2011/02/28Niagaraa11s
COUNCIL MEETING
February 28, 2011
PRAYER: Councillor Mayes
ADOPTION OF MINUTES: Council Minutes of February 14, 2011
* * * **
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for
the current Council Meeting at this time.
PLANNING MATTERS
Public Meeting
AM- 2010 -013, Zoning By -law Amendment Application
5415 Elm Street
Applicant: Domenic and Anna Armenti
Recognition of Three Unit Dwelling
Background Material:
Recommendation Report: PD -2011- 15
-AND -
Correspondence from Paul Hachman and Mildred Aquio
-2
MAYOR'S REPORTS, ANNOUNCEMENTS
* * * **
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Downtown Board of Management - Requesting that two -hour free parking be
provided for the remainder of the year and that the short fall of municipal parking
revenue not be taken from any CIP funds.
Recommendation: Refer to staff for a report
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
Hydro Matters
2011 Budget
Property Matters
REPORTS
1. Chief Administrative Officer L- 2011 -04 - Niagara Falls Hydro Holding
Corporation Shareholder's Resolution respecting
Directors and Annual Shareholder's Resolution.
CAO Ken Todd will make a presentation on the budget focussing on labour, debt,
materials, rents and the contracted services components of the budget.
Mayor Diodati will request whether there is anyone present that has an interest
respecting the property matter.
1 Chief Administrative Officer L- 2011 -03 - Declaration of Lands to be Surplus
with the intention Closing and Conveyance of Part
of Stamford Street. Parts 4, 6 & 8 on Reference
Plan 59R- 14366. ( New Police Station)
3
RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE ACTIONS
RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
F- 2011 -08 - Major Tax Receivables Report
2011 -26
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF
COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF
THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
MW- 2011 -12 - Tender RFT -T04 -2011 Street Light Poles, Luminaries and Appurtenances -
Main Street/Ferry Street Reconstruction Projects
TS- 2011 -04 - Lundy's Lane BIA - Decorative Street Name Signs
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by -laws listed
for Council consideration.
A by -law to declare Parts 4, 6 and 8 on Reference Plan 59R -14366 save and
except a 1.52 metre (5 feet) road widening along Parts 4 & 8 on Reference Plan
59R- 14366, in the City of Niagara Falls, surplus.
2011 -27 A by -law to adopt a mark, symbol or design for the City of Niagara Falls. (Gale
Centre)
2011 -28 A by -law to adopt a mark, symbol or design for the City of Niagara Falls. ( The
Gale Centre)
2011 -29 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held
on the 28 day of February, 2011.
NEW BUSINESS
PD- 2011 -15
NiagaraFalls February 28, 2011
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Planning, Building & Development
SUBJECT: PD- 2011 -15
AM- 2010 -013, Zoning By -law Amendment Application
5415 Elm Street
Applicant: Domenic and Anna Armenti
Recognition of Three Unit Dwelling
RECOMMENDATION
That Council approve the application to rezone the land to a site specific Residential Mixed (R3)
zone to recognize the existing three unit dwelling on the property, subject to the provision of a
prepared parking area containing 3 parking spaces in the rear yard.
EXECUTIVE SUMMARY
The applicant has requested a zoning amendment to recognize the existing three unit dwelling
located on the property. This request can be supported because:
the proposal represents a modest intensification of use which is promoted by Provincial
policies;
the dwelling is a form of low density housing that is promoted by the Official Plan;
the dwelling has existed for a considerable period of time and no expansions are
contemplated. The character of the dwelling is similar to surrounding dwellings in terms
of massing, height and setbacks and is not proposed to be enlarged;
the use is compatible with other uses in the surrounding neighbourhood which includes
single detached, semi detached and multiple unit dwellings; and
the site is large enough to provide three on -site parking spaces for the building's
occupants in order to address concerns about lack of parking.
BACKGROUND
Proposal
The amendment is requested for a 445.8 square metre (4799 square foot) parcel of land known
as 5415 Elm Street (see Schedule 1). The applicant is requesting a zone change to recognize
the existing 3 unit dwelling on the land and to permit reduced parking requirements.
The property is zoned Residential Single Family and Two Family (R2) which does not permit a
3 unit dwelling. The zoning of the property is requested to be changed to a Residential Mixed
(R3) zone with site specific provisions to: 1) reduce the minimum lot area from 740 square
February 28, 2011 - 2 - PD- 2011 -15
metres to 455 square metres; lot frontage from 21 metres to 12.1 metres; front yard depth from
6 metres to 4.5 metres; side yard width from 3 metres to 0.95 metres; floor area per dwelling unit
from 65 square metres to 51 square metres; parking from 4 spaces to 3 spaces; 2) increase the
maximum lot area that can be used for a parking area from 30% to 38% and the rear yard
parking area from 40 square metres to 110 square metres; and 3) permit a dwelling unit to be
located in the cellar. Refer to the attached Schedule 2 for further detail.
The illegal third unit was brought to the City's attention through a complaint received by By -law
Services. To address the complaint the third unit was vacated. Complaints were also received
on property standards, including debris left on the property.
A complete application was submitted in June, 2010. At the neighbourhood open house held
in August, 2010 (summarized below), concerns were raised about the condition of the property.
