
Working Together to Serve Our Community
Community Services Department
Transportation Services
August 10, 2009
Conclusion
The Service Agreement for the September 2008 through April 2009 term has been
amended by transit staff to reflect the changes in dates and hourly service fee and
approved by Fort Erie City Council in principle. The hourly rate has increased to $77.13,
which recoups all costs associated with providing the service. For the September 2009
through April 2010 session, this hourly rate generates $107,982 to ensure Niagara Falls
residents will not be subsidizing the service. Therefore, based on the successful
implementation of the initial year of service, staff recommend that the municipality enter
into another agreement with the Corporation of the Town of Fort Erie for the provision of
Niagara Falls Transit services between the two municipalities effective September 2009
through April 2010.
Recommended by:
Approved by:
Respectfully submitted:
Page -2- TS- 2009 -34
eji
an Den, Director of Transportation Services
c�Ed Dujlovic, xecutive Director of Community Services
Ken Tod , Chief Administrative Officer
D. Stuart
S: \General Administration \GA 1.01 Reports\2009 Counc11\08 Aug 10 \TS- 2009 -34 Niagara Falls - Fort Erie Inter - Municipal Transit3.wpd
Working Together to Serve Our Community
August 10, 2009 TS- 2009 -35
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: TS- 2009 -35
5688 - 5704 Main Street Encroachment Agreement
RECOMMENDATION:
Niag araf
CANADA
That Council approve an encroachment request to allow a set of stairs to be installed on
the City right -of -way for a proposed retirement residence at 5688 - 5704 Main Street.
BACKGROUND:
A developer is in the process of finalizing a site plan application for a 10- storey retirement
residence on the east side of Main Street, north of Summer Street. Direct and level
pedestrian connectivity is normally incorporated in the design of new developments to allow
for pedestrian access between the municipal sidewalk and the front entrance of the building.
Due to the significant grade difference between the municipal sidewalk and the future lane
way along the front of the building, a ramp would be too steep. Instead, the developer
would like to place a decorative stairway from the sidewalk to the building. The stairs would
be placed within the City's road allowance between the existing sidewalk and the property
line, an area typically reserved for street scaping.
Transportation Services have no objections to the encroachment. The stairway will provide
resident access from the municipal sidewalk to the front door of the apartment building
instead of requiring all pedestrians to walk in the same area used by vehicular traffic. The
developer will be required to enter into an encroachment agreement with the City.
Recommended by:
Approved by:
Respectfully submitted:
arl Dren, Director of Transportation Services
Ed Dujlovic Executive Director Q Community Services
iagara Falls, ON,Canada; L2E 6X5:. 905-356-7521 www.nia • arafalls.ca
Ken d, thief Administrative Officer
J. Grubich
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Working Together to Serve Our Community
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Encroachment Agreement
NORTH
The City of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS Sunday gun hunting is prohibited south of the French and Mattawa Rivers, unless
permitted by Regulation under the Fish and Wildlife Conservation Act, 1997; and
WHEREAS the municipality of Niagara Falls has never formally made a request to the Ministry of
Natural Resources for such an exemption; and
WHEREAS the municipality has heard from local hunters that want to have the right to hunt on
Sundays; and
WHEREAS increased hunting hours have been encouraged by the Province to manage wildlife
numbers.
THEREFORE BE IT RESOLVED that Niagara Falls City Council request a regulation under the
Fish and Wildlife Conservation Act, 1997 allowing Sunday gun hunting.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS Shark Fin soup is a delicacy in some countries and occasionally served at Asian
restaurants; and
WHEREAS sharks are "finned ", a process whereby a fin is removed from a live shark and the shark
is dumped back in the water; and
WHEREAS without the fin, the shark has a slow, painful death; and
WHEREAS the harvesting of shark fins has had a negative effect on the shark population.
THEREFORE BE IT RESOLVED that the Federal Government be called upon to ban the import of
shark fins; and
FURTHER BE IT RESOLVED that Canada take an international leadership role and propose a ban
on the harvesting of shark fins at the next Convention on International Trade of Endangered Species.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR
A by -law to designate Lots 18 and 19, Plan 243 to be deemed not to be within a registered plan of
subdivision.
