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2001/12/10REGULAR COUNCIL MEETING Monday, December 10, 2001 Order of Business and Agenda Package Prayer: Alderman Adoption of the Disclosures of pecuniary for 2001 present the of Lights will shown excellent First Second Place: Third Place: -2- Commercial Category_ First Place: Second Place: Third Place: Joe Miszk, Betty's Restaurant Jane Shields, Imperial Towers Phil & Brenda McGuire, Victoria Park Towers DEPUTATIONS Project Red Ribbon 2001 Shari Walsh, Curtis Liefl and Kelly Brown, members of the Wesflane Secondary School's Students Against Impaired Driving will address Council regarding Project Red Ribbon 2001, also in attendance will be Katheryn Wilson, Student Services. Information Nianara Rosanna Thoms, Executive Director and Jacky Roddy, Program Manager, Information Niagara wish to introduce their 2001/2002 Directory of Community Services in Regional Niagara and to re-acquaint members of Council with the work of Information Niagara and their future direction. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Joyce Nigh, Area Coordinator, "Ontario March of Dimes" - Re: Proclamation - requesting that Council proclaim the month of January, 2002 as "Ontario March of Dimes Month in the City of Niagara Falls" and advising that throughout the month of January, the Ontario March of Dimes will be conducting its annual door to door campaign. RECOMMENDATION: That the requests be approved subject to established policy. -3- Willoughby Community Centre Committee - Re: City of Niagara Falls Crest - requesting permission to use the City of Niagara Falls Crest, with its history at the Willoughby Community Centre as part of a pictorial display at the hall commemorating its 125~ anniversary in 2002. RECOMMENDATION: For Council consideration. REPORTS COMMUNITY SERVICES MATTER~ Chief Administrative Officer BBS-2001-32, 6740 Falisview Boulevard; Variance to Sign By-law No. 6661, as amended. Chief Administrative Officer BBS-2001-33, 6624 Lundy's Lane Variance to Sign By-law No. 6661, as amended. Chief Administrative Officer MW-2001-165, Parking Enforcement Around Schools. Chief Administrative Officer MW-2001-167, Tender 2001-194-000, Fallsview Tourist Core Area, Sanitary Trunk Sewer Phase II. Chief Administrative Officer MW-2001-168, Contract 2001-110-01; Watermain Replacement Program #2, Longhurst Avenue, Lamont Avenue, Caledonia Street, Pope Avenue, Arad Street, Heximer Avenue and Culp Street. Chief Administrative Officer MW-2001-170, Tender #2001-112-01 Victoria Avenue Watermain Replacement. Chief Administrative Officer MW-2001-171, St. Davids Servicing Scheme. Chief Administrative Officer MW-2001-172, Millennium Partnership Funding. -4- Chief Administrative Officer R-2001-58, Appeal of Conditions attached to Severance Application B- 58/2001/NF Frank & Cindy Muileboom. 10. Chief Administrative Officer R-2001-59, Chippawa Outdoor Swimming Pool. CORPORATE SERVICES MATTERS Chief Administrative Officer F-2001-74, Community Reinvestment Fund (CRF) 2. Chief Administrative Officer F-2001-77, Municipal Accounts. 3. Chief Administrative Officer F-2001-78, Borrowing By-law. MISCELLANEOUS MATI'ERS Chief Administrative Officer L-2001-67, Closing and Declaring Surplus Parts of Domenic Crescent on Registered Plan M-92, Calaguiro Estates Subdivision. Chief Administrative Officer L-2001-71, Establishment of Public Highways, Part 2 on Reference Plan 59R-9953 to be known as Willoughby Driveway, Part 1 on Ref. Plan 59R-11204 to be known as Woodbine Street; and part 2 on Ref. Plan 59R-11000 to be known as McGrail Avenue. Chief Administrative Officer L-2001-72, Amendment to Interim Control By-law 2001-25 Adult Entertainment and Body Rub Parlours. 4. Chief Administrative Officer L-2001-73, Council Procedures. Chief Administrative Officer L-2001-74, City of Niagara Falls v. Richard Austin; 6954 Lundy's Lane, "Alpha Care", Body-rub Parlour Enforcement Update. -§- RATIFICATION OF COMMITtEE-OF-THE-WHOLE ACTIONS RESOLUTIONS WHEREAS the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and WHEREAS the intended use of the CRF allocation is for the benefit of property taxpayers; and WHEREAS the Council of the municipality of Niagara Falls does recognize that they are directly accountable to property taxpayers for their use of the CRE allocation; and NOW THEREFORE, let it be resolved that the municipality of Niagara Falls intends to use the 2002 CRF allocation for the benefit of property taxpayers; and FURTHERMORE, THAT the municipality of Niagara Falls does accept the 2002 CRF allocation in accordance with the statements, terms and conditions required by the Ministry of Municipal Affairs and Housing. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2001-269 To authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. respecting the 2001 Watermain Replacement Program #4 - Second Avenue, Stamford Street & Victoria Avenue. 2001-270 To establish St. Mary's Street on registered Plan No. 65 and part of Township Lot 73 in the former Township of Stamford as described in Instrmnent No. ST46754 as a public highway, to be known as St. Mary's Street. (Re: MW-2001-63) 2001-271 To establish part of Township Lot 73 in the former Township of Stamford now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as part 4 on Reference Plan No. 59R-6007 as a public highway, to be known as and to form part of St. Mary's Street. (Re: MW-200163) 2001-272 To stop and close parts of Domenic Crescent on registered Plan No. M-92 designated as Parts 8, 11,31 and 32 on Reference Plan No. 59R-11579. 2001-273 To declare surplus the closed portions of Domenic Crescent on registered Plan No. M-92 being Parts 8, 11, 31 and 32 on Reference Plan No. 59R- 11579. 2001-274 2001-275 2001-276 2001-277 2001-278 2001-279 2001-280 2001-281 2001-282 2001-283 -6- To establish Part 2 on Reference Plan 59R-9953 as a public highway, to be known as and to form part of Willoughby Drive. To establish part 1 on Reference Plan 59R-11204 as a public highway, to be known as and to form part of Woodbine Street. To establish Part 2 on Reference Plan 59R-11000 as a public highway, to be known as and to form part of McGrail Avenue. To authorize the execution of an agreement with Alfidome Construction Limited respecting the 2001 Watermain Replacement Program #2 - Lamont Avenue, Caledonia Street, Pope Avenue, Arad Street, Heximer Avenue and Culp Street. To authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting Failsview Tourist Core Area Sanitary Trunk Sewer - Phase II. To amend By-law No. 89-155, as amended, being the Standing Rules of Council. To amend By-law No. 2001-25, being a by-law to prohibit certain uses of land in the area of the City of Niagara Falls. To authorize the temporary borrowing of TWENTY-THREE MILLION DOLLARS for current expenditures for the current year and to authorize the temporary borrowing of SEVENTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS for the acquisition of a certain rail line in the City of Niagara Falls. To authorize monies for General Purposes (December 10, 2001) To adopt, ratify and confirm the actions of City Council at its meeting held on the 10~ day of December, 2001. NEW BUSINESS INFORMATION NIAGARA Niagara Information Wednesday, December 05, 2001 Mr Ray Kalllo Acting City Clerk 4310 Queen St Niagara Falls, ON L2E 6X5 Dear Mr Kallio: I am wdting on behalf of Rosanna Thorns, Executive Qirecto request that Information Niagara be permlffed to aoclress th{ o~ Men Dec 10. Information Niagara is a non-profit community Information c~ of Niagara we respond to more than 26,000 enquiries a year to Connect residents to the human service informatlbn they r productive lives in Niagara. The D rectory of Community Services in Regional Niagara is that we make this information available to the public~ and it is Directory that we would like to introduce to city cour~cil.on Mc introducing our latest Directory Ms Thorns will briefl~ ra-acqu work of'Information Niagara and our future directio~ In attendance will be Rosanna Thorns, Executive D~reCtor, n myself Jacky R0ddy, Program Manager, Informatidn Niagan I can be reached at905-682-2875. If'you have any questions attendance. Thank you, Sincerely, y Roddy Program Manager This letter is being sent by fax and a duplicate sent in the m; ~AGE ~2 £onnecti eo le a.d ~f Information Niagara to Niagara Falls City Council ~ter: Serving the residents Information Niagara strives ced to lead healthy and lust one of the many ways the 2001/02 edition of this Cday night. Along with aint councilors with the 3rmation Niagara and )r to confirm our Igt. Catharines Office: ~ City To'.~r. iMail: 301 ~ Pa~ St.. Box l Nl~nra ~ ~; 5017 ~aAvc,~ N~ Fall ~qui~: 9054824611 9054564636 1400-~63-3695 ~x: 9054824314 Adml~lst~tlon: 905~824056 P~bllcntlo~s~ ~$482-2~' B~d~F~: 905482-2875 ln~rp~ Nlagnm: 905482-26~ Volun~r C~ne~m: 905-356~580 , St. Cathn.dn¢,~ ON L2R 3M8 OH L2E 4C9 ~na~onmagara.