The applicant requested the file be held in abeyance until the property issues could be
addressed. At this time there are no outstanding property standards complaints or orders.
Site Conditions and Surrounding Land Uses
The dwelling on the property was constructed as a duplex in 1964; it now contains dwelling units
on the first and second floors and in the cellar. The units on the ground and second floors are
legal. The unit located in the cellar (constructed in the 1980s) is illegal and was not occupied
at the time of the site visit. To date the rear yard has been used primarily as an amenity area.
The surrounding neighbourhood has been developed with mainly single detached or semi-
detached and duplex dwellings. However, there are a number of properties within a block of the
subject lands that have multiple unit dwellings or converted dwellings with several units each.
Neighbourhood Open House
A neighbourhood open house, held on August 10, 2010, was attended by two neighbouring
residents and the applicant's agent. The residents asked if the entire street was going to be
rezoned, to which staff noted only the subject property would be affected. The residents stated
that there was a history of problems with the property and noted the following concerns:
Insufficient access into the cellar unit results in trespass on the adjacent property.
The dwelling does not appear to comply with Building and Fire Code regulations.
A history of property standards violations, including debris left lying around outside.
Tenants in the cellar unit have engaged in noisy and disruptive behaviour.
Responses to the concerns have been included in the circulation comments below.
Circulation Comments
Information regarding the proposed Zoning By -law Amendment was circulated to City divisions,
the Region, agencies and the public for comment. The following summarizes the comments
received to date:
Regional Municipality of Niagara
No objections from a Regional or Provincial perspective.
February 28, 2011 - 3 - PD- 2011 -15
• Building Services
• Property Standards
ANALYSIS
2. Official Plan
No objections. A Building Permit will be required for the third dwelling unit, which
will need to comply with or be brought up to all applicable Ontario Building Code
requirements.
• Transportation Services
No objections to the reduction in parking requirements, as no parking problems
have been report on Elm Street. Staff note that overnight parking is prohibited on
this street.
All 3 complaints received against the property (one complaint about the third
dwelling unit and two complaints about litter and debris left lying on the property)
have been addressed and the files closed. There are no outstanding complaints.
Municipal Works, Legal Services, Parks and Recreation, Fire Services
No objections.
Surrounding Neighbours
A letter received from area property owners is included in Council's agenda. The
letter claims that the property, infrastructure and parking is deficient to
accommodate the use. The letter also summarizes a number of by -law and
property standard matters as well as disruptions from the occupants of the
property.
1. Provincial Policy Statement
The Planning Act requires City planning decisions to comply with Provincial Policy. The
Provincial Policy Statement directs municipalities to facilitate different forms of residential
intensification and encourages a mix of housing types. The three unit dwelling is a form
of residential intensification promoted by the Province.
The property is designated Residential in the Official Plan which permits a range of
housing types. Low density forms of housing such as single detached, semi - detached,
duplex, and triplex dwellings provide the majority of residential accommodation in the
City. New residential development is to be integrated to achieve compatibility and
sensitivity with surrounding development.
The proposed three unit dwelling complies with the Official Plan as follows:
- The dwelling is a low density form of housing that is promoted by the Official Plan.
February 28, 2011 - 4 - PD- 2011 -15
3. Zoning By -law
A three unit dwelling on the property is not inconsistent with the surrounding
neighbourhood. This neighbourhood features a mix of dwelling types, including
a number of multiple unit dwellings that have been in existence for a considerable
period of time. A degree of compatibility has evolved between the multiple unit
dwellings and the single and two -unit dwellings. Recognizing the subject three
unit dwelling will reflect the mix that exists in this neighbourhood.
The dwelling has existed in its present form for a considerable period of time and
is compatible with the neighbourhood in terms of massing and setbacks. The
dwelling is generally consistent with surrounding properties in terms of building
height, front yard setbacks, coverage and landscaping. As the dwelling is not
being enlarged, the legalization of the third dwelling unit in the cellar will not affect
its compatibility with surrounding properties.
Municipal services and surrounding roads can support the three unit dwelling.
- The property is large enough to provide three on -site parking spaces.
The dwelling units on the first and second floors predate the property's current R2
zoning, which was placed on the land in 1979, and have legal non - conforming status.
The third unit in the cellar was constructed in the 1980s contrary to the R2 zone.
The requested R3 zone permits three unit (triplex) dwellings. Site specific adjustments
to the regulations of the R3 zone are required to recognize the subject dwelling because
it predates the regulations. These include reductions in lot area, lot frontage, front yard
depth, side yard width and floor area.
Adjustments to the parking regulations are required. The by -law requires a minimum of
4 parking spaces, whereas 3 are proposed. The requested reduction of one parking
space is acceptable because the dwelling units are small in size and not likely to have
multiple vehicles per unit.
In the past, cars have parked in tandem along the length of the driveway. The
construction of a proper parking area in the rear yard (as shown on Schedule 2) such that
parking spaces are accessible at all times without the need to move another vehicle
should assist in mitigating parking issues. It will be necessary to pave or gravel the area
and install concrete bumper blocks to define the parking spaces.
The provisions for the maximum lot area that can be used as a parking area will need to
be increased from 30 to 38 %. This can be supported because the parking area will be
located in the rear yard and the streetscape will not be affected.