WHEREAS subsection 50(4) of the Planning Act , R.S.O.1990, provides that the council of a local
municipality may by by -law, designate any plan of subdivision, or part thereof, that has been
registered for eight years or more, to be deemed not to be a registered plan of subdivision for the
purpose of subsection 50(3) of the Planning Act , R.S.O.1990;
AND WHEREAS the said land is within a plan of subdivision registered in 1968;
AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one
parcel, the passing of a by -law as provided in subsection 50(4) is necessary;
AND W EREAS the Council of the Corporation of the City of Niagara Falls, in the Regional
Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within
a registered plan of subdivision as provided in said subsection 50(4).
THE COUNCIL OF T E CORPORATION OF THE CITY OF NIAGARA FALLS ENACT
AS FOLLOWS:
1. Lots 18 and 19, Plan 243, in the City of Niagara Falls, in the Regional Municipality of
Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of
subsection 50(3) of the Planning Act, R.S.0.1990.
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading;
Second Reading:
Third Reading :
August 10, 2009
August 10, 2009
August 10, 2009
CITY OF NIAGARA FALLS
By -law No. 2009 -
A by -law to provide for the adoption of Amendment No. 91 to the City of Niagara Falls Official
Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text constituting Amendment No. 91 to the City of Niagara Falls Official Plan
is hereby adopted.
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 10, 2009
August 10, 2009
August 10, 2009
CITY OF NIAGARA FALLS
By -law No. 2009 -
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of
the following text, constitute Amendment No. 91 to the Official Plan of the City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. TEXT CHANGE
(i)
PART 2, SECTION 3, Preamble, the sentence "In order to guard against commercial
overbuilding, market studies to demonstrate needs and /or changes in the market
conditions will be used to direct development." is hereby deleted.
(ii) PART 2, SECTION 3, Policy 3.5.1 is deleted in its entirety. Policies 3.5.2 to 3.5.5
(inclusive) are re- numbered to 3.5.1 to 3.5.4 (inclusive) ;
(iii) PART 2, SECTION 4, policy 4.2.8 (i) is deleted in its entirety. Policies 4.2.8 (ii) to
(v) (inclusive) are re- numbered to 4.2.8 (i) to 4.2.8 (iv) (inclusive); and
(iv) PART 4, SECTION 14, policy 14.2.2 is deleted in its entirety. Policies 14.2.3 to
14.2.19 (inclusive) are re- numbered to 14.2.2 to 14.2.18 (inclusive).
CITY OF NIAGARA FALLS
By -law No. 2009-
A by -law to amend By -law No. 79 -200, being a by -law to permit light industrial uses and a retail outlet
mall within the Elgin Industrial Area.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by -law are described
in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule
1 is a part of this by -law.
2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use
of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any
conflict between a specific provision of this by -law and any existing provision of By -law No.
79 -200, the provisions of this by -law are to prevail.
3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and
regulations shall be the permitted uses and regulations governing the permitted uses on and of
the Lands.
4. The permitted uses shall be:
(a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of
raw or semi - processed or fully processed materials, and further provided that no such
use is dangerous, obnoxious or offensive by reason of the presence, emission or
production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse
matter or water carried waste
(b) Art gallery
(c) Auctioneering establishment
(d) Bake shop
(e) Bank, Trust Company, Credit Union, Currency Exchange
(f) Building supplies shop and yard
(g) Car rental establishment, truck rental establishment
(h) Carpenter shop
(i) Commercial bakery
(j) •Commercial printing and associated services establishment
(k) Contractor's or tradesman's shop, contractor's or construction equipment retail shop
(1) Convenience store
(m) Dry cleaning establishment
(n) Funeral home
(o) Garden centre
(p) Laboratory - experimenting, commercial or testing
(q) Museum
(r) Office
(s) Outlet mall
(t) Personal Service shop
(u) Photographer studio
(v) Place of entertainment
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(g)
-2-
Production and data processing establishment
Recreational uses
Restaurant
Retail store
Shop for the repair and servicing of goods, machinery and equipment
Veterinarian office
Warehouse
Wholesale establishment
Winery
Accessory retail to a maximum of 465 square metres per use
5. The regulations governing the permitted uses shall be:
(a) Maximum floor area of a 300 square metres
convenience store
(b) Parking and access requirements
for an outlet mall
in accordance with the requirements for a
shopping centre contained in section 4.19.1
of By -law No. 79 -200
(c) Outside storage will not be permitted except for the uses described in clauses (f) and
(o) of section 4 of this by -law where outside storage shall be limited to 50% of the lot
area.