~rm 8055 McLeod Road, Unit 204 Niagara Falls, Ontario L2H 2Y6 November 28, 1901 LEGAL DEPT. Mr. Ray Kallio Acting City Clerk 4310 Queen St. P. O. Box 1023 Niagara Falls, Ontario Dear Mr. Kallio: Throughout the month of January, the Ontario March of Dimes will be conducting its annual door-to-door Campaign across the province. I would appreciate it if you could have council, at their ne~ regular meeting, proclaim the month of January 200&as "Ontario March of Dimes Month in the City of Niagara Falls". Should you require any further information about our campaign, please do not hesitate to contact me at (905) 358-9904. Sincerely, Joyce Nigh Area Coordinator Mayor Wayne Thomson Niagara Falls City Hall 4310 Queen Street Niagara Falls Ontario, L2E 6X5. Willoughby Community Centre Committee c/o Mrs. Rhonda Coleman 5561 Bossert Rd. RR#3 Niagara Falls Ontario, L2E 656. November 23.2001. Dear Mayor Thomson: The Willoughby Community Centre Committee wishes to a pictorial display at the hall commemorating its 125th anniversary. This would be done for the year 2002. This facility has been in use consecutively, for 125 years by the community in year 2002. This building has also been declared historical by LACAC. We have a copy of the City Of Niagara Falls Crest, with its history(copy enclosed). We request permission to use this in a display at the Willoughby Community Centre as part of the pictorial display. If you would be so kind as to let us know, if this meets with your approval, it would be greatly appreciated. Sincerely, Rhonda Coleman Secretary Willoughby Community Centre Committe phone # (905) 295-4678. Description of Crest Top part of the crest- silver maple leaves on either side of a crown. Surmounting the shield of the crest in the upper left- hand comer is an electric generator symbolizing power, and in the lower right, hand comer is a beaver symbolic of In the centre portion of the shield is the Horseshoe .Falls with blue for the water, green for foliage, etc. and in both the upper right-hand and lower left-hand corner is the red heraldic symbol depicted by vertical lines. Supporting this shield are lions rampant, grasping symbols for electric currents, all surmounting the name of the municipality. (Crest came into being in 1939.) , The City of Niagara Falls Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city, niagarafalls.on.ca BBS-2001-32 Mel Brown, Director December 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BBS-2001-32, 6740 Fallsview Boulevard Variance to Sign By-Law No 6661, as amended. RECOMMENDATION: That Council approve a variance to Sign By-Law No. 6661, as amended, to permit a wall sign with an area of about 410 square feet to be erected on the Marriott Hotel extension at 6740 Fallsview Boulevard. BACKGROUND: The Sign By-Law stipulates that a wall sign may occupy up to 25% of the area of the face of a building, but may not exceed 150 square feet without the prior approval of Council. This wall sign exceeds that amount, but occupies less than 10% of the area of the wall on which it is proposed to be installed. It is commensurate with other such signs on other buildings in the vicinity. Recommended by: Mel Brown Director of Building and By-law Services Respectfully Submitted: Edward P. Lustig Chief Administrative Officer Approved by: Executive Director of Community Services Attach. Working Together to Serve Our Community Municipal Works · Fire Services · Parks Recreation & Culture · Business Development · Building & By law Services The Ci,¥ of Niagara Falls Can ll Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city, niagarafalls.on.ca BBS-2001-33 Mel Brown, Director His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario December 10, 2001 Members: Re-' BBS-2001-33, 6624 Lundy's Lane Variance to Sign By-Law No 6661, as amended. RECOMMENDATION: That Council approve a variance to Sign By-Law 6661, as amended, to permit a second ground sign within 90 feet (27.4m) of an existing ground sign on a property with a frontage of 147 feet (44.8m) at 6624 Lundy's Lane BACKGROUND: The Sign By-Law stipulates that ground signs on the same property shall be not less thanl00 feet (30.4m) apart and that the minimum frontage for a property with two such signs shall be 150 feet (45.7m). The required variance for a reduction to 90 feet (27.4m) and 147 feet (44.8m), respectively, appears to be minor in nature and to meet the intent of the requirements of the By-law. ,~,.~ended by: Mel Brown Director of Building and By-law Services Respectfully Submitted: Edward P. Lustig Chief Administrative Officer Approved by: John MacDonald Executive Director of Community Services Attach. Working Together to Serve Our Community Municipal Works · Fire Services · Parks Recreation & Culture · Business Development · Building & By law Services October 31, 2001 Mayor Wayne Thomson and City Councillors City Hall P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Bob & Cathy Cushing Robmac Restaurants Ltd. (Arby's) 6624 Lundy's Lane Niagara Falls, Ontario L2G tV2 Dear Mayor & City Councillors: We are hereby applying for a sign variance to be made which would allow us to erect another gromid sign at the above mentioned location. The reason for requesting this variance is that the present ground sign is blocked from view because cfa large tree which is at the front of the property. We understand the value that trees add to the landscape of properties and understand the reason for not having this tree removed. However, at the same time, our present ground sign is hidden from the view of motorists. We are requesting relief from the By-law that says there must be 100 feet between ground signs. When motorists travel in a westerly direction on Lundy's Lane, it is impossible to see the present ground sig.n and this could very well result in a loss of business. By placing a ground sign at the easterly limits of our property, our restaurant would be well signed from both westerly and easterly directions. Your approval to this request would be greatly appreciated. Sincerely, Bob & Cathy Cushing Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001-165 File G- 180-23 Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: mu nwks~city.niagarafalls.on.ca December 10, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001- 165 Parking Enforcement Around Schools RECOMMENDATIONS: /~It ~recommended that this report be received for the information of Council: . fv~T//~-~ ~'~T BACKGROUND: ~-~Ed~,~.__~ f.,/~-~"~4~-z'~-~;¢/T P/~ ~ ~ ~.~ ~,~- Ci~ Co,cji, m i~' meeting of Novem~r 26, 2001, requested ~m S~ review ~e issue of p~ng efforcement ~o=d school m~. As a result of school busing boundaries being broadened, a greater number of children now have to walk further to go to school and depending on the school board, it could be up tol.6 kilometres in distance. Due to safety issues surrounding children these days and the increased walking distances, many parents are choosing to drive their children to and from school. This increased traffic has created traffic problems around schools. A number of schools have recognized the need to establish a safe haven for children offthe street, by establishing a drop offand pick-up area on school property, for parents, known as the "Kiss and Ride" program. This program has been established and is successfully operating at several schools in the city, including; Mary Ward, Greendale, Orchard Park, Notre Dame, St. Mary's and more recently, at Riverview School in Chippawa. A number of other schools have also expressed interest and are currently working with staffto develop a plan of action. The list of schools are; Princess Margaret, Cardinal Newraan, Sacred Heart and Notre Dame (French Immersion). "Kiss and Ride" may be the ultimate solution to address thc parents needs when picking up and dropping offtheir children, however, it takes a strong commitment from the school and school board to provide both the land and the funds to establish the program, as well as, volunteer parents to supervise the program. Many of our schools are older and were built at a time when most children were bussed to and from school or lived close enough to walk and were not threatened by a change in society values and security issues. Therefore, the need for schools to provide an area on school property, for parents to drive their children to and from school, was not an issue when the schools were first built. Parking and Stopping regulations have been instituted adjacent to school property to establish a December 10, 2001 -2- MW-2001-165 safe area to ensure the safe and unobs~ucted movement of traffic, the boarding and exiting of children from school buses as well provide maximum visibility, to drivers, of children in school areas. These "No Parking" and "No Stopping" signs in front of the schools are not new and have been in place for many years. Parking enfomement around schools has always been a contentious issue and prior to the September 2000/2001 school year, parking enfomement around schools had been sporadic and inconsistent and had been handled only on a complaint basis. The problem that