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2010/08/30COMMUNITY SERVICES COMMITTEE AGENDA 1) Approval of the August 9, 2010 Community Services Minutes. 2) REPORTS: a) F- 2010 -51 Financing for the Construction of the Bob Gale Arena Complex b) R & C- 2010 -17 Niagara United Soccer Club Inc. Agreements c) R& C- 2010 -19 Merging Trails & Bikeway and Park in the City Committees d) TS- 2010 -22 Niagara Falls International Marathon Request e) TS- 2010 -37 Niagara Air Bus Vehicles TWELFTH MEETING Monday, AUGUST 30, 2010 4:00 p.m. City Hall, Committee Room #2A & B f) TS- 2010 -40 Niagara Falls Transit's 50th Anniversary g) TS- 2010 -39, Transit Agreement with Brock University Student Union h) TS- 2010 -42, Transit Agreement with the Town of Fort Erie I) PD-2010-74 Appeal of Committee of Adjustment Decisions (10460 Ort Road, Part of Lot 1, Concession 6, Town of Crowland) j) MW- 2010 -56 Development Agreement with McLeod Square Inc. External Services Construction, Including McLeod Road Access Improvements k) MW- 2010 -53 Downtown I nfrastructure Revitalization Project Project Status and Implementation Plan 3) NEW BUSINESS: 4) ADJOURNMENT: a) Resolution to go into Closed Meeting. IN CAMERA SESSION STAFF CONTACT: Todd Harrison Ken Todd Ken Todd Karl Dren Karl Dren Karl Dren Karl Dren Karl Dren Alex Herlovitch Geoff Holman Geoff Holman MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Eleventh Meeting Monday, August 9, 2010, Committee Room 2, 5:00 P.M. PRESENT: Chair - Councillor Carolynn loannoni, Mayor Ted Salci, Councillors: Wayne Thomson, Bart Maves, Jim Diodati, Shirley Fisher, Victor Pietrangelo, Janice Wing, and Vince Kerrio. ABSENT: All present STAFF: Ken Todd, Ken Beaman, Lee Smith, Alex Herlovitch, Serge Felicetti, Todd Harrison, Trent Dark, Dale Morton, Dean Iorfida, and Teresa Fabbro, Steno. GUEST: Gordon West, Laurel Campbell, David Fotheringham, Jim Doherty, Garry Beck, Gary Burke, Don Jackson, Margaret Mingle, VJ Kapur PRESS: Corey Larocque, Niagara Falls Review 1) MINUTES: a) MOVED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of the July 19, 2010 meeting be approved. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. Councillor Diodati entered the Committee Room 2) REPORTS: a) PD- 2010 -61 Matters Arising from the MHC, Queen Victoria Fountain MOVED on the motion of Councillor Pietrangelo, seconded by Councilor Diodati that the report be received for information. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. b) PD- 2010 -69 Supplemental Report - Queen Victoria Fountain /Monument Don Jackson, member of the Board of Museums, made a brief powerpoint presentation to the committee expressing how critical the move of the fountain is so that the construction of the museum can begin. Janice Wing, Chair, Municipal Heritage Committee, brought some issues of concern to the committee. The future location of the fountain favored by the main and Ferry BIA is that it remain in this location. The Municipal Heritage Committee members would like to see the method of movement with the least disruption to the fountain used and the least expensive. -2- MOVED on the motion of Councillor Diodati, seconded by Councillor Wing that Council approve the following: That the Queen Victoria Fountain be removed from its current location intact, if physically possible, by a qualified mason following proper and prescribed heritage preservation practices and held in storage; and That staff, the Museum Board, the Municipal Heritage Committee and the Main & Ferry BIA work together to determine the appropriate future location for the monument and report back to Council. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. c) CD- 2010 -08 Niagara Military Museum MOVED on the motion of Councillor Thomson, seconded by Mayor Salci that the following be approved: That a 30 -month lease be prepared between the City and the Niagara Military Museum; That at the end of the 30 -month lease there be a complete review and report presented to Council on the long term viability of the Niagara Military Museum, prior to any further commitment by the City, and That the Mayor and Clerk be authorized to execute the lease. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. d) PD- 2010 -62 Status of the Special Purpose Reserve within the Historic Drummondville CIP Area VJ Kapur, 5824 Main Street, requested that the committee take into consideration inactive applications and that the applicants can revive their applications without having to reapply. MOVED on the motion of Councillor Wing, seconded by Councillor Thomson that Council receive the breakdown of the Special Purpose Reserve for the Historic Drummondville CIP and rescind the approval of five CIP applications based on the inactivity taking place on the properties, with the applicants of the inactive applications able to revive their applications, if they so wish, without having to formally reapply. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. f) TS- 2010 -37 Niagara Air Bus Vehicles h) CAO- 2010 -06 Gale Centre Alarms i) CD- 2010 -07 Political Advertising - e) F- 2010 -48 Assessment of Outdoor Inventory Areas MOVED on the motion of Councillor Thomson, seconded by Councillor Diodati that Council petition MPAC, through AMO, for amendments to the Assessment Act to tax outdoor inventory areas. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. MOVED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be deferred. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. g) TS- 2010 -38 Family & Children Services Charter Request MOVED on the motion of Councillor Thomson, seconded by Councillor Fisher that Council approve the request of FAC's for a grant equal to the cost of Charter Services. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be received for the information of Council. Motion: Carried Action: Recommendation submitted to Council August 9, 2010. MOVED on the motion of Councillor Thomson, seconded by Councillor Mayes that the Corporate Advertising Policy state the following regarding political advertising: The City will not allow advertising, either directly or through third party arrangements that:Promotes, or may be construed to promote, a political party or candidate, so as to avoid any impression that the City is supporting any particular party or candidate Motion: Carried Action: Recommendation submitted to Council August 9, 2010. 3) NEW BUSINESS: Motion: Carried a) MOVED on the motion of Councillor Maves, seconded by Councillor Thomson that a letter be sent to Toronto Blue Jay All Star John Buck inviting him to Niagara Falls. 4) ADJOURNMENT: -4- Motion: Carried Action: Recommendation submitted to Council August 9, 2010. MOVED on the motion of Councillor Fisher, seconded by Councillor Maves that the meeting be adjourned at 6:25 p.m. and Committee move into an In- Camera Session. F- 2010 -51 Niagaraaalls August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -51 Financing for the Construction of the Bob Gale Arena Complex RECOMMENDATION That the Council request the Region of Niagara to issue debentures on behalf of the City of Niagara Falls totaling $ 32,812,500. EXECUTIVE SUMMARY The construction of the Gale Centre is virtually complete with only minor adjustments remaining. The City is now initiating the process to issue debentures for the project financing. The Municipal Act requires that the City of Niagara Falls issue long term debt through the Region of Niagara. Earlier in this year, the Region issued its annual debenture for 2010. A lower tier municipality can request that the Region proceed with additional debentures in a year. The City of Niagara Falls is now submitting a request to the Region to start this process as the temporary construction financing will end early in the new year. The debenture amount is contingent upon the remaining funding sources being attained, notably, the sale of the decommissioned arenas and fund - raising activities. BACKGROUND The City, as a lower tier municipality, cannot issue its own debentures but rather requests the Region of Niagara to issue the debt on behalf of the City. This report will form the basis for the Region of Niagara to prepare a debenture issue for the end of the year. The City will again be engaging Infrastructure Ontario to issue the debenture on its behalf through the Region. ANALYSIS /RATIONALE The issue has been raised by Council at previous discussions on the long term financing of the Gale Centre as to the appropriate term of the debenture. Consideration of the appropriate debenture term is a trade off between afford ability, years of operational use and the total costs paid. Traditionally, municipalities have preferred to borrow for terms of 10 years, however a trend has started wherein longer terms of 30 years have become more common. In the case of the Gale Centre, the newly constructed facility is replacing two aging facilities that are at the end of their useful lives. The first evaluation factor is afford ability is based on the impact on existing taxpayers. The issuance of the debenture will result in annual payments that will become part of the 2011 General Purpose Budget. In general the shorter the payment period, the greater the impact on the existing ratepayer. The longer August 30, 2010 - 2 - F- 2010 -51 the payment period, the lower the impact on existing ratepayers. The second factor is the length of time the facility will be used. It is anticipated, that the new facility will be used for at least another 40 years, probably longer. The argument can be made that the debenture term should be consistent with the life of the asset. The use of longer term borrowing instruments have been utilized to reflect the useful life of the asset being built. The third factor that should be considered when determining the length of borrowing term is the total costs paid for the facility. A longer term will result in a greater total cost, however inflation impacts this factor as todays dollar is more valuable than those spent in future years. On the other hand, a shorter borrowing term of less than the life of the asset can also be supported since the total cost of borrowing will be less since less interest will be paid. To assist in the evaluation of the three factors, staff have compiled a summary of four options based on payment terms in increments of 10 years. The chart illustrates for each term, the total amount borrowed, the annual repayment required to be funded from the General Purposes Budget based on a borrowing rate of 5 %, the total payments made for each option and finally the net present value of each options payments based on an annual inflation rate of 2.5 %. From the point of afford ability the 40 year term at an annual charge of approximately $1,918,536 is the lowest while the least affordable is the 10 year term with a repayment amount of $4,222,075 per year. Staff believe that neither a 10 year term or a 20 year term are affordable based on the other budget pressures facing the City. A repayment term of 30 years will result in an annual charge of $2,135,876. Again, from the useful life of the building perspective, based on the length of service of the two facilities being replaced, the Gale Centre will be used for at least 40 years and probably longer. From this perspective the forty year payment term is the favored option as it matches the cost of the facility with its use. Repayment terms of a shorter length than the useful life requires that taxpayers in the earliest years pay a greater proportion of the cost than those who receive benefit in later years. From the third perspective, the total paid cost, In Appendix A, the final two columns illustrates the total cost paid in today's dollars and the total cost of the payments using the NPV calculation. As this illustrates, the longer the term, the greater the total payments made. It should be pointed out that the total cost between a 30 year term and 40 year term will be approximately $12.6M, but that the true difference in 2010 dollars based on net present value is $3.4M. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The issuance of debt for the Gale Centre will impact operating expenditures in the 2011 General Purposes Budget as the repayment of the project will be expended there. Staff suggest that two options are viable. The first is that the debt be issued for a period of 40 years, based on the three factors above. A second option, is to issue debt for a period of 30 years and to utilize the Capital Reserve to offset the difference in annual repayments of approximately $217,000 until 2013 when existing municipal debt will be eliminated. In this scenario, the reserve funding will mitigate the higher cost of the shorter term until existing debt is retired. In the 2010 Capital Budget summary, the City's five -year debenture plan was included. The debenture issue for the Gale Centre was identified in the listing as two issuances, one in August 30, 2010 - 3 - F- 2010 -51 2010 for $29,500,000 and one in 2011 for the remainder. However, the temporary construction financing was available for the entire year, thereby rescinding the need to issue debt in July as planned. It is hopeful that the debt for the building can be issued commemorate starting with the new year. The cost of the debt repayment will be a direct increase to the City's operating expenditures. Some operating savings and additional revenue opportunities will be available to offset the debenture costs, but these will not be fully known until the facility has operated for a full year. After the issuance of this debenture, the City's total debt will increase to $75,480,332. The annual repayment as a percentage of total own source revenues will be 8.8% which is Tess than the provincial maximum of 25 %. LIST OF ATTACHMENTS Appendix A; Comparative Costs of different d$benture .Iternatives. / /f if Recommended by: Respectfully submitted: TH /Iw Todd rson, Dir: ctor qlf Finance T Ken dd, Chief Administrative Officer August 30, 2010 - 4 - F- 2010 -51 Appendix A : Comparative Costs of different debenture alternatives Options 10 year 20 year 30 year 1 40 year Borrowed Amount $32,812,500 32,812,500 32,812,500 32,812,500 Estimated Annual Total Payment Service Cost $4,220,075 2,625,795 2,135,876 1,918,538 $42,200,755 52,515,902 64,076,273 76,741,477 NPV at Annual Inflation of 2.5% $37,135,222 41,129,053 44,890,336 j 48.334.331 NiagaraFalls August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -17 Niagara United Soccer Club Inc. Agreements RECOMMENDATION 1. That the agreements with Niagara United Soccer Club Inc. be approved; 2. That the Mayor and Clerk be authorized to execute the first two agreements. EXECUTIVE SUMMARY R &C- 2010 -17 For the past several years, the City and Niagara United Soccer Club have benefitted through a partnership in the development of the Kalar Park `Home for Girls Soccer' facility on Kalar Road. The three agreements solidify the partnership between the City of Niagara Falls and Niagara United Soccer Club Inc. in the development and operation of the Kalar Road Soccer complex. BACKGROUND The City of Niagara Falls and Niagara United Soccer Club Inc. (formerly Niagara Falls Girls Soccer Club) began meeting in 2001 to discuss the construction of the Kalar Road Soccer Complex. A formal lease agreement was developed in 2003. The addition of a multipurpose artificial turf field in 2008 was based on a mutual commitment to the principle of equitable access and community scheduling of the field for use by other City or community related sport organizations. The Club committed to contribute half of the costs for the capital project. The long term plan for the soccer complex included a future building with washrooms, storage space, concession and offices. The Clubhouse building will be completed this Fall. August 30, 2010 - 2 - R &C- 2010 -17 ANALYSIS /RATIONALE The City and the Club have met on several occasions to discuss and modify the agreements. The agreements represent a commitment by both parties to the development and daily operations of the complex. The first agreement is the original 2003 agreement with amendments as requested by Niagara United Soccer Club Inc. The Club requested details be inserted in the agreement regarding the acquisition of land with financial assistance from the Club for the Kalar Park complex. The term of the original agreement was extended to match that of the Artificial Turf and Clubhouse agreements. The second agreement is the Kalar Park Artificial Turf agreement. This agreement states Niagara United Soccer Club's financial contribution and payment terms. The use of the field, user fees, maintenance and insurance requirements are also defined in the agreement. The final agreement is the Kalar Park Clubhouse agreement. This agreement defines Niagara United Soccer Club's designated office space and storage area within the Clubhouse, the term of agreement, Concession terms and conditions, Advertising and insurance requirements. Staff will continue to negotiate with NUSC to finalize the Clubhouse agreement and seek Council's approval in the fall of 2010. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Niagara United Soccer Club Inc. will provide the City of Niagara Falls with a contribution of $450,000.00 by 2015 toward the capital construction costs for the artificial turf project. The contribution represents half of the capital project cost. CITY'S STRATEGIC COMMITMENT The Parks, Recreation & Culture Strategic Plan Action Plan #3 states Develop Effective Partnerships. The partnership with Niagara United Soccer Club has benefited the community through cost sharing for an artificial turf field and by providing a valuable community service. Recommended by: Approved by: 7/4- - tV (.(xce i Kathy Moldenhauer, Manager of Policy & Community Development K n Todd, Chief Administrative Officer NiagaraJalls August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture R &C- 2010 -19 SUBJECT: R& C- 2010 -19 Merging Trails & Bikeway and Park in the City Committees RECOMMENDATION That Council approve the merger of the Trails & Bikeway Committee with the Park in the City Committee. BACKGROUND In recent years, the Park in the City Committee has experienced growth and change regarding its mandate, vision and focus. The current mandate is to encourage civic pride, environmental responsibility and City wide beautification through community action. The Park in the City Committee has always supported efforts to promote expansion of trails throughout the City of Niagara Falls. Many representatives of the Park in the City Committee were advocates of the expansion of the Millennium Trail. More recently, the Park in the City Committee has focussed tree planting initiatives on City trails including planting approximately 40 trees along Garner Trail in 2009 and the Olympic Torch Run Legacy Trail in 2009. Recent province wide environmental initiatives have included promoting and educating the general public about the benefits of mass transit and "active transportation" (i.e., walking, cycling, etc.). As the City's "environmental committee," the Park in the City Committee's focus has expanded to include the improvement and promotion of trails and the promotion and development of bike lanes. In the past, the Trails & Bikeway Committee was a strong and vocal Committee, focussing on the promotion and expansion of the Millennium Trail, as well as the implementation of several events including the Ride of Silence, the Greater Niagara Circle Trek and Bike Safety Camps. More recently (i.e., 2009/2010), with a reduced budget and diminishing volunteer /committee member support, the Trails & Bikeway Committee has limited their focus to completing the Ride of Silence, partnering with the YMCA for a Bike Camp, and attending events (i.e., Canada Day at Optimist Park) to promote trails and bike safe roads in the City and the Region. More recently, the Trails & Bikeway Committee lost an integral member (and Chair). Reasons presented for the resignation included the general lack of CommitteeNolunteer Support and poor attendance at meetings and committee organized and managed events (i.e., Ride of Silence, Canada Day display, YMCA Bike Camp, etc.). August 30, 2010 - 2 - R&C- 2010 -19 It is the opinion of staff that existing projects /events (e.g., Ride of Silence, Bike Safety Training) that are unique to the Trails & Bikeway Committee, could be organized and managed by a Trails & Bikeway Sub - Committee if required and supported (i.e., in principal and through volunteer time) by the Park in the City Committee members. As the primary concerns of the Trails & Bikeway and Park in the City Committee grow increasingly alike, merging the Trails & Bikeway Committee with the Park in the City Committee will enable for streamlined action and decision making on a broader scope of projects (i.e., environmental, transportation). Attached is a draft Terms of Reference for the merged Park in the City and Trails and Bikeway Committee. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Merging the Trails & Bikeway Committee with the Park in the City Committee will ultimately reduce staff attendance at both committee meetings. CITY'S STRATEGIC COMMITMENT As per CD- 2004 -10 (2004 Appointments), various advisory committees should be encouraged to work together on projects of mutual interest. Parks, Recreation & Culture Strategic Plan 2007 Action Plan #2: Review and Revise Parks, Recreation and Culture Committee Structure, stated the following: "In our view, this structure is cumbersome, duplicates efforts, and impedes efficient decision - making. The committee structure, therefore, should be revised to reduce its size and create a structure that parallels the Department's mandate and promotes effective decision - making and use of staff resources. Project or study- specific committees such as the Trails Committee or the Arena Facilities Feasibility Study Committee should be disbanded once the project it is overseeing is complete. Members should also be selected on the basis of relevant skills and expertise." Based on the above action plan, the merging of the two committees is a positive step to assist in more efficient meetings and more effective decision making. ATTACHMENT 1. Revised draft Park in the City Terms of Reference Recommended by: Respectfully submitted: Lt cl Kathy Moldenhauer, Manager of Poli & Community Development Ken odd, Chief Administrative Officer Revised August 2010 Mandate: Purpose: The City of Niagara Falls The Park in the City Committee DRAFT Terms of Reference The Committee's mandate is to encourage civic pride, environmental responsibility and City wide beautification through community action. To advise Council on issues regarding Recreation Trail and Bicycle related programs and, to consider ways in which to help promote and develop Recreation Trails and Bikeway routes throughout the City of Niagara Falls. The Committee's purpose is to promote and carry out the above noted mandate through the identification and active promotion of various initiatives related to beautification and environmental responsibilities. The Committee's purpose is to provide support for local walking, cycling groups and the community in the provision of information about trail/bikeway routes, safety and training. The Committee will assist the City in the development of a marketing strategy that will be implemented to assist in the phasing of new parks, trails and facilities. The Committee will actively engage the community through the development of partnerships with various organizations to promote their mandate. The Committee will also assist in monitoring the implementation of the City's Beautification, Streetscape, Gateway Master Plan and