The maximum area of the rear yard that can be used as a parking area will also have to
be increased from 40 to 110 square metres. This provision, along with the previous one
will allow for the construction of a proper parking area. The design provides for amenity
space at the rear of the property for the residents of the dwelling. As numerous
properties in the area have been developed with large rear yard parking areas, this
increase does not appear to be out of character with the surrounding neighbourhood.
February 28, 2011
The by -law currently prohibits dwelling units in cellars. Provided that all Building Code
matters are addressed with respect to the dwelling unit in the cellar, recognizing this
dwelling unit is acceptable.
4. Building Permit and Property Standards Issues
Prior to the cellar unit being occupied, the applicant will be required to apply for a
Building Permit. The unit will be required to meet all applicable Ontario Building Code
regulations, including fire protection and proper ingress and egress. If the access to the
cellar unit (now located on the east side of the building) does not meet the Code, it may
have to be reconstructed or relocated.
Although there are no active property standards complaints, there is a history of property
standards issues with the property. This is not directly a planning matter and appear to
be related in part to tenant issues. Should any new property standards issues occur they
should be referred to Building Services for action.
FINANCIAL IMPLICATIONS
There are no municipal finance concerns with the proposal.
CITY'S STRATEGIC PRIORITIES
Approval of this application will satisfy Council's strategic priority of providing residential
intensification and permitting infill development that takes advantage of existing infrastructure
capacities.
LIST OF ATTACHMENTS
► Schedule 1 - Location Map
► Schedule 2 - Site Plan
Recommended By:
Respectfully Submitted:
A.Bryce:bm
Attach.
S: \PDR \2011 \PD - 2011 -15, AM- 2010 -013, 5415 Elm Street, Armenti.wpd
- 5 - PD- 2011 -15
Alex Herlovitch,
Director of Planning, Building & Development
Kin Todd, Chief Administrative Officer
February 28, 2011
- 6 -
SCHEDULE 1
PD- 2011 -15
Subject Land;_
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Location: 5415 Elm Street
Applicant: Domenic and Anna Armenti
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AM- 2010 -013
February 28, 2011
- 7 -
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To Alex Herlovitch
The Director of Planning and Development
In Re 5415 Elm Street (Roll No 2725- 010 -012- 03600)
Zoning By -Law Amendment Application File:.AM2010 -013
Applicant- Domenic and Anna Armenti
1) Current amenities such as on street parking are already exceeded
2) Violations for the following 1) Property Standards By -laws
2) Noise By- Laws
3) Dog Barking By -Laws
4) Parking By -laws
Without prejudice or malice and in total confidence we have detailed our objection to the
zoning herein-
are currently not enforced and constantly violated at the present population density
3) A decrease in property value for all single family dwellings on the street
4) A precedent would be set by acknowledging the request for re- zoning to enforce other
current non - conforming 2 family dwellings to be converted to R3
5) .Absentee landlords reduce property values
6) It is my understanding of the application for 5415 Elm Street as provided, that the
residence is currently being operated as a 3 unit dwelling ("recognize the existing 3 unit
dwelling "). If this is the case then the ow ners are operating an illegal triplex. 1 would
therefore suggest that supporting an illegal act is unconscionable and should not be
supported by the appropriate enforcement departments of the City of Niagara Fair
7) The residential site known as 5415 Elm Street appears to be non - conforming and
would continue to be non - conforming and outside of the scope and boundaries required
currently by law
8) The residence, according to the documentation provided by the City's Planning and
Development Division has only 60° o of the required site provisions, this would adversely
affect the strain on the current neighbourhood infrastructure which is currently over
capacity
9) The current asphalt on Elm Street is in need of re- paving and incapable of handling
any increase in traffic The street has been excavated twice in the past year for drainage
problems and has not vet been correctly paved An increase in useage will only
exacerbate the issue
FEB E
10) The By -laws pertaining to zoning represent the plan of the Cite of Niagara Falls and
are in place for the protection ot'the residents and taxpayers located within its
boundaries. To alter or amend these By -Laws are a direct infringement on the rights of
the citizens living within those boundaries
My personal experiences on Elm Street over the last year have included
1) Driveway access blocked on numerous occasions
2) \oise from revving cars and barking dogs
3) Yelling. swearing and fighting from domestic disputes
4) Backyard tires
5) Overnight street parking
6) Late night parties
7) Property Standards Violations
8) Tenant \oise
Since most of these are complaint based by -laws violations it is inconvenient to me
twofold, for both the incident and the filing of the complaint. By -laws enforcement
apparently is not capable of patrolling on a regular basis due to manpower constraints
My point is. that the current neighbourhood infrastructure is poorly controlled and it is
my opinion based on personal experience that with an increase in population density,
specifically in a low er income area such as Elm Street. the situation w ould deteriorate
To sum up my reasons for non - acceptance, they would be as follow s:
1) Property applying for re- zoning is deficient in provisions as required by law
2) Current policing infrastructure incapable of supporting present population or
increase.