existed with this type of enfomement, is that, as soon as the Parking Control Officer had left the area, the illegal parking activity returned, thereby not really addressing the problem. Many parents with good intentions feel it is their right to pull up as close as possible in front of the school whether they realize that they are breaking the parking by-laws or not, as long as they are doing so to make their child safe. What they may not realize is that by breaking the law they are jeopardizing other children's safety, as well, they are starting a chain reaction, because as soon as other parents see this action, they themselves can rationalize breaking the law, thereby exacerbating the problem. In addition, many parents caught up in today's busy times, who could be late for work or are in a rash to get somewhere else, are choosing convenience over safety. Under the Highway Traffic Act the Parking and Stopping Regulations are defined as follows: "park" or '~arking", when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers". The fine is $15.00 and will be increased next year to $20.00 (upon approval of the Ministry). "stop" or "stopping", when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or ora traffic control sign or signal. The fine is $30.00 and will be increased next year to $40.00 (upon approval of the Ministry). In September 2000, City Staff after receiving several complaints from both school principals and parents, targeted thirteen schools having the most problems with parents disobeying the parking regulations. Staffmet with the Principals of the thirteen schools to discuss the situation, identify the problem, outline the proposed enforcement activities that would follow and request that they inform the parents through their school newsletters along with the fact that City will be enforcing the regulation with a zero tolerance mandate. Staff focussed on these thirteen schools, with ordy spot checks undertaken on the less problematic schools. Starting in October 2000, enforcement stafr'proceeded to embark on a two week wanting/public education process by issuing verbal warnings to parents who were violating the parking regulations and to allow schools to publish their newsletters. Upon completion of this education process Parking Control officers proceeded issue "No Stopping" and "No Parking violations". In September 2001, once again Parking Control Officers embarked on a two week warning/public education process by issuing verbal warnings to parents who were violating the parking regulations and upon completion of this warning period Parking Control Officers proceeded issue "No Stopping" and ''No Parking" tickets to violators. Although, the appearance of a Parking Control Officer at the school's arrival and dismissal times often results in increased December 10, 2001 -3- MW-2001-165 observance, the parking problem returns as soon as the officer leaves the area. In addition, parents continue to disregard the parking regulations even in the presence of a Parking Control Officer, while he is issuing a parking ticket to another parent. To address this problem, officers are now writing tickets to those parents who drive away after committing the parking offence and parking tickets are mailed to them. As a result of this enforcement practise, there have been complaints regarding tickets that have been received in the mail by offenders. Although, the practise of mailing tickets to violators had been used infrequently in the past, it is being used more extensively in school areas to try obtain compliance of the law, by parents. In response to concerns expressed by parents receiving parking tickets, staff have sent letters to ail elementary school principals requesting that they advise parents through their school newsletters of the serious problems caused by parking illegally and the zero tolerance enforcement practise by City's Parking Control Officers. At the same time ail the schools were provided with more information on the Kiss and Ride program, encouraging them to participate in the program. As well, advertisements have been placed in the local newspapers explaining the safety hazards and zero tolerance enforcement approach around schools. Staff has also been asked to review the possibility of refunding and/or cancelling parking infractions given in front of schools. The fact of the matter is that these infxactious have been committed contrary to the Highway Traffic Act's parking and stopping regulations and there is no just cause for either cancelling or refunding these tickets. All the school areas are well signed and have been for many years, which means, it is very clear to the driver as to where they can or can't park or stop their vehicles. Council should also be aware that since September 2000, over 1300 parking infractions have been issued around schools, totalling over $31,000.00 in fmc revenue. Staff is concerned that the cancelling of parking tickets will result in future challenges to both past and present parking tickets by violators and seriously undermine our parking enforcement operations and further, that Council themselves will be inundated with requests to withdraw tickets. City Staff endeavours to continue to make school areas safe through education and enforcement, to address the serious safety hazard caused by illegally parked/stopped vehicles. Prepared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services Council's concurrence with the recommendation outlined in this report would be appreciated. /// John MacDonald ~/ Executive Director of Community Services Recommended by: Ed Dujlovic, P. Eng. Director of Municipal Works S:\TRAFFICW, EPORTS~2001~2001 Coun¢ilLMW2001 - 165.wpd Res e fully Submitted by: Edward P. Lustig Chief Administrative Officer December 10, 2001 -4- MW-2001-165 Cnttell Drive in front of Riverview School Before Regular Enforcement and Kiss and Ride Cai'cell Drive in front of Riverview School After Regular Enforcement and Kiss and Ride The City of Niagara Falls Community Services Department Municipal Works 4310 Oueen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: wvnv,city.niagerafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: December 10, 2001 Ed Dujlovic, P. Eng, Director MW-2001-167 File 2001-194-00 Re: MW-2001-167 Contract 2001-194-00 Fallsview Tourist Core Area Sanitary Trunk Sewer - Phase 2 RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Provincial Construction, be accepted and the by-law be passed; And further, that the amount of $ 652,517.40 be included in the 2002 Water & Sewer Budget for this project. BACKGROUND: The Tender Opening Committee, in the presence of a representative of the City Clerk, opened tenders on Thursday, December 6, 2000 at 1:30 p. m. for the above noted contract. Tender documents were picked up by twelve (12) Contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the four (4) Contractors, together with the corrected bids *. 1. Provincial Construction Ltd. 2. V. Gibbons Contracting 3. Centennial Construction 4. Rankin Construction ( Niagara Falls ) ( Ridgeway ) ( Niagara Falls ) ( St Catharines ) $1,225,925.63 $1,241,945.33 * $1,399,663.00 $1,581,340.00 ($1,399,660.00) Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development 2001-12-10 -2- MW-2001-167 The lowest tender was received from Provincial Construction in the amount of $1,225,925.63. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. This is the second phase of a three-year project required to service the growth in the Fallsview area including the permanent casino. Based on the time constraints for construction in the approval from Niagara Parks Commission this project must be commenced in 2002 to ensure completion before the end of 2003. This phase includes works by the Niagara Parks Commission on their roadway. We will administer the contract and they will reimburse the City. Council, by approving the award of this contract, will be committing to the expenditure in the 2002 Capital Budget. Financing: The Engineer's estimate for this contract was $1,400,000.00. Project Costs: Awarded Contract Consultant Miscellaneous Fees ( MOE ) Net G.S.T. 3% $1,225,925.63 $ 52,600.00 $ 1,200.00 $ 38,391.77 TOTAL $1,318,117.40 Funding: 2001 Capital Budget Niagara Parks Commission Development Charges 2002 Water & Sewer Budget $ 52,600.00 $ 493,000.00 $ 120,000.00 $ 652,517.40 This project is scheduled to commence on January 2, 2002. All works are to be completed by March 8, 2002 in accordance with the approval from the Niagara Parks Commission. 