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2012/06/12Niag araa11s COUNCIL MEETING June 12, 2012 PRAYER: Councillor Mayes ADOPTION OF MINUTES: Council Minutes of May 29, 2012 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS/ DEPUTATIONS Mayor's Youth Advisory Committee Co- Chairs, Connor Bitter and Andrea Wursterwill outline to Council the Committee's activities over the school year. The Big Move Cancer Ride Sandra Sabo, Chief Operating Officer and Norm Cavasin, Big Move Cancer Ride Hero will outline their event to Council. PLANNING MATTERS Public Meeting AM- 2012 -004, Zoning By -law Amendment Application 5056 Montrose Road Applicant: Angelo Marino Agent: Michael Allen, Allen & Chui Architects Retail (Convenience) Store Background Material: Recommendation Report: PD- 2012 -33 - 2 - DEVELOPMENT CHARGES MATTERS MW- 2012 -29 - Peer Review of Development Charges Background Study and Policies Craig Binning, from Hemson Consulting will make a presentation to Council. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Director of Transportation Services - recommending that the proposed 2012 fare adjustments, approved as per TS- 2011 -18, be deferred until such time as the route enhancements are programmed into the budget cycle. RECOMMENDATION: For the approval of Council. 2. Serbian Club - requesting that July 10th be proclaimed as "Nikola Tesla Day" in the City of Niagara Falls. RECOMMENDATION: For the approval of Council. 3. Royal Canadian Legion Branch 51 - requesting a grant equal to the costs associated with the road closure for the annual 40 & 8 Pilgrimage. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2012 -28 - Low - Income Seniors' Water and Property Tax Rebate F- 2012 -29 - 2011 Sleep Cheap Event MW- 2012 -11 - Sewer Lateral Maintenance Services, Customer Service Improvements PD- 2012 -32 - PLC - 2012 -002, Request for Removal of Part Lot Control, Lots 2,4,8,9,12,13,16,18,27,28,29 and Block 37, Plan 59M -340. garner Village Subdivision, Owner: Mountainview Homes PD- 2012 -34 - Telecommunication Facility Consultation, 7089 Rexinger Road. Summit Telecom Services on behalf of Turris Sites Inc. For Wind Mobile. PD- 2012 -35 - Matters Arising from Municipal Heritage Committee 2012 Designated Property Grant Applications. R &C- 2012 -10 - Arts & Culture Wall of Fame Induction Criteria R &C- 2012 -16 - Clarkson Cup TS- 2012 -26 - Hamilton Street at Sixth Avenue - Intersection Control Review PROPERTY MATTERS Mayor Diodati will request whether there is anyone present that has an interest respecting the property matter. 2012 -40 A by -law to execute a lease between the Corporation of the City of Niagara Falls and Marineland of Canada Inc. for the specified area. (HANDOUT) -4- BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -41 A by -law to designate Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 of Registered Plan 59M -340, not be subject to part-lot control. (PLC- 2012 -002) 2012 -42 A by -law to amend By -law No. 2005 -198, which amended By -law No. 79 -200, to permit a larger multi - purpose building within the first phase of a resort commercial development and to adjust the landscaping and holding regulations. 2012 -43 A by -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2012 -44 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted 2012 -45 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12' day of June, 2012. NEW BUSINESS Page 1 of 1 Teresa Fabbro - Request to present at June 12th City Council Meeting From: "Day,Courtney" < Courtney .Dayraniagarahealth.on.ca> To: "'diorfida� niagarafalls.ca'" <diorfidarcki niagarafalls.ca> Date: 5/22/2012 3:08 PM Subject: Request to present at June 12th City Council Meeting CC: "Sabo,Sandra" < Sandra. Sabo(a?niagarahealth.on.ca >, "'tfabbronniagarafalls.ca'" <tfabbro!kniagarafalls.ca> Attachments: BM - City of Niagara Falls.pdf On behalf of Sandra Sabo: Good Afternoon Dean, Please find attached a letter requesting the opportunity for The Big Move Cancer Ride Committee to speak to at your June 12th City Council Meeting. This will allow our committee the opportunity to inform the council of the many exciting ways they can become involved in this great cause. Whether they participate as a rider, volunteer, or sponsor a friend, members of the city council can play an important role in cancer care for the Niagara region. Thank you for your time and consideration. Sincerely, Courtney Courtney Day Development Coordinator SCGH Foundation Phone: 905- 323 -FUND (3863) Fax: 905 - 684 -3226 Your support puts essential equipment in the hands of our medical professionals. Please give generously at www.scqhfoundation.com Become our Friend on Facebook: http: / /www.facebook.com /pages /St- Catharines - General- Hospital- Foundation /452369420544 The Big Move Cancer Ride will take place Sunday, September 9, 2012 - Register TODAY! www.bigmovecancerride.com Confidentiality Notice: This e -mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e -mail and destroy all copies of the original message. file: / /C: \Documents and Settings \tn206 \Local Settings\ Temp \XPgrpwise \4FBBABD3Domai... 6/6/2012 The Big Move May 22, 2012 Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario 1.2E 6X5 Dear Mr. Iorfida, Sunday, September 9, 2012 In support of the Walker Family Cancer Centre 01V Tern,' For three years cancer fighters, warriors and survivors have been honoured at the .Annual Big Move Cancer Ride with hundreds of cyclists, volunteers and sponsors rallying together to raise money for the regional Walker Family Cancer Centre. The Big Move Cancer Ride is a non - competitive ride, taking place on Sunday, September 9th, 2012, throughout Niagara Region that includes a 50K, 100K and 100 Mile Century Challenge starting and ending in St. Catharines. Since 2009, the Big Move Cancer Ride has raised a grand total of 51.18 million after expenses for the Walker Family Cancer Centre. These funds will be directed toward the purchase of equipment essentials in radiation therapy for the regional Cancer Centre. The Big Move Ride Committee is respectfully asking for the opportunity to speak at your June 12th City Council Meeting at the top of the agenda to present on the 4th Annual Big Move Cancer Ride. This will allow our committee the opportunity to inform the council of the many- exciting ways they can become involved in this great cause. Whether they participate as a rider, volunteer, or sponsor a friend, members of the city council can play an important role in cancer care for the Niagara region. We are truly grateful for your continued support of the Big Move Cancer Ride. Information can be found online at T'<'crr.,'."� ::" or by contacting the SCGI -I Foundation Office at 905 - 323- FCND(3863). Sincerely, Sandra Sabo Chief Operating Officer SCGH Foundation Organizing Committee: St. Catharines General Hospital Foundation, 142 Queenston Street, St Catharines, ON L2R 7C6 Ph. 905- 323 -FUND ( 3863) Charitable Reg. No. #11925 7509 RR0001 Details available online at www.bigmovecancerride.com Niagaraplls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -33 June 12, 2012 SUBJECT: PD- 2012 -33 AM- 2012 -004, Zoning By -law Amendment Application 5056 Montrose Road Applicant: Angelo Marino Agent: Michael Allen, Allen & Chui Architects Retail (Convenience) Store RECOMMENDATION That Council approve the Zoning By -law amendment application to permit a convenience store on the property on a permanent basis. EXECUTIVE SUMMARY The applicant has requested a zoning amendmentto permanently add a convenience store to the list of uses permitted on the property. The use has been permitted through temporary use by -laws since 2006 which expired in April. The amendment can be supported because: the Official Plan permits ancillary uses, such as convenience stores, in Industrial designated areas to serve industries and their personnel; and the convenience store has existed for six years without a negative impact on the planned neighbourhood commercial facilities on the opposite side of Montrose Road. BACKGROUND Proposal A Zoning By -law amendment is requested for a 1,395 square metre (0.34 acre) parcel of land known as 5056 Montrose Road (see Schedule 1). A convenience store has been permitted on the property for six years through two temporary use by -laws. The amendment is requested to permit a convenience store on a permanent basis. Schedule 2 shows details of the property. The land is currently zoned Light Industrial (LI -771) with site specific provisions that permit the two residential dwelling units on the second floor of the existing building in addition to the standard LI uses. Temporary zoning (LI -859) that allowed a convenience store for a second three year term expired on April 19, 2012. The applicant is requesting a new site June 12, 2012 - 2 - PD- 2012 -33 specific LI zone for the property that will add a convenience store to the list of uses permitted on the property and carry forward the existing site specific regulations that allow dwelling units and the existing site conditions (lot area and frontage, landscaped open space, the side yard setbacks of the building and the rear yard setback of an accessory shed). Site Conditions and Surrounding Land Uses A convenience store exists on the ground floor of the building on the property and two dwelling units exist on the second floor. Parking areas are located at the front and rear of the property. The lands to the north, east and south are used mainly for industrial purposes and include the Regional Recycling Centre. Some remnant residential uses mixed in with small scale industrial operations are located immediately to the south. A partially developed neighbourhood commercial plaza is located on the west side of Montrose Road across from the site. A 1,582 square metre (17,036 square foot) Shopper's Drug Mart store exists on the property. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara - No objections. The amendment meets the intent of Provincial and Regional policy direction for employment lands. There is a secondary access from the rear of the property onto the driveway to the Regional Recycling Centre. The applicant will be required to enter into an agreement with the Region as appropriate to permit this access. • Municipal Works, Parks and Recreation, Transportation Services, Legal Services, Fire Services, Building Services, Niagara Falls Transit No objections. Neighbourhood Open House A neighbourhood open house was held on May 9, 2012. No neighbours attended to hear about the proposal or to ask questions. ANALYSIS 1. Official Plan The land is designated Industrial in the Official Plan. While industry is intended to be the predominant land use under this designation, a variety of ancillary uses, including convenience stores, can be considered where they are incidental to and June 12, 2012 - 3 - PD- 2012 -33 would primarily serve the industrial district. Such retail outlets are not to serve a significant commercial function nor compete with planned commercial facilities. The convenience store was permitted by by -laws passed under the Temporary Use policies of the Official Plan. This approach provided convenience commercial facilities to the surrounding industrial area pending completion of the neighbourhood plaza across the street and allowed for time to see if it had an impact on the neighbourhood plaza's development. Given the small scale of the convenience store (140 square metres or 1500 square feet), it is not expected to compete with planned commercial facilities. The first phase of the neighbourhood commercial development across the street (a 1,582 square metre or 17,036 square foot Shoppers Drug Mart store) has been built and has been operating for several years without any apparent impact from the subject store. At build -out, this plaza is intended to serve the market west of Montrose Road. Whereas the convenience store will provide a lesser selection of goods well within the area. It is not expected the convenience store will impact the planned commercial plaza. The convenience store is easily accessed from surrounding industrial properties by their employees. The commercial use with the two upper floor residential units on a permanent basis does not present compatibility issues with surrounding industrial and residential properties. There is sufficient parking for all the uses on the property. Based on the foregoing, the proposal can satisfy the intent of the Official Plan. 2. Zoning By -law The existing site specific LI -771 zoning of the property is proposed to be replaced by a new site specific LI zone. The new zoning would add a convenience store as a permitted use. To ensure the retail store does not impact on planned commercial facilities in the City it should be limited in size to140 square metres (1500 square feet). The applicant has also requested site specific modifications to the LI regulations to recognize the lot configuration, site conditions and the location of the building on the lot. These include reductions in the required lot area (from 2000 square metres to 1300 square metres), required lot frontage (from 30 metres to 21 metres) and rear yard depth for an accessory garage (from 7.5 metres to 1.8 metres). The applicant also wishes to retain the zoning regulations introduced under By -law No. 2007 -60 which permitted two second floor dwelling units and a side yard width of 3.3 metres, eliminated the requirement of front yard landscaping and requires 20% of the lot to be landscaped. The requests recognize existing situations and site specific zoning regulations that are acceptable. CITY'S STRATEGIC COMMITMENT The proposal conforms to the City's