3) Street Parking and actual roadway incapable of handling present population or
population increase
4) Resulting decrease in property values based on aforementioned deficiencies
5) Existing= non - compliance of property standard by -laws at other properties on Elm
Street
6) The Zoning By -Law amendment is in direct contravention of the plan of the City of
Niagara Falls and the rights of the citizens located within it's boundaries_
We are opposed therefore to the re- zoning from R_' to R3 for the property known as
5415 Elm Street. The contents of this letter may be used for determination of your
decision, but under no circumstances must the name or address of the sender be made
available to the public
Regards.
P�achttan /
Mildred Aquio
(2/16/2011) Dean Iorfida - Parking and Proxy.doc
February ID, 2011
Mr. Dean Iorfida
City Clerk
City of Niagara Falls
4310 Queen Street
P.D. Box 1023
Niagara Falls, DN L2E 6X5
Dear Mr. Iorfida:
The BIA Board of Directors put forth and passed these motions at last night's meeting of February
9 in regards to 2 hours free parking and Proxy voting, they are as follows:
1. Put forth by Dave Govan, seconded by Tony Barranca 'The BIA accepts the 2 hours free
parking for the remainder of the year on Queen Street and Valleyway through City Funding
not from the DP Funding to make up the short fall in parking revenue as a result of this
initiative'. — unanimous - passed
2. Put forth by Dave Govan, seconded by Tony Barranca 'No proxies will be permitted at the
Annual General Members meeting therefore in- person attendance is required to cast your
vote'. — Mordechai Grun opposed - passed
If anything further is required please do not hesitate to contact the office.
Sincerely,
Toni Williams
Temporary Location:
4691 Ontario Avenue
Mailing Address:
P.O. Box 5
Niagara Falls. ON L2E 6S8
TN 0�ti'I1g ww'I1
Niagara FaijS
TeL 905-356-5444
Fax: 905-356-5667
bia(o)niagarafallsdowntown_com
www.niagarafallsdowntown.com
www.queenstreetniagarafalls.com
Page 1
NiagaraFalls February 28, 2011
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Legal Services
SUBJECT: L- 2011 -04
Niagara Falls Hydro Holding Corporation
Shareholder's Resolution respecting Directors and
Annual Shareholder's Resolution
Our File No. 2002 -56
RECOMMENDATION
BACKGROUND
ATTACHMENTS
L- 2011 -04
1. That Council adopt the Shareholder's Resolution respecting Directors attached, in
its capacity as the Shareholder of Niagara Falls Hydro Holding Corporation;
2. That Council adopt the Annual Resolution attached, in its capacity as the
Shareholder of Niagara Falls Hydro Holding Corporation; and
3. That the Mayor be authorized to execute the Resolutions on behalf of Council, as
the Shareholder's representative pursuant to the Shareholder Declaration dated
March 5, 2007.
A Shareholder's Resolution for the above - mentioned Corporation is required pursuant to
the Ontario Business Corporations Act in order to accept the Resignations of Shirley Fisher
and Ted Salci as Directors of the Corporation and to appoint Directors for the ensuing
three year term.
An Annual Resolution for the above - mentioned Corporation is required pursuant to the
Ontario Business Corporations Act.
The execution of these Resolutions is carried out by the Mayor, as the Shareholder's
representative of the Corporation, in accordance with the Shareholder Declaration.
• Shareholder's Resolution of Niagara Falls Hydro Holding Corporation respecting
Directors
February 28, 2011
Recommended by:
Respectfully submitted:
KB
Attachments
- 2 -
Ken Beaman, City Solicitor
Ken odd, Chief Administrative Officer
L- 2011 -04
• Annual Resolution of the Shareholder of Niagara Falls Hydro Holding Corporation
Resolved that:
1. Resignation of Directors
The Shareholder accepts the resignations as Directors of the Corporation of R. Ted
Salci and Shirley Fisher.
2. Appointment of Directors
RESOLUTION OF THE SHAREHOLDER
OF
NIAGARA FALLS HYDRO HOLDING CORPORATION
RESPECTING DIRECTORS
The following persons are appointed as Directors of the Corporation effective on the
date of this Resolution, to serve for a term of three (3) years, or until their
successors are elected:
James M. Diodati Carolynn Ioannoni
Vince Kerrio Bart Maves
Victor Pietrangelo Wayne Thomson
Janice Wing Joyce Morocco
Wayne Gates
This Resolution is adopted by Resolution of the Shareholder of the Corporation, The
Corporation of the City of Niagara Falls, on the date set out.
DATED the day of February, 2011.
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Per:
Mayor Jim Diodati
The foregoing is a Resolution of the Council of The Corporation of the City of
Niagara Falls consented to the day of February, 2011.
City Clerk
Resolved that:
1. Approval of Financial Statements
The consolidated and non - consolidated Financial Statements of the Corporation for
the financial year ending December 31, 2010 as presented to the Shareholder are
hereby approved and adopted.
2. Appointment of Auditor
ANNUAL RESOLUTION OF THE SHAREHOLDER
OF
NIAGARA FALLS HYDRO HOLDING CORPORATION
Crawford, Smith and Swallow LLP are appointed the Auditors of the Corporation to
hold office until the next annual general meeting of the Shareholder of the
Corporation, unless earlier removed from office.
3. Confirmation of Acts of Directors and Officers
All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and
payments enacted, taken, passed, made and done by the Directors and Officers of
the Corporation from incorporation to the date hereof are approved, ratified and
confirmed.