2001-12-10 -3- MW-2001-167 Council's concurrence with the recommendation made would be appreciated. Darrell E. Smith, P.Eng., Manager of Engineering Services Respectfully Submitted by: Edward P. Lustig, Chief Administrative Officer Director of Municipal Works John MacDonald Executive Director of Community Services Community Services Department Niagara Falls Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalls.on.ca December 10, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Ed Dujlovic, P. Eng. Director MW-2001-168 File 01-110-01 Re: MW-2001-168 Contract 2001-110-01 Watermain Replacement Program #2, Longhurst Avenue, Lamont Avenue, Caledonia Street, Pope Avenue, Arad Street, Heximer Avenue and Culp St. RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Ltd., be accepted and the by-law be passed. BACKGROUND: The Tender Opening Committee, in the presence of Ray Miller, the representative for the Acting City Clerk, Mr. Ray Kallio, opened tenders on Tuesday, December 4, 2001 at 1:30 p.m. for the above noted contract. Tender documents were picked up by ten (10) Contractors and eight (8) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the eight (8) Contractors, together with the corrected bids * 1. Alfidome Construction Ltd. 2. Volsci Construction Co. Ltd. 3. DeRose Bros. Gen. Contracting 4. Provincial Construction Ltd. 5. Alfred Beam Excavating ( Niagara Falls ) ( Niagara Falls ) ( Thorold ) ( Niagara Falls) ( Fort Erie ) $399,901.50 $427,063.10 $427,166.60 $430,566.59 $437,115.00 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development 2001-12-10 2 MW-2001-168 6. Centennial Construction ( Niagara Falls ) *$477,010.50 ($473,055.50) 7. O'Hara Trucking & Excavating (St. Catharines) *$485,874.00 ($486,578.00) 8. Condotta Construction Ltd. ( Thorold ) * $497,329.71 ($490,464.71) The lowest tender was received from Alfidome Construction Ltd. in the amount of $399,901.50. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Fin,'mcing: The Engineer's estimate for this contract was $380,000.00. Project Costs: Awarded Contract Net G.S.T. 3% $399,901.50 $ 11,997.05 TOTAL $411,898.55 Funding: Water Reserve $420,000.00 This project is scheduled to commence on January 21, 2002. All works are to be completed within 60 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall, C.E.T. Project Manager Recommend/o/d by: Director of Municipal Works ~pproved by: /John MacDonald ~/ Executive Director of Community Services Res~l~Ctfully Submitted by: ~'~ ~d~Ad P'dm~n~:titlgative Officer Community Services Department The City of Niagara Falls I - Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niag arafalls.on.ca Tel: (905) 356-7521 Fax: (906) 356-2354 E-mail: darrells@city.niagarafalls.on.ca December 10, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Ed Dujlovic, P. Eng. Director MW-2001-170 File 01-112-01 Re: MW-2001-170 Contract 2001-112-01 Second Avenue, Stamford Street, Victoria Avenue Watermain Replacement RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, DeRose Bros. Gen. Contracting, be accepted and the by-law be passed. BACKGROUND: The Tender Opening Committee, opened tenders on Thursday, November 29, 2001 at 1:30 p. m. for the above noted contract. Tender documents were picked up by eight (8) Contractors and five (5) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the five (5) Contractors, together ~vith the corrected bids * 1. DeRose Bros. Gen. Contracting 2. Alfidome Construction Ltd. 3. Provincial Construction Ltd. 4. Condotta Construction Ltd. 5 Centennial Construction ( Thorold ) ( Niagara Falls ) ( Niagara Falls) ( Thorold ) ( Niagara Falls ) $379,740.14 * $379,216.00 ($380,116.00) * $410,748.01 ($410,742.03) * $433,001.96 ($438,306.96) Disqualified - incomplete Working Together to Serve Our Communi(v Municipal Works Fire Services Parks, Recreation & Culture Business Development MW-2001-170 -2- 2001-12-10 The lowest tender was received from DeRose Bros. Gen. Contracting in the amount of $379,740.14. This Contractor has performed projects for the City previously, and staff are confident that they will be able to complete this contract. Financing: The Engineer's estimate for this contract was $380,000.00. Project Costs: Awarded Contract Miscellaneous Fees ( MOE ) Net G.S.T. 3% $379,740.14 $ 1,200.00 $ 11,392.20 TOTAL $392,332.34 Funding: Water Reserve $460,000.00 This project is scheduled to commence on January 21, 2002. All works are to be completed within 40 working days. Council's concurrence with the recommendation made would be appreciated. Manager of Engineering Services Approved by: o~ MacDonald~ {.,/Executive Director of Community Services Recomn~,en~d by: Ed Dujlovic, P. Eng. Director of Municipal Works Resp~t_fully Submitted by: x. Edward P. Lustig Chief Administrative Officer Niagara Fails Community Sen/ices Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city.niagarafatls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 Ed Dujlovic, P. Eng. Director MW-2001-171 December 4, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' MW-2001-171 St. Davids Servicing Scheme Connection to Stanley Avenue WWTP RECOMMENDATION: It is recommended that the City support, in principle, an undertaking by the Town of Niagara-on-the- Lake to construct a sanitary sewer collection system for the community of St. Davids that will discharge into the Stanley Avenue Wastewater Treatment Plant. ,--~ 7-//~)T' 7'"J/~ Adtgr)'b--~-- BACKGROUND: · The Town of Niagara-on-the-Lake has initiated a study in accordance with the requirements of the Municipal Engineer's Association (MEA) Class Environmental Assessment (EA) process to examine a cost-effective means to address reports of failed septic systems within the community of St. Davids. Their investigation has concluded that a communal collection system would be required to mitigate the health problem and reduce the environmental impacts on the Four Mile Creek watershed. Recently, the Town's investigation has expanded to consider the possibility of pumping the sewage into the Niagara Falls collection/treatment system instead of the original scheme to pump the sewage northerly to Virgil, then eventually into the Niagara-on-the-Lake Lagoon. The Town has also been successful in acquiring both Federal and Provincial funding through the OSTAR Program to help offset the $8,000,000 (approximate) capital cost of the project. Municipal Works have been monitoring this investigation and see an opporttmity for the City to extend gravity sewers to the north end of Stanley Avenue as part of this servicing scheme and take advantage of up to two-thirds funding that otherwise would not be availhble. If the City on its own initiative, were Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws 2001-12-10 -2 - MW-2001-171 to extend municipal sewers on Stanley Avenue from the current limit at Portage Road up to Highway 405, the City would be looking at a cost of about $350,000. By participating in the proposed servicing scheme these costs can be reduced to about $117,000 which could be collected from the benefiting properties by passing an appropriate by-law. Staff has examined the potential for constraints within the City's collection system and has continued that there is surplus capacity in the Stanley Avenue sewer and the additional flows coming from the St. David system will not preclude the development of any lands within the City's current Urban Area Boundary. The purpose of this report is to inform the Council of this opportunity and to seek their endorsement in principle so that the town of Niagara-on-the-Lake can complete its study and proceed with the project. Further information with respect to financial, technical and timing issues will be brought forward for the Council's consideration as it becomes available. Prepared by: GeoffHolman Manager of Development Approved by: ~ . / ~,~hn.e,,~acD°nald Executive Director of Community Services Recommend by: Ed Dujlovic, P.Eng. Director of Municipal Works Respec ly Submitted by: ~ Edward P. Lustig Chief Administrative Officer Attachment Department of Public Works TELEPHONE FACSIMILE (905) 468-3278 (905) 468-1722 2001 12 04 The City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 1593 CREEK Roar:, (Nl*TheTownot ~ ('~ I 1 EO. Boxl00 agara-t, dn-lne-j .l e VIRGIL,L0sO NTARIOiT0 [<5 ...4,,. _ '"':'.. x f'd'r R[cilv[0 "i.:\ DECO, ZOO, Attn: Mr. Geoff Holman, C.E.T. Manager of Development Re: ST. DAVIDS SEWER SYSTEM NIAGARA-ON-THE-LAKE Dear Mr. Holman: Further to our discussions of December 4, 2001, we are pleased to provide the following proposal for your consideration. As you are aware, the current approved Class EA for the above noted project provides for the collected sewage from the St. Davids service area to be pumped to treatment facilities in Niagara-on-the-Lake via the community of Virgil. An alternate route would be via a gravity sewer on Stanley Ave. in the City of Niagara Falls to the Stamford Waste Water Treatment Plant that offers full tertiary treatment and has sufficient capacity. This scheme would involve a two pump station alternative with a forcemain on Townline Road discharging into the sewer on Stanley Ave. The total forcemain length would be approximately half that required to pump to Virgil in Niagara-on-the-Lake. Preliminary cost estimates indicate that the capital cost of pumping to the Stamford Plant are in the same order as the Virgil/Niagara-on-the-Lake solution. At this time, we are requesting that the City of Niagara Falls confirm its