(d) The maximum gross leasable floor area of all retail stores which may be contained in
all the buildings or structures on the Lands shall not exceed 18,580 square metres in
Phase 1 and a further 9,290 square metres in Phase 2 (after 2013).
(e) The maximum gross leasable floor area set out in clause (d) of this section does not
apply to the uses permitted in clauses (b), (d), (f), (o) and (ff) of section 4 of this by-
law.
(f) Individual retail stores shall have a maximum gross leasable floor area of not more than
700 square metres save and except for a maximum of 2 retail stores which may have
a maximum gross leasable floor area of 1,394 square metres.
The maximum gross leaseable floor area restrictions set out in clause (f) of this section
does not apply to the uses permitted in clauses (b), (d), (f), (o) and (ff) of section 4 of
this by -law.
(h) The balance of regulations specified for a PI use with the exception of clause (m) of
section 11.1.2 of By -law No. 79 -200.
6. For the purposes of this By -law the following definitions shall apply:
"Convenience store" means an establishment where prepared food, groceries, household items,
tobacco, patent medicines, periodicals and other similar items are kept for retail sale to the
public and may include automated banking machines, depots for laundry and dry cleaning and
media rental.
-3-
"Department store" means a retail store where a wide range of merchandise is sold, including
but not limited to: general merchandise, drugs and medicines, food, wine, lottery products, and
garden centre; and where a wide range of services may be provided, including but not limited
to: photographic services, restaurant, including take -out and drive - through facilities, optical
services, medical, dental and pharmaceutical services, banking, financial and real estate
services, telecommunications services, automotive rental, service and repair, gas bar, car wash,
children's amusement facility, travel agency, and personal services.
"Garden centre" means a lot, building or structure or part thereof, used for the wholesale and
retail sale of trees, shrubs, plants, soil, landscaping supplies, garden ornaments, fertilizers and
similar materials.
"Home improvement store" means a retail store devoted to the sale and /or rental from time to
time of material, equipment, tools and supplies for home improvements including: lumber;
building supplies and fixtures; lighting; kitchen and bath materials, supplies and fixtures; tools;
plumbing supplies and fixtures; paint and wallpaper; decor and storage materials and supplies;
flooring materials and supplies; wall, door or window coverings; paneling; ceilings; seasonal
items including lawn mowers, snowblowers, barbecues, pool equipment and chemicals and
nursery and landscaping plants, equipment and supplies; and may include ancillary retail sales
including a restaurant and may include the sale of services related to the enjoyment,
improvement or decoration of the home or to the use of any other goods sold in the store and
garden centre. Open storage may be permitted as an accessory use.
"Outlet mall" means a building or group of buildings held in single ownership and divided into
units for separate occupancy by individual retail stores, service shops, restaurants, recreational
uses or place of entertainment but shall not include a department store, a home improvement
store and/or a supermarket.
"Production and data processing establishment" means a building or part thereof used for the
production or reproduction of film, tape, digital media and records; data processing industries;
and binding and related industries with similar impacts.
"Supermarket" means a retail store devoted to the preparation and sale of food which may
include ancillary retail sales and services including, but not limited to a florist shop, a
pharmacy, home electronics, a wine shop, financial services, photo finishing, a coffee shop,
home office supplies, clothing, housewares, a garden centre, a health centre and seasonal
merchandise.
7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern
the permitted uses on the Lands, with all necessary changes in detail.
8. No person shall use the Lands for a use that is not a permitted use.
9. No person shall use the Lands in a manner that is contrary to the regulations.
10. The provisions of this By -law shall be shown on Sheet D3 of Schedule "A" of By -law No. 70-
200 by redesignating the Lands from TDI -33, in part, and TC, in part, to LI and numbered 874.
11. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.33.
-4-
12. Section 19 of By -law No. 79 -200 is amended by adding thereto:
19.1.874 Refer to By -law No. 2009- .
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 10, 2009
August 10, 2009
August 10, 2009
SCHEDULE 1 TO BY -LAW No. 2009-
Subject Land
11111=-W" II11 Ilia_ ' iii ��ii�� I ro otai it .