This Resolution is adopted by Resolution of the Shareholder of the Corporation, The
Corporation of the City of Niagara Falls, on the date set out.
DATED the day of February, 2011
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Per:
Mayor Jim Diodati
Certified to be a Resolution of the Council of The Corporation of the City of Niagara Falls.
City Clerk
Niagarajalls February 28, 2011
REPORT TO: His Worship Mayor James Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Legal Services
SUBJECT: L- 2011 -03
Declaration of Lands to be Surplus with the intention
Closing and Conveyance
Part of Stamford Street
Parts 4, 6 & 8 on Reference Plan 59R -14366
(New Police Station)
Our File No.: 2010 -241
RECOMMENDATION
L- 2011 -03
1. That Parts 4, 6 and 8 on Reference Plan 59R- 14366, being a portion of Stamford
Street located between Stanley Avenue to the east and Portage Road to the west,
and part of a township lot ( "subject land "), as shown hatched on Attachment "1",
Tess a part to be retained to form a road widening of Portage Road be declared
surplus; and
2. In the event that Council determines that the subject land is surplus to the
requirements of the City, that the subject land be conveyed to the Regional
Municipality of Niagara for nominal consideration, subject to terms described in this
Report.
EXECUTIVE SUMMARY
Legal Services has received a request from the agent acting for the Regional Municipality
of Niagara to permanently close, declare surplus and convey the subject land. The
Regional Municipality of Niagara is purchasing the abutting land and will be erecting a new
police station on a parcel consisting of the subject land and the abutting land.
BACKGROUND
The subject land is portions of a road allowance closed by By -law BL137 dated September
15, 1952 and part of a township lot. It should be noted that the subject land only serves
the abutting landowner.
The request has been circulated to all City departments and public utilities, the result of
which was that there were no objections to the subject land being permanently closed,
declared surplus and conveyed to the abutting landowner, subject to the following:
• Bell Canada will require an easement over Parts 4, 6 & 8 on 59R- 14366.
February 28, 2011
ANALYSIS
The conveyance of Part 4 would include two storm water catch basins that are
currently used to convey storm flows from Portage Road. At the time of site
development, these catch basins would need to be relocated by the applicant to
within the City right -of -way in order to continue to drain storm water from Portage
Road as designed, or grant the City an easement for future maintenance. A Road
Occupancy Permit would be required for the relocation of said infrastructure.
• The City would retain a 1.52 metre (5 feet) road widening along Parts 4 & 8 on 59R-
14366.
The road allowance portions were closed by By -law BL137 in 1952 and the other portion
is part of a township lot, therefore, it is Staff's recommendation that the subject land be
declared surplus.
Public notice of the declaration of surplus was given in the February 19, 2011 issue of the
Niagara Falls Review in accordance with the City's By -law No. 2003 -02.
Based on all of the above, Staff is recommending that the subject land be declared surplus
in anticipation of the conveyance of same.
The conveyance of this land for nominal consideration was offered to the Region during
the course of the negotiations that led to the decision to relocate Regional Police
Headquarters in Niagara Falls. There can be no question of bonusing because the Region
is a public entity. This transaction is in keeping with the cooperative attitude demonstrated
by the Region with respect to the lease for the parking lot of the convention centre.
CITY'S STRATEGIC COMMITMENT
This transaction will support Council's strategic commitment to the economic vitality and
organizational efficiency of the City.
Council has been very clear as to its desire that the Police Headquarters locate in Niagara
Falls.
ATTACHMENT
Reference Plan 59R -14366
Recommended by:
Respectfully submitted:
KB /L. Banks
- 2 - L- 2011 -03
Ken Beaman, City Solicitor
Ken Todd, Chief Administrative Officer
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REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F- 2011 -08
Monthly Tax Receivables Report
RECOMMENDATION
That Council receive the Monthly Tax Receivables report for information purposes.
EXECUTIVE SUMMARY
BACKGROUND
ANALYSIS /RATIONALE
F- 2011 -08
Niagaraaalls February 28, 2011
This report is prepared monthly to provide Council with an update on the City's property
tax receivables. Outstanding taxes as of January 31, 2011 were $18.7 million compared
to $17.9 million in 2009. During January, tax receivables as a percentage of taxes billed
increased slightly from 11.1% in 2009 to 11.2% in 2010. The City's finance staff has begun
the tax collection process for properties that are subject to registration for 2011. There are
currently twenty -seven properties scheduled for tax sale in the next two years.
This report is being provided as part of the monthly financial reporting to Council by staff.
It is also submitted to our banking institution for compliance with our banking agreement.
Tax collection for 2010 lags behind the collection history for 2009. Table 1 shows that
taxes outstanding at January 31, 2011 are $18.7 million. This represents an increase from
$17.9 million in arrears for the same period in 2009. Finance staff continues to actively
pursue property owners in arrears.
Table 2 provides the breakdown of outstanding taxes by assessment class. The majority
of outstanding taxes are for residential and commercial properties. The chart shows that
the taxes owing from the commercial property class has increased from a year ago.
Finance staff takes specific collection actions for properties that are subject to registration.