willingness to contribute the cost of oversizing the works that would benefit the City. We understand that there are a number of existing properties that could connect if this option is selected. Cont'd. First Capital of Upper Canada - 1792 City of Niagara Falls - 2 - 2001 12 04 An agreement in principle will suffice with final details to be confirmed as the project proceeds. The Town has been advised that funding assistance from the OSTAR program has been awarded and an agreement is pending. We would appreciate receiving a response by December 12, 2001 in order that we can prepare our report to Town Council. We thank you and other City staff for your time and assistance in this endeavour. E.J. K~z~a, M/~c~, P.Eng. Direfifor of Pul:C c~Works EJI{'.ie cc: C. Brcic, Region of Niagara D. Ali, Region of Niagara D. Chen-ington, Region of Niagara L. Holloway, Niagara-on-the-Lake G. Burroughs, Lord Mayor, Niagara-on-the-Lake G. Bum, Acres & Associated The City of Niogoro FaLls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 Ed Dujlovic, P. Eng. Director MW-2001-172 December 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: Re: MW-2001-172 Millennium Partnership Funding RECOMMENDATION: That this report be received and filed. BACKGROUND: The Regional Municipality of Niagara approved the Regional report CAO-2001 which recommended that the area municipalities submit a list of projects for consideration for one-third of the Region's $39 million SuperBuild Allocation. After meeting with staff from several departments and reviewing the five-year capital works program the following projects were selected for submission. 1. Streetscaping of Stanley Avenue. This work will be carried out in conjunction with the proposed reconstruction of Stanley Avenue by the Region between McLeod Road and Dunn Street. The anticipated cost for the streetscaping work is estimated to be approximately $1.9 million. 2. The Extension of Services for the Northwest Sector. As Council may recall, it approved report MW-2001-154 which requested that the Regional Municipality of Niagara approve the extension of water and sewer services to the northwest sector, due to ongoing problems experienced by Club Italia, Shaddy Oakes Trailer Park and the Regency Motel. The cost estimate to extend the watermain and provide a sewer system along with a pumping station and forcemain is in the order of $1,050,000.00. Working Together to Serve Our Communffy Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws 2001-12-10 -2 - MW-2001-172 3. Construction of a Storm Sewer on Stanley Avenue. The project starts with the installation of an outlet to the existing dropshaft to the hydro runnel at Valley Way and proceeds southerly across Highway 420. The construction of this project, which will provide flooding relief and reduce the amount of storm water being treated at the Stanley Avenue Sewage Treatment Plant, is estimated to be approximately $3.2 million. The Region has indicated that the remaining SuperBuild Allocation would be reserved for use within the next year or two for projects that are not ready to proceed at this time. Accordingly, staff will be making future applications for SuperBuild funding consideration. Council's concurrence with the above recommendation would be appreciated. Ed Dujlovic Director of Municipal Works Approved by: acDonald ve Director of Community Services Respect~lly.~//~ ~/~ ~x~Submitted b~y: ~d~We~rAd P'dmLiI~';ti&ve Officer Community Services Department Parks, Recreation & Culture lhe City of~, 7565 Lundy's Lane Niogoro Foils Ij~l~ Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Can~~ Tel: (905) 356-7521 ~ I - Fax: (905) 356-7404 E-mail: akon~city.niagarafalls.on.ca Adele Kon Director R-200t-58 December 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Fails, Ontario Members: Re: R-2001-fi8 Appeal of Conditions Attached to Severance Application B-58-2001/NF - Frank & Cindy Muileboom RECOMMENDATION: That Council support the lodging of an appeal of conditions against Severance Application B-58- 2001/NF - Frank & Cindy Muileboom. BACKGROUND: The City's Committee of Adjustment approved the conveyance of a 1.01 acre parcel of land as a farm retirement lot on November 27, 2001. A 68.78 acre parcel of land with a dwelling and barn is to be used for continued agricultural use. Parks, Recreation & Culture had no objections to the severance application subject to a condition requiring cash in lieu of parkland dedication for the newly created lot. This condition, which is commonly requested for new residential lots that are created by consent was not included in the decision by the Committee of Adjustment. As members of Council may recall, staff investigated the issue of developers developing parkland and initiatives to increase funds for parkland development in the Spring of 2000. One of the recommendations was applying parkland fees from new lots created by consent. Upon the investigation carried out by staff, it was found that many municipalities applied Section 53 of the Planning Act in requiring new lots to pay a parkland dedication fee. The fee was typically found to be used in the acquisition and development of new parkland. On March 20, 2000, City Council approved the requirement of parkland fees for new lots created within the rural area. The local Committee of Adjustment was empowered by the Niagara Region to make decisions on consent applications in Niagara Falls on January 1, 2000. There have been a totai of 13 severances involving the creation of new rural residential lots in 2001 and Parks, Recreation & Culture has requested the 5% parkland dedication in all cases. The Committee of Adjustment has applied the Working Together to Serve Onr Communitg Municipal Works Fire Services Parks, Recreation & Culture Business Development R-2001-58 - 2 - December 10, 2001 5% cash in lieu of parkland condition in all cases except the subject application. The Planning Act provides provisions for municipalities to require parkland dedication for the creation of new lots. The requiremem of parkland dedication for new lots in rural areas is commonly used by municipalities throughout the Province and approved by Niagara Falls City Council in March of 2000. We hereby seek Council support to appeal the conditions of Consent Application B58/2001/NF. Director of Parks, Recreation & Culture Approved by: ~ ~ Services ~~;;~'~eale~or 0 f Community Respectfully Submitted: Edward P. Lustig f Chief Administrative Officer BB/das S:\Council\Counci1200l~R-2001-58.wpd Community Services Department Parks, Recreation & Culture The City of ti~l~. 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 Niogoro FOI's I1~- web site: www.city.niagarafalls.on,ca Ca n~d..~.~=~~ Tel: (905) 356-7521 ~ I -- Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Ken Director R-2001-59 December 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2001-59 Chippawa Outdoor Swimming Pool RECOMMENDATION: For the information of Council. BACKGROUND: At the November 19, 2001 Council meeting, the following motion was adopted: "that staff provide a report on 1) who had authorized a commitment of $300,000 to the Niagara South Recreation Association toward the building of the Chippawa pool; 2) was the pool going to be built; and 3) if the pool was not being built, where were the funds going and how were they going to be handled." As Members of Council are aware, the Chippawa Pool Committee, Chaired by Alderman Shirley Fisher, has been fundraising for an outdoor swimming pool in Chippawa. Council did agree to match their fundraising dollars up to a maximum of $300,000. Staff over the past few years has funded only the dollars that have actually been fundraised by the Committee. Therefore, a fund of $300,000 has not actually been established. To date, the Chippawa Pool Committee has raised $45,315.09. The group also has written commitments for an additional $10,000. In order to provide needed income tax receipts, the Chippawa Pool Committee would have to apply to the Provincial Government to obtain a charitable tax number. This is both a time consuming and onerous undertaking. In order to expedite the process, the Niagara South Recreation Association (NSRA) agreed to issue the required income tax receipt by allowing the funds to flow through their organization. In order to do so, the NSRA had Working Together to Serve Our CommuniO~ Municipal Works Fire Services Parks, Recreation & Culture Business Development R-2001-59 - 2 - December 10, 2001 to first obtain permission from the Canada Customs and Revenue Agency. Permission was subsequently obtained and the ability to fundraise the $300,000 is shown on the NSRA income tax submission. However, it is important to note that these are not real dollars, and that the NSRA is not responsible for either fundmising or for the actual funds collected. The funds are maintained by the Chippawa Pool Committee in a separate bank account. The Chippawa Pool Committee, with the cooperation 0fthe Chippawa Lions Club has decided to reduce the size of the outdoor pool and to have it constructed in Chippawa Lions Park. Although accurate costs have not as of yet been provided, it is estimated that the pool will cost approximately $125,000 to $150,000. With these changes, it is now financially feasible to construct the outdoor pool. The Chair of the Committee, Shirley Fisher, can address any further questions pertaining to the activities of the Chippawa Pool Committee. Recommended by: /~ Director of Parks, Recreation & Culture Approved by: //John MacDonald ~/ Executive Director of Community Services AK/das Respectfully Submitted.'