Official Plan in terms of ancillary uses in industrial areas. June 12, 2012 - 4 - LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan Recommended by: Respectfully submitted: PD- 2012 -33 Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer A. Bryce: m b Attach. S: \PDR\2012 \PD- 2012 -33, AM- 2012 -004, 5056 Montrose Rd, Angelo Marino.wpd June 12, 2012 - 5 - SCHEDULE 1 PD- 2012 -33 AM -2012 -004 Angelo Marino 5056 Montrose Road Amending Zoning By -law No. 79 -200 Location Map 11176 Subjee! Lan May 2012 SODDED AREA G 1w� III: '4E11 1 1 -r to j EXISTING GRAVEL PARKING AREA -4' tltlr wit A 1 Q er.r [xw FLDADiNG SPACE L19m X 3m)` rl�r�rra 11 POPOseD Er/AR Sf AUB3 EXUSTP ASPMAI.T t fit mr.rW _!G N[p.VMY qY a.AW 01-aw. MONTROSE RD MI r i SITE PLAN MW- 2012 -29 Niagaraj7alls June 12, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -29 Peer Review of Development Charges Background Study and Policies RECOMMENDATION That Council direct staff to incorporate the findings and recommendations of the Peer Review of Development Charges Background Study and Policies (May 2012) in the next update of the City's Development Charges By -Law. EXECUTIVE SUMMARY The City's Development Charge By -Law (No. 2009 -120) was approved by Council in July of 2009 and has a term of five years. Despite slow but steady growth in the residential sector the current economic conditions have made it difficult to plan the funding and construction of infrastructure needed to support new development over the next 10 years. The rates established under the current by -law were significantly discounted due to concerns that high Development Charges would be an impediment to growth. At its inaugural meeting in January of 2011, City Council adopted new Strategic Priorities which included a stronger commitment to Infrastructure Sustainability and Financial Stability. Development Charges contribute significantly to the City's non -tax revenues. Discounting Development Charge rates shifted the financial responsibility and risk onto the shoulders of the existing tax base which is also feeling the strain of a struggling economy. It has become clear that the current approach to the allocation of financial responsibility for new capital investments is needed. Staff has engaged the services of Hemson Consulting Ltd. to conduct an independent review of the City's policies and by -law which will be used to address gaps, weaknesses and erroneous assumptions in the current model. In short, the Peer Review is intended to provide some guidance as to how the City can better optimize its entitlement to Development Charge fees and comparing appropriate best practices used by other similar jurisdictions. The purpose of this report is to share the findings and recommendations identified in the Peer Review and to seek Council's direction to incorporate them into the next update of the City Development Charges Background Study scheduled to commence later this year. June 12, 2012 - 2 - MW- 2012 -29 BACKGROUND On July 20t ", 2009 the City of Niagara Falls Council passed By -Law No. 2009 -120 establishing the Development Charge rates and administrative procedures under the authority of the Development Charges Act, 1997. The By -Law was not appealed to the Ontario Municipal Board and there are no outstanding legal issues however the recent economic conditions and changes in political philosophy with respect to risk aversion have necessitated an objective and independent review of the City's current policy. The City of Niagara Falls has experienced moderate growth in the residential sector over the past decade relative to other municipalities in the Niagara Region. Development activity has been fuelled by a number of different drivers but is largely supported by the Tourism industry. The current economic conditions have forced the City to modify its aggressive Capital investment schedule and has become more selective with the timing in infrastructure projects that are related to and funded from growth. ANALYSIS /RATIONALE The Peer Review identifies the following key recommendations; • Hold a Development Charges Workshop with City Council, Develop more comprehensive Local Service Policies, Monitor the Niagara Region's Development Charges By -law and policies, Initiate a new DC Background study in late 2012- early 2013, Calculate the maximum allowable DC rates permitted under the legislation, Integrate Master Servicing Plans into the DC Capital plan, Restructure the By -Law including definitions, policies and schedules. FINANCIAL /STAFFING /LEGAL IMPLICATIONS None at this time. Although the current by -law does not expire until July 20, 2014 it would be prudent to advance the preparation of the Background Study this year to allow time to engage the development community and, if possible, resolve any disputes that might lead to a referral to the Ontario Municipal Board. The costs associated with the preparation of this Peer Review and the required Background study are funded in full from the Development Charges Reserve (Administrative Studies). CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to achieve Infrastructure Sustainability and Financial Stability. LIST OF ATTACHMENTS 1. Peer Review - Executive Summary 2. Presentation Slides June 12, 2012 Recommended by: Respectfully submitted: Geoff Holman - 3 - MW- 2012 -29 Geoff Holman DireVor of Municipal Works Ken To d, Chief Administrative Officer EXECUTIVE SUMMARY A peer review of the City of Niagara Falls 2009 Development Charges (DC) Background Study and related by -law was undertaken. The following are key recommendations to the City arising from the peer review: • Hold a DC Council workshop focusing on the development charges legislation and the funding of capital infrastructure; • Have senior staff develop a comprehensive local service policy document, prior to the next update to the DC by -law; • Closely monitor the Region of Niagara's DC by -law review process; • Consider a start date for updating the DC by -law in late 2012 or early 2013; and • Consider the following in the next DC Study update: • Calculate maximum allowable DC rates under the DC legislation; • Integrate master servicing plans with the DC capital program; and • Re- structure the DC By -law, including revised definitions, policies, and schedules. The current City of Niagara Falls DC by -law, By -law 2009 -120, was last updated in July 2009. Since that time, the City has been experiencing fiscal challenges in its ability to fund growth - related capital works. As a result, the City issued an RFP for a Peer Review of its DC Background Study and policies. The rationale behind the RFP was to undertake a best practices review of DC policies of surrounding and similar (demographically) municipalities. One objective of the peer review was for City staff to determine whether or not the City should go forward with an amendment to its by -law in advance of the expiration date of the current DC by -law (July 2014). Ultimately, if the City were to not proceed with an advancement of an update to its current DC by -law, then the recommendations in this peer review could be incorporated at a later point. 2 The peer review is structured in four parts as follows: • Review of the City's 2009 DC Background Study; • Review of local service definitions and policies; • Best practices survey; and • Other policy recommendations and findings. The following provides a summary of the peer review findings. A. SUMMARY OF FINDINGS AND RECOMMENDATIONS 1. Review of City's 2009 DC Background Study • A review of the service level calculations revealed that the inventories of capital assets could be more comprehensive and transparent. • The value of land has been included in the overall cost of the buildings; however, a generic calculation for the cost of land has been used throughout the Study. For a more accurate valuation of land, each land parcel should be measured. • Some assets have been omitted from the historic service level analysis such as bus shelters, bus stop signs, and fixtures, furniture and small equipment tools in public works. It is also unclear if parkland buildings have been included in the parks and recreation inventory as a blended value for the buildings has been used. • It is recommended that the City include all possible capital assets in historic service level analysis in the next DC Study. its • The "benefit to existing" shares (deduction to the capital program) have, in some cases, reduced the DC- eligible shares by large amounts. In the example of outdoor parks, a 50% deduction has been made to improvements to City -wide parks and other facilities outside the growth areas. Also, a nominal 5% deduction has been made to all other capital projects. This provides for a more conservative approach to the rate calculation and reduces the amount eligible for DC recovery. HEMSON 3 • It is recommended that the benefit to existing shares be closely examined in the next DC Study. • The allocation of DC- eligible costs is 60% to the residential sector, and 40% to the non - residential sector. This allocation uses shares of net population and employment growth. The use of net population shifts the recovery of costs more towards the non - residential sector. In addition, a 5% allocation to the non - residential sector for parks and recreation and library has been made, which shifts more of the recovery to the non - residential sector. • It is recommended that the residential allocation use the "gross population" figures (the figure used for the actual rate calculation) rather than "net population" in the next DC Study. • There are no adjustments made to the calculation charges to account for the timing of the capital costs, and the timing of the receipt of DC revenues. Essentially, the cash flow analysis provides for the financing costs associated with the borrowing of funds. • It is recommended that the City consider a cash flow analysis in the next DC Study. 2. Local Service Definitions and Policies • The importance of local service definitions is to determine the eligible capital costs for inclusion in the DC calculation. Those services deemed "local services" are not to be included in the DC calculation, and are considered to be a direct developer responsibility under s.59 of the Development Charges Act. • The City currently has local service definitions for parkland development, roads and related, water, wastewater, and stormwater services. • A best practices review reveals that many municipalities have developed more comprehensive local service definitions. This provides greater transparency and consistency in determining the funding sources and shares of projects that are required for a specific area to be developed. Many municipalities have enhanced their local service definition therefore making it fundable as a direct contribution. HEMSON 4 • It is recommended that: • Local service definitions be developed before the next DC Study update; • The City consider refining definitions to maximize the recovery through subdivision agreements; • The City ensure projects that have a DC- recoverable share be included in the DC Background Study; and • Agreements that include provision for DC credits address timing of credits, indexing, interest, maximum, etc. 3. Best Practices Survey The best practices survey included 12 municipalities, six of which are within the Region of Niagara (including the Region itself), and the remaining six are similar - sized municipalities. • The City currently exempts affordable housing from paying DCs. Five of the 12 surveyed municipalities also provide for this exemption in their By- laws. It is recommended that the City adopt the Region's definition of affordable housing and amend its policies to align with the Region. This will provide ease of administration and increased transparency with the development industry. • Granny flats are currently exempt from DCs in the City's by -law. Two of the 12 surveyed municipalities offer this exemption (the City and the Region). Although this exemption is in limited use across the Province, there is merit in maintaining a policy on the treatment of granny flats that is consistent with that of the Region. It is recommended that the City continue with its current policy given that the Region's current practice will also remain unchanged. • The City's definitions of residential and dwelling units are fairly standard with the municipal comparators. There is no reason for the City to change the current residential use definitions as long as the various types of alternative residential buildings are being treated in the way the City intends. HEMSON 5 • The residential unit breakdown is also fairly standard within the best practices review. It is recommended that the City continue to group its residential dwelling units in the current manner. The City may wish to differentiate large and small apartments if this is the predominant unit type on a going- forward basis. • The City's by -law includes a list of specific non - residential uses in which only those uses can be levied DCs. It is recommended that the City change the definition of non - residential use to be consistent with other surveyed municipalities, and move away from its current practice. • The City currently levies one uniform non- residential charge, which includes retail, institutional and office development. The City may wish to differentiate the non - residential charge for industrial uses, which is currently exempt. • The City's definition of gross floor area includes above- and below -grade floor space. The City may wish to review whether or not certain non - useable floor space should be excluded