Trails & Bikeway Master Plan. Ad -Hoc Committees may be formed to deal with specific initiatives identified by the Committee. Vision: It is the vision of the Committee to achieve a clean and safe City that contains attractive gardens, streetscapes and gateways and to encourage stewardship of natural resources, in terms of conservation, recycling and planning. Terms of Reference, The Park in the City Page 2 of 3 Membership, Chairperson(s) and Attendance: The Membership of the Committee will include a wide range of people having an interest, expertise and /or experience in beautification or the environment and /or include a wide range of trails and cycling enthusiasts with interest, expertise and experience in these fields. Membership will be composed of at least ten (10) citizen appointees, with a maximum of fourteen (14) appointees, and up to two (2) members of Council. Additional non - voting advisory representatives maybe invited to attend as the agenda warrants. This may include, but is not limited to, such individuals as the Summer Trillium Awards Committee Chairperson, and such agencies as the Niagara Parks Commission, local Business Improvement Areas (BIA's), Niagara Peninsula Conservation Authority, and Niagara Falls Tourism. The term of Membership of the Committee will coincide with the Term of City Council. An advertisement will be placed in the local newspaper for members as part of the City's process for selecting members to various City Committees. Members of the Committee will be selected by City Council. The Chairperson's duties shall be conducted by either the City Council representative(s) or a citizen appointee. If a citizen appointee is to be the chair, he or she is to be elected annually for a one year term. In the absence of the Committee Chairperson, the remaining members in attendance at the meeting shall elect one of their members present to chair the meeting. The Committee is only as effective as its participating members. A commitment from each member is important in order to carry out the Committee's mandate. A quorum is necessary to carry out the authority of the Committee. A quorum shall be 50 percent of the voting members plus one. If a Committee member misses a significant number of meetings, without reasonable explanation, he or she may be asked to reaffirm his or her commitment. If a vacancy occurs, the list of unsuccessful applicants will be consulted. If there are no unsuccessful applicants, or the unsuccessful applicants are uninterested in filling the vacancy, the Committee may put forward a name of a replacement for Council's consideration. Meeting Format: Meetings will be held on a monthly basis, or at the call of the Chair. Meetings will generally be held on the third Wednesday of each month from 4:00 p.m. to 6:00 p.m. at the MacBain Community Centre. The agendas and minutes will be prepared by the staff liaison from the Recreation & Culture. Attendance: It is expected that all Committee members will commit to attend all meetings and participate in events organized by the Committee. Advance notice must be given if a member will not be able to attend the regularly scheduled meeting. If any one member is absent for three (3) consecutive meetings, without explanation, the Committee may request the resignation from the member. If the member does not offer his/her resignation, the Committee may recommend removal of that member from the Committee for Council's consideration. Terms of Reference, The Park in the City Page 3 of 3 Staff Support: The City's Recreation & Culture liaison will act as Secretary- Treasurer to the Committee, providing professional and administrative support. Additional City staff support may be required depending on the agenda, policy development, special projects or committee initiatives. Budget: Costs associated with the administration and special projects related to the Committee's activities will be administered through Recreation & Culture. A budget will be requested for the administration of the Committee through the annual budget process each year for the consideration and approval of Council. Work Program: At the first meeting of each calendar year, the Committee will review its Work Program and Terms of Reference for the upcoming year. The Work Program will focus on: 1) Implementation ofbeautification initiatives, including the Beautification, Streetscape and Gateway Master Plan, the Communities In Bloom Program and the Trails & Bikeway Master Plan. 2) Promotion, education and their advisory role with respect to City policies on environmental, natural resources, greening matters and, alternate transportation. The Committee may establish additional ad -hoc task forces to deal with specific areas as needed. I have read and understand the City of Niagara Falls, The Park in the City Terms of Reference and the City of Niagara Falls Committee Protocol, and accept all responsibilities and expectations. (Please Print) Name: Date: Signature: V:\2010 COUNCIL\2010 08 30 \R &C- 2010 -19- Attachment #1 Terms of Reference - draft August 2010.wpd Niagarapalls REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS- 2010 -22 Niagara Falls International Marathon Request RECOMMENDATION: EXECUTIVE SUMMARY: BACKGROUND: August 30, 2010 1) That Council support funding the cost associated for providing shuttle services for the Niagara Falls International Marathon on Sunday, October 24, 2010 and, 2) That marathon organizers be advised that future funding requests be submitted to Council in advance of budget deliberations related to grant requests. For the past twelve years, Niagara Falls Transit has supported the Niagara Falls International Marathon with free operational assistance and shuttle service. At a historical annual cost ranging from $3,500.00 to almost $5,000.00, this represents a total cost of approximately $50,000.00 over the dozen years to the Transit operation. In addition to the Bus Operator's wages and operational costs for fuel and maintenance, a Transit Supervisor has been assigned to this unique charter event each year to ensure the shuttles operate quickly and effectively. For this year's event, the marathon organizers have, once again, requested Niagara Falls Transit Supervise and provide six buses free of charge to assist with the movement of race participants. It is being suggested that funding for this request be accommodated through the use of OPG funds. Niagara Falls Transit has been supporting the Niagara Falls International Marathon with transit shuttle services at no charge since 1998. As the provider of the Casino Associate Shuttles during this initial period, it was a mutually beneficial relationship to support the marathon, which was sponsored at that time, by the Casino. The commitment on behalf of Niagara Falls Transit has remained constant each year from 1998 to the present, although the Casino Associate Shuttle service ceased being provided by Niagara Falls Transit in 2003. August 30, 2010 TS- 2010 -22 Every year Transit has provided the event organizers with six buses, which remain in operation for nine hours per bus. In addition to these shuttles, a Transit Supervisor was dedicated to the initiative to attend all pre event transportation meetings, as well as be present on race day to ensure the efficient movement of people. The buses transport the approximately 5,500 contestants from the finish line at the Table Rock bus parking lot to the Crown Plaza Hotel. FINANCIAL /STAFFING The cost to provide this service is approximately $4,320.00. The funding of this expense is recommended to be derived from the interest earned on the OPG grant. CITY'S STRATEGIC COMMITMENT During the 2007 through 2010 term of Council, seven key Strategic Priorities were developed to improve the quality of life for the residents of this community. The Priority, which best encompasses the provision of transit services at no charge to the event organizers is `to strengthen and promote economic development within the City. Recommended by: Respectfully submitted: I Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer D. Stuart C: \Documents and Settings \mz321 \Local Settings \Temp\XPGrpWise \TS - 2010 -22 Marathon Request.wpd TS- 2010 -37 Niagaraaalls August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -37 Niagara Air Bus Vehicles RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY An inquiry was made as to why Staff decided to lease two buses from St. Catharines Transit Commission to assist with the additional services provided during the months of July and August, such as the Falls Shuttle and Town of Fort Erie Summer Service versus purchase used buses from Niagara Air Bus. When Niagara Falls Transit was made aware Niagara Air Bus had surplus buses they were interested in selling, Staff thoroughly inspected them in March of this year, to determine if these vehicles were suitable for our customers and provided value for our community. Unfortunately, upon review, staff noted some fundamental challenges with both their design and physical state. Based on the differences in design features, mechanical state of the equipment, and the flexibility provided through the lease arrangement, Staff has determined the short term agreement with the St. Catharines Transit Commission is financially and operationally the prudent decision to make for the benefit of our customers, maintenance operations, and community. The Niagara Air Bus vehicles are not designed as current city public transit vehicles as they lack accessible entrances and securement positions, wide aisle widths, handrails for standing and moving passengers, and front and side destination signs. Upgrading these buses would be in excess of $50,000 per bus, in addition to the cost of the bus. These buses were simply not constructed to be utilized as conventional public transit buses, which make frequent stops to accommodate many boarding and alighting fare paying customers. These buses were designed and built to be tour buses that make fewer stops (ie. hotel to hotel, etc.). August 30, 2010 - 2 - TS- 2010 -37 BACKGROUND Staff provides the following three factors, which led to the decision to lease, rather than purchase equipment to address seasonal demand; 1) Lacking City Coach Features Staff reviewed the Niagara Air Bus 2003 vehicles being offered for sale and deemed them inappropriate for our form of service due to: • The buses are not accessible and thus, will not meet the Accessibility for Ontarians with Disabilities Act guidelines. They are not equipped with an access ramp, lift, securement positions, and further, the aisle ways are too narrow to accommodate a personal mobility device. Retrofitting these buses would cost in excess of $35,000.00 and the rear and front doors would still involve steps for customers to board and alight the vehicle. Chair -A -Van Style Access Ramp (Not appropriate for conventional service) Standard Ramp for conventional service 16 08.2010 13:05 August 30, 2010 Front Entrance Steps - 3 - TS- 2010 -37 Rear Exit Steps • The buses are not equipped with hand rails or stanchions for standing /moving passengers. • Aisles are too narrow to accommodate personal mobility devices, strollers and individuals using canes, walkers, etc. Niagara Airbus Tour Bus Narrow Aisles Transit Bus with Accessible Aisles August 30, 2010 • The buses do not have a front or side destination signs to inform customers of routing information. This retrofit upgrade would cost in excess of $15,000.00. - 4 - TS- 2010 -37 No Electronic Programmable Destination Sign Front Electronic Programmable Destination Sign 2) Vehicle Concerns In addition to the lack of features, Transit Maintenance staff have physically inspected the vehicles being offered by Niagara Air Bus and determined the following: • The rear suspension on these vehicles is leaf spring, rather than the air ride suspension provided