... Edward P. Lustig ~ Chief Administrative Office~/// S:\Council\Council 200BR-2001-59.wpd Niogaro Foils Corporate Services Department Finance 4310 Queen Street P,O. Box 1023 Niagara Falls, ON L2E 6X5 Tel: (905) 356-7521. Ext. 4288 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca Web Site: www. city.niagarafalls.on.ca F-2001-74 Kenneth E. Burden Director of Finance December 10, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-74 - Community Reinvestment Fund (CRF) RECOMMENDATION: For the information of City Council. BACKGROUND: On November 19, 2001, staff received a communication from the Ministry of Finance and the Minist~j of Municipal Affairs and Housing regarding the Community Reinvestment Fund (CRF). The information provided details regarding the 2001 year-end CRF reconciliation, the 2002 CRF allocation, and new municipal information requirements. 2001 Year-End Reconciliation A 2001 year-end reconciliation will be done in October 2002 with adjustments made to reflect Local Services Realignment (LSR) cost changes. For those municipalities that require additional CRF to offset their 2001 net LSR costs, the Ministry of Finance will process a separate CRF payment in 2002 that reflects the increase in costs. For those municipalities that experienced a decrease in 2001 costs, the 2003 CRF quarterly payments will be decreased to reflect the subsequent overpayment. 2002 CRF Allocation The 2002 CRF allocation is detailed on Schedule A attached. As noted in the schedule, the total amount includes $1,006,000 base funding ($1,176,000 for 2001), transit bonus of $170,000 (new), and bonus funding of $219,000 ($219,000 for 2001) for a total of $1,395,000. The City's 2002 General Purposes Budget will be impacted as the funding includes the transit bonus and the total CRF for 2002 is the same as was received in 2001. Working Together to Serve Our Community Clerk's Finance Human Resoumes Information Systems Legal P/ann/ag & Development December 10, 2001 - 2 - F-2001-74 2002 CRF Conditions New municipal information requirements are detailed on Schedule B attached. Municipalities are expected to apply all CRF allocations to the current year operational costs and pass the benefit of those funds directly on to the taxpayer. The new requirements provide certain key information to the province that confirms Council's commitment to a shared objective of tax relief for property taxpayers. The acceptance of the CRF Allocation constitutes agreement with the statements, terms and conditions as shown in Schedule B. Staff has prepared the Council resolution in compliance to the new requirements. The resolution will be presented for Council's consideration upon the recommendation of the Corporate Services Committee. Prepared by: K. Burden Director of Finance Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: T. Ravenda Executive Director of Corporate Services Local Services Realignment (LSR) 2002 Community Reinvestment Fund (CRF) Allocation $ Thousands City of Niagara Fall Region of Niagara 2002 CRF Package 1. Calculated CRF 2. Adjustment for 2001 Land Ambulance Costs 3. Total 2002 CRF Base Allocation 4. Transit Bonus 5. CRF Bonus 8. Supplementary Assistance 7. Total CRF Funding for 2002 1,006 o 1,006 -I- 170 219 0 1,395 2002 Payments CRF Allocation of $1,395,000 will be paid in 4 equal installments of $348,750 Ontario Ministry of Finance 18101 Ontario Ministry of Finance SCHEDULE A Conditions of Community Reinvestment Fund Allocations Reporting requirements have been attached to the Community Reinvestment Fund (CRF) since 2000. Whereas financial information on all municipal revenues and expenditures, including the Community Reinvestment Fund (CRF), is already reported by municipalities to the Ministry of Municipal Affairs and Housing (MMAH) through the Financial Information Returns (FIRs), the CRF reporting process has been streamlined for 2002. The Ministry of Finance hereby sets forth the conditions that apply to the receipt of Community Reinvestment Fund allocations ('~RF Allocations") under the Local Services Realignment (LSR) initiative. Acceptance of a CRF Allocation constitutes agreement with the below-mentioned statements and terms and oondltions. The CRF Allocation consists mainly of the CRF Base, as well as the CRF Bonus, Transit Bonus and Supplementary Assistance. The CRF Base is a grant paid quarterly to eligible municipalities, as defined by the Province in its sole discretion, to offset the costs of services transferred to municipalities under the LSR initiative. CRF Base Allocations are determined by a formula that calculates the difference between net LSR costs, as defined by the Province and available residential education tax room for each municipality, as defined by the Province. The Province may make positive or negative adjustments to CRF Base Allocations resulting from the 2001 year-end CRF reconciliation which will impact the CRF Base Allocations for 2003 and subsequent years Municipal councils ultimately decide how CRF Allocations (in total) are spent and/or used for the benefit of taxpayers. In making this decision, municipal councils will be guided by their obligation to provide effective and efficient delivery of services to taxpayers. As with all budgetary decisions, municipal councils recognize that they are directly accountable to taxpayers for their use of CRF Allocations. Municipalities are required to submit to MMAH (see address below): (i) (ii) (iii) a council resolution declaring the municipality's: a) intent to use the CRF Allocations they will receive for the benefit of taxpayers; and b) acceptance of the CRF Allocations in accordance with these terms and conditions by January 11,2002; their 2001 Financial Information Returns (FIRs) in accordance with the deadline to be set by MMAH; and their 2002 tax rate by-laws by September 30, 2002. Failure to meet these deadlines may result in the withholding of CRF Allocations until these documents have been provided to the Province. Address: Ontario Ministry of Municipal Affairs and Housing c/o Municipal Finance Branch 777 Bay Street, 13~ Floor Toronto, Ontario M5G 2E5 SCHEDULE B The City of Niogoro Foils Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca F-200'1-77 Ken Burden Director December 10, 200l His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-77 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $1,297,653.83 for the period ending December 10, 2001. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: K.E. Burden Director of Finance Respectfully submitted: Edward P. Lustig Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services KEB:jd Working Together to Serve Our Community Cle/k's Finance Human Resoumes Infonmation Systems Legal Planning & Development The Cily of ~1~ Corporate Services Department Finance 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls,on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 356-2016 kburden@city.niagarafalls.on.ca F-2001-78 Kenneth E. Burden Director of Finance His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: December 10, 2001 Re: F-2001-78 - Borrowing By-Law That the City Council approve the borrowing of $23,000,000.00 for current expenditures and approve the borrowing of $18,175,000.00 for the acquisition of the CNCP Railway Corridor BACKGROUND: Borrowing for Current Expenditures The Municipal Act makes provision for the Council to authorize the Mayor and Treasurer to borrow from time to time such sums as the Council considers necessary to meet the current expenditures of the Corporation for the year. The City of Niagara Falls may be required to borrow, from time to time, a sum or sums not exceeding in the aggregate $23,000,000.00. These temporary borrowings are necessary to pay for obligations prior to the collection of taxes. Staff recommends that the Corporate Services Committee approve the borrowing of a sum or sums not exceeding in the aggregate $23,000,000.00. This amount is the limit established originally in 1993. Borrowing for Acquisition of the CNCP Railway Corridor On November 5,2001, City Council approved Report F-2001-65 and enacted two borrowing by-laws (Nos. 2001-234 and 2001-235) that specifically refer to the acquisition of the CNCP Railway Corridor. Staffhas received the information from the City's financial institution (The Bank of Nova Scotia) for the temporary borrowing. Staff advises that the borrowing by-law requires amendment to include the temporary borrowing for the railway acquisition. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development December 10, 2001 - 2 - F-2001-78 As at this date, the due diligence investigation into the railway corridor acquisition is not complete. Staff advises the temporary borrowing will only be required when the purchase/sale agreement is closed. Summary Staff has prepared the borrowing by-law in conformance with the requirements for current expenditures and for the acquisition of the CNCP Railway Corridor. This by-law is available for approval given the Council's approval of the recommendation in this report. Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: Edward P. Lustig Chief Administrative Officer The City of Niagara Falls I1~11~ Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls,on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on,ca R.O. Kallio City Solicitor L-2001-67 December 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-67, Closing and Declaring Surplus Parts of Domenic Crescent on registered Plan No. M-92 Calaguiro Estates Subdivision Our File No.: 2000-60 RECOMMENDATION: That parts of Domenic Crescent on registered Plan No. M-92 described as Parts 7, 8, 11, 31 and 32 on Reference Plan No. 59R-11579 be stopped up and closed and declared surplus. BACKGROUND: At its meeting of October 15, 2001 Council approved a resolution authorizing staff to proceed with the closing of parts of Domenic Crescent on registered Plan No. M-92. The subject parts are shown shaded on the plan attached. In accordance with the Municipal Act, notice of Council's intention to pass a by-law closing parts of the road allowance was published in the issues of the Niagara Falls Review for November 17' and 24th and December 1st and 8th, 2001. The notice states that any person who claims that his/her land will be prejudicially affected by closing the subject portions of the road allowance and who applies to be heard, will be heard by Council at this meeting. At the time of writing this report no one has applied to be heard. L-2001-67 - 2 - December 10, 2001 An offer by the abutting owner for an exchange of lands will be presented for Council's consideration in the near future. Prepar/~b~: . S.M.. Daniels, A.M.C.T. Legal Assistant/Property Manager. i~O.K~al, dby: City Solicitor. Approved by: Tony Ravenda, Executive Director of Corporate Services. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer: Working Together to Serve Our Community Cled~;'s Finance Human Resources Information Systems · Legal Planning & Development CALAGUIRO DRIVE R~ULI~Ay BLOC-~~ ~9 T3 pART pART Corporate Services Department ~he Ci~/o~ Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls .on.ca R.O. Kallio City Solicitor L-2001-71 December 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-71, Establishment of Public Highways Part 2 on 59R-9953 to be known as Willoughby Drive Part 1 on 59R-11204 to be known as Woodbine Street Part 2 on 59R-11000 to be known as McGrail Avenue Our File Nos.: 1997-231, 2000-294, 1998-160 RECOMMENDATION: 1. That the road widening, being Part 2 on Reference Plan No. 59R-9953, be established as a public highway, to be known as Willoughby Drive. 2. That the daylighting triangle, being Part 1 on Reference Plan No. 59R- 11204, be established as a public highway, to be known as Woodbine Street. 3. That the road widening, being Part 2 on Reference Plan No. 59R- 11000, be established as a public highway, to be known as McCa-ail Avenue. BACKGROUND: 1. As a condition of Land Division Committee consent, Robert Norminton and Isobel Norminton conveyed a road widening to the City. The subject land is located on the east side of Willoughby Drive and shown hatched on the plan attached. Staff is now recommending that the subject land be dedicated as a public highway to form part of Willoughby Drive. 2. Also as a condition of Land Division Committee consent, Carmine Colangelo and Martha Colangelo conveyed a daylighting triangle to the City. The subject land is located at the intersection of Woodbine Street and Baldwin Avenue. It is shown hatched on the plan attached. Staffis now recommending that the subject land be dedicated as a public highway to form part of Woodbine Street. Working Together to Serve Our Community Clerk's Finance Human Resoumes Information Systems Legal · Planning & Development L-2001-71 - 2 - December 10, 2001 3. As part of a land exchange, Lorenzo D'Amico conveyed a road widening to the City. The subject land is located on the east side of McGrail Avenue and shown hatched on the plan attached. Staffis now recommending that the subject land be dedicated as a public highway to form part of McGrail Avenue. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Rec~ by: City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. PAI~' Marshall (~) PART 1 P!~N 5gR-2225 Road Woodbine ,,.~.,%%,,,, Street . I ROTES I --,,,r-- -.-' ~ ,.r~ ,o.,,~ ., I~.~' I ~1" /~ e. f~ ) ~ ~1~-"''' I ~[ /~ k , I ~ / i , / ~ I .~ I'1 P~H o~ot 4, Plan 62 I ~ I ,~ .~'A I,r ~~' ':~ ~,-,,. I  i , v PART 1, 59R-5825 ~ ~ IIi~ I IZZL .............. : ..... ' I I ~ ~m ~ I] ~ ~' I SURVEYOR'S CERTIFICATE I ~ ~ ~ lie I ~ · ~'r~-~x~-~ I ~ '~. 9 I ~ I~aLt~~e~ ~e~ T. Rowel WALNUT STREET m PIN SCHEDULE AREA LE:OF. ND BEARING NO'IE · staxes on fils plan are i~ feet anU c~ be conv~led lo metres by mulfiplyi~g by 0.30~8 PIN 6~3&~-0050 SURVEYOR'S CERllFICATE Niagara Falls II/ Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)371-2892 E-mail: rkallio@city.niag arafalls.on .ca R.O. Kallio City Solicitor L-2001- 72 December 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-72 Interim Control By-law ]No. 2001-25 - Adult Entertainment Parlours and Body-Rub Parlours Our File No. 2001-58 RECOMMENDATION: That Interim Control By-law No. 2001-25, as amended, be further amended by deleting the reference to 8911 Lundy's Lane as a place which shall be permitted to be used as a body-mb parlour and further that Interim Control By-law No. 2001-25 be extended for a further period of one year. BACKGROUND: At its meeting of January 22, 2001, Council phssed Interim Control By-law No. 2001-25 to prohibit lands being used for Adult Entertainment Parlours and Body-Rub Parlours in the City of Niagara Falls while a planning study is undertaken in respect of land use planning policies and zoning regulations regarding body-mb parlours and adult entertainment parlours. Council made certain exemptions to this prohibition by recognizing certain locations which were in the process of obtaining a body-mb parlour owner's licence as well as the existing Adult Entertainment Parlours. }Forking Together to Serve Our CommuniO~ Clerk's Finance Human Resources · Information Systems Legal Planning & Development -2- Of the four body-rub parlour locations which were exempted fi.om the Interim Control By-law, three of those locations have now received owner's licences. The applicant for the fourth body-rub parlour owner's licence failed to produce proof of ownership at that location and as a result, Council, at its meeting of December 3, 2001, directed that the application for an owner's licence for 8911 Lundy's Lane not be proceeded with as there was a failure to comply with the provisions of the Body-Rub Parlour By-law. Attached to this report is a report fi.om Mr. David Butler, the Planning Consultant retained by the City to study to the issue of body-mb parlours and adult entertainment parlours within the City of Niagara Falls. Mr. Butler has advised us that that area of Lundy's Lane is well served with adult entertainment facilities and as his study has not yet been completed, it would appear that there is no planning reason to continue exempting 8911 Lundy's Lane until the said study is completed. As the City has retained Butler Consultants to do the study on behalf of the City and the study will not be completed within the year, more time will be required. We are therefore recommending that Interim Control By-law No. 2001-25 be amended to delete the exemption to 8911 Lundy's Lane and to permit our Planning Consultant the greatest latitude in studying the issue of land use planning policies for body-rub parlours and adult entertainment parlours in the City of Niagara Falls. As well, the Interim Control By-law will expire on January 22, 2002. We are recommending that the by-law be extended for another year, effective January 22, 2002. Recommended by: ~lLe~t fully Submitted: Edward P. Lustig, Chief Administrative Offic~. Approved by: T. Ravenda, Executive Director of Corporate Services ROK:mm THE BUll. ER GROUP CONSULTAI¢I'$ INC. Land Planning Services December 4, 2(X)l Mr. R. O. Kallio City Solicitor City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, Ontario 1.2F 6X5 Re: Application for a Body-Rub Parlour Owner's Licence (M. Kovinic} Dear Mr. Kallio: We have been retained by the City of Niagara Falls to conduct a land use study with respect to adult entertainment and body rub parlours. In May 2001, our firm produced a relx~rt which among