from the GFA calculation. • Provisions in the City's DC By -laws allow for the collection of urban services DCs on the date the servicing agreement is executed. It is recommended that the City continue this practice as it eases the financial burden of funding large capital projects. • The City currently indexes the DCs annually on August 1. For ease of administration, it is recommended that the indexing date be aligned with that of the Region which is September 1. The City may also wish to include a provision that allows Council to waive the index during years when it is deemed inappropriate to index the charges. • It is noted that nine out of the 12 municipalities offer some form of geographically based exemptions (i.e. downtown core or community improvement area). Agricultural uses, places of worship and brownfield exemptions are also common. It is recommended that if the City wishes to choose to continue with exempting uses from paying DCs that Council be made aware of the revenue loss associated with such exemptions. HEMSON 6 4. Other Policy Recommendations and Findings • The City may wish to consider imposing geographically delineated DC rates ( i.e. greenfield vs. built boundary). Should the City wish to choose this route, it is recommended that Master Servicing Plans be undertaken the year before the DC Study is updated, so that it is clear which areas of the City benefit from what type of engineering infrastructure. • The Region of Niagara is currently updating its DC By -law and is considering: • Uniform Region -wide charges for water and wastewater vs. area - specific charges; and • New, use - specific charges vs. the traditional approach. • The Region is also considering up to 18 changes to its DC policies and definitions. • It is recommended that the City closely monitor the Region's by -law review process. The proposed timeline if for a public meeting of Council in late April, with Council adoption of the DC by -law in May or June. • It is also a general recommendation of this peer review that the City consider restructuring the format of its DC By -law. No other surveyed municipality has its DC by -law truncated into separate "parts ". This creates duplication of policies, and, for example, multiple parts which contain definitions. It is recommended that the City consider a more consolidated version of a DC by -law. HEMSON cv v 0 0 J • -0 0 o, 0 I) w s)‘ % .-4=- •`" tr) s O ))0 - ° "0 0 .C5 .9 Arp t ° at)f) o on -1%., 0 - o '9 0 (f) • c 0 0 -o 0 0 p 0 0 04 r). c c ''' (f) 0 *. :=0_ a) -. Q 0 0 o V) a" • • ‘9, -5 ',/), 0 cr. `16") =,- `vtk . • -0. 06 vl 0 o� .g. -0 '6:5 7 O 7 0 Z A a 6 0 A-- E O 0 -0 C4 O 3- .C5' ce 0 0 06 -b ,, b E ‘-6 04 WA- 'tt) -L8 3 91 '- Z;$ ° G) -4r;) 0 oZo o(-47).. ,--. -0 0 ---- 04 (f) t5) \ i ■ tz c. \ \ 0 0 • • DCs Don't Fully Fund Growth • Statutory Limitations: - Ineligible services 10% service discounts - Intensification examples - Historic service level limitations City DC Exemptions & Discounts: - Affordable housing - Brownfield redevelopment - Downtown Community Improvement Project Area HEMSON IA1 33 o 0 ac s-.- -... 3. o a 0- '5 D 0 0 0 4-6%.6, c D 0 D. \yam r a,,,,, - V/ ^i (�1 � I c. V + 0 ..k.... Q Aq (E) %Pe5 A-- 0 AS pG a) c 0- v '3 o 0 a) u- .5 0 0 p SLO a a- .`/)) S 451 1-3 13c tr) "f1:1 0 5 A--•a ob.5 (f) 0 (3 D. ‘6, • • • �r� Contents of Peer Review • The peer review includes: - A technical review of the 2009 DC Background Study, and identification of areas where the DCs can be maximized - A review of the City's current local service definitions, best practices, and recommendations - A best practices survey of 12 municipalities dealing with DC policies, practices, and definitions - Other policy recommendations and findings HEMSON 6 t,r W yi .0 • ti iii o c O 0 9. -0 ; .= S 0 b W 3 .,. , 0Q Aa. ; o f..)_/ 0 vc.'°(f6 (E)tt o.-- 046 'Os 1. -03- .A-.-- (- c E tfl --o *0 *. 0 0 C) q) 0 v 3 c) c c '74. o o �g :6 N t j r 1 V o .. 0 0 `„J pin oa o ° 0 . � i � % -tom' t Z)-(b. — o 3 0 .9 E a) a) E ON cn� a) 0 0") . • • AFD c 0-0 vi o (j 7- •�• 0O I � �, � o o 0 � o v 0.) o� -�-- 0 070 utp c!; ' 7 ""ca -o (v CU 7< tU TI0G) Q) 0 o) o o % o 44-6 • -0 L6) .96 o? 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(°/).) t -0 p --; 7 - 0 0 V D. -0 0 o -7- .0 3 r> (f) -- n a fp-) 0 0 c 0 0 - a C -0 -91 " Ae, .3 .9_ -0 a a) cJ 5 •0 41) "a .7.- a6 0- 0 z (1) p ° o- G) 1 o \ 04 v 00- '00 • • • o) "t5 ._0.--. *o- 0 i '5 0 -4- Q -. to c 0 2 a 30 .0 s E--a �' a ■0: • 0 0 ..71,*: S C'-"C5 C - 4(7) -k tr) Ar' (1) Z\--) * r.) 0 0 0 0 .,r 4rA '5 D E. 02 b.) ‘-' 0 0 `45 la a 0 .C.- a 0 A 0 S - cv a) c- ._-- b (8 .--. 4= 0 o 0 c-,4 '; 0 0 c �.8 b o ---6 0 0 -ka.- 70 0 (a S ..-- .-- 0 3, ,, 0 0 T) 0 CJ a a) Q • 4) 3 -D 13 a %(■••15 .4-• o. • • • City of Niagara Falls Transportation Services Inter - Department Memorandum TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario FROM: Karl Dren Director of Transportation Services DATE: June 12, 2012 RE: 2012 Transit Fare Adjustment Deferral Request Council may recall that at it's April 4, 2011 meeting, Council approved Report TS- 2011 -18 `Transit Fare Increase Proposal' which outlined Transit Fare adjustments through to 2015. This report outlined a proposal to adjust the transit cash fares, monthly and 10 ride passes over a five -year period. On July 1, 2011, the first rate adjustment was introduced and is scheduled to be adjusted July 1St each year thereafter until 2015. The fare adjustment plan was developed to help offset the costs, which would be incurred, through the implementation of the Strategic Business Plan, prepared by the IBI Group. This plan was further enhanced and updated by the Transit Routing Ad Hoc Advisory Committee, Chaired by Councillor loannoni. Since the route enhancements are not scheduled to begin in 2012, Staff is recommending that the fare adjustments be deferred until the such time as the route enhancements are programed into the budget cycle. A revised Transit Service Level Implementation Plan will be presented to Council in September 2012 and the fare increase matter may be further discussed to determine the best manner to introduce fare adjustments. C. \Documents and Settings \di202 \Local Settings \Temp\XPgrpwise \Transit Fare Adjustment Deferral Memo wpd Niagara Falls...a great city...for generations to come? Parting Control • Parking Operations • Traffic Operations • Transit Services • Transportation Planning (6/7/2012) Dean lorfida - Re: Nikola Tesla Day From: Dean Iorfida To: Jim Diodati; Nemanja.Jevremovic @I- 3com.com; srpskaskola @cogeco.ca CC: Kristine Elia Date: 5/22/2012 10:40 AM Subject: Re: Nikola Tesla Day Thank you for the reminder, as requested in emails last summer. We will have this request on the June 12th Council agenda. Regards Dean »> "info' sr-pskikiubnikolatesla.ca" <info@srpskiklubnikolatesia.ca> 8/7/2011 8:05 PM »> Dear Mr. Iorfida, Thank you for your prompt reply. We had a meeting with the Mayor, Jim Diodati during which our request was discussed in detail. We will contact you in Spring 2012, closer to the date of our request July 10th. Sincerely, Borislav Zivkovic President Serbian club "Niko la Tesla" Niagara Falls info ©sroskiklubnikolatesla.ca 905/321 -8201 Original Message From: Dean Iorfida Date: 04/08/2011 11:18:29 AM To: Jim Diodati; inforc srpskiklubnikoiatesia.ca Cc: Kristine Elia Subject: Re: Nikola Tesla Day Feel free to contact me in Spring 2012. We try to bring such requests forward a couple of months prior to the requested day, to give the event the proper publicity it warrants. Sincerely, Dean Iorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905- 356 -9083 (Fax) Page 1 (6/7/2012) Dean lorfida - Re: Nikola Tesla Day Page 2 »> <NemanjaJevremovicni- 3com.com> 5/22/2012 10:19 AM »> Good morning Mr. Diodati, I am contacting you on behalf of Serbian School Nikola Tesla and in regards to the resolution to name July 10th Nikola Tesla Day in Niagara Falls Region. We were wondering of the current status of the request as the event is coming in 6 weeks. Please let us know if you need something from us to speed up the process. During our visit you have mentioned that it would be good to proclaim date mid June to give it appropriate media coverage. Best Regards, Nemanja Jevremovic Eelctrical Engineer Original Message From: idiadar; nia _qarafaiis.ou Date: 04/08/2011 11:15:11 AM To: :rfc, sr nsiciklubnik oiatesla.cainosr _pskiklubrik iatesia_ a Cc: Dean Iorfida <, a+lto :d crF'c7a W n!agarafalls.va> ; Kristine Elia <maiito:kelia ©niagarafalls.ca> Subject: Re: Nikola Tesla Day Hello: Thank you for your email and letter to myself and Members of Council asking for a resolution to name July 10th Nikola Tesla Day. I've sent it in this email to our City Clerk, Mr. Dean Iorfida, who will take the appropriate steps in the coming years to see that this request is brought before Council. Royal Canadian Legion, Branch 51, Niagara Falls, Ontario City of Niagara Falls 4310 Queen St, PO Box 1023 Niagara Falls, ON, L2E 6X5 Attn: Dean lorhda: Dear Mr. Iorfda, May 30, 2012 As per our collective and recent email correspondence, I am respectfully requesting of the City of Niagara Falls, to waive the charges for `Labour' and `Vehicles', detailed in the invoice #30266 regarding the road closure assistance given by the City during the 40 &8 Pilgrimage held on May 19, 2012. As you know, the Royal Canadian Legion is a non - profit organization committed to assisting war veterans, educating youth and contributing to the many communities in Canada. In particular, Branch 51 which has been a Legion since 1926 here in Niagara Falls has contributed several hundred thousands of dollars (if not more) and just as many volunteer hours over the past 9 decades to many different and diverse causes in the city including veterans, seniors, schools, hospitals, youth organizations, youth sports and many more noble endeavours. As well, this Pilgrimage, a joint Canadian & American war veterans memorial service, has been held annually every May since 1937; and, this year (2012) is the first that we have ever received an invoice from the City. We respectfully request the City of Niagara Falls waive the charges ($477.43), in lieu of the past, current and future community- oriented contributions to the many charitable and non - profit concerns in our fine city that Branch 51 is involved in. Also, if this request is granted, we would also like to know that in future years, (because the Pilgrimage is an annual event), if we can receive a blanket waiving of costs or if the City would like us to annually request that any and all charges /costs be waived. I am at your service if you have any questions or concerns regarding this matter. I can be reached at 905 - 358 -5205 and /or ronpotteresympatico.ca . Sincerely, oval • o er Pilgrimage Chairman Royal Canadian Legion Branch 51, Niagara Falls R. C. L. Branch 51, 5610 Fraser Street, Niagara Falls, ON, L2E 3C9 INVOICE CITY OF NIAGARA FALLS PO BOX 1023 4310 QUEEN ST NIAGARA FALLS, ON L2E6X5 Phone: (905) 356 -7521 Fax: (905) 356 -0759 ROYAL CANADIAN LEGION BRANCH 51 5610 FRASER ST NIAGARA FALLS, ON L2E 3C9 Customer Number Invoice Number Invoice Date Customer P.O. No. Due Date : ROYAL00013 30266 : 25- May -2012 : 24-Jun -2012 Product Description Quagtity Unit Price Amount RDCLOS ROAD CLOSURE FEE COSTS FOR 40 & 8 PILGRIMAGE MAY 19, 2012 LABOUR = $386.40 VEHICLES = $36.10 1.0000 422.5000 $422.50 GST /HST Registration Number : R119399392 * *PENALTY OF 1.25% PER MONTH ON OVERDUE ACCOUNTS ** * *PLEASE ENCLOSE REMITTANCE PORTION WITH PAYMENT ** * *CONTACT GLORIA MOORE 905 - 356 -7521 EXT. 4312 FOR INQUIRIES ** Please return this portion with your payment Customer Number : ROYAL00013 Customer Name : ROYAL CANADIAN LEGION BRANCH 51 5610 FRASER ST NIAGARA FALLS, ON L2E 3C9 CITY OF NIAGARA FALLS PO BOX 1023 4310 QUEEN ST NIAGARA FALLS, ON L2E6X5 Total Gross $422.50 GST /HST $54.93 Total Invoice $477.43 Invoice Number Invoice Amount Amount Paid 30266 : $477.43 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance F- 2012 -28 June 12, 2012 SUBJECT: F- 2012 -28 Low Income Seniors' Water and Property Tax Rebate RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY During budget deliberations, Council approved continuation of the Low Income Seniors' Water Rebate and the Low Income Seniors' Property Tax Rebate. The respective 2012 budgets were $80,000 and $26,000. Staff are providing this report to identify for Council that the applications for both rebate programs will be available July 3, 2012 and similar to last year, the application period will end October 31, 2012. Applications for both rebates are available at City Hall or on -line. BACKGROUND In the determination of the 2012 Municipal Utility Budget, City Council approved the Low Income Seniors' Water Rebate for the 2012 year. This rebate provides qualifying seniors a rebate of $100. To qualify for this rebate, a senior must have a municipal water account with NPEI and be a recipient of the Guaranteed Income Supplement. The purpose of the grant is to offset some of the increases in water and wastewater charges. Similarly, in 2011, Council approved a low income seniors' property tax rebate. Qualified applicants for the Property Tax Grant would be any property owner who receives the federal Guaranteed Income Supplement, owns a primary resident in Niagara Falls and is a senior. City staff will take applications from residents that may qualify for either program starting July 3, 2012. Applications will be available in the Finance Department. The City will be notifying the general public through an information card in the upcoming water and sewer bills, as well as through newspaper advertising. FINANCIAL IMPLICATIONS The budget impacts of each program is different. The Low Income Senior's Water Rebate impacts the Municipal Utility Budget and the expenditure is included in the rates to all users. The budget expenditure approved for the 2012 Utility budget was $80,000. In 2011 the cost was $51,700. Alternatively, the Low Income Property Tax Rebate impacts the General Purposes Budget. The cost in 2011 was $19,080 (477 applicants at $40). June 12, 2012 Recommended by: Respectfully submitted: - 2 - Todd Harrison, Director Finance F- 2012 -28 Ken To , Chief Administrative Officer F- 2012 -29 Niagaraaalls June 12, 2012 REPORT TO: Mayor James Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2012 -29 2011 Sleep Cheap Event RECOMMENDATION That Council approve the payments to the various recipients of this years Sleep Cheap event. EXECUTIVE SUMMARY Sleep Cheap is a fundraising event held annually in the City. The Sleep Cheap event is coordinated by the City in co- operation with members of the City's tourism industry. The grant recipients are selected by the organizing committee. All groups seeking grants must apply to the committee annually. The 2011 event raised $177,618.50. Overall, since its inception in 2004, the event has raised $1,025,506. Staff recommend, on behalf of the committee, that grants be issued to the various recipients as outlined in the attachment. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The various tourism operators contribute all of the funds raised during the Sleep Cheap event. Each of the contributing tourism operators receive a receipt for the funds collected and contributed to the City. A committee made up of a Councillor, City staff and tourism operators coordinate the event, collect the funds and determine the recipients for the monies raised. Attached is the committee's recommended list of recipients with the designated amounts. LIST OF ATTACHMENTS Distribution of funds. Recommended by: Respectfully submitted: Todd Harrison, Direc V r of Finance Ken Todd,,/Chief Administrative Officer June 12, 2012 - 2 - F- 2012 -29 Sleep Cheap 2011 - Distribution of Funds Charity Amount Granted Brain Injury Association of Niagara $5,000.00 Daval Hospice $13,333.00 Hannah House Maternity Home $6,000.00 Hope Furniture Bank $10,000.00 Needy Not the Greedy $10,000.00 Niagara Falls Community Outreach $608.00 Niagara Falls Big Brothers Big Sisters $10,000.00 Project Share $10,000.00 Red Roof Retreat $612.50 Salvation Army $5,000.00 Walker Family Cancer Centre $13,695.00 Women's Addiction Recovery Mediation $5,000.00 YWCA of Niagara Region $10,000.00 Total Contributions to Charity $99,248.50 Niagara Community Foundation $78,370.00 Grand Total $177,618.50 MW- 2012 -11 NiagaraFalls June 12, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -11 Sewer Lateral Maintenance Services Customer Service Improvements RECOMMENDATION That Council authorize staff to proceed with the proposed level of service changes to the Sewer Lateral Maintenance Program and that the Schedule of Fees For Services be amended to reflect the reduced service charge for private sewer lateral cleaning accordingly. EXECUTIVE SUMMARY As part of Council's strategic commitment to continuous improvement the Environmental Services section of the Municipal Works Department is implementing changes to the sewer lateral cleaning program beginning September 10, 2012. Sewer Lateral Crews will be working shifts including weekends to better service the public needs. The proposed changes are designed to provide sewer lateral cleaning services during times that are more convenient to the homeowners. By providing this service on a straight time basis the charge -back cost to the homeowner is significantly reduced. This program will run annually during the peak seasons from September through to the end of May. Sewer lateral maintenance requires access to the private drain from inside the house and by offering this service beyond the normal operating hours staff can better serve the customer. In addition to reacting quickly to sewer back -ups staff can also make appointments to video confirm the condition and functionality of the laterals that are to be replaced as part of upcoming Capital Works projects. By having this information available to the Project Managers in advance of the construction tender we can avoid costs for extra work resulting from unanticipated scope changes. Crews will be pro - actively examining laterals to identify problem areas, prior to and post construction follow up. This pro active approach will also assist in minimizing liability concerns to the Corporation. The purpose of this report is to inform Council of the new level of service and to amend the "Schedule of Fees for Services" accordingly. June 12, 2012 - 2 - MW- 2012 -11 BACKGROUND In 2011, staff reviewed the current level of service provided by the sewer lateral cleaning program including customer service, Enbridge Safety Clearances cost impacts and operating costs to ensure they meet the needs of the tax payer. A detailed analysis revealed that the costs of providing this service after normal working hours and on weekends was not being fully recovered. Approximately 36% of all "after hours" calls occurred between 4 p.m. and 8 p.m. and 52% occurred on the weekends. A comparison of the After Hour Costs versus the Fees Recovered show the following; 2008 2009 2010 2011 After Hours Costs $49,159 $46,754 $49,439 $48,044 Fees Recovered $ 9,390 $11,851 $ 9,160 $ 7,274 Net City Costs $39,769 $34,903 $40,279 $40,770 While some of these costs are unavoidable it is clear that the fees charged do not sufficiently offset the City's operating expenses. Staff's review, including a customer survey, provided the following information on current operating methods and processes: • home owners call to request sewer lateral cleaning when they experience a sewer back up, or for preventative measures • the City does not charge homeowners if there are municipal tree roots found in the lateral, all other types of sewer calls are charged back to the homeowner • current recovery costs per call are $100.00 regular hours - $275.00 - after hours (see current fee schedule attached ) • in 2011 the City received 1367 requests for sewer cleaning records indicate 12% of after hours requesters postpone their work until the next day, or to a Monday to avoid the possibility of paying higher fees. This aspect is very concerning as property owners wait for cleaning with backed up sewer systems - a serious health concern. customer survey indicated the public are happy with our customer service, however they also indicated that 27% of respondents postponed this work, or arranged their schedule to suit the City's hours. June 12, 2012 - 3 - MW- 2012 -11 To summarize, just over 30% of program users have either requested the service on weekends or after hours, received the service after hours or arranged their schedules to suit the City's "Monday to Friday 8:00 a.m to 4:00 p.m." regular hours. This number does not accurately reflect those homeowners who are aware of municipal hours, and do not call in after hours, knowing full well the costs and times of service offered. They automatically wait until normal working hours to call in their requests. ANALYSIS AND RATIONALE Staff are aware that simply increasing the charge -back rate to the homeowner is not a viable alternative during challenging economic times. Of equal concern is the fact that homeowners have the option of hiring a private contractor to provide sewer cleaning services at their convenience. Staff will also be pro - actively booking appointments for businesses and homeowners to have their lateral examined and video recorded, to determine where repairs and replacements may be warranted before problems occur or should be rectified as part of a Capital Works project planned for this area. Current costs, including equipment, vehicle, labour burden and administration, for a four hour call out is $295.00 per call. Utilizing staff on a regular shift on the weekends and early evenings will reduce the average labour cost of a lateral cleaning, based on one hour of work per call from $295.00 to $102.00 per call. The new few structure and hours of service annually will be advertised in the local papers and the City web site. Staff will advise frequent customers of the new hours and times. FINANCIAL /STAFFING /LEGAL IMPLICATIONS No additional staff will be required to work these shifts. Staff are recommending the utilization of existing staff, on a rotating basis to perform these duties. Staff are trained and existing equipment will be utilized. It is proposed that the current fee schedule be amended to accurately reflect the City's new "working hours" to ensure that property owners are not over charged for this valuable service. Overhead costs have also been reviewed during this process. The changes in the fee schedule are in line with utilizing contractors when necessary, and will adequately recover contractor's and administrative costs for this program. The proposed amendment to the Schedule of Fees For Services for the pilot project are as follows. Costs are based on work sheets: June 12, 2012 -4- MW- 2012 -11 Schedule of Fees Cost to City to Perform Work Current Fee Contractor Cost to City Proposed Fee with extended hours Current Service & Costs: $102.59 $102.59 $100.00 or after 4:00 p.m. $275.00 $100.00 $151.53 $151.53 $100.00 Monday to Friday (exclusive of holidays) between 8:00 a.m. and 3:15 p.m. Proposed Service Level & Costs: Monday to Sunday (exclusive of observed holidays) between 8:00 a.m. and 7:15 p.m. Current Service Level & Costs: $131.95 $131.95 $130.00 $130.00 $151.53 $151.53 $130.00 Monday to Friday (exclusive of holidays) between 3:15 p.m. and 4:00 p.m. Proposed Service Level& Costs: Monday to Sunday (exclusive of observed holidays) between 7:15 p.m. and 8:00 p.m. Current Level of Service & Costs: $294.91 $294.91 $275.00 $275.00 1) $151.53 (Mon -Fri 8:00 am to 8:00 pm) 2) $190.97 (Mon -Fri 8:00 pm to 11:59 pm) 3) $202.27 (Mon -Fri 12:01 am to 6:59 am) 4) $223.74 (Sat, Sun, Holidays) 2) $190.97 3) $223.74 4) $223.74 $255.00 Saturday, Sunday or Holiday (anytime) or any other day before 8:00 a.m. or after 4:00 p.m. Proposed Level Of Service & Costs: Monday to Sunday (exclusive of observed holidays) between 8:00 p.m. and 8:00 a.m. "No Action" or False alarm $34.19 $30.00 $30.00 Video Inspection of a Private Sewer Service (only during times as per line one above) $102.59 $125.00 N/A $0.00 Copy of DVD of video inspection *(New Fee) N/A N/A *$10.00 *No fee is proposed for video inspection, as this will assist the City in its ongoing condition assessment of it's infrastructure and will be at the City's discretion. June 12, 2012 - 5 - MW- 2012 -11 CITY'S STRATEGIC COMMITMENT This report is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations by reducing costs and improving customer service. LIST OF ATTACHMENTS 1. Customer Survey Recommended by: Respectfully submitted: Sue Wheeler /Geoff Holman Geoff Holman, Director of Municipal Works i Ken Todd, Chief Administrative Officer CUSTOMER SATISFACTION SURVEY SEWER LATERAL CLEANING Questions Mailed April 15, 2011 Survey Results - May 16, 2011 YES NO No Yes No Response Were you satisfied with our current hours of operation? 84 6 7 86.60% 6.19% Were you satisfied with our current rates compared to other rates for the same service? 61 12 24 62.89% 12.37% Did you delay having your lateral cleaned due to the higher after hour fees? 27 56 13 27.84% 57.73% Did you have to arrange your schedule to suit our schedule? 27 63 7 27.84% 64.95% Were you satisfied with our customer service? 85 7 5 87.63% 7.22% Were you satisfied with the work that was performed? Would you be willing to have the City Video your sewer lateral free of charge? Please indicate your preferred time for sewer lateral cleaning or video inpsection. 80.41% 12.37% 77.32% 14.43% Total may be higher then Surveys received due to multiple preferred times. No Response 405 Surveys Mailed 7 Return to Sender 398 97 Surveys Returned 24.37% Response NiagaraFalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -32 June 12, 2012 SUBJECT: PD- 2012 -32 PLC - 2012 -002, Request for Removal of Part Lot Control Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37, Plan 59M -340 Garner Village Subdivision Owner: Mountainview Homes RECOMMENDATION 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 of Plan 59M- 340, as exempt from Part Lot Control for a period of three years. 2. That the owner be requested to notify the City when the separate deeds have been registered. EXECUTIVE SUMMARY Mountainview Homes has requested a by -law be passed to exempt the land from being subject to Part Lot Control to allow the transfer of ownership of each remaining semi- detached and on- street townhouse dwelling unit to be built. The request can be supported based on the following: The use of this Planning Act mechanism is an acceptable alternative to a consent because the Tots and block are located within a registered subdivision and their division into more than one parcel has been anticipated. The approval will permit a deed to be created for each parcel containing a semi- detached and townhouse dwelling unit and permit each property to be sold. • The zoning is in place to permit the proposed parcels and dwelling units. BACKGROUND Proposal Mountainview Homes has submitted a request to have Part Lot Control removed from several Tots and 1 block within the Garner Village Subdivision. The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow the reconfiguration of lot lines and /or the division of lots and blocks within a registered plan of subdivision. The request is being made because a previous exemption from Part Lot Control for the subdivision expires on June 25, 2012 and not all the dwelling June 12, 2012 - 2 - PD- 2012 -32 units have been sold. Therefore, the applicant is seeking an exemption from Part Lot Control for Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 for an additional 3 years. ANALYSIS The subject land is within the Garner Village subdivision, which was registered on January 27, 2006. Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28 and 29 are to be developed with semi- detached dwellings, while Block 37 is to be developed with an on- street townhouse dwelling. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt a property from Part Lot Control, which would allow an owner to sell part of their lot without a consent. Approval of a Part Lot Control exemption by -law would allow the subject lots and block to be divided into separate parcels to allow the individual dwelling units to be sold. Applying a Part Lot Control by -law to all of the lots and blocks at this time provides flexibility for the developer during the construction of dwellings and scheduling of real estate sales. A by -law time limit of three years has been requested to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. The land is currently zoned Residential Mixed (R3 -709) through site specific Zoning By -law No. 2005 -84. This zoning category permits the proposed semi - detached dwellings and on- street townhouse dwelling units. The Building Permit review process will ensure compliance with all zoning requirements. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS Schedule 1 - Location Map Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer D.Deluce Attach. S: \PDR\2012 \PD- 2012 -32, PLC- 2012 -002, Garner Village.wpd June 12, 2012 - 3 - SCHEDULE 1 PD- 2012 -32 PLC - 2012 -002 Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 PD- 2012 -34 NiagaraJ1alls June 12, 2012 ( \ V \ Il \ REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -34 Telecommunication Facility Consultation 7089 Reixinger Road, Niagara Falls Summit Telecom Services Inc. On Behalf of Turris Sites Inc. for Wind Mobile RECOMMENDATION It is recommended that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 40 metre (131 ft.) tall tripole structure within a 10m by 10m fenced compound on the lands at 7089 Reixinger Road, Niagara Falls provided that berms and appropriate landscaping is added along Reixinger Road and the easterly property line. EXECUTIVE SUMMARY The proposal to erect a 40 metre tall tripole telecommunication tower at 7089 Reixinger Road can be supported based on the following: • the proposal on lands zoned for industrial use and designated resort commercial and is located from residential areas; and • berms and landscaping along Reixinger Road and the easterly property line will help minimize the visual impact of the tower from the roadway. BACKGROUND Summit Telecom Services Inc. on behalf of Turris Sites Inc. has requested a new wireless telecommunication tower at 7089 Reixinger Road. The tower would initially provide wireless voice and data services for subscribers to the WIND Mobile Network but has also been specially designed with additional capacity to support multiple tenants and will be actively marketed to other wireless carriers. June 12, 2012 - 2 - PD- 2012 -34 The lands at 7089 Reixinger Road are designated Resort Commercial and are zoned for Industrial use in the City's Planning documents. A 40m tall tripole tower with fencing around the base of the tower is proposed on the southern section of the property between Reixinger Road and the existing structures on the property. According to the applicant the nearest residential unit is approximately 70m away. Summit Telecom Services Inc. has identified one existing telecommunication tower within 1 km of this proposed tower (Bell Site at Marshall and Beck Roads) which was discounted since the aperture required to accommodate WINDS's antennas at 40m is presently occupied and the tower is loaded and likely near structural capacity. Further, Summit Telecom Services Inc. state that with future increases in need the existing tower will not be able to provide space to meet those needs for all carriers. Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols. The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns /issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS As required by the City's Consultation process, an information package and notice of a February 16, 2012 information meeting was sent to property owners located within three (3) times the height of the proposed installation (120m) and advertised in the Niagara Falls Review on February 6, 2012. The verbal and written comments received from the public, and the proponents response to those comments have been included on the Public Consultation Summary prepared by the proponents and attached as Appendix 1. There was one attendee at the information meeting and one written request for information. Neither submission appears to be an objection to the proposal but rather a request for further information. The information package was circulated by Planning staff to other City Departments and no objections to the proposal were received. The City's Consultation Process for Radio Telecommunication Facilities (Section 500.20) includes design and siting policies including the following: that the tower should be as unobtrusive as possible and take advantage of elevations, topography and existing vegetation to minimize visual impact. This proposal places the tower 15m north of Reixinger Road which is closer to the roadway than structures on the on the property. The property contains several trailers and there appears to be some debris on the area to be occupied the tower. The site plan submitted by the proponents indicates a low berm along Reixinger Road and along the easterly property line which will assist in buffering some of the visual impact of the tower. It is suggested that these berms as well as the implementation of appropriate landscaping around the fenced compound be part of the approval for this tower site. June 12, 2012 - 3 - LIST OF ATTACHMENTS ► Appendix 1 - Summary of Public Consultation Recommended by: Respectfully submitted: F.Berardi:mb Attach PD- 2012 -34 Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer S. \PDR\2012 \PD- 2012 - 34,7089 Reixinger Rd,Telecommunication Facility Consultation.wpd June 12, 2012 - 4 - APPENDIX 1 PD- 2012 -34 Public Consultation - Wireless Telecommunications Tower Site 7089 Reixinger Road, Niagara Falls January 2012 Tuaeis Terris Sites Inc. TO Todd Road Georgetown, ON L70 4RT June 12, 2012 Proposed Teiecorernunicaton Site 7089 Rexinger Road Table of Contents - 5 - PD- 2012 -34 A. Background Information 3 B. Purpose of this Proposal 4 C. Proposed She Location 6 D. Proposed Tower 7 F. Regulations 8 Health Canada Safety Code 6 Attestation 8 II. Control of Public Access 8 111. Canadian Environmental Assessment Act 8 1V. Description of Proposed System V. Transport Canada Aeronautical Obstruction Marking 8 Require; »tents VI. Engineering Practices 8 VII. Local Land Use Requirements 9 VIII. Industry Canada Spectrum Management 9 F. Contact Information 9 June 12, 2012 - 6 - PD- 2012 -34 PoposeC Telecomrruncahon S,te 7089 Reunger Rrac A. Background Information The use of wireless services in Canada continues to grow long gore are the days of the comparat vely simple analog cell phone which has been replaced at an increasingly growing rate with advanced digital smart phones such as the Blackberry and Ipnone Meeting the coverage and capacity demands of consumers is a continua: challenge faced by the service providers. To provide effective serv^ce the carriers deve ^op extensive networks comprised of antenna sites located on rooftops, other existing structures and as last resort new towers in 2008, Industry Canada awarded licenses to three new carriers to address the lack of wireless competiton .n Canada. As a result of lagging competitor, Canada ranks last ,n wireless penetration amongst 22 developed countries. Canada's penetration rate sits at 65%, wel: below the 'united States at 90% and mary European and Asian countres at well over 100%. The lack of competition has also resulted in Canadians pay ng doub.e wnat Americans pay per minJte and using half as many minutes per month (Merril..-ynch) G!ooallve received on of the new icerses in 2008 and the company is prov'ding voice, text and data services to Canadians under :he orand WIND Mobile on a next - generation wireless network ane 's committed to offering a level of wireless service presently not ava;laole in Canada. This location is part of the second phase of the deploymert of the state- of -tne -art GSM network in southern Ontario. The operation and development of to ecommunication services and antenna sites .n Canada are regulated by the federal Government through Industry Canada wn :ch encourages the site snaring and the construction of multi- tenant facilities. Turns sites :nc. is an independent manufacturer and developer of telecommunications infrastructure specifically designed to house several rad ocommunicat:ons providers at each facility. The facility at 7089 Reixinger Road, Niagara Falls w +II mtially service WIND but has also oeen specially designed wth additional capacity to support multiple tenants and will be actively marketed to other wireless ca -ners. These careers nclude the incumbent carriers; Bell, Telus and Rogers as well as the new entrants; Public Mobile and Mob licity. Turns accommodation for all the telecommunication carners in Canada will ultimately reduce the number of required towers overall June 12, 2012 - 7 - PD- 2012 -34 Proposed telecommunication Ste 7089 Rex.nger Road B. Purpose of Proposal As a oart of WIND's expansion of their network in Niagara Falls and the surrounding Niagara Region, the need for a site in this area was identified. The preferred location of site is determined by several key factors such as; location of adjacent sites, topography of the area, coverage requirements for highways and arterial roads and and uses within the coverage area. A search for a suitable location is then conducted within defined parameters for existing towers or alternate infrastructure to deploy transmission and reception antennas. As mentioned, it is always preferable to locate on an existing structure. In this particular case, Turns is aware of one wireless telecom facility within the lkm radius of the proposed tower. Any site beyond the lkm search radius is unfortunately too far beyond the engineering requirement for this facility, and as such was discounted as a viable alternative. Figure 1.0 shows the relationship between the proposed site and the adjacent sites utilized by Bell. The yellow circles represent the approximate location of each site. There are two existing telecom facilities (Be!! & Rogers) adjacent to the proposed site but only the Bell site is within the search radius. As stated any site beyond 1km search radius is beyond NIND's search parameters. WIND is required to locate within the radius to provide appropriate coverage and a contiguous network. June 12, 2012 p*po^ev releomnnunicuucnywo 7089 Rexmger Road Figure 1.1: Bell Site - 8 - WIND has considered this fao|tyand discounted its viability for the fo|'wwing 1. The aperture rc�ui'ed to accommodate WiNO antennas at tr,e heght of 40rn is presently occunimd. WIND requires this critical height to orovide appropriate coverage for a contiguous network. Z. The tower :s loaded and likely very near or at rts structural capacity. There is no space ,o accommodate xvImD'santennas. 3. With the launch of multiple new networks and carriers it/sexpect,d this coverage area will at some point require a new tower. Bell does not have available space for multiple carriers. xxImD's proposal will accommodate rutunccn|ncuoon June 12, 2012 - 9 - PD- 2012 -34 P-oposed Telecommunication Site 7089 Rex:nger Road C. Proposed Site Location - 7089 Reixinger Road, Niagara Falls The proposed facility is located at the southern section of a rural residential property at 7089 Reixinger Road, Niagara Falls. The proposed location can be seen on the satellite images in Figure 1.0 and Figure 2.0. The surrounding area is rural. The nearest residential unit is adjacent to the site approximately 7Orr away. The geographical coordinates of the proposed site are: 43 deg 2 min 13.9 sec N 79 deg 6 min 47 sec W Figure 2.0: Proposed Site June 12, 2012 -10- PD-2012-34 *IMP* 4ir Proposed re■ecommuncaeon Ste 7089 RexInger Road D. Proposed Tower - 40m Tripole Turns nas agreed with the property's landlord to installing a 40m tail tripole. Figure 4 0 elovv shows a profile of a tripole very similar to the proposed tower. Turns has designed this pole to support Public Mobile's antennas and otner parties who may be Potentially interested - enabling it to accorrmodate additional carriers - re.ducing the number of towers overall - while providing a minimal visual intrusion, The smal, foctpnrt provides space for present and future tenants to accommodate the aricciary radio equipment Ail the equipment wc:1 be placed on concrete slabs and there is no ntention to construction a shelter. -_--—----iH 11/4 . . s. ”.e m-• L.S.1$.11 II p.111 ," >O<><>0‹: •110•711,44• ' ',F2-7 r i ir Zit ri a a • • . . . q q . I: T Ti • . . - - - - - •41, 1 1 1 1611 viuu tli , .--A-A__. 7 _ r r 1 1.- ilSIIGIGIcismaacemaria : :- - - - - . 1 O OUOILIDge i i I II e elIP' June 12, 2012 -11 - PD- 2012 -34 Proposed Telecommunication Site 7089 Rexinger Road E. General Requirements / Regulations I. Safety Code 6 Compliance Industry Canada requires that all operators of radio communication systems attest tnat the radio antenna system described in this notification package will comply with Health Canada's Safety Code 6 limits, as may be amended from time to tame, for the protection of the general public including any combined effects of additional carrier collocations and nearby installations within the local radio environment. Turris Sites will ensure that any careers operating from the pole will attest to compliance with Safety Code 6 as a part of their tenancy agreement. II. Control of Public Access The tower base will be outfitted with security fencing and / or appropriate anti -climb equipment. The fence with locked gate is to provide safety and security and to limit access to authorized personnel only III. Canadian Environmental Assessment Act The radio antenna system described in this notification package is excluded from assessment under the Canadian Environmental Assessment Act. IV. Description of Proposed System The base station will provide wireless voice and data services for subscribers to the new state -of -the -art HSPA GSM wireless network. V. Transport Canada's Aeronautical Obstruction Marking Requirements Turris attests that the structure described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety requirements. Turns has made all necessary applications to Transport Canada and NAV Canada At this time, Turris has yet to receive an Aeronautical Obstruction Clearance Form from Transport Canada stating that the proposed installation would not require marking as per the CAR 621.19 Standards Obstruction Markings. For additional detailed Information, please consult Transport Canada at (http ; / /www.tc. gc.ca /CIvIlAviatlon /Regsery /Affairs /cars /PART6JStandards / Standard6 21.htm) VI. Engineering Practices Turris attests that the tower described in this notification package will be constructed In compliance with the National Building Code of Canada and comply with good engineenng practices including structural adequacy June 12,2012 - 12 - Proposed refeeommunscaton S to 7089 Rexinger Road VII. Local Land Use Requirements The City of Niagara Falls has in place a local protocol for establishing telecommunication Facilites. While adhering to Industry Canada's default consultation process there is also an opportunity for puoilc comment through an open house February 15, 2012 at the MacBam Center. See the date and time below VIII. Industry Canada Spectrum Management Please be adv'sed that the approval of th.s site and its design -s under the exclusive jurisdiction of the Government of Canada through Industry Canada. Turns is parttapatng r this circulation in accordance with Industry Canada's guide:ines CPC 2 -0 -03. Tar more information on Industry Canada's public ccnsultat.on gu defines inc'uding CPC-2 -0 -Q3 contact www,ic.gc.ca /antenna or the local Industry Canada office at spectrum.london @ic.gc_ca Central and Western Ontario D strct Suite 1112 451 Talbot Street London, ON N6A 5C9 Tefephcne: 519-457-4826 Fax: 519- 645 -5073 Email: spectrum london@rc.gc.ca F. Contact Information Tunis Sites Inc., C/o Summit Telecom Services is committed to effective public consultation. The public is inv ^ted to provide comments to Summit aoout this proposal oy mail, E -mail, phone or fax, In addition there will be a public information sess.on at the Mac3a n Community Centre (7150 Montrose Road - Multi Purpose Room A February 15, 2012. Please send your comments to the individuals listed below by close of business March 5, 2012. Turris C/O Summit Telecom Services Sean Ogilvie 2645 Royal W,ndsor Drive Mississauga, Ontario L53 1<9 Tel: 289- 400 -3231 = ax:888- 622 -4939 Email. seas @summ t- tel.com City of Niagara Falls Francesca Berard;, Planner 1: 4310 Queen Street, PO Box 1023 Niagara Falls, Ontario L2E 6X5 Tei: 905.356 -7521 (x4238) Email fberardii nia9arafails.ca PD- 2012 -34 June 12, 2012 - 13 - PD- 2012 -34 June 12, 2012 -14- PD-2012-34 P0-2°.12-14 .15 - Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: PD- 2012 -35 June 12, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2012 -35 Matters Arising from Municipal Heritage Committee 2012 Designated Property Grant Applications RECOMMENDATION That Council approve the alteration /restoration projects and grants for the following designated properties: (a) James Oswald House, 2922 St. Paul Avenue, owners Steven Bailey and David Fotheringham, for the cost of restoration of the stone wall with iron fence and gate. (b) Doran /Marshall /Burke House, 4851 River Road, owners Gary and Carolyn Burke, for the cost of repointing work on the carriage house. EXECUTIVE SUMMARY At the May 23, 2012 meeting of the Municipal Heritage Committee, the following motions were adopted: That the Committee supports the proposed restoration to the properties and also the corresponding grant applications: (a) The James Oswald House, to a maximum amount of $5,000.00 (b) The Doran /Marshall /Burke House to a maximum of $3,715.00 BACKGROUND The Municipal Heritage Committee held its regular meeting on May 23, 2012 and considered four Designated Property Grant applications. The Committee was supportive of two of the four applications, deferred one application in order for the applicant to provide further details to the Committee and was not supportive of the fourth application as the proposed work was considered ineligible under the Designated Property Grant guidelines. 1. Designated Property Grant Application 2922 St. Paul Avenue, James Oswald House An application was received from the owners of the above noted property for the restoration of the final phase of the stone wall with iron fence and gate. The proposed work will assist in preserving the original fence that surrounds the house June 12, 2012 - 2 - PD- 2012 -35 on two sides as well as the gate. The owners have restored the other two sections of the fence. The Municipal Heritage Committee supports this restoration project as the wall with fence is considered to be one of the original heritage attributes of the property and included in the reasons for designation. The grant guidelines state that one half of the eligible costs of a project to a maximum of $5,000 will be paid to an owner. The estimated cost of this phase of the project is $12, 993.23 Grant guidelines cap the amount of eligible costs at $5,000.00. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application as submitted for one half of the cost to a maximum of $5,000.00 for the restoration of the stone wall with iron fence and gate as it will assist in preserving one of the significant heritage attributes of this property. " 2. Designated Property Grant Application 4851 River Road, Doran /Marshall /Burke House An application was received from the owners of the above noted property for the repointing of the carriage house. The carriage house is an original heritage attribute described in the reasons for designation of the property. The owner provided photographs of the deteriorated bricks and mortar on three sides of the coach house. The Municipal Heritage Committee is supportive of this work as it will prevent further deterioration and assist in the preservation of the two storey carriage house. The grant guidelines state that one half of the eligible estimated costs of a project to a maximum of $5,000 will be paid to an owner. The estimated cost of this project is $7,430.00. Grant guidelines cap the amount of eligible costs at $3,715.00. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application as submitted for one half of the cost to a maximum of $3,715.00 for the repointing of the carriage house as it will prevent further deterioration and assist in the preservation of the original heritage attribute. " FINANCIAL IMPLICATIONS The 2012 Budget allocates $10,000.00 to the Municipal Heritage Designated Property Grants. These two projects represent, if used to the maximum, $8,715.00 of the funds allocated in the current budget year. LIST OF ATTACHMENTS ► No attachments. Recommended by: Respectfully submitted: P.Boyle:pb Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer S \PDR\2011 \PD- 2011 -38, Matters Arising from MHC.wpd NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Recreation & Culture R &C- 2012 -10 Arts & Culture Wall of Fame Induction Criteria R &C- 2012 -10 June 12, 2012 RECOMMENDATION: That Council approve the proposed Arts & Culture Wall of Fame Induction Criteria and Policy amendments. EXECUTIVE SUMMARY The Arts & Culture Wall of Fame was established in 2006 to recognize artistic and cultural contributions in the City of Niagara Falls. In September of 2011, Council requested that the Arts & Culture Wall of Fame Policy and Induction Criteria be reviewed. BACKGROUND The Arts & Culture Wall of Fame was established in 2006 to serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; to ensure that both past and present residents receive due recognition for their artistic and cultural contributions; to ensure that works of art are recognized for their contribution to the arts and cultural landscape of Niagara Falls. There are currently three categories of induction: Community Builder(s), Artist(s)/Work(s) of Art, Community Sponsor(s). Nominations are reviewed to ensure that they meet the following criteria: a) Outstanding achievement in their artistic or cultural field. b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. c) A person must have resided in Niagara Falls and /or have Niagara Falls as the main venue for their art for an extensive period of time. d) Community Sponsors must have a minimum of five (5) years of significant contribution. Nominations can be submitted by the public, Arts & Culture Committee members or staff. Qualifying nominations are forwarded to the Arts & Culture Committee for review at a special induction selection meeting. Committee members rank each nominee from 1 to 5 with respect to how well they meet the criteria. Rankings are totalled and averaged and the top six nominees are selected for induction for the current year. In the case of a tie for the sixth spot, a decision is made by democratic vote. Nominees who are eligible for induction but are not selected will be kept on file for future consideration for a period of five (5) years. June 12, 2012 - 2 - R &C- 2012 -10 All nominations are confidential, only the names of recommended inductees are released. In 2011, a well -known individual was nominated and was not selected for induction. The individual met all of the criteria, however, when the votes were tallied and averaged the individual was not in the top six. The nominee was to be kept on file for induction in the following years. Although nominations are confidential, when the recommendations for induction in 2011 were made, Council was concerned that the nominee in question was not on the list. Council suggested that due to the number of achievements and level of international recognition that the individual should have been automatically inducted. Council motioned to add the individual as a seventh inductee in 2011. This prompted Council to request a review of the policy and induction criteria. A suggestion was made that criteria for automatic induction be added such as is implemented with the Sports Wall of Fame. Induction Criteria Form Staff, along with the Arts & Culture Committee has developed a detailed Induction Criteria form. Individuals must score a minimum of ten points in order to be considered for induction (see Attachment 1). Those nominations meeting the minimum criteria will be forwarded to the Arts & Culture Committee for discussion and democratic vote. Any remaining qualifying nominations will be kept on file for future consideration for a period of five years. Automatic Induction When a nomination form is received for an individual, who has met the minimum criteria; and has been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or has been recognized for their art through national or international acclaim will be eligible for automatic induction. Two of the six inductee spots per year will be reserved for those qualifying for automatic induction. Remaining nominations qualifying for automatic induction will remain on file for induction in the following years. The above process will allow the Arts & Culture Committee to continue to honour individuals, organizations, and businesses that contribute daily to the community. This would include locally known artists who commit many hours to the community, community builders, and community sponsors, and not only those individuals that have received monumental success. Additional Policy Change In addition, the Arts & Culture Committee recommends removing the words, "Works of Art" from the "Nominee Selection by in the attached Arts & Culture Wall of Fame Policy. The artist or the organization responsible for making the art possible can be recognized but not the artwork itself. For example, last year Oakes Garden Theatre /Rainbow Gardens Artwork were inducted. In the future, it would be the Niagara Parks Commission that would be inducted as a Community Sponsor since they were responsible for organizing, commissioning, and making the work possible. ANALYSIS /RATIONALE June 12, 2012 - 3 - R&C- 2012 -10 The Arts & Culture Wall of Fame was established to recognize artistic and cultural contributions to Niagara Falls. The proposed criteria will clarify the information required by nominators and the selection committee and allow for continued recognition of contributors in Niagara Falls. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Annually the funds are included in the Arts and Culture Committee budget to recognize and induct six individuals into the Arts & Culture Wall of Fame. By continuing to provide a cap of six inductees, the Arts & Culture Committee can continue to recognize individuals and organizations while staying within budget. CITY'S STRATEGIC COMMITMENT Strategic Plan for the Provision of Parks, Recreation, Arts & Culture, Action Plan #5 — to Develop and Review Policies to Support Service Delivery. ATTACHMENT 1. Arts & Culture Wall of Fame Proposed Induction Criteria 2. Arts & Culture Wall of Fame Policy Recommended by: Approved by: Re-6'&,/dee,(-te Kathy Moldenhauer Acting Director of Recreation & Culture Ke Todd, Chief Administrative Officer R &C-2012 -10 Attachment 1 Arts & Culture Wall of Fame Induction Criteria In order to qualify for induction nominations must score a minimum of 10 points. A minimum of three of the following apply to each of the induction categories: Community Builder, Artist, Community Sponsor. 1. Outstanding achievement in their artistic or cultural field (recognition by peers). 5 International 4 National 3 Provincial 2 Regional Local 2. A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. 5 International 4 National 3 Provincial 2 Regional Local 3. A person must have resided in Niagara Falls and /or have Niagara Falls as the main venue for their art for an extensive period of time. Organizations must have been located in Niagara Falls for an extensive period of time. 5 Born and Raised 4 Over 20 years 3 Over 15 years 2 Over 10 years 1 Over 5 years 4. Community sponsors must have a minimum of five years of significant contribution of financial or services in kind or the commissioning of community art. 5 Over 25 years 4 Over 20 years 3 Over 15 years 5. Community sponsor significance of contribution. _5 Great 4 3 2 Over 10 years 2 1 Over 5 years 1 Little 6. Community builders must have a minimum of five years of significant contribution to enhance arts & culture through volunteer work, administration, committee work, or mentoring. 5 Over 25 years 4 Over 20 years 3 Over 15 years 2 Over 10 years 7. Community builder significance of contribution /involvement. 5 Great 4 3 2 1 Over 5 years 1 Little 8. Automatic Induction: If a nomination form is received for an individual who has met the minimum criteria; and has been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or has been recognized for their art through national or international acclaim will be eligible for automatic induction. DEPARTMENT: DATE EFFECTED: POLICY: RECREATION May 8, 2006 Arts & Culture & CULTURE Wall of Fame DATE OF REVISION: Report: R- 2006 -17 October 16, 2006 R- 2006 -29 July 22, 2010 R &C- 2010 -18 June 12, 2012 R &C- 2012 -10 POLICY Purpose: SECTION: 1000.51 Page 1 of 3 The Arts & Culture Committee's Purpose is to foster, develop and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame initiative the community will have the opportunity to celebrate the many outstanding accomplishments of its past and present citizens, as well as the works of art that reflect the best of Niagara Falls. Objectives: 1. to serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; to ensure that both past and present residents receive due recognition for their artistic and cultural contributions; 3. to ensure that works of art are recognized for their contribution to the arts and cultural landscape of Niagara Falls. PROCEDURES 1. Wall ofFame Nomination Forms are available for public nomination through the Citywebsite www.niagarafalls.ca or at the Recreation & Culture office at the MacBain Community Centre. Completed Nomination Forms will be accepted throughout the year. 2. The deadline for nominations is July 30th of each year. Nominations received after this date will be considered as a nomination for the following year. 3. Depending upon the Nominee, the Arts & Culture Committee may call upon specialists in the appropriate field to assist in the selection. 4. Qualifying nominations will be forwarded for to the Arts & Culture Committee for a special Wall of Fame selection meeting. 5. Recommended inductees will be forwarded to Council in a report for final approval. 6. Nominees selected by the Arts & Culture Committee shall be publicly presented in the Fall at a date and time determined by the Committee. 7. There shall be no publicity as to the proposed nominees or voting at anytime. The only names released to the public shall be those selected to be inducted into the Wall of Fame. 8. No current member of the Arts & Culture Committee can be installed on the Wall of Fame. SECTION: 1000.51 Page 2 of 3 Conduct of Wall of Fame Meetings 1. A special Wall of Fame meeting of the Arts & Culture Committee will be called for selection of Inductees in August of each year. 2. When dealing with nominations to the Wall of Fame meetings shall be held in camera. 3. Three (3) members of the Arts & Culture Committee shall constitute a quorum for the transaction of business. All members of the Arts & Culture Committee are invited to assist with the selection process and are entitled to vote. A Recreation & Culture Staffwill attend the meeting in an advisory position. 4. Committee Members will state a conflict of interest in advance of the meeting and remove themselves from discussion and voting for the particular Nominee in question. Nominee Selection 1. Categories of Induction: a) Community Builder(s): an individual(s) who has made outstanding contributions to the community's arts and culture, for an extensive period of time. b) Artist(s): an artist(s) who has /have been recognized for their outstanding contribution, or has brought significant recognition to Niagara Falls. c) Community Sponsor(s): An individual(s), business or organization that has made a significant contribution, in the form of financial or services in kind, to the enhancement of arts and culture in the community or to the accessibility of public art in the community. 2. Induction Criteria: Nominations will be reviewed by the Chair of the Selection Committee to ensure that the minimum criteria are met using the Arts & Culture Wall of Fame Induction Criteria form. A minimum often (10) points must be achieved in order to be considered for induction. Those scoring ten (10) or higher will be forwarded to the Arts & Culture Committee for a special Wall of Fame Meeting. Nominees must illustrate the following to be inducted: a) Outstanding achievement in their artistic or cultural field. b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. c) A person must have resided in Niagara Falls and /or have Niagara Falls as the main venue for their art for an extensive period of time. d) Community Sponsors must have a minimum of five (5) years of significant contribution. 3. Automatic Induction: Nominations who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or has been recognized for their art through national or international acclaim will be eligible for automatic induction. SECTION: 1000.51 Page 3 of 3 Two spots per year will be reserved for those qualifying for automatic induction. If after a democratic vote those qualifying for automatic inductions are not ranked in the top six, the top two individuals qualifying for automatic induction, will replace those ranked five and six. Remaining nominations qualifying for automatic induction will remain on file for induction in the following years. 4. Up to six (6) inductees per year may be inducted. Inductees will be chosen based on the merit of the application and may not necessarily be chosen from each Category on any given year. 5. Inductees receiving recognition on the Wall of Fame will also be showcased on the "Virtual Wall of Fame" on the Arts & Culture Committee's web page. 6. Inductees will receive a personal plaque that will state their name and year of induction. 7. Each nomination must be submitted in writing on the appropriate Nomination Form and contain, but not be limited to, the following: a) Nominator's name, address, telephone, and email address; b) A brief biography of the Nominee that includes date and place of birth; c) Details of the Nominee's awards or recognition; d) Number of years the Nominee resided in Niagara Falls; e) The nominator's relationship with the Nominee; f) The Nominee's approval (family representative or agent, if Nominee is deceased); g) A 8" x 10 ", colour or black and white, professional quality photo of the Nominee. 8. The nomination form must be properly and completely filled out with all the information requested. Incomplete forms will be sent back to the Nominator and may not be eligible for the current year's consideration. 9. Further information may be required by the Awards Sub - Committee to evaluate the Nominee's candidacy. The Nominator or other sources will be contacted /researched to assist in this endeavour. 10. Nominees who are eligible for induction but are not selected will be kept on file for future consideration for a period of five (5) years. All Nomination Forms, applicable documentation and photos will become the property of the Niagara Falls Arts & Culture Committee and therefore not returned to the Nominator unless specifically requested. Care & Maintenance of the Wall of Fame 1. The Awards Sub Committee will determine the appropriate care and maintenance of the Wall of Fame in consultation with the Recreation & Culture Staff and the venue operators. Recreation & Culture Staff shall maintain an archive composed of an information file on each Nomination and Inductee. R &C- 2012 -16 Niagaraaalls June 12, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2012 -16 Clarkson Cup RECOMMENDATION That staff coordinate with the Canadian Women's Hockey League to host the 2013 Clarkson Cup event throughout the Niagara Region including Niagara Falls, Port Colborne St. Catharines and other interested communities March 20 to 24, 2013. BACKGROUND The Canadian Women's Hockey League (CWHL) requested the City of Niagara Falls to consider hosting the Clarkson Cup 2013 and 2014 in the City of Niagara Falls. The first date requested is March 20 to 24 with an alternative date of March 7 to 10. Staff has discussed the opportunity to host the event throughout the Niagara Region with the CWHL and local Clarkson Cup organizers. User groups have also been consulted to determine if Thursday games and the final Sunday game can be scheduled at the Gale Centre. During the weekend of March 22 to 24, Ralph Biamonte holds his annual five -pad adult hockey tournament, where the City collects approximately $20,500 in revenue from the tournament. The tournament organizer has agreed to give up the Sunday afternoon ice time for the Clarkson Cup final game. If the Sunday playoff game is hosted at the Gale Centre the ice logos and the board advertisement will need be covered throughout the weekend, approximate cost of $15,000. The following chart details the games days, times, availability of ice at the Gale Centre and possible host community for the Clarkson Cup games. June 12, 2012 -2- R&C- 2012 -16 March 20 - 24, 2013 Game Day Time Facility Availability Community TBC Thursday 12:00 p.m. Available Niagara Falls Thursday 7:00 p.m. Available based on relocating users Niagara Falls Friday 12:00 p.m. Available Port Colborne Friday 7:00 p.m. Not available - Ralph Biamonte tournament Community TBC Saturday 11:00 a.m. Not available - Ralph Biamonte tournament Community TBC Saturday 3:00 p.m. Not available - Ralph Biamonte tournament Community TBC Sunday 1:00 p.m. May be available - Ralph Biamonte tournament Niagara Falls or Community TBC March 7 - 10, 2013 - Second Request Game Day Time Availability Community TBC Thursday 12:00 p.m. Available Niagara Falls Thursday 7:00 p.m. Available Niagara Falls Friday 12:00 p.m. Available Port Colborne Friday 7:00 p.m. Not available - Junior B game Community TBC Saturday 3:00 p.m. Not available- Weekend Hockey Tournament Community TBC Saturday 3:00 p.m. Not available- Weekend Hockey Tournament Community TBC Sunday 1:00 p.m. Not available- Niagara Falls Minor Hockey Playoffs & House League All Star Day and Weekend Hockey Sunday a.m. Community TBC FINANCIAL /STAFFING /LEGAL IMPLICATIONS Stated below is the approximate cost to host the Clarkson Cup Thursday afternoon game, Thursday evening game and the final Sunday 2013 playoff game. Possible Sponsorship $ 5,000 Waiving of Ice Rental fees: $ 1,500 (based on 3 hours non -prime and 6 hours prime time ice) Ice maintenance and painting costs: $ 2,500 Board Ad Prep and Replace $ 8,000 $17,000 If the Gale Centre hosts only the Thursday daytime and evening game the cost is reduced June 12, 2012 - 3 - R&C- 2012 -16 to $1,000 for the waiving of the ice fees for the afternoon and evening game. The ice logos and the board advertisements are required to be covered only for the final Sunday afternoon game. CITY'S STRATEGIC COMMITMENT The City of Niagara Strategic Priorities, Economic Vitality states, Encourage development of new tourism products, to promote and expand year round sport tourism opportunities utilizing City recreation facilities such as the Gale Centre. Recommended by: Respectfully submitted: Kathy Moldenhauer, Acting Director of Recreation & Culture Ken odd, Chief Administrative Officer Niagara,Fa11s 4 ! \ 111 1 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2012 -26 Hamilton Street at Sixth Avenue Intersection Control Review TS- 2012 -26 June 12, 2012 RECOMMENDATION That a stop sign be installed at the intersection of Hamilton Street at Sixth Avenue facing westbound motorists on Hamilton Street. EXECUTIVE SUMMARY A stop sign is warranted facing westbound motorists on Hamilton Street at Sixth Avenue that will require all drivers stop before entering the intersection. BACKGROUND City Staff has been requested to investigate the feasibility of installing a stop sign at the intersection of Hamilton Street at Sixth Avenue. Currently, there is no control at this intersection. ANALYSIS /RATIONALE Study results indicate that a stop control is warranted at the intersection of Hamilton Street and Sixth Avenue. The visibility triangle requirements for the basic right -of -way rule are not met thus warranting additional controls. This is common in developed residential areas with buildings and fencing normally constructed within the visibility clear zone. This triangle provides motorists sufficient visibility to view approaching vehicles and therefore be able to react appropriately. A collision review revealed that no collisions have been reported at the intersection of Hamilton Street at Sixth Avenue, nor any of the roads extending from the intersection in the previous three -year period. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the stop signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2012 General Purposes Budget. Cost studies estimate that the cost to install the sign is approximately $150. June 12, 2012 2 TS- 2012 -26 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: /M. Carrick Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer ,,r,- TS- 2012 -26 / Hamilton Street at Sixth Avenue Niagaraj?aiIs Intersection Control Review Proposed Stop Sign 1 NORTH NOS IO SCALE Niagara,7alls PUBLIC NOTICE THE CORPORATION OF THE CITY OF NIAGARA FALLS PROPOSED RESTRICT THE COMMON RIGHT OF PASSAGE AND TO DECLARE SURPLUS THOSE RIGHTS WITH RESPECT TO A SPECIFIED AREA OF PORTAGE ROAD IN THE CITY OF NIAGARA FALLS IN THE MATTER OF Section 35 of the Municipal Act, 2001. AND IN THE MATTER OF the City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of Niagara Falls. TAKE NOTICE THAT at its meeting to be held on the 12th day of June, 2012 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed restriction of the common law right of passage and declaration of surplus of those rights for a specified area of Portage Road. The lands to he affected are shown in the attached illustration. AND FURTHER TAKE NOTICE that any person who attends the meeting shall he given the opportunity to make representation. Any questions or comments about the restriction and declaration of surplus may be directed or sent to Lynne Banks, Law Clerk, City Hall, 4310 Queen Street, Niagara Falls, Ontario whose telephone number is 905- 356 -7521 ext. 5209 and whose email is Ibanks@@niagarafalls.ca DATED at the City of Niagara Falls, Ontario this 5th day of June, 2012 LEGAL SERVICES CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to designate Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 of Registered Plan 59M -340, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land is zoned by By -law No. 2005 -84 to permit the erection of single detached dwellings, semi - detached dwellings and on- street townhouse dwellings thereon; AND WHEREAS the owner of the said lands proposes to create property lines between the semi- detached dwelling units and the on- street townhouse dwelling units in order to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 of Registered Plan 59M -340, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for three years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twelfth day of June, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2012 June 12, 2012 June 12, 2012 S:\PART LOT CONTROL\2012 \PLC -02\PLC - 2012 -002 By -law wpd CITY OF NIAGARA FALLS By -law No. 2012- A by -law to amend By -law No. 2005 -198, which amended By -law No. 79 -200, to permit a larger multi - purpose building within the first phase of a resort commercial development and to adjust the landscaping and holding regulations. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2005 -198 is amended by deleting clauses (j) and (m) of section 2 and section 4 and inserting the following: "2(j) Maximum floor area of the 1400 square metres multi - purpose building 2(m) Minimum landscaped open 15% of the lot area, which shall include a 5 space metre wide planting strip between a parking lot associated with the multi - purpose building and Kalar Road and a 15 metre wide planting strip along the Brown Road and Kalar Road road allowances in all other locations, save and except for any driveway entrances 4. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. 5. No person shall use the land described in section 1 of this by -law and shown hatched and designated RCE(H) and numbered 654 for any purpose prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, an adequate storm sewer system shall be available to service the land in accordance with a storm water management plan which has been accepted by the City and the Niagara Peninsula Conservation Authority and the owner of Thompson's Creek, which system and plan shall conform with the report prepared by Upper Canada Consultants dated August, 2005. 6. Notwithstanding section 5 of this by -law, the construction of the multi - purpose building and associated parking area can proceed prior to the removal of the H symbol from the lands provided the associated storm water management plan has been accepted by the City and the Niagara Peninsula Conservation Authority and the owner of Thompson's Creek." 2. By -law No. 2005 -198 is amended by renumbering sections 5 and 6, accordingly. Passed this twelfth day of June, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2012 June 12, 2012 June 12, 2012 S:\ZONING \AMS \201211y - laws \Byam001(amending).wpd CITY OF NIAGARA FALLS By -Law No. 2012 - A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. WHEREAS Section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by -laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to pass by -laws imposing fees and charges for the use of waste management systems. use of sewage systems or the consumption of water. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2007 -161, is hereby amended by deleting the SCHEDULE OF RATES, FEES AND CHARGES attached to it and substituting therefor Schedule "A" to this amending by -Iaw, being the Schedule of Water Rates. Sewer Rates, Fees and Charges. 2. Repeal By -law 2011 -50. Passed this twelfth day of June, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2012 June 12, 2012 June 12, 2012 Schedule "A" SCHEDULE OF RATES, FEES AND CHARGES After Before 1. Service charges: Due Date Due Date 15 mm meter S 23.00 S 21.90 monthly 18 mm meter $ 23.00 S 21.90 monthly 25 mm meter $ 23.00 S 21.90 monthly 37 mm meter $ 68.99 S 65.70 monthly 50 mm meter S 137.98 S 131.41 monthly 75 mm meter S 275.96 S 262.82 monthly 100 mm meter $ 505.92 $ 481.83 monthly 150 mm meter $ 965.86 $ 919.87 monthly 200 mm meter $1,724.75 S1,642.62 monthly 250 mm meter $2,414.64 $2,299.66 monthly 2. Water rates: After Before Due Date Due Date $ 0.9663 S 0.9203 per cubic metre 3. Flat rates for a private water service not metered by choice or other determination of the City: After Before Due Date Due Date $ 51.19 548.75 monthly includes 30m3 of usage 4. Flat rates for a private water service not metered because of refusal of owner: After Before Due Date Due Date $ 153.56 $ 145.25 monthly 3 x the rate 5. Billing period: Minimum of one month. 6. Service deposits: Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: (a) Service charge as set out in section 1: 92.15% -3- (b) Water rates as set out in section 2: 108.53% (c) Flat rates as set out in sections 3 and 4: 109.80% 8. Charge for Installation of Water Service: (a) 3/4" Service: 51,650.00 (b) Over 3/4" Service Actual cost - Deposit required based on estimated costs. 9. Charge for shutting off or turning on supply of water (for arrears): (a) During normal working hours: $ 55.00 (b) Outside normal working hours: $ 175.00 Note: For the purpose of this by -law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4:00 p.m. 10. Charge for meter removal or reinstallation (for maintenance): (a) During normal working hours: (b) Outside normal working hours: $ 34.00 per hour /per city employee $ 175.00 per hour /per city employee 11. Charge for Testing Meter Consumption: At cost with a deposit of $75.00 12. Bulk carrier rate for City stand -pipe: (a) For Water $ 1.15 per cubic metre Cost plus 25 °/ (b) Service deposit: Based on estimated charges for two billing periods. minimum of $500.00. (c) Bulk water card purchase S15.00 13. Use of Water for Construction Purposes: (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: (a) Per transaction fee of $22.00. 15. Charge for meter purchase to be paid at building /sewer permit issuance. 5/8" positive displacement water meter & costs $ 203.79 5/8" x 3/4" positive displacement water meter & costs $ 205.15 3/4" positive displacement water meter & costs $ 239.79 1" positive displacement water meter & costs $ 324.50 1.5" positive displacement water meter & costs $ 636.42 2" compound water meter & costs $ 2,400.18 3" compound water meter & costs $ 3,201.01 4" compound water meter & costs $ 4,794.03 5" compound water meter & costs $ 8,652.58 4" protectus compound water meter & costs $ 8,660.55 6" protectus compound water meter & costs $ 10,388.69 8" protectus compound water meter & costs $ 14,493.49 10" protectus compound water meter & costs $ 19,389.67 wall transmitter $ 205.28 pit transmitter $ 260.01 CITY OF NIAGARA FALLS By-law No. 2012 - A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 80 -114 is amended by adding Schedule "B -80" attached hereto. Passed this twelfth day of June, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2012. June 12, 2012. June 12, 2012. COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town & Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Schedule "B -18" Kalar Road and Coventry Road Schedule "3 -19" COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -1" Schedule `B -2" Schedule ``B -3" Schedule "B -4" Schedule "B -5" Schedule "B -6 "" Schedule "B -7"" Schedule `B -8" Schedule "B -9" Schedule "B -10" Schedule "B -11" Schedule "B -12" Schedule "B -13'" Schedule "B -14" Schedule ``B -15" Schedule "B -16" Schedule "B -17" Ailanthus Avenue Oakwood Drive St. Paul Avenue Schedule "B -20" Schedule "B -21" Schedule "B -22" COLUMN 1 SITE Brockway Business Centre Niagara South Condominium No. 28 Niagara South Condominium No. 19 Brookside Village Co- Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets Ameri -Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non -Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project - 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada First Professional Management Inc. COLUMN 2 LOCATION Montrose and Thorold Stone Roads 5100 Dorchester Road 5150 Dorchester Road 8175 McLeod Road 4230 Meadowvale Drive 8481 Earl Thomas Avenue Morrison Street and Dorchester Road 8444 Lundy's Lane 3955 Portage Road 3516 Main Street COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -23" Schedule `'B -24 " Schedule ``B -25" Schedule "B-26" Schedule "B -27" Schedule `'B -28 " Schedule ``B -29" Schedule "B -30" Schedule "B -31" Schedule "B -32" 8055 McLeod Road and 8065 Schedule "B -33" McLeod Road 5088 Drummond Road Mewburn Road Schedule "B -34" Schedule "B -35" 6453 Colborne Street and 6476 Schedule "B -36" Huggins Street 5795 Don Murie Street 7190 Morrison Street Schedule "B -37" Schedule '`B -38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium Canada One Factory Outlet Mall COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 - 33, 36 - 39, 42 - 45 and 48 -51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road 7500 Lundy's Lane COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -39" Schedule "B -40" Schedule "B -41" Schedule "B -42'" Schedule ''B -43" Schedule "'B -44" Schedule "B -45" Schedule "B -46" Schedule '`B -47" Schedule "B -48"" Schedule ``B -49 " Schedule "B -50" Schedule "B -51" Schedule "B -52" Schedule "B -53- Schedule "B -54" Schedule "B -55" Schedule "B -56" Schedule "B -57" COLUMN 1 SITE Niagara South Condominium Corporation No. 4 - Park Royal Niagara Catholic District School Board - West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments Panoramic Properties Inc. 1251549 Ontario Limited and 623381 Ontario Inc. Condominium Omada Homes Inc. Brighton Condominiums COLUMN 2 LOCATION 3322 Addison Street 3900 Kalar Road 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road 7591 Scholfield Road 6167 - 6175 -6181 Dorchester Road 6928 Ailanthus Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -58" Schedule "B -59" Schedule "B -60" Schedule "B -61" Schedule "B -62" Schedule "B-63" Schedule "B -64" Schedule 'B -65" Schedule "B -66" Schedule "B -67" Schedule "B -68" Schedule `B -69" Schedule "B -70" Schedule ``B -71" Schedule "B -72" Schedule "B -73" Schedule "B -74" 3915 Portage Road Schedule ``B -75" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Thundering Waters Condominiums Langendoen Homes Ltd. - Meadowcreek Homes Marken Homes 6000 Marineland Parkway 2634 St. Paul Avenue 9440 Eagle Ridge Drive Weinbrenner Place Inc. 3401 - 3421 Weinbrenner Road Niagara South Standard Condominium Corporation No. 104 (Valley Way Townhomes) 6263 Valley Way Schedule "B -76" Schedule "B -77" Schedule "B -78" Schedule "B -79 " Schedule "B -80 " 6i:HEDULE "B -'°" Street Lamps Proprosed ,--- Fire Route 6263 Valley Way Fire Route Request CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12`h day of June, 2012. 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 12" day of June, 2012 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twelfth day of June, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2012 June 12, 2012 June 12, 2012