These action steps have been outlined in previous reports. At January 1, 2011, 390
properties were subject to registration. Table 3 summarizes the progress of these actions
after one month of activity. This table shows 44.1 % of the tax accounts or 172 properties
have been paid in full or the owners have made suitable payment arrangements. During
January, twenty -nine accounts were paid in full.
Finance staff continues to make every effort to have accounts paid in order to avoid the
registration process and the associated costs related to that process.
February 28, 2011 - 2 - F- 2011 -08
Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the
future. During the month of January, seven registered properties were redeemed. The
outstanding taxes for registered properties represents 11% of the total outstanding taxes
at month end.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
Tax arrears as a percentage of taxes billed in a year is a performance measure that
stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to
its high reliance on commercial assessment, is traditionally higher compared to
municipalities of similar size. The percentage of taxes outstanding to taxes billed as at
January 31, 2011 is 11.2% which is a slight increase from 2009's value of 11.1%. The
municipality has a record of full collection and earns significant penalty revenues to offset
the higher measure.
LIST OF ATTACHMENTS
Table 1
Table 2
Table 3
Table 4
Recommended by:
Respectfully submitted:
A. Felicetti
Taxes Receivable at January 31, 2011
Taxes Receivable by Property Class at January 31, 2011
Number of Properties Subject to Registration
Scheduled Tax Sales Dates for Registered Properties
odd Harrison, Director of Finance
1
Ken Todd, Chief Administrative Officer
TABLE 1
Total Taxes Receivable
Owing at January 31, 2011
Outstanding Taxes @ January 1, 2011
Penalty charged in January
Taxes Collected during January
Outstanding Taxes @ January 31, 2011
$ 19,567,496
$ 208,958
$ 1,028,966
$ 18,747,488
$ 18,327,203
$ 198,257
$ 541,320
$ 17,984,140
TABLE 2
Taxes Receivable by Property Cl
r s at January 31, 2011
Residential
Multi- Residential
Commercial
Industrial
Farmlands
Total Receivables
2011
Taxes Owing
$ 7,281,221
$ 273,261
$ 10,435,192
$ 750,231
$ 7,582
$ 18,747,488
% of Class
38.84%
1.46%
55.66%
4.00%
0.04%
100.00%
2010
Taxes Owing
$ 7,621,478
$ 205,643
$ 9,278,440
$ 865,590
12,989
$ 17,984,140
% of Class
42.38%
1.14%
51.59%
4.81%
0.07%
100.00%
TABLE 3
TABLE 4
Initial Amount
Paid in Full
Payment Arrangements
Ongoing Collection
Action
Registered
Properties
Subject to
Registration
as at January 31, 201
390
29
143
218
0
390
7.4%
36.7%
55.9%
0.0%
100.0%
Scheduled
Tax Sales
Date
May 2011
November 2011
May 2012
Totals
5
12
10
27
Taxes
ustanding
Amount
262,313
1,315,514
$
493,652
2,071,479
SUBJECT:
NiagaraagHs
REPORT TO:
SUBMITTED BY:
RECOMMENDATION
EXECUTIVE SUMMARY
BACKGROUND
Councillor Carolynn loannoni, Chair
and Members of the Committee of the Whole
City of Niagara Falls, Ontario
Municipal Works Department
MW- 2011 -12
February 28, 2011
MW- 2011 -12
Tender RFT -T04 -2011 Street Light Poles, Luminaires and
Appurtenances - Main Street/Ferry Street Reconstruction
Projects
That council approve the supply of decorative light poles, luminaires and appurtenances
to the lowest qualified and compliant bidder subject to meeting the allocated budgeted
amount established in the 2010 Capital Budget and further that the Mayor and Clerk be
authorized to execute the necessary contracts and related documentation as required.
The Main Street /Ferry Street Reconstruction Projects include the replacement of the
existing poles and luminaires along Main Street and Ferry Street. The supply of these
poles has been tendered in accordance with the City of Niagara Falls Purchasing Policy.
In order to allow time for ordering and delivery of these poles it is necessary to purchase
them shortly after the tender closes on March 3, 2011. Due to the restrictive timeline of
the project, staff are seeking authorization to award the tender to the lowest qualified and
compliant bidder, provided the bid is within the approved budget.
Contract 2010 - 220 -09 Ferry Street Underground Works was awarded to the low bidder
Alfidome Construction. Construction on this contract began on January 4, 2011, with the
goal of having all underground works completed by May 20, 2011. This would allow the
Main and Ferry Street area to be open and accessible to the public for the tourist season.
Any remaining work would be completed in the fall, after the tourist season. The goal of
this timeline is to complete the streetscaping work prior to Victoria Day and minimize the
impact on existing business operations.
Included in this contract is the replacement of the existing poles and luminaires on Main
Street and Ferry Street. City staff along with the Main and Ferry Business Improvement
Association (BIA) worked together to select the pole and luminaire. The goal was to find
a pole and luminaire that could be integrated into the streetscaping design while achieving
the historical look the BIA desired. The specifications also include the ability to adapt to
any LED technology selected throughout the ongoing Pilot Study.
Tender RFT -T04 -2011 was issued to procure a supplier for the poles and luminaires. The
closing date for this tender has been set for March 3, 2011.
February 28, 2011
In order to meet this deadline, it is imperative that the poles and luminaires be supplied to
the contractor as soon as possible. This will allow the contractor to coordinate his forces
along with the electrical contractor, to complete all necessary work prior to the May 20,
2011 deadline.
FINANCIAL IMPLICATIONS
The estimated cost of the poles and luminaires is $366,000.00. Of which, $250,000 is
being supplied by the BIA and the remaining funds are supplied by the City. Should the
lowest bid exceed the budgeted amount, there is a contingency allowance of $500,000.00,
which will account for any overrun.
CITY'S STRATEGIC COMMITMENT
The recommendation is consistent with Council's priorities promote economic vitality by
reinvesting in our C.I.P. areas.
LIST OF ATTACHMENTS
None
Recommended by:
Respectfully submitted:
G. Holman
- MW- 2011 -12
Geoff Holman, Director of Municipal Works
Ken odd, Chief Administrative Officer
Niagaraatglls
REPORT TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDATION
Received for the information of the Committee.
EXECUTIVE SUMMARY
Decorative street name signs are scheduled to be installed at intersections along Lundy's
Lane. The signs are an integral component of the ongoing beautification efforts that have
been underway by the Lundy's Lane BIA for the past several years. The signs and
hardware will be purchased by the BIA with city staff providing the labour to replace the
existing signs. It is anticipated that the signs will be installed by the end of 2011.
BACKGROUND
For the past several years the Lundy's Lane BIA has been diligently working toward
beautifying the Lundy's Lane area through various initiatives. Transportation staff have
previously been involved in providing guidance and approval for the installation of street
hardware consisting of decorative benches and waste receptacles in the War of 1812
theme colours. Previous beautification initiatives included the development of a new logo,
the installation of side - mounted pole banners, decorative bus benches, as well as hanging
flower baskets. Most recently the BIA and staff have been working toward replacing the
blue /white street signs with decorative street signs and hardware that complemented the
theme colours and incorporated the Lundy's Lane logo.
The BIA has committed to funding the new decorative
signs and hardware at the 21 intersections along Lundy's
Lane. Of prime importance in choosing a suitable
hardware mounting system, consideration was given to
the installation effort needed for its installation. The
chosen system includes the installation of a sleeve over
the existing pole, thus not requiring complete removal of
the existing hardware. Also of importance was that the
signs were to be manufactured of high quality reflective
sheeting material with sizing and lettering specifications similar to that being used. A
sample of the sign and assembly unit is illustrated.
Lundy's Lane
Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
Transportation Services Department
TS- 2011 -04
Lundy's Lane BIA
Decorative Street Name Signs
TS- 2011 -04
February 28, 2011
February 28, 2011 2 TS- 2011 -04
ANALYSIS /RATIONALE
The Lundy's Lane BIA is continuing its efforts to beautify Lundy's Lane, a major corridor
through Niagara Falls. The proposed street sign and hardware system is another initiative
amongst several in achieving this goal.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
All street signs and hardware are to be funded by the Lundy's Lane BIA. In addition, the
BIA will maintain a 10% stock for future replacements. Labour will be carried out by
Transportation Services staff, with the labour costs accounted for in the 2011 General
Purposes Budget.
CITY'S STRATEGIC COMMITMENT
This initiative is supported by Council's Strategic Priority focussing on Economic Vitality
in the community.
LIST OF ATTACHMENTS
BIA Minutes (Excerpt)
Recommended by:
Respectfully submitted:
The intention is to commence with replacing the street
signs at un- signalized intersections. At a later date, it
is anticipated that the large oversized street signs will
be installed on traffic signal mast arms. City staff and
BIA representatives will continue working with Region
staff to obtain their support and approval to redesign
and replace the existing street signs on the signal mast
arms in the complementary Lundy's Lane theme.
Karl Dren, Director of Transportation Services
Ken Todd, Chief Administrative Officer
M.Carrick
V:\2011 COUNCIL\2011 02 28 \TS- 2011 -04 Lundys Lane - Decorative Street Name Signs.wpd
THIS IS A PARTIAL PRINT OF THE MINUTES OF THE TUESDAY AUGUST 10,2010 MEETING WITH THE EXCERPT
INCLUDED REGARDING THE PURCHASING /FINANCING OF THE DECORATIVE STREET SIGNS
Directors present:
Non -Board Members present:
Fran Berry
Paul Bongers
Len Cade
Guests: Rick Morocco (WFOL)
Dino Fazio (WFOL)
Review of Mission Statement
Previous Minutes
Lundy's Lane BIA
Board Meeting Minutes
MacBain Centre Board Room
Tuesday 10th August, 2010 9:30 am
Tish DiBellonia
Marjorie Ruddy
Hilary Sitlani
Bev Cannon
Non -Board Members with excused absence: Janice Wing
Lisa Thompson
Tony Vommero
Victor Ferraiuolo
"The Lundy's Lane Business Improvement Area is an association that works together to create and promote a positive and prosperous
business environment supporting a year round focus to benefit all businesses on Lundy's Lane through marketing, beautification and
events."
Motion by Hilary to accept and approve the minutes from the Board Meeting on Tuesday May 4th, 2010 at the MacBain Centre.
Seconded by Marge and approved unanimously.
Minutes for the July 6 meeting are not yet available. This item is deferred to the September Board meeting.
#8 Street Signs — Victor was out with City staff a week ago on Brookfield Avenue with the test system. They were very comfortable
with it looks like we will be given the go ahead without going to Council. City Hall will cover the labour. The next stage is to place the
order which Victor needs to reconcile. It will take 5 to 6 weeks to manufacture. Motion by Paul for Victor to go ahead with the order
after he has reconciled the cost which will be in the range of $14,000 to $25,000. Seconded by Tony and carried unanimously.
Motion by Marge to close the meeting. Seconded by Hilary and carried unanimously.
Next meeting Tuesday September 14 "', 2010 10:00 am to 12:00 noon at MacBain Community Centre, Community
Board Room.
1
Passed this twenty- eighth day of February, 2011
First Reading:
Second Reading:
Third Reading:
February 28, 2011.
February 28, 2011.
February 28, 2011.
CITY OF NIAGARA FALLS
By -law No. 2011-
A by -law to declare Parts 4, 6 and 8 on Reference Plan 59R -14366 save and except a 1.52 metre (5
feet) road widening along Parts 4 & 8 on Reference Plan 59R- 14366, in the City of Niagara Falls,
surplus.
WHEREAS City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of
Niagara Falls provides that prior to selling any land, every municipality and local board shall by by-
law or resolution declare the land to be surplus;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it
expedient to pass this by -law;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That Stamford Avenue Plan 35 Stamford lying west of Stamford Avenue Plan 35 being Part
4 on Reference Plan 59R -14366 as closed by BL137 save and except a 1.52 metre road
widening along Part 4 on 59R- 14366, in the City of Niagara Falls, in the Regional
Municipality of Niagara, is hereby declared surplus.
2. That Stamford Avenue Plan 35 Stamford lying east of Stamford Avenue Plan 35 being Part
6 on Reference Plan 59R -14366 as closed by BL137 except Part 1 SN104726, in the City of
Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus.
3. That Part Township Lot 126 Stamford as in ST49071 being Part 8 on Reference Plan 59R-
14366, except R0380220 and R0739000 save and except a 1.52 metre road widening along
Part 8 on 59R - 14366, in the City of Niagara Falls, in the Regional Municipality of Niagara,
is hereby declared surplus.
4. The declaration of surplus set out above being subject to the City retaining a 1.53 metre
width of land along Portage Road for the purpose of widening Portage Road.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
CITY OF NIAGARA FALLS
By -law No. 2011 -
A by -law to adopt a mark, symbol or design for the City of Niagara Falls.
WHEREAS the Council of the City of Niagara Falls has named the arena located at 4171 Fourth
Avenue in the City of Niagara Falls Gale Centre;
WHEREAS the Council desires to register this mark; and
WHEREAS to make the trademark official it is necessary for the municipality to request the
Registrar to give public notice, in accordance with the provisions of Section 9(1)(n)(iii) of the Trade -
Marks Act.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
That the mark, symbol or design depicted and shown in Schedule "A" attached hereto and forming
part of this by -law is hereby adopted by the City of Niagara Falls.
Passed this twenty- eighth day of February, 2011.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
February 28, 2011
February 28, 2011
February 28, 2011
SCHEDULE "A"
Gale Centre
CITY OF NIAGARA FALLS
By -law No. 2011 -
A by -law to adopt a mark, symbol or design for the City of Niagara Falls.
WHEREAS the Council of the City of Niagara Falls has named the arena located at 4171 Fourth
Avenue in the City of Niagara Falls The Gale Centre;
WHEREAS the Council desires to register this mark; and
WHEREAS to make the trademark official it is necessary for the municipality to request the
Registrar to give public notice, in accordance with the provisions of Section 9(1)(n)(iii) of the Trade -
Marks Act.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
That the mark, symbol or design depicted and shown in Schedule "A" attached hereto and forming
part of this by -law is hereby adopted by the City of Niagara Falls.
Passed this twenty - eighth day of February, 2011.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
February 28, 2011
February 28, 2011
February 28, 2011
SCHEDULE "A"
The Gale Centre
CITY OF NIAGARA FALLS
By -law No. 2011 -
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28` day
of February, 2011.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as
herein set forth be adopted, ratified and confirmed by by -law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 28 day of February, 2011 including
all motions, resolutions and other actions taken by the Council at its said meeting, are hereby
adopted, ratified and confirmed as if they were expressly embodied in this by -law. except
where the prior approval of the Ontario Municipal Board or other authority is by law required
or any action required by law to be taken by resolution.
Where no individual by -law has been or is passed with respect to the taking of any action
authorized in or with respect to the exercise of any powers by the Council, then this by -law
shall be deemed for all purposes to be the by -law required for approving, authorizing and
taking of any action authorized therein or thereby. or required for the exercise of any powers
thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby
authorized and directed to do all things necessary to give effect to the said actions of the
Council or to obtain approvals where required. and, except where otherwise provided. the
Mayor and the Clerk are hereby authorized and directed to execute all documents arising
therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix
thereto the corporate seal of the Corporation of the City of Niagara Falls.
Passed this twenty - eighth day of February 201 1.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
February 28, 2011
February 28, 2011
February 28, 2011