111111_ �� -- —
Description: Part of Township Lot 92, Stamford
Now in the City of Niagara Falls
Regional Municipality of Niagara
Applicant: City of Niagara Falls
K: \GIS_Requests\ 2008 \Schedules \ZoningAM\AM -13 \mapping. ma p
Amending Zoning By -law No. 79 -200
1:NTS
AM- 2008 -013
May 2009
4. The permitted uses shall be:
CITY OF NIAGARA FALLS
By -law No. 2009-
A by -law to amend By -law No. 79 -200 to permit a broad range of industrial, service commercial and
institutional uses within a portion of the Elgin Industrial Area.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by -law are described
in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule
1 is a part of this by -law.
2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the
use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case
of any conflict between a specific provision of this by -law and any existing provisions of By-
law No. 79 -200, the provisions of this by -law are to prevail.
3. Notwithstanding any provisions of By -law No. 79 -200 to the contrary, the following uses and
regulations shall be the permitted uses and regulations governing the permitted uses on and
of the Lands.
(a) Manufacturing, compounding, processing, packaging, crating, bottling and
assembling of raw or semi - processed or fully process materials, provided that no such
use is dangerous, obnoxious or offensive by reason of the presence, emission or
production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse
matter or water carried waste
(b) Art gallery
(c) Assembly hall
(d) Auctioneering establishment
(e) Bake shop
(f) Bank, Trust Company, Credit Union, Currency Exchange
(g) Building supplies shop and yard
(h) Car rental establishment, truck rental establishment
(i) Car wash, interior and exterior hand car cleaning
(j) Carpenter shop
(k) Clinic
(1) Cold storage plant
(m) Commercial bakery
(n) Commercial printing and associated services establishment
(o) Community building
(p) Contractor's or tradesman's shop, contractor's or construction equipment rental shop
(q) Convenience store
(r) Dry cleaning establishment
(s) Funeral home
(t) Health centre
(u) Hotel
(v) Laboratory - experimenting, commercial or testing
(w) Laundry
(x) Laundry plant
(y) Library
(z) Machine shop
(aa) Motel
(bb) Museum
(cc) New car agency
(dd) Office
(ee) Personal service shop
(ff) Photographer's studio
(gg) Place of entertainment
(hh) Place of worship
(ii) Production and data processing establishment
Public garage, autobody
(kk) Public garage, mechanical
(11) Recreational uses
(mm) Religious institution
(nn) Restaurant
(oo) Shop for the repair and servicing of goods, machinery and equipment
(pp) Used car lot
(qq) Veterinarian office
(rr) Warehouse
(ss) Wholesale establishment
(tt) Winery
(uu) Accessory retail to a maximum floor area of 465 square metres per use described in
clauses (a) to (tt) inclusive
Gj)
5. The regulations governing the permitted uses shall be:
(a) Minimum front yard depth
(b) Minimum exterior side yard
width
(c) Minimum landscaped open
space
-2-
6 metres plus any applicable distance specified
in section 4.27.1 of By -law No. 79 -200
6 metres plus any applicable distance specified
in section 4.27.1 of By -law No. 79 -200
5% of the lot area
A minimum of 6 metres between the street line and any parking area except for any
driveways shall be maintained as landscaped open space. In the case of a corner lot,
the exterior side yard shall be subject to the same landscaped open space regulations
as for a front yard. In addition, that portion of the rear yard abutting on a side street,
except for any driveways, shall be maintained as landscaped open space to a depth
of 1.5 metres.
(d) Outside storage will be limited to 5% of the site area, and no outdoor storage will be
permitted within 50 metres of any street.
(e) Maximum floor area of a 300 square metres
convenience store
First Reading:
Second Reading:
Third Reading:
-3-
(f) All permitted uses, except for the uses described in clauses (h), (cc) and (pp) of
section 4 of this by -law, are to be conducted within a wholly enclosed building.
The balance of regulations specified for a LI use.
(g)
6. For the purposes of this by -law the following definitions shall apply:
"Convenience store" means an establishment where prepared food, groceries, household
items, tobacco, patent medicines, periodicals and other similar items are kept for retail sale
to the public and may include automated banking machines, depots for laundry and dry
cleaning and media rental.
"Production and data processing establishment" means a building or part thereof used for the
production or reproduction of film, tape, digital media and records; data processing
industries; and binding and related industries with similar impacts.
7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to
govern the permitted uses on the Lands, with all necessary changes in detail.
8. No person shall use the Lands for a use that is not a permitted use.
9. No person shall use the Lands in a manner that is contrary to the regulations.
10. The provisions of this By -law shall be shown on Sheets C3 and D3 of Schedule "A" of By-
law No. 79 -200 by redesignating the Lands from HI, in part, HI and numbered 49, in part,
and GI and numbered 53, in part, to LI and numbered 869.
11. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.49.
12. Section 19 of By -law No. 79 -200 is amended by adding thereto:
19.1.869 Refer to By -law No. 2009- .
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
August 10, 2009
August 10, 2009
August 10, 2009
SCHEDULE 1 TO BY -LAW No. 2009
Subject Land
47.8 m
60.15, m
i
A= 50.41,m
145.5 m
99.1 m
30.5 m
93.8 -m
f6.6 ni
97.6 m
218 m
, ' , 13:8-m 155.5 m
91.9_m 61 m illlillll® ''
18:3 m 2 m
A =256.1 m
'as 47.9 m
'3 67:7.m
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
K: \GIS_Requests \2008 \Schedules \Zon ingAM\AM -13 \mapping.map
Amending Zoning By -law No. 79 -200
N
s
1:NTS
AM- 2008 -013
April 2009
CITY OF NIAGARA FALLS
By -law No. 2009 -
A by -law to amend By -law No. 79 -200 to recognize parkland within the Elgin Industrial Area.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by -law are described
in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule
1 is a part of this by -law.
2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the
use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case
of any conflict between a specific provision of this by -law and any existing provision of By-
law No. 79 -200, the provisions of this by -law are to prevail.
3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and
regulations shall be the permitted uses and regulations governing the permitted uses on and
of the Lands.
4. The permitted uses shall be the uses permitted in an OS zone.
5. The regulations governing the permitted uses shall be the regulations specified for an OS use.
6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to
govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this By -law shall be shown on Sheet D3 of Schedule "A" of By -law No.
79 -200 by redesignating the Lands from HI, in part, GI, in part, R2, in part, and I, in part, to
OS.
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 10, 2009
August 10, 2009
August 10, 2009
SCHEDULE 1 TO BY -LAW No. 2009
Subject Land
20.1 m
MEM
NUM
MEM
10
482.8 m
WM
mm
-
-
-
-
-
f
nmmlinimunme'iu_!rium 11mt0111rnu mt._ it
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
Applicant: City of Niagara Falls
K: \GIS_Requests\ 2008 \Schedules \ZoningAM\AM -13 \mapping. map
N
1:NTS
AM- 2008 -013
April 2009
CITY OF NIAGARA FALLS
By -law No. 2009-
A by -law to amend By -law No. 79 -200 to permit an apartment building with commercial uses on the
ground floor within the Elgin Industrial Area.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by -law are described
in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule
1 is a part of this by -law.
2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the
use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case
of any conflict between a specific provisions of this by -law and any existing provision of By-
law No. 79 -200, the provisions of this by -law are to prevail.
3. Notwithstanding any provisions of By -law No. 79 -200 to the contrary, the following uses and
regulations shall be the permitted uses and regulations governing the permitted uses on and
of the Lands.
4. The permitted uses shall be:
(a) An apartment dwelling with or without a retail store.
(b) Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14 of By -law No. 79 -200.
5. The regulations governing the permitted uses shall be:
(a) The regulations specified for an R5B use.
(b) The maximum floor area of a retail store shall be 230 square metres and it shall be
located entirely on the ground floor.
6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to
govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this By -law shall be shown on Sheet D3 of Schedule "A" of By -law No.
79 -200 by redesignating the Lands from I to R5B and numbered 867.
-2-
10. Section 19 of By -law No. 79 -200 is amended by adding thereto:
19.1.867 Refer to By -law No. 2009- .
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 10, 2009
August 10, 2009
August 10, 2009
SCHEDULE 1 TO BY -LAW No. 2009
Subject Land
Description: Part of Township Lots 76, Stamford
Now in the City of Niagara Falls
Regional Municipality of Niagara
Applicant: City of Niagara Falls
K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 13 \mapping.map
Amending Zoning By -law No. 79 -200
N
1:NTS
AM- 2008 -013
April 2009
CITY OF NIAGARA FALLS
By -law No. 2009-
A by -law to amend By -law No. 79 -200 to permit tourist commercial uses within a portion of the
Elgin Industrial Area.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by -law are described
in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule
1 is a part of this by -law.
2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the
use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case
of any conflict between a specific provision of this by -law and any existing provision of By-
law No. 79 -200, the provisions of this by -law are to prevail.
3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and
regulations shall be the permitted uses and regulations- governing the permitted uses on and
of the Lands.
4. The permitted uses shall be:
(a) Art gallery
(b) Assembly hall
(c) Automobile service station
(d) Bank, Trust Company, Credit Union, Currency Exchange
(e) Car rental establishment, truck rental establishment
(f) Car wash, interior and exterior hand car cleaning
(g) Convention centre
(h) Day nursery
(i) Drive -in restaurant
(j) Exhibitions of wax works, automobiles, handcrafts, natural or artificial curiosities,
freaks of nature
(k) Gasoline bar
(1) Health centre
(m) Hotel
(n) Motel
(o) Museum
(p) Office
(q) Parking lot
(r) Personal service shop
(s) Photographer's studio
(t) Place of entertainment
(u) Place of worship
(v) Private club
(w) Public garage, mechanical
First Reading:
Second Reading:
Third Reading:
-2-
(x) Recreational uses
(y) Restaurant
(z) Service shop
(aa) Sightseeing tours establishment, sightseeing tourist information centre
(bb) Tourist home
(cc) Dwelling units in a building in combination with one or more of the uses listed in this
section, provided that not more than 50% of the total area of such building is used for
dwelling units and further provided that such dwelling units except entrances thereto
are located entirely above the ground floor.
5. The regulations governing the permitted uses shall be the regulations specified for a TC use.
6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to
govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this By -law shall be shown on Sheet D3 of Schedule "A" of By -law No.
79 -200 by redesignating the Lands from LI, in part, and R2, in part, to TC and numbered 868.
10. Section 19 of By -law No. 79 -200 is amended by adding thereto:
19.1.868 Refer to By -law No. 2009- .
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
August 10, 2009
August 10, 2009
August 10, 2009
SCHEDULE 1 TO BY -LAW No. 2009
Subject Land
Applicant: City of Niagara Falls
K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM -13 \mapping. map
Amending Zoning By -law No. 79 -200
Description: Part of Township Lots 74, 75 and 76, Stamford
Now in the City of Niagara Falls
Regional Municipality of Niagara
N
s
1:NTS
AM- 2008 -013
June 2009
CITY OF NIAGARA FALLS
By -law No. 2009 -
A by -law to designate Blocks 2, 3 & 4, Registered Plan 59M -357, not be subject to part-lot control.
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council
of a local municipality may by by -law designate lands that would otherwise be subject to part-lot
control, not be subject to such part-lot control;
AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be
approved by the appropriate approval authority, that being The Regional Municipality of Niagara as
per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by
Regional Municipality of Niagara By -law No. 8819 -97;
AND WHEREAS the said land is zoned by By -law No. 92 -240 to permit the erection of one
apartment building on each block;
AND W EREAS the owner proposes to shift the boundary lines between the blocks to
accommodate building designs on the said land;
AND WHEREAS the proposed property configuration maintains a total of three blocks that comply
with the minimum provisions of the Zoning By -law;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient
to designate that the said land not be subject to part-lot control.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 2, 3 & 4,
Registered Plan 59M -357, in the City of Niagara Falls, in the Regional Municipality of Niagara.
2. This by -law shall remain in full force and effect for six months from the date of passage of
this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect.
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 10, 2009
August 10, 2009
August 10, 2009
A by -law to authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited,
Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg
Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp., the Regional
Municipality of Niagara and the City of Niagara Falls, respecting the funding of road improvements
at the McLeod Road and Queen Elizabeth Way interchange.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Agreement made between Oakwood Place Shopping Centre Limited, Canadian Tire Real
Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation,
Scott Group of Companies Inc., The TDL Group Corp., the Regional Municipality of Niagara and
the City of Niagara Falls, respecting the funding of road improvements at the McLeod Road and
Queen Elizabeth Way interchange, as attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Agreement.
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 10, 2009.
August 10, 2009.
August 10, 2009.
CITY OF NIAGARA FALLS
By -law No. 2009 -
CITY OF NIAGARA FALLS
By -law No. 2009 - 133
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 "A" and Schedule "A" attached
hereto shall be inserted in lieu thereof.
2. By -law No. 2002 -081 is amended by deleting Schedule `B" and Schedule "B" attached
hereto shall be inserted in lieu thereof.
3. By- lawNo. 2002 -081 is amended by deleting Schedule "C "and Schedule "C" attached hereto
shall be inserted in lieu thereof.
4. By -law No. 2002 -081 is amended by deleting Schedule "D I "and Schedule "Dl" attached
hereto shall be inserted in lieu thereof.
5. That By -laws 2007 -217, 2009 -34 and 2009 -83 be hereby repealed.
6. This by -law shall come into force upon passing.
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 10, 2009.
August 10, 2009.
August 10, 2009.
1. Chief Building Official:
John Castrilli
2. Inspectors:
Tammy Agnoletto
Wayne Allen
Louie Baldinelli
Luciano Chieca
Frank Devereaux
Brian Dickson
Effat Effat
Sandro Elia
Jim Jessop
John Kedzierski
Todd Maiuri
Christel Meyer
Carmen Mignelli
Nick Pietrangelo
Roger Pigeon
Franco Piscitelli
Phil Ross
Ellen Roupas
Fred Sacco
Lee Smith
Ben Trendle
Ron Waters
3. Property Standards Officers:
Brian Sparks
William Smith
SCHEDULE "A"
1. Municipal By -law Enforcement Officers:
Wayne Allen
Paul Brown
Tim Burshtein
Tom Craig
Ed Czban
Barry Dalton
John Grubich
Dean Iorfida
Nick Pietrangelo
Franco Piscitelli
Dave Rogers
Philip Rudachuk
Bart Skiba
Brian Sparks
Ron Waters
Dan Wilson
SCHEDULE "B"
1. Parking By -law Enforcement Officers:
Beth Angle
Sam Arnold
Charles Arsenault
Sylvio Basque
James Edward Bird
Gordon Boardman
Gabe Bogucki
Jordan Brouillard
Robert Bunn
Bob Bunston
Marzenna Carrick
Julio Cavaliere
Bob Chambers
Joe Corradi
Bill Crowder
Alex DeGaust
Larry Desormeaux
Bob DiGirolamo
Larry Downing
Hanya Goforth
Kevin Howe
Louis Hussey
Les Jarvis
Erroll Kettell
Norm Leonard
David Lewis
John MacLeod
Rob McDonald
John McPherson
Kerri Michaud
Kathy Moldenhauer
Chris Nave
Al Poisson
Jim Reggler
Stewart Rodgers
Philip Rudachuk
Chris Russell
Chris Seabrook
David Smith
Gary Statchura
Amanda St Laurent
Matt Vandervelde
Jana Vermeulen
Brenda Wylie
SCHEDULE "C"
SCHEDULE "Di"
FACTORY ONE OUTLET MALL
1. Parking By -law Enforcement Officers on private property:
Leslie Aiello
Charles Coffman
Nick Galotta
Eli Hoffmann
Terry Loiselle
Steven Lott
Jeffrey Charles Petrullo
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. (Parking Prohibited)
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)
by deleting from the specified columns of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Second Ave. North -east A point 43 m North of Stamford St. At any time
and a point 88 m northwest
Second Ave. West Stamford St. and a point 43 m North At any time
-2-
(2) by adding to the specified columns of Schedule C thereto the following items:
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Second Avenue North The western edge of Second Avenue (Southern At All Times
North /South Segment) and a point 12 metres west
of the western edge of Second Avenue (Southern
North /South Segment)
Second Avenue North The eastern edge of Second Avenue (Southern At All Times
North /South Segment) and the eastern terminus of
Second Avenue (East/West Segment)
First Reading: August 10, 2009
Second Reading: August 10, 2009
Third Reading: August 10, 2009
PARKING PROHIBITED
This By -law shall come into force when the appropriate signs are installed.
Passed this tenth day of August, 2009.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
Passed this tenth day of August, 2009.
First Reading:
Second Reading:
Third Reading:
August 10, 2009
August 10, 2009
August 10, 2009
CITY OF NIAGARA FALLS
By-law No. 2009 -
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10` day
of August, 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 10 day of August, 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.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR