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Additions to Council, July 24, 2012ADDITIONS TO COUNCIL, TUESDAY, JULY 24, 2012 COUNCIL In Camera 1. Revised In Camera resolution Planning 1. PD- 2012 -36 - Proposed Change from Residential Loan to Residential Grant for the Downtown Community Improvement Plan - Revised a) Attachments, Appendix 1 & 2 Transportation Matters 1. TS- 2012 -30 - WEGO Operations, Maintenance and Storage Facility Class B Cost Estimate Update. a) Copy of power point presentation for the proposed Niagara Falls Bus Maintenance Facility. Communications 1. The Friend's of the Lundy's Lane Battlefield - request that Council endorse the resolutions provided. RECOMMENDATION: For the Consideration of Council Resolutions 1. Additional Resolution WHEREAS eliminating and /or reducing rail, as an alternative method of transportation, in and out of Niagara Falls, is detrimental to the growth and expansion of Niagara Falls businesses, our tourist trade and the overall economic sustainability and development along the Niagara and GTA corridor. THEREFORE BE IT RESOLVED that Niagara Falls City Council petition the Federal Members of Parliament for Niagara, namely, Rob Nicholson, Niagara Falls MP; Rick Dykstra, St. Catharines MP; Malcolm Allen, Welland MP; and Dean Allison, Niagara West — Glanbrook MP and the President and CEO of VIA Rail, Marc Laliberte, to appeal the cancellation of services and insist that VIA Rail services continue uninterrupted in Niagara Falls. By -laws 1. Request from Don DeLorenzo, Daniel & Partners LLP to address Council Re: By -law 2012 -61 & 62 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on July 24, 2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject matter under s. 239(2)(d) labour relations and s. 239(2)(f), advice that is subject to solicitor - client privilege. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagara,Falls ���n� APPENDIX 1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -20 May 29, 2012 SUBJECT: PD- 2012 -20 Proposed Change from Residential Loan to Residential Grant for Downtown Community Improvement Plan Area RECOMMENDATION That Council support the following: 1. A change be made to the Downtown CIP Residential Loan Program to a Residential Grant Program to encourage the renovation of older apartments and unused vacant space above businesses to stimulate the economic recovery of the Downtown area. 2. That the maximum grant be for 50% of the eligible funds up to $15,000 ($7,500 from the City and $7,500 from the Region) per unit based on a minimum renovation of $30,000 and there be an expenditure cap of $150,000 or 20 units in 2012 and the same amount or number of units in 2013. 3. That the Residential Grant Program come into effect on June 1, 2012 and be established until the end of 2013. EXECUTIVE SUMMARY The Downtown has lost a number of businesses over the past couple of years. New residents living downtown is seen as a critical factor in supporting and keeping commercial uses. As a measure to help stimulate residential development and economic recovery within the Downtown, the Downtown BIA has suggested that the Residential Loan Program be changed to a Residential Grant Program. This program change is intended to encourage the renovation of older vacant apartments that have come under serious disrepair and vacant floor space above businesses in the Downtown. Staff recommends that there be a cap of $150,000 or 20 units in 2012 and a further $150,000 or 20 units in 2013. BACKGROUND On October 19, 2009, Council deferred part of Report PD- 2009 -63 recommending a change to the financial incentive programs for the Downtown which would have allowed Residential Grants along Queen Street and Erie Avenue. A further report was contemplated that would have seen a third party provide funding to cover the portion of May 29, 2012 - 2 - PD- 2012 -20 funds from the City. This latter proposal never proceeded to Council for their consideration. The Residential Loan Program has been available for seven years and only four applications have been approved within the Downtown area. As noted previously, the Downtown has lost a number of businesses over the past couple of years. It will be difficult to entice quality businesses to return to Downtown without generating more pedestrian traffic as many businesses are simply not sustainable with the limited amount of foot traffic now being experienced. Council has supported a number of initiatives in the past that have improved the appearance of Downtown. Not only have we seen a number of new facades and commercial building improvements, there has been almost $2.3 million of government funding provided to improve underground services, streetscaping with new sidewalks and street furnishings, decorated arches, historic street and building signs. It is expected that the streetscaping will be completed by early summer of this year. ANALYSIS Staff monitors the number of applications received under the financial incentive programs on an ongoing basis and works with landowners within the CIP areas encouraging the carrying out of improvements on their property. The intent of the financial incentive programs is to stimulate redevelopment and private sector investment. If certain programs are not working, Staff feels there is an obligation to advise Council and to propose changes to programs to meet the objectives of the Community Improvement Plan. There is a considerable amount of underutilized floor space above commercial buildings in the Downtown area. Through the proposed program change, it is hopeful that older apartments in disrepair will be improved and vacant space will be constructed with new residential apartments. The recommended program requirements for the change from a residential loan to a residential grant is as follows: 1. Grants will be paid to the landowner, only after all work is completed and all receipts are submitted to the satisfaction of the City. 2. Tenants are not eligible to receive the grant. 3. There be only one application accepted from each property owner (ie. Units which are served by a common doorway and interior hallway). 4. The landowner must spend a minimum of $10,000 per unit to be eligible for 50% grant (ie. $5,000 split between the City and Region). The maximum Grant will be $15,000 split with the Region (necessitating an expenditure of $30,000). 5. Ineligible items will include interior painting, cleaning, labour carried out by the owner, minor repairs such as patching holes in drywall, replacement of faucets, shower heads, appliances, etc. 6. Replacement windows should be applied for through the Commercial Building Facade program. May 29, 2012 - 3 - PD- 2012 -20 When contacting other municipalities that have CIP programs, we found there to be a mix of municipalities who provided residential grants and those that provide residential loans. We acknowledge that grants are easier to administer and are more attractive to landowners. The City of St. Catharines has a residential grant program and they have approved almost 200 new residential housing units in their downtown. If there are 40 improved and/or new apartments over the next year and a half in the Downtown, it would have a positive impact on the economy of the Downtown. FINANCIAL IMPLICATIONS At present, there are three CIP programs, Downtown, Historic Drummondville and City Wide. The latter program is specific to Brownfield rehabilitation while the other two are specific to these urban areas. The incentive programs were established to encourage redevelopment and reinvestment in the areas. As indicated, the residential grant program for Downtown CIP has not been widely utilized since inception and other incentives are being considered. At the inception of the CIP programs, there was a budget allotment in the General Purposes Budget for each CIP. In 2010, the annual budget allotment was eliminated during budget deliberations since the annual expenditures on the programs were not being fully utilized. The annual unspent amount was transferred in each year to a specific special purpose reserve for each program. Since that time, there has been no additional CIP money approved and the incentives have been funded from these reserves. At the time that the funding was eliminated from the budget, Council also directed staff to consolidate the three reserves into one fund. However, the Main and Ferry BIA requested that their portion of reserve be used to acquire the Serbian Cultural Centre as part of the redevelopment of the Sylvia Place Market as well as remain available for incentive programs. The Main and Ferry BIA believe that a new Market would be a catalyst for the economic rejuvenation of the Historic Drummondville area. The City has recently purchased this building and have fully utilized the portion of the reserve dedicated to this CIP. In fact, during 2011 Council approved a transfer of $50,000 from the City Wide CIP to the Historical Drummondville CIP to fund approved incentive programs. On the other hand, the Downtown BIA has not made requests to dedicate its available funding in the reserve for any land or building acquisitions. Rather the BIA feels that by encouraging more people to live and work Downtown, a positive economic impact will result for the area and City. It is their belief that a change to a grant program from a loan program will provide the initiative for this and are in support of staffs recommendation. The projected annual grant program of $150,000 for 2012 and 2013 can be accommodated in the remaining reserve of approximately $600,000. A further positive of this change is that the Niagara Region has recently enhanced its financial incentives programs and based on a Residential Grant of $15,000, they would contribute 50% or $7,500 per residential unit. CITY'S STRATEGIC COMMITMENT The Downtown has undergone considerable change over the past few years. The BIA has proposed a change to the residential loan program to a grant program to help stimulate new residential development in the Downtown. Such development would have a positive May 29, 2012 - 4 - PD- 2012 -20 impact by increasing the number of residents living in the Downtown. Additional residents will strengthen and promote economic development within the Downtown which satisfies one of Council's strategic priorities. To encourage the success of the Downtown, the program change from a Residential Loan to a Residential Grant is being proposed. Recommended by: Respectfully submitted: /�..�/ e. Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer B.Bolibruck:mb S: \PDR\2012 \PD- 2012 -20, Proposed Change from Residential Loan to Residential Grant for Downtown CIP.wpd APPENDIX 2 Section 500. ?? 1. Applications for Residential Grants will be received within a 60 day in -take period as established by the City. All applications will be reviewed on their own merits and may be weighted based on type of renovations, extent of renovations, extent of new construction and ability to be a catalyst for additional development. There is no guarantee that all applications will receive a grant. The funds may be proportionally distributed with a maximum amount being $10,000 per unit ($5,000 from the City and $5,000 from the Region). 2. There be only one application accepted from each property address (ie. Units which are served by a common doorway and interior hallway). 3. Grants will be paid to the landowner, only after all work is completed and all receipts are submitted to the satisfaction of the City. 4. Tenants are not eligible to receive the grant. 5. The landowner must spend a minimum of $20,000 per unit to be eligible for 50% grant of $10,000 (ie. $5,000 from City and $5,000 from the Region). 6. Ineligible items will include interior painting, cleaning, labour carried out by the owner, minor repairs such as patching holes in drywall, replacement of faucets, shower heads, appliances, etc. 7. Eligible items will include changes that will provide barrier free accessibility, installing /upgrading of fire protection systems, major structural repairs to walls, ceilings, floors and foundations, extensions /upgrading of plumbing and electrical services for the creation of habitable space. 8. Replacement windows should be applied for through the Commercial Building Facade program. 9. The property owner will have one year from the date of Council approval to complete the work. If the work is not completed within the 1 year period, the owner risks losing the grant. In such cases, the owner must apply for an extension with adequate rationale as to why he /she cannot satisfy the 1 year approval period. S: \OFADMIN \POLICIES \Updated Policies & Procedures \ResidentialGrantProg.wpd DATE EFFECTED PROGRAM: PLANNING, BUILDING & DEVELOPMENT DATE OF REVISION DOWNTOWN CIP RESIDENTIAL GRANT June 26, 2012 PROGRAM Section 500. ?? 1. Applications for Residential Grants will be received within a 60 day in -take period as established by the City. All applications will be reviewed on their own merits and may be weighted based on type of renovations, extent of renovations, extent of new construction and ability to be a catalyst for additional development. There is no guarantee that all applications will receive a grant. The funds may be proportionally distributed with a maximum amount being $10,000 per unit ($5,000 from the City and $5,000 from the Region). 2. There be only one application accepted from each property address (ie. Units which are served by a common doorway and interior hallway). 3. Grants will be paid to the landowner, only after all work is completed and all receipts are submitted to the satisfaction of the City. 4. Tenants are not eligible to receive the grant. 5. The landowner must spend a minimum of $20,000 per unit to be eligible for 50% grant of $10,000 (ie. $5,000 from City and $5,000 from the Region). 6. Ineligible items will include interior painting, cleaning, labour carried out by the owner, minor repairs such as patching holes in drywall, replacement of faucets, shower heads, appliances, etc. 7. Eligible items will include changes that will provide barrier free accessibility, installing /upgrading of fire protection systems, major structural repairs to walls, ceilings, floors and foundations, extensions /upgrading of plumbing and electrical services for the creation of habitable space. 8. Replacement windows should be applied for through the Commercial Building Facade program. 9. The property owner will have one year from the date of Council approval to complete the work. If the work is not completed within the 1 year period, the owner risks losing the grant. In such cases, the owner must apply for an extension with adequate rationale as to why he /she cannot satisfy the 1 year approval period. S: \OFADMIN \POLICIES \Updated Policies & Procedures \ResidentialGrantProg.wpd APPENDIX 2 Section 500. ?? 1 Applications for Residential Grants will be received within a 60 day in -take period as established by the City. All applications will be reviewed on their own merits and may be weighted based on type of renovations, extent of renovations, extent of new construction and ability to be a catalyst for additional development. There is no guarantee that all applications will receive a grant. The funds may be proportionally distributed with a maximum amount being $10,000 per unit ($5,000 from the City and $5,000 from the Region). 2. There be only one application accepted from each property address (ie. Units which are served by a common doorway and interior hallway). 3. Grants will be paid to the landowner, only after all work is completed and all receipts are submitted to the satisfaction of the City. 4. Tenants are not eligible to receive the grant. 5. The landowner must spend a minimum of $20,000 per unit to be eligible for 50% grant of $10,000 (ie. $5,000 from City and $5,000 from the Region). 6. Ineligible items will include interior painting, cleaning, labour carried out by the owner, minor repairs such as patching holes in drywall, replacement of faucets, shower heads, appliances, etc. 7. Eligible items will include changes that will provide barrier free accessibility, installing /upgrading of fire protection systems, major structural repairs to walls, ceilings, floors and foundations, extensions /upgrading of plumbing and electrical services for the creation of habitable space. 8. Replacement windows should be applied for through the Commercial Building Facade program. 9. The property owner will have one year from the date of Council approval to complete the work. If the work is not completed within the 1 year period, the owner risks losing the grant. In such cases, the owner must apply for an extension with adequate rationale as to why he /she cannot satisfy the 1 year approval period. S: \OFADMIN \POLICIES \Updated Policies & Procedures \ResidentialGrantProg.wpd DATE EFFECTED PROGRAM: PLANNING, BUILDING & DEVELOPMENT DATE OF REVISION DOWNTOWN CIP RESIDENTIAL GRANT June 26, 2012 PROGRAM Section 500. ?? 1 Applications for Residential Grants will be received within a 60 day in -take period as established by the City. All applications will be reviewed on their own merits and may be weighted based on type of renovations, extent of renovations, extent of new construction and ability to be a catalyst for additional development. There is no guarantee that all applications will receive a grant. The funds may be proportionally distributed with a maximum amount being $10,000 per unit ($5,000 from the City and $5,000 from the Region). 2. There be only one application accepted from each property address (ie. Units which are served by a common doorway and interior hallway). 3. Grants will be paid to the landowner, only after all work is completed and all receipts are submitted to the satisfaction of the City. 4. Tenants are not eligible to receive the grant. 5. The landowner must spend a minimum of $20,000 per unit to be eligible for 50% grant of $10,000 (ie. $5,000 from City and $5,000 from the Region). 6. Ineligible items will include interior painting, cleaning