on our city coaches. The leaf springs create a much harsher ride for the customer, and are more punishing on the vehicle. • Also, these buses are no longer in production, which in conversation with other Transit properties using these buses, has made it extremely difficult to source all the necessary mechanical and body parts. • The components on these buses have no commonality to Transit's current stocked inventory. Especially, the major parts associated with engines, transmissions, axles, NC systems, and other body /frame parts. To source and stock the necessary components would be time consuming, costly, and there is no spare storage space in the stockroom. • There is significant rust and corrosion under the body, on frame rails and frame, and thus, will require costly structural repairs very soon. • Engines are very noisy and produce significant smoke. They are 2003 power plants, which produce far greater emissions than current clean diesel technology. August 30, 2010 3) Value of Leasing from St. Catharines Transit - 5 - TS- 2010 -37 Short term bus leasing from the St. Catharines Transit Commission offers a number of benefits for this seasonal application, including: • The monthly lease rate and conditions negotiated between the transit operations are very attractive since these buses would not have been in service in St. Catharines during the summer months. It is truly a mutually beneficial relationship. • The lease arrangement provides the flexibility to return one or both of the vehicles with a week's notice should they not be required. In fact, one of the two buses has been returned and thus, has eliminated a cost of $2,500.00 for August. • The vehicles are low floor, fully accessible and can accommodate up to two personal mobility devices. • The lease arrangements only hold the City responsible for daily "in service" repairs. Any major drive train or component repairs are the responsibility of the lessor, St. Catharines Transit. The only costs associated with these buses for the summer months is the lease payment. Major engine or transmission repairs can exceed $20,000.00. • Insurance is required during the Lease period only. Response to Mr. Mountain's email of August 8, 2010 Staff have confirmed that Mr. Mountain has his vehicles listed on the McNab Bus Sales website for the price of $79,000 plus tax, however Staff have confirmed the same buses are listed on the `Buses for Sale' website for $59,000, so Staff are not confident the deal being offered the City is attractive. His buses have between 181,000 to 211,000 miles on them. By comparison, during the investigation of the `Buses for Sale' website Staff discovered a Bluebird for sale, same year (2003), except it is a Transit bus with its mileage listed at 23,000 miles with an asking price of $39,900.00. It has low floors, wide aisle ways, wide accessible doors, handrails, stanchions and electronic destination signs included. 2003 Niagara Airbus Bluebird Tour Bus 2003 Bluebird Transit Bus (Available on the Buses for Sale website) August 30, 2010 Secondly, Mr. Mountain is downplaying the costs to add features to make them similar to a conventional transit bus. They are not minimal and they will not achieve the same result. Staff have confirmed the modifications will exceed $50,000.00 per bus. Although, Staff constantly looks for ways to save money, especially on large purchases such as a conventional transit bus, these five tour buses being offered will simply not meet the needs of our transit riders. These particular buses are intended for tour operations. This type of vehicle would service the hotel to hotel style service well. Even with the costly upgrades, you will still not have a vehicle that meets the rigours a conventional transit service demands. In addition, parts and support are extremely difficult to obtain. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The costs associated with leasing from St. Catharines Transit are $2,500.00 per month per bus. Vehicles may be returned to St. Catharines Transit Commission with a week's notice if they are not deemed necessary. This rate is very attractive and reflects the professional relationship between the two operations, which mutually share knowledge and parts on a regular basis. Because of the flexible terms of this lease arrangement, one of the buses was returned on July 30th, thus eliminating a $2,500.00 lease payment in August. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. Recommended by: Respectfully submitted: D. Stuart - 6 - TS- 2010 -37 -t'K rl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer S: \General Administration \GA 1 01 Reports\2010 Community Services \08 Aug 30 \TS- 2010 -37 Niagara Air Bus Vehicles.wpd TS- 2010 -40 Niagarapalls August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -40 Niagara Falls Transit's 50 Anniversary RECOMMENDATION: That Council support the Past, Present, and Building for the Future 50 Anniversary campaign through the provision of "fare free" service on October 15, 2010. EXECUTIVE SUMMARY: On October 15, 1960, the Greater Niagara Transit Commission assumed the responsibility for providing public transit services within our city from the Niagara, St. Catharines, and Toronto Railway (N.S. & T.). The transferred assets consisted of twelve gasoline - powered buses and the operations facility, which is still in use, on the corner of Bridge and Erie streets. Over the past fifty years the service has continued to grow to meet the varied transportation needs of an ever evolving community. To celebrate our 50 anniversary, staff have been busy planning a campaign: The Past, Present, and Building for the Future.' The initiative will feature historical images and information from our inception, through to our current levels of service, and culminate with sharing our vision of our relationship with the community and the many benefits realized through the provision of an efficient, responsive transit service. An official celebration will take place to commemorate the anniversary on Friday, October 15, 2010 at the Transit operations facility on Bridge Street. BACKGROUND: Some of the major enhancements over the past fifty years include the introduction of; a seasonal Falls Shuttle service to address the needs of our visitors, the Chair -A -Van specialized service, the direct service provided to Brock University and Niagara College, the year round service operating between Niagara Falls and Fort Erie, the highway motor coach cleaning and maintenance services, a dedicated Bus Terminal, a relationship with GO Transit rail and bus services, a new exterior transit '*` the way to go! August 30, 2010 design for the buses, as well as an expanded structure of routes and services to meet the changing demographics of our community. To celebrate the milestone event, staff have designed a campaign which utilizes local newspaper to inform the community, library bulletin boards to feature historical articles and memorabilia, as well as a culminating event at the Transit operations facility on Friday, October 15. Staff also requests Council waive the collection of transit fares on October 15 in appreciation of the business and loyalty this community has provided over the fifty years. The cost associated with the waived cash fare and ticket revenue for this day would be approximately $3,000.00. The advertisements promoting the "fare free" service will encourage customers to bring along a nonperishable food item when they board the bus, which will be delivered the following day to the Project S.H.A.R.E. food bank. All other costs associated with this campaign will be funded through sponsorships from our suppliers. It is anticipated the additional costs will be $3,000.00. Of interest, since our inception on October 15, 1960, Niagara Falls Transit has provided in excess of 75,000,000 passenger trips to members of our community who were attending school, traveling to employment, attending appointments, visiting friends and family, as well as shopping and generally enjoying their city. FINANCIAL IMPACT: The cost associated with the Past, Present, and Building for the Future campaign will be approximately $6,000.00, of which, half will be generated through the procurement of sponsorships from Transit suppliers. The revenue reduction associated with the provision of "fare free" service on October 15, 2010 will amount to $3,000.00, which can be accommodated within the Marketing budget currently approved by Council. CITY'S STRATEGIC COMMITMENT: To strengthen and promote economic development within the City through the development of alternative sources of revenue and further, to develop and implement a comprehensive transportation plan. Recommended by: Respectfully submitted: D. Stuart - 2 - TS- 2010 -40 Karl Dren, Director of Transportation Services Ke Todd, Chief Administrative Officer TS- 2010 -39 Niagaraaalls August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -39 Transit Agreement with Brock University Student's Union RECOMMENDATION: 1. That Niagara Falls Transit services be provided to full -time Brock University students for the Fall (September through December) and Winter (January through April) Semesters for a three -year term effective September 2010. 2. That Niagara Falls Transit service is extended to Brock University in St. Catharines. 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. EXECUTIVE SUMMARY: The most recent Agreement to provide service between Niagara Falls and Brock University for the benefit of the students expired on April 30, 2010. For several months, Transit staff have been in discussion with the University Student's Union Executive to establish a new Agreement, which will allow Niagara Falls Transit to continue to provide the service through April 2013. Various service options have been reviewed in an effort to provide a schedule, which meets the needs of the students, while remaining within their budget. A schedule was cooperatively developed, which their executive is confident will address the student's transportation needs for the next three years and will remain within their budget. An escalation clause will be part of the Agreement, which will account for any increases incurred by Niagara Falls Transit. BACKGROUND: 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. Until April 2008, the Brock route also carried Niagara College students to the Brock Tower where they transferred onto a Welland Transit bus August 30, 2010 to continue their trip to the Welland Campus. These students either purchased 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 2008, The Niagara College Student Administrative Council decided to provide a direct link from Niagara Falls to the Welland Campus and thus, the full cost associated with providing the Brock service to St. Catharines was attributable to the Brock Student Executive. In discussions with the Brock Student's Union Executive, Transit staff made them aware the cost would be increased to $77.13 per hour for the 2009/2010 school year to reflect the actual costs associated with the provision of the service. For the September 2010 through April 2011 school year, BUSU has been informed the cost has been increased to $80.99 to fully cover costs. BUSU however, have stated they cannot increase the costs to their members by greater than five percent per year without a referendum and therefore, cannot pay the increase required for Transit to fully recover costs. To address this financial challenge it was decided by the parties to raise the 2009/2010 rate a nominal amount to meet their budgetary constraints and structure the three -year Agreement in such a manner as to retrieve the outstanding amount through the following two years of the Agreement, thereby allowing the Student Union time to raise their revenues through a referendum. If the student membership does not support an