other matter;; provided a number of strategic options for Council consideration. This report was the subject of a public meeting on July 16, 2001. We are currently conducting additional research as part of Phase 2 of this study. It is expected that Council will consider our recommendations some time in early 2002. It is our understanding that three body-rub licenses have been issued by the City on propertie~ in close proximity to each other at the west end of Lundy's 12(~e. Two large scale adult entertainment facilities are also situated in this specific area. We have reviewed the application by Ms. Kovinic understand that it does not comply with ,Section 11 (1)b of By-Law 99-164. Given the fact that our study has not been completed, and that the I,undy's l,ane area is currently well-served with adult entertainment facilities, it would appear that there is no planning reason to support the M. Kovinic application on the propomd site. We would be pleased to answer any questions with respect to this matter. Yours very truly TIt E BUTLER GROUP (CONSULTANTS) INC., David A. Butler, MCII', RPP l'residen t 11 Hazelton Avenue, Suite 300 loronto, Ontario M5R 2E1 416.926.8796 Fax 416.926.0045 E-mail dabC-abuUerconsultan ts.corn Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city,niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)371-2892 E-mail: rkallio@city.niagarafalls.on.ca R,O. Kalllo City Solicitor L-200t- 73 December 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-73 Council Procedures Our File No. 1992-152 RECOMMENDATION: That the recommendations set out in Schedule "A" attached, be adopted. BACKGROUND: Further to the oral report by the Acting City Clerk on November 19, 2001 regarding the noting of conflicts and voting at committees, this report will set out what was discussed on November 19th, 2001 and further expand on Council procedure and policy. If a member votes on a matter in committee, that vote will not be carded forward at the Council meeting. Example: If Alderman X votes against an item in committee, Alderman X would have to rise, in open Council, and show himself/herself opposed to that item that is being ratified from the committee meeting. Failure to do so would show Alderman X in support of the item at Council. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development -2- Likewise with declarations of conflicts-of-interest. Although an Alderman may have declared a conflict in committee, that Alderman would have to make the same declaration at Council. A number of municipalities pass confirming or confirmatory by-laws at the end of each Council meeting to ensure that any matter that may be required to be passed by by-law would be so passed upon the passing of a confirmatory by-law. If Council adopts the recommendation in Schedule "A", then all regular meetings of Council will conclude with the passage of a confirmatory by-law. The confirmatory by-law appears at the end of the by-laws in the agenda. As well, the confirmatory by-law also provides for the execution of various contracts, which would eliminate the need for numerous execution by-laws. Certain specific by-laws such as zoning amendment by-laws, parking and traffic by-laws and by-laws for the purchase or sale of land would still be passed as well as any other specific by-law directed by Council to be specifically passed. Section 55 of the MunicipalAct provides that all meetings shall be open to the public [55(3)1 unless the subject matter being considered falls within one of the following exceptions [55(5)1, in which case the meeting may be closed to the public: (a) CO) (c) (d) (e) (f) (g) the security of the property of the municipality; personal matters about an identifiable individual, including employees; a proposed or pending acquisition of land for municipal purposes; labour relations or employee negotiations; litigation or potential litigation; the receiving of legal advice; if another Act authorizes an in camera meeting. The Municipal Act further requires that before Council holds a meeting that is to be closed to the public, the Council shall state by resolution: (a) Co) the fact of the holding of the closed meeting; and the general nature of the matter to be considered at the closed meeting4~5(7)l It is recommended that prior to the start of every Committee-of-the-Whole meeting or any part of a Committee meeting where it is proposed to go in camera, the Chair should call for a motion to hold an in camera meeting and to state briefly what will be considered in the in camera meeting, e.g. -3- property matter, personnel matter, litigation etc, By-law No, 89-155, as amended, being the Standing Rules of Council should be amended to reflect these changes. ed by: City Solicitor. Resp~tfully Submitted: Edward P. Lustig, ~/ Chief Administrative Officer. Approved by: T. Ravenda, Executive Director of Corporate Services ROK:mm -4- SCHEDULE A That the form of the confirmatory by-law attached hereto as Schedule B be placed at the end of the agenda of all regular Council meetings, and as may be required in any special Council meeting, and passed after the passage of all other by-laws and after all other actions and proceedings have been taken by Council and By-law No. 89-155, as amended, being the Standing Rules of Council, be so amended. At the start of every in camera meeting of Council or a committee of Council, there shall be a motion to hold an in camera meeting and to state the general nature of the matter(s) to be considered in the in camera meeting and By-law No. 89-155, as amended, be so amended. -5- SCHEDULE B CITY OF NIAGARA FALLS By-law No. 2001 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the of ,200. day WHEREAS it is deemed desirable and expedient that the actions and proceedings Council as herein set forth be adopted, ratified and con finned by by-law. NOW THEREFORE the Council of the Corporation of the City of Niagara Falls enacts as follows: (i) The actions of the Council at its meeting held on the day of ,200 , 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, expect for 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. 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, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents 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 day of ,2001 R.O. KALLIO, ACTING CITY CLERK First Reading: Second Reading: Third Reading: ,2001. ,2001. ,2001. WAYNE THOMSON, MAYOR Niagard Falls ~l~,,~l~ Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-maih ppingue@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-74 December I0, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-74 City of Niagara Falls v. Richard Austin 6954 Lundy's Lane, "Alpha Care" Body-rub Parlour Enforcement Update RECOMMENDATION: For the information of Council. BACKGROUND: On December 5, 2001, a Trial was held at the Provincial Offences Court in Niagara Falls. The accused was Richard Austin, who was charged with being the owner of a body-mb parlour without a licence to do so, contrary to the City's Body-mb Parlour Licensine By-law. Mr. Austin was found guilty of the offence with which he was charged, and the Justice of Peace imposed a fine of $2,500.00, plus applicable surcharge. As the business (Alpha Care) has been closed since August 2001, a closure order pursuant to s.330 of the MunicipalAct was not necessary. A closure order may be sought if the body-mb parlour operation re-opens. Mr. Austin pleaded guilty to a second charge of causing or permitting a body-mb parlour use within 100 metres of a residential zone, for which he was fined $100.00. This is the second conviction under the City's Body-mb Parlour Licensing By-law, and the first against an "owner". This conviction stemmed from an undercover investigation by members of the Niagara Regional Police Service on August 1, 2001. Working Together to Serve Our Community Clerk's · Finance Human Resources Information Systems · Legal Planning & Development Assistant City Solicitor. Recommended by: R.O. Kallio, City Solicitor. Approved by: T. Ravenda, Executive Director of Corporate Services. PP:jm -2- Respectfully Submitted: Edward P. Lustig, , Chief Administrative Officer. The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman December 10, 2001 WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended use of the CRF allocation is for the benefit of property taxpayers; and, WHEREAS the Council of the municipality of Niagara Falls does recognize that they are directly accountable to property taxpayers for their use of the CRF allocation; and, NOW, THEREFORE, let it be resolved that the municipality of Niagara Falls intends to use the 2002 CRF allocation for the benefit of property taxpayers; and, FURTHERMORE, THAT the municipality of Niagara Falls does accept the 2002 CRF allocation in accordance with the statements, terms and conditions required by the Ministry of Municipal Affairs and Housing. AND the Seal of the Corporation be hereto affixed. R.O. KALLIO WAYNE THOMSON ACTING CITY CLERK MAYOR