increased transportation levy, the Student Executive would have to compensate Niagara Falls Transit for the amount owing and alter the service provided to meet their budget. Of interest, in the 2009/2010 school year, Niagara Falls Transit provided a total of 28,249 passenger trips to Brock students, with 1519 hours of service to and from the St. Catharines campus. FINANCIAL IMPACT: The three -year Agreement with the Brock University Student's Union will provide Niagara Falls Transit with revenues of approximately $380,000.00. These revenues will allow the service to operate between Niagara Falls and St. Catharines at full cost recovery. CITY'S STRATEGIC COMMITMENT: To strengthen and promote economic development within the City through the development of alternative sources of revenue. Recommended by: Respectfully submitted: D. Stuart - 2 - TS- 2010 -39 -Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Niagara August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -42 Transit Agreement with the Town of Fort Erie RECOMMENDATION: EXECUTIVE SUMMARY: BACKGROUND: TS- 2010 -42 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. The Town of Fort Erie has requested Niagara Falls Transit supply inter - municipal bus service between Niagara Falls and Fort Erie. This service began two years ago in September 2008 and serves as an educational and employment link between the two communities. The service will commence on September 7, 2010 and continue through to April 21, 2011, which will address the needs of the post secondary school customers. In addition to the student traffic, the service attracts riders who travel into Niagara Falls for employment opportunities. The service is provided from the Wal -Mart store in Fort Erie to the bus layover platform on Morrison at Dorchester in Niagara Falls thus, providing connection options for these customers. In the initial year of service the Niagara Falls - Fort Erie bus provided 5,034 rides between the two communities and in the second year 5,375 rides were provided. Of these riders, approximately 75% represent post secondary students attending Niagara College and Brock University with the balance representing those travelling between the communities for employment. The Fort Erie municipal bus service connects with our bus at their Wal -Mart stop and upon arriving at our Morrison at Dorchester bus layover 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. August 30, 2010 Of interest, in addition to the September through April inter - municipal service, Fort Erie purchased service from Niagara Falls Transit this summer via a grant acquired from the Business Education Council's `Niagara Prosperity Initiative' and coordinated through their Job Gym for individuals residing in Fort Erie and working in our community. Although the service hours are limited, the buses operate seven days per week, which allows individuals to maintain employment through the Labour Day weekend. The Agreement with the Town of Fort Erie also allows Niagara Falls Transit to retain all the fares deposited in the farebox. Although this revenue is modest (approximately $700 /month), these ancillary revenues assist with the costs associated with preparing and distributing marketing materials to promote and inform the public. FINANCIAL IMPACT: The Service Agreement for the September 2010 through April 2011 term has been approved by Fort Erie City Council in principle. The hourly rate has increased to $80.99, which recoups all costs associated with providing the service. For the September 2010 through April 2011 sessions, this hourly rate generates $109,134.00 to ensure Niagara Falls residents will not be subsidizing the service. CITY'S STRATEGIC COMMITMENT: To strengthen and promote economic development within the City through the development of alternative sources of revenue. As well as develop and implement a comprehensive transportation plan. Recommended by: Respectfully submitted: D. Stuart yr d - 2 - TS- 2010 -42 rl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -74 Appeal of Committee of Adjustment Decisions Consent Application B -2010 -010 10460 Ort Road Applicant: Jeffery Susin (Agent- Brain Sinclair) and Minor Variance Application A- 2010 -021 Part of Lot 1, Concession 6, Township of Crowland Applicant: Kyle Lakomy (Agent -Brian Sinclair) RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND: Consent Application B- 2010 -010 PD- 2010 -74 NiagaraJg11s August 30, 2010 That Council authorize staff to continue with the appeals to the Ontario Municipal Board the Committee of Adjustment decisions to: a) grant Consent Application B- 2010 -010, 10460 Ort Road; and b) grant Minor Variance Application A- 2010 -021, Pt Lot 1, Conc 6, Ridge Road. On August 3, 2010 the City's Committee of Adjustment approved Consent Application B- 2010 -010 and Minor Variance Application A- 2010 -021 which do not comply with the City's Official Plan, the Regional Niagara Policy Plan and Provincial Policy Statement and Growth Plan. The staff reports recommending against the applications are attached. Planning staff filed appeals against the Committee's decisions because the last day to appeal the Committee of Adjustment's decision was August 23, 2010 and staff could not consult with Council prior to that date. Staff is seeking Council's authorization to proceed with the appeals to the Ontario Municipal Board. The applicant owns 18.99 hectares (46.92 acres) of land located on the east side of Ort Road, between Miller Road and Marshal Road (see the attached Schedule 1- Surveyor's Sketch). An application for severance was submitted to the City's Committee of Adjustment to convey 0.541 hectares (1.36 acres) of land (Part 1) for proposed single detached dwelling and to retain 18.41 hectares (45.49 acres) of land for continued residential and agricultural use and contains an existing dwelling (10460 Ort Road). August 30, 2010 - 2 - PD- 2010 -74 The approval of the Consent Application (B- 2010 -011) does not conform to the Regional Policy Plan which designates the subject land as Good General Agricultural, in part, and Environmental Conservation Area, in part. The approval is contrary to the City's Official Plan which designates the lands as Good General Agriculture, in part, and Environmental Protection Area, in part. City and Regional policy do not permit the creation of a new lot for a non - agricultural use. The Province requires that municipal government protect agricultural lands. Further, the proposed new lot does not comply with the City's Zoning By -law -395 requirements for lot frontage. The Zoning By -law requires a lot to have a minimum frontage of 60 metres, whereas the proposed lot has a frontage of only 52.48 metres. Staff appealed the Committee's decision to the OMB to meet the August 23, 2010 deadline on the basis that the application: Does not conform with the Provincial Policy Statement Does not conform with the Regional Policy Plan Is contrary to the City's Official Plan Does not comply with the minimum frontage requirement of the Zoning By -law Approval of the applications could set an undesirable precedent. Minor Variance Application A- 2010 -021 The applicant owns Part of Lot 1, Concession 6, Township of Crowland, described as Parts 22 and 23 of Reference Plan 59R -7401 (see the attached Schedule 2- Surveyor's Sketch). These parcels were created through the testamentary devise process. The applicant proposes to merge the two parcels to create one building lot for a single detached dwelling on the property. Site specific By -law No. 2002 -022 requires a minimum lot area of 1.0 hectare (2.5 ac), whereas the two parcels will have a combined lot area of 0.833 hectares (2.0 ac). A variance of 0.167 hectares (0.5 ac) is requested. Also, By -law No. 1538 (1958) requires a Minimum Distance Separation (MDS) of 304.8 metres (1,000 ft) between the nearest livestock building and the proposed dwelling. The distance between the barn and the house is only 160 metres (525 ft). A variance of 144.8 metres (475 ft) is requested. The Committee granted the variances. City Council's Official Plan requires that the testamentary devise lots merge to meet the minimum requirements of the Official Plan and Zoning By -law. The Official Plan states "under no circumstances will lot sizes or lot frontages be reduced from the minimum requirements." The Official Plan and Zoning By -law require a minimum lot area of 1.01 ha (2.5 acres). While the applicant's intention to merge two lots is good, the end result is that the new consolidated parcel is still deficient in lot area and therefore contrary to Official Plan policy and the intent of the Zoning By -law. The objective of MDS is to minimize complaints by non - farmers because of odour; such complaints impact on the ability to operate a farm and create land use conflicts. Reducing the MDS setback by a significant amount does not protect agricultural operations from future expansion. There are approximately 95 testamentary devise parcels in the Willoughby and Crowland areas of the City which do not comply with the minimum requirements of the Official Plan and Zoning By -law. To grant this variance sets a precedent that others may seek and obtain reductions in municipal standards rather than merging sufficient land to achieve compliance. August 30, 2010 - 3 - PD- 2010 -74 Staff appealed the Committee's decision to the OMB to meet the August 23, 2010 deadline on the basis that the applications: • Do not comply with the Provincial Policy Statement Do not comply with the Regional Policy Plan Are contrary to the City's Official Plan Approval of the applications could set an undesirable precedent. There was no opportunity for staff to consult with Council before the final appeal date on August 23, 2010. Staff is seeking Council concurrence and authorization to proceed with the appeal. A copy of this report has been provided to the applicant's agent and has been advised that Council will be considering the matter tonight. CITY'S STRATEGIC COMMITMENT The severance and minor variance conflict with the City's policy of protecting prime agricultural areas and directing urban growth to urban area. LIST OF ATTACHMENTS ► Schedule 1- Surveyor's Sketch (B- 2010 -010) ► Schedule 2- 1- Surveyor's Sketch (A- 2010 -021) ► The Planning Department Reports ► The Regional Public Works Department's Comments Recommended by: li'U-t Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: L-A - 1 4-lik Ke Todd, Chief Administrative Officer A.Dilwaria:gd Attach. S: \PDR\2010 \PD- 2010 -74, B- 2010 -010 & A- 2010 -021, Appeal of C of A Decisions.wpd August 30, 2010 'r Z C) • t (f) '-', CT) 7. ..:- 2 .-. t0t (ft , ,, • • t— (.....) ,"., 0 — • >. • a (1. <5 SCHEDULE 1 -4- - s t" 4, • (,) ta. if. OTT ' • 'A 1 V4P 1 , M110." far /./ tat.0 Poo., •0 PD-2010-74 August 30, 2010 - 5 - SCHEDULE 2 PD-2wiu-, - August 30, 2010 -6- PD- 2010 -74 Niagara Proposal: The application is made for consent to partial discharge of mortgage and to convey 0.541 hectares (1.36 acres) of vacant land (Part 1) located in the southeast corner of the property known as 10460 Ort Road for proposed rural residential use, A parcel 18,41 hectares (45.49 acres) in area (Part 2) is to be retained for continued agricultural use and contains an existing dwelling. Provincial & Regional Policies Does the proposal conform with Provincial & Regional policies? YES ❑ NO El Comment: Planning decisions shall be consistent with Provincial policies. The creation of a new residential lot in prime agricultural areas is not permitted by the Provincial Policy Statement (PPS). Regional staff is unable to support the proposed severance as it is not consistent with Provincial and Regional agricultural policies. Official Plan - Environmental Protection Area and Good General Agriculture Does the proposal conform with Official Plan policies? YES ❑ NO O Comment: The City's Official Plan designates subject land Good General Agriculture, in part, and Environmental Protection Area, in part. The Official Plan policies do not permit the creation of new lots for residential dwellings not related to agricultural use. The floodplain of Usher's Creek watercourse traversing the property is designated Environmental Protection Area (EPA). Zoning - Rural and Conservation - Open Space - Zoning By -law No. 395/66 Does the proposal conform with zoning? YES ❑ NO O Comment: Part 1, does not comply with zoning requirements for lot frontage. The zoning by- law requires a minium frontage of 60 metres whereas the proposed lot would have only 52.48 metres of frontage. Municipal Services Are municipal services available? YES ❑ NO lXI Comment: There are no underground municipal services available outside of the Urban Area Boundary and none are currently proposed. Conditions of Consent & General Comments Parkland Dedication or 5% Cash -in -Lieu (if granted) YES O NO ❑ Road Widening/Daylighting Triangle Dedication YES ❑ NO O Comment: Recommendation: Based on the above, the Planning, Building and Development Department recommends the Committee deny Consent Application B- 2010 -010 Date :July 6, 2010 S \SEVERANCE\2010 \Susn, 0 10 \Report.wpd City of Niagara Falls Committee of Adjustment CONSENT QUESTIONNAIRE Alex Herlovitch Director of Planning and Development August 30, 2010 City of Niagara Falls NAME OF MUNICIPALITY RECOMMENDATION: SS:ss S \COMMITTEE OF ADJUSTMEM1CofA2010\Lakomy 21 \Report wpd - 7 - PD- 2010 -74 REPORT TO THE COMMITTEE OF ADJU°"'MENT DATE: June 30, 2010 SIGNATURE: FILE NO. A -2010 -021 HEARING DATE July 6, 2010 NAME OF APPLICANT Kyle Lakomy SUBJECT PROPERTY Part of Lot 1, Concession 6, Township of Crowland PROPOSAL The applicant is proposing to construct a single detached dwelling on the property. Site specific By- law No. 2002 -022 requires a minimum lot area of 1.0 hectare, whereas a lot area of 0.833 hectares will exist when the subject lands (Parts 22 & 23 of Plan 59R -7401 are merged. A variance of 0.167 hectares is requested. Also. where By -law No. 1538 (1958) requires aMinimum Distance Separation (MDS) of 304.8 metres from the nearest livestock building, the dwelling is proposed to be setback only 160 metres from the nearest barn. A variance of 144.8 metres is requested. A. OFFICIAL PLAN: Good General Agriculture - Special Policy Area 37 DOES THE PROPOSED RELIEF FROM THE BY -LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE OFFICIAL PLAN? YES NO X The intent of the Official Plan is to protect agricultural pursuits in areas designated Good General Agriculture. The subject parcels were created through a process known as testamentary devise. Through this process lots were created outside of the planning process contrary to the Official Plan. Council adopted special policies to reduce the impacts of these lots in the agricultural area. Lot consolidation is encouraged; the Official Plan policies require a minimum lot area of 1.01 ha (2.5 acres). The consolidated parcel is below this requirement. Reducing MDS the setback by a significant amount does not protect agricultural operations. B. ZONING 13Y -LAW: Rural - Agricultural, in accordance with Crowland By -law No. 1538 (1958), as amended by site specific By -law No. 2002 -022. DOES THE PROPOSED RELIEF FROM THE BY -LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE ZONING BY -LAW? YES NO X The minimum lot area requirement of the by -law were established to ensure that adequate land would be available for a dwelling as well as the necessary septic and water supply systems. The lot area requirement was set at 1.01 ha (2.5 acres) so that a hydrogeological study would not be required. The consolidated parcels are below the City's minimum standards. While the area of the combined parcels are close to the minimum lot area requirements, it should be noted that Tee Creek flows along the northerly boundary of the lands with its associated floodplain, which could affect the useable portion. The subject parcels should be combined with the parcel to the east and thereby comply with the by -law. The MDS setback is intended to minimize odour complaints from nearby livestock operations and resulting land use conflicts. Combining the subject parcels with the 0.52 ha parcel to the east would enable a significantly larger separation distance to be realized and reduce potential conflicts. C. DESIRABILITY: IS THE PROPOSAL DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND, BUILDING OR STRUCTURE? YES NO X The applicant while attempting to amalgamate the lands to satisfy the intent of the Official Plan and Zoning By -law is still deficient in lot area. D. MINOR IN NATURE: IS THE PROPOSAL CONSIDERED MINOR IN NATURE? YES NO X The requested variances are not permitted by the Official Plan and are not minor in nature. The application, A -2010- 021, by Kyle Lakomy, be denied as it is contrary to Provincial, Regional and City policy. NAME: Alex Herlovitch TITLE: Director of Planning & Development Niagara Region Building Community.. Building Lives June 30, 2010 Ms. Susan Scerbo Secretary- Treasurer Committee of Adjustment City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms Scerbo: Re: Provincial and Regional Comments Consent Application Town File No.: B -2010 -010 Jeffery Susin 10460 Ort Road City of Niagara Falls PUBLIC WORKS DEPARTMENT Development Services Division 2201 St David's Road, P O Box 1042 Thorold, ON L2V 4T7 Tel: 905 - 685 -4225 Tol I- free:1- 800 -263 -7215 Fax: 905 - 687 -8056 www niagararegion ca File: D 06 04 CS -14636 The consent application proposes to sever 0 541 hectares (1 36 acres) of land, Part 1. The 18.41 hectares (45 49 acres) of land, Part 2, with an existing dwelling is to be retained for continued agriculture use. Regional staff offer the following Provincial and Regional comments to assist the City in considering the proposed application. General Land Use Comments The property is located within the Good General Agricultural Area according to the Regional Policy Plan In the Good General Agricultural Area the primary use of and will be for agriculture uses The Provincial Policy Statement, Places to Grow, and the Regional Policy Plan contain policies that support the preservation of agricultural land and direct development towards settlement areas In addition, the Provincial Policy Statement, Places to Grow, and the Regional Policy Plan provides direction on the protection of natural heritage features. Protection and management of natural heritage and agricultural resources is important because they affect the long -term prosperity, environmental health, and social well -being of the Province and Niagara Region Agriculture Comments The proposal is for the creation of a new lot, for non - agricultural use, in the Good General Agricultural Area. Provincial and Region policy does not support the introduction of non - agricultural development in the Good General Agricultural Area, as it may have an adverse impact on the agricultural and natural resources However, the 2 Regional Policy Plan may permit individual applications, such as consents to convey, if they meet one of the four requirements: • The consent to convey is required for existing agriculturally related uses • The consent is for a farm operation supported through a farm business plan provided that the resulting parcels are both for agricultural use and the size of the resulting farm parcels : o is appropriate for the farming activities proposed o is suited to the particular location and common in the area, and o provides some flexibility for changes in the agricultural operation • The consent to convey is for a residence surplus to a farming operation as a result of farm consolidation • The consent is for a lot adjustment for legal or technical reasons Based on our review, the proposal does not meet this criteria or the intent of Provincial and Regional policy Natural Heritage Comments The Region's Core Natural heritage Map has identified that an Environmental Conservation Area (ECA) Valley Shoreline Buffer is located on the subject property Development and site alteration may be permitted in an Environmental Conservation Area if it is demonstrated through an Environmental Impact Study that there will be no significant impacts on the Core Natural Heritage System component. In accordance with the Protocol for plan review and technical clearance between the Region and the Niagara Peninsula Conservation Authority, the NPCA will provide a coordinated response with regard to natural heritage interests It should be noted that an EIS was not requested from the applicant because due to the nature of this application it was clear from an early point in our analysis that Regional staff could not support this application. Technical Comments The following comments are not to be construed as support for this application, but rather are technical in nature and provided for information purposes only Technical staff has reviewed the application and has indicated that an on -site sewage treatment system and an entrance permit are required Additionally, the post development storm water run -off flows have to be reduced or maintained from those prior to development Regional Development Approvals staff may be contacted for further information, if required Conclusion In summary, Regional staff cannot support the approval of this application, as it does not meet Provincial and Regional policies. If you have any questions or wish to discuss these comments, please contact Mark Johnson, Planner, or Marilyn Radman, Manager, Development Planning. 3 Please send notice of the Committee's decision when available Yours truly, Mark Johnson Planner MJ/ c: Ms L Earl, Watershed Planner, Niagara Peninsula Conservation Authority Ms A Dilwaria, Planner, City of Niagara Falls L:1Johnson- Mark \Niagara FaIIs1C of A\C of A - Susin.docx Sue Scerbo - Variance Comments Page 1 of 1 From: "Vetrone, Carmen" < carmen .vetrone @niagararegion,ca> To: 'Sue Scerbo' <sscerbo%a,,magarafalls ca> Date: 7/2/2010 2:42 PM Subject: Variance Comments CC: "Stevens, Bill" <biIIstevens niagararegion ca>, "Maddalena, Dino" <dino.maddalenagniagararegion ca> Re: Variance A- 2010 -021 Applicant Kyle Lakomy Agent. Brian Sinclair Proposal To permit a single detached dwelling on the property which only has 0 833hectares and with a 160metres setback from a nearby barn Location N/S of Ridge Road, West of Regional Road 98 (Montrose Road) being Parts 22 and 23,part of Lot 1, Concession 6, Township of Crowland In the City of Niagara Falls Our File D 16 04 MV -02282 Regional Niagara Development Services has reviewed the noted application We would note that the following comments are based upon review of the property as one merged parcel as noted on the application Private Sewage Systems The Private Sewage Systems Group has reviewed the property and would advised that there are no objections to the application provided that any local municipal and /or NPCA issues /concerns are addressed. We trust that the above -noted information will be appropriately incorporated in any decision by the Committee Please send notice of the Committee's decision with this application Carmen Vetrone Development Approvals Technician Development Services Division Niagara Region Public Works Department (905) 685 -4225 ext 3268 The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclose send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you file: / /C: \Documents and Settings \sj239 \Local Settings\ Temp \XPgrpwise \4C2DFAB8Domai... 7/5/2010 Aug -25 -10 11:37am From -Brian Sinclair QC August 25, 2010 BY FACSIMILE Yours faithfully Mr. Dean Iorfida City Clerk City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: BRIAN SWUM PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister & Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 T -172 P.001/001 F -845 Re: Consent Application B -2 -10 -010 (Jeffery R. Susin) Minor Variance application A -2010 -021 (Kyle Lakomy) In connection with the above noted applications, I have received notification from Susan Scerbo that Staff have appealed the Decisions of the Committee of Adjustment and their report will be considered at the August 30, 2010 Community Services Meeting starting at 4:00 p.m. I confirm that I will be in attendance at this meeting. BRIAN SINCLAIR PROFESSIONAL CORPORATION Glair, Q.C. BNS /ab +9053567772 rrr NiagaraaaI1s REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. That the City enter into an agreement with McLeod Square Incorporated for the construction of external services and the entranceway from McLeod Road. 2. That the Mayor and City Clerk be authorized to execute the Development Agreement subject to the confirmation of tendered prices being within the scope of the City's obligations of the cost - sharing formula set out in this report. EXECUTIVE SUMMARY The Site Plan and off -site servicing requirements for the new commercial plaza at the northwest corner of McLeod Rd. and Montrose Rd. have now received the necessary technical approvals for the project to proceed to construction. The developer, McLeod Square Inc. (Villarboit) has agreed to a cost - sharing formula to complete additional off -site works on behalf of the City. The purpose of this report is to seek Council approval to enter into this Development Agreement subject to confirmation that the actual tendered prices are within the estimated figures included in the Agreement. The required By -Law formally executing the Development Agreement will be presented to Council at a future Council meeting after the tender closing date. BACKGROUND Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario Community Services Department MW- 2010 -56 August 30, 2010 MW- 2010 -56 Development Agreement with McLeod Square Inc. (Villarboit) External Services Construction Including McLeod Road Access Improvements The development will require the reconstruction of the intersection of McLeod Road at Pin Oak Drive to include new signals and road widening to facilitate the anticipated traffic volumes generated by the future traffic in this area. The developer has requested that the external servicing be coordinated with the on -site works so that the construction schedule will not impact the opening of the commercial site. The Development Agreement between the City and McLeod Square Inc. will set out the terms and conditions for works completed within the public road allowance and on City lands (McBain Community Centre). The agreement sets out the scope of work, estimated costs and the fees (administration and inspections) to be paid by the developer to the City. City staff will be completing the contract administration and inspect the construction to ensure municipal interests are being protected. Location plans for the proposed works are attached for your reference. August 30, 2010 ANALYSIS /RATIONALE The developer will be required to follow the City's tender process as set out in the purchasing policy.The proposed construction is scheduled to commence this fall and is expected to be completed by the Spring of 2011. Timing for the payment of the City's share is not expected until February of next year. FINANCIAL /LEGAL IMPLICATIONS The Development Agreement follows the City's standard and contains provisions for indemnity, insurance and performance. The most recent cost estimate for this project is $1,118,815 with the City's share estimated at $507,315. The remaining $611,500 is the developers share. This project was approved in the 2010 Capital Budget (listed as McBain Centre -SWM Pond Expansion - Villarboit Development) with an allocation of $778,635 for the City's share. The cost sharing terms are paid on the basis of actual costs and therefore these figures represent approximate figures only. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with the following Strategic Priorities; • Establish infrastructure investment priorities, • Strengthen and promote economic development within the City, and, • Identify and evaluate alternative sources of revenue. LIST OF ATTACHMENTS 1. General Plans - see Schedule A and Al 2. Schedule `D' - Cost Sharing Schedule Approved by: Respectfully submitted: - MW- 2010 -56 Geoff Holma Dir ctor of Municipal Works Ken Tod Chief Administrative Officer C: \Documents and Settings \tn206 \Local Settings \Temp\XPgrpwise \MW - 2010 -56 - Development Agreement with McLeod Square Inc.wpd Schedule 'A' McLeod Square Inc (Villarboit) McLeod Road Improvements S i-1.10- I SOL II App SPC'.\2110N \SPC-2,108-u28 Nkl.cod RdSLIieJule A -NILI.cod S.111.ve mpd Schedule Page 16 1 _ Schedule `Al' McLeod Square Inc. (Villarboit) McBain Centre Pond Expansion Works PROPOSED WORKS J 1 Ile. \0- %.1i tine Plan \ppin.ati SI'l'':2I10 %,SIV- 2110 %- u2%MUI0ud kJSLIledul•Al- 1 .Lend Sgt.., Lu,rd Schedule Page 17 MONTROSE Schedule `D' McLeod Square Inc. (Villarboit ) Cost Sharing of Services ITEM TOTAL CITY DEVELOPER Sanitary a) McBain Centre Sanitary Sewer Realignment $30,000 $0 $30,000 Storm a) Sewer from site to pond $400,000 $0 $400,000 b) Stormwater Management pond expansion $100,000 $0 $100,000 c) McLeod Road box culvert $70,000 $70,000 $0 Sidewalks a) McLeod Road - North Side b) Montrose Road - West Side Traffic Signals a) McLeod Road Intersection Roads a) Granular $60,000 $60,000 $0 b) Base $75,000 $75,000 $0 c) Finish $45,000 $45,000 $0 d) McLeod Road / Pin Oak Drive $50,000 $0 $50,000 i) Entrance Works General Items a) Field Office, Bonding, Traffic Control, $50,000 $50,000 $0 Surveying Utility Relocations $25,000 $25,000 $0 $31,500 $0 $31,500 $150,000 $150,000 $0 a) Niagara Peninsula Energy Inc. $25,860 $25,860 $0 b) Bell TOTAL S 11 General Ftles10-80 -15 Site Plan Applications - SPCA SPC- 20084128 McLeod Rd\Schedule D - McLeod Square Inc wpd $6,455 $6,455 $0 $1,118,815 $507,315 $611,500 Schedule Page 22 MW- 2010 -53 NiagaraaalIs August 30, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department keRforinccs SUBJECT: MW- 2010 -53 for chan s . Downtown Infrastructure Revitalization Project Project Status and Implementation Plan RECOMMENDATION 1. That the additional costs incurred during Phase 1 the Downtown Infrastructure Revitalization Project be funded from Sewer Reserves; and, 2. That Council approve the proposed implementation plan for Phase 2; and, 3. That staff be authorized to proceed with the award of the Requests For Proposals for the new sound system (RFP #47 -2010) and gateway arches (RFP P50 -2010) subject to satisfying the requirements of the City's Purchasing Policy and the expenditure allocation set out in this report for these components. EXECUTIVE SUMMARY The downtown infrastructure revitalization plan was identified as a two -phase project in the 2010 Capital budget. This project was approved by the federal and provincial governments as a candidate for funding under the Infrastructure Stimulus Fund (ISF) program. The purpose of this report is to provide an update on the final costing of Phase 1, and the proposed implementation plan for Phase 2 of the project. Both phases have required included consultation with Project Stakeholders, so as to finalize the scope of improvement works and their priority for implementation. In keeping with approved recommendations from previous related reports, construction would commence on the Phase 2 works following Labour Day and be completed by the ISF program funding deadline of March 2011. This schedule is pending the completion of two tenders currently under way. This two- phased project accomplishes two important objectives, firstly, the replacement of the existing aging sanitary sewers, watermains and storm sewers at key locations within the project area is consistent with City Council's commitment to replace ageing infrastructures. The second objective is the enhancement of the Downtown aesthetics so as to complement the investments of property owners in the downtown core as part of the Downtown Revitalization. The construction work for Phase 1 was completed on June 30, 2010 and the final costing is now known. Extra costs were incurred during Phase 1 due to significant scope changes, rock excavation costs and special scheduling considerations which resulted in down time and standby charges. The additional costs have been determined to be approximately $852,500. Council has options to fund the increased infrastructure spending. One option is to fund the additional expenditures in Phase 1 from existing sewer reserves as the majority of the cost overrun was attributable to additional sewer works. August 30, 2010 - 2 - MW- 2010 -53 A second option is to reduce the scope of work in Phase 2 to offset the additional costs incurred so as to ensure the total project remains within the original estimate. This report outlines those options for Council. BACKGROUND Niagara Falls City Council approved recommendations contained in Report MW- 2009 -84 on November 30, 2009. Council directed staff to proceed with a phased implementation plan for the Downtown (Queen Street) Infrastructure Revitalization Project. As noted in that report, the first phase is the replacement of aging underground infrastructures in the project area. The Tender for the Phase 1 construction of the Downtown Infrastructure improvements was awarded to Peters Excavating for $1,691,354.40 at Council's meeting on January 25, 2010 (per Report MW- 2010 -01). The second phase consists of the replacement of the sidewalks, refurbishment of the decorative streetlights, curb adjustments, and the upgrading or addition of new street scaping features for the project area. It was also to include the implementation of the Downtown Eastern Gateway improvements as recommended in the Class Environmental Assessment completed in 2008. Phase 1: Underground Infrastructure The scope of the underground works in the Phase 1 tender concentrated on the impacted areas of Queen Street, and those areas where the planned sewer outlets would be required (on St. Lawrence Avenue and St. Clair Avenue from Queen Street to Park Street). Timing for the Construction works on the Phase 1 contract became a serious constraint as the works needed to be completed over the winter months so as to minimize the disruption to the Downtown businesses. As well, special provisions were added to the contract that limited road closures which impacted the project. During construction a number of issues and situations were encountered that resulted in changes to the scope of construction works: 1. Field changes to the Sanitary Sewer Design on Queen Street - certain portions of the existing sanitary servicing for Queen Street were found to be deeper than originally anticipated. This resulted in having to change the design grades on the Queen Street sewers around Ontario Avenue. The proposed outlet location on St. Clair was no longer deep enough to provide a gravity outlet. This necessitated the use of Ontario Avenue as the outlet sewer (see item 2, below). A local sewer servicing a series of buildings that did not appear on any existing plans was discovered that resulted in deepening of the sewer on Queen Street between St. Clair Avenue and Crysler Avenue. 2. New Sanitary Sewer on Ontario Avenue - the original larger scale improvement plan for the Downtown underground infrastructure improvements included the section of Ontario Avenue between Queen Street and Park Street. This was not originally planned to be an outlet for sewage for Queen Street, so was deleted from the Phase 1 tender. It was intended to construct these works in the near future when the Capital Budget would allow for it. With the design changes noted in Item 1, this sewer became a priority, as it could be deepened to provide an outlet for Queen Street. August 30, 2010 - 3 - MW- 2010 -53 3. Extensive Rock Excavations on Queen Street, St. Clair Avenue and St. Lawrence Avenue - No rock excavation had been anticipated to be required (based on the borehole information from the original Geotechnical investigation) on Queen Street. Rock excavation was going to be required on St. Clair Avenue and St. Lawrence Avenue for the proposed Storm Sewers. The item in the Tender for Rock Excavation was provided as a Fixed Unit Price, with no quantity assigned. Since there was no quantity assigned, the cost for Rock Excavation was not captured in the "Tendered" price for the contract. 4. Existing Sewer crossings on St. Lawrence Avenue - the existing "Muddy Run" combined sewer crossed St. Lawrence Avenue between Park Street and Queen Street and would need to be crossed by the proposed Storm Sewer on St. Lawrence. The configuration and location of the existing sewer could not be verified until the sewer was exposed in the field. This resulted in the contractor having to change their planned implementation methodology for the crossing. This resulted in slow productivity and increased costs along this sewer run. 5. Maintenance of Sewer Trench integrity and overruns on Granular and Asphalt quantities on Queen Street - Due to the depth of excavation, some groundwater control issues, and the poor condition of the existing roadway on Queen Street, there was significant overruns on the final quantities for Granular material and Asphalt. This was also partially due to the scope of work changes on the Sewer works as noted above in the previous items. Within the project scope, nearly all the existing asphalt on Queen Street ended up being replaced, when it was originally anticipated that only minimal trench restoration would be required. 6. Scheduling, Traffic Control and Dust Control Issues due to complaints - most of these issues did not result in an increase in costs per se, but more in extending the time to complete the contract. There was a significant quantity of water applied in an attempt to control dust. Also, some charges for "down time" were entertained due the contractor having to work around planned downtown events and operations at the Courthouse. Some premiums were also paid for work on weekends, in an effort to complete the project sooner. The contract for Park Street underground infrastructure improvements was undertaken immediately upon completion of the original design and the Tender document. Due to problems encountered during that project, several changes to the design and scope of work on Park Street were made. This, in turn, impacted the works for the Queen Street project as Park Street infrastructure serves as an outlet for both Sanitary Sewage and Storm Drainage flows from Queen Street. Incomplete communication of these changes to the Queen Street design team resulted an incomplete assessment of existing conditions. Construction record plan information for the older areas also proved to contain "gaps" which did not provide an accurate depiction of existing conditions within the project area. Additional field investigation work may have allowed these gaps to be closed, but there was insufficient time to complete them properly. Design decisions and assumptions based on faulty or incomplete information on existing conditions will often result in a Tess than optimal design. August 30, 2010 The 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. Although the timing of this tender prompted strong response from prospective bidders, the restrictive nature of the provisions in the contract pertaining to the schedule for completion and the limiting of Road closures impacted the competitive pricing to some extent. The final cost for this contract has been calculated at approximately $2,544,500. This results in an overrun of approximately $852,500 from the tendered price. A breakdown summary of the Overrun on the various major contract items is attached in appendix A. Phase 2: Above Grade Infrastructure - 4 - MW- 2010 -53 The second phase consists of the replacement of the sidewalks, refurbishment of the decorative streetlights, curb adjustments, and the upgrading or addition of new street scaping features for the project area. It was also to include the implementation of the Downtown Eastern Gateway improvements as recommended in the Class Environmental Assessment completed in 2008. Staff has worked extensively with representatives of the Downtown BIA and with input received from the Downtown Steering Committee in an effort to define and finalize the scope of work and the concepts and themes for the elements to compose this Phase of the Downtown Revitalization Project. This has included a presentation booth at the Downtown Springlicious Event in early June and hosting a Design Charette specifically for the Downtown Merchants later that month. Report MW- 2010 -35 provided an update to Council on the status of the various Phases of the project, as well as introducing that Landscape Design Staff at the City had been formulating a new plan option for the Gateway Features at Queen Street and River Road. To enhance the recently completed Olympic Trail and Inukshuk statue, concept being developed for a Downtown Parkette east of City Hall was introduced. The design of these new features, as well as the overall conceptual theme for the Downtown Streetscaping elements, have been developed in consideration and with considerable input from the Downtown BIA to mesh with their vision for the branding and future development of the area. The proposed Eastern Gateway improvements have always been part of the proposed budget, but the Parkette is a new concept that had been incorporated in the revised budgetary analysis and cost allocation scheme. Separate RFP's (Requests for Proposal) have recently been completed for the design, supply and installation of a Downtown Wireless Sound System and for a Series of Decorative Archways over the Roads. These have both been identified by the Downtown BIA as key components in the Revitalization program, and as such been factored into the budgetary cost analysis. ANALYSIS /RATIONALE Considering and incorporating all Stakeholder comments, where feasible, the scope of project from "a wants" perspective was devised. An evaluation matrix was then developed to consider and rank the various constraints on implementation including: Funding implications, urgency, functionality, branding strength, visual appeal, aesthetic value, sustain ability and operational /maintenance considerations. A prioritized ranking of the August 30, 2010 - 5 - MW- 2010 -53 various elements was then derived to allow formulation of the Phase 2 scope of work in consideration of the Implementation and Funding /Budgetary restrictions. Any works not achievable within the Phase 2 budget and time frame would need to be considered for a potential future phase for the Revitalization. Staff has worked extensively with representatives of the Downtown BIA and with input received from the Downtown Steering Committee in an effort to define and finalize the scope of work and the concepts and themes for the elements to compose this Phase of the Downtown Revitalization Project. This has included a presentation booth at the Downtown Springlicious Event in early June and hosting a Design Charette specifically for the Downtown Merchants later that month. Report MW- 2010 -35 provided an update to Council on the status of the various Phases of the project, as well as introducing that Landscape Design Staff at the City had been formulating a new plan option for the Gateway Features at Queen Street and River Road. It also introduced the concept being developed for a Downtown Parkette east of City Hall to enhance the recently completed Olympic Trail and Inukshuk statue. The design of these new features as well as the overall conceptual theme for the Downtown Streetscaping elements have been developed in consideration and with considerable input from the Downtown BIA to mesh with their vision for the branding and future development of the area. The proposed Eastern Gateway improvements have always been part of the proposed budget, but the Parkette is a new concept that had been incorporated in the revised budgetary analysis and cost allocation scheme. Separate RFP's (Requests for Proposal) have recently been completed for the design, supply and installation of a Downtown Wireless Sound System and for a Series of Decorative Archways over the Roads. These have both been identified by the Downtown BIA as key components in the Revitalization program, and as such been factored into the budgetary cost analysis. FINANCIAL IMPLICATIONS The total cost of the two phases is $3,969,455 with costs incurred to date of $2,544,500. The estimated cost for phase two is $2,278,100. Thus the project requires an increase in funding of $852,500 or alternatively a reduction in phase two. At the present time phase two estimated costs and will not be known until the tender prices are received for the various works. Thus it would be premature to scale back the second phase until these costs are known. As outlined in the report, the increased costs incurred in the underground infrastructure occurred due to unforeseen complications. Funding is available from two sources. Firstly, funding is available from current allocations from sewer utility capital transfers due to the timing of construction of related projects. Secondly, adequate sewer capital reserves exist to offset the expenditures. As was approved the Report MW- 2009 -84 in November of 2009, the budget and funding for Phase 2 of the Downtown Infrastructure Revitalization Project are as follows: August 30, 2010 - 6 - Approved Funding Breakdown Phase 2 ISF Program Region Public Realm CIP Public Realm Res. Roads Capital Reserve Total Budget Phase 2 Proposed Spending Breakdown Phase 2 Streetlighting Refurbishment Streetscaping Improvements Roadway Improvements Wireless Sound System Archway Network Downtown Parkette - Phase 1 Eastern Gateway Improvements Contingency (15 %) TOTAL Phase 2 Future Works Sidewalk Improvements Downtown Parkette - Phase 2 Surface Course Asphalt Decorative Crosswalks TOTAL Future Works CITY'S STRATEGIC COMMITMENT Implementation of this Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. ATTACHMENT 1. Downtown Parkette - Concept Plan 2. Eastern Gateway - Concept Plan 3. Typical Streetscape Sections Recommended by: Respectfully submitted: $1,391,434 $ 100,000 $ 400,000 $ 386,666 $2,278,100 $ 48,300 $ 272,600 $ 245,320 $ 60,000 $ 300,000 $ 557,700 $ 500,000 $ 294,180 $Z278,100 $ 579,600 $ 545,600 $ 153,600 $ 170,000 $1,448,800 Geoff Holman, Di 'rector of IVI Works MW- 2010 -53 Ken Todd, hief Administrative Officer Street Work Performed Additional Cost Increase 1. Queen Street Sanitary Sewer $94,596 2. Ontario Street Sanitary Sewer 203620 3. Queen /St. Clair /St. Lawrence Rock Excavation 396932 4. St. Lawrence Avenue Sewer Crossings 49332 5. Queen Street Sewer Trench Integrity & Asphalt Quantities 258332 6. Entire City Scheduling/Traffic Control /Dust Control 22300 7. Entire City Contingency Surplus - 172700 Total $852,500 August 30, 2010 Appendix A -7- MW- 2010 -53 10 0 �7 0 O � Z O-1 rn� 0 � o -1) ZD n � m � rrl 0 VJ Z Mr. O. an '3AV NVW22131AIW4Z 111111111101 CITY HALL BUILDING 0 g 7 m p 0 w Dr m > z m> W • i - ;v m p 1-m -i ( - Dm 2Z Z c c m0 o • RI 0 w m m -1:1 n • m 0 2 c c < f m Z =" m o m D O { D n m m critETT COURT HOUSE BUILDING cv\ CITY Or! iCA NIAGARA fA The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on August 30, 2010, Niagara Falls Council will go into a closed meeting to consider a matters that fall under the subject matter of 239(2)(d) of the Municipal Act, 2001, labour relations and employee negotiations and 239(2)(a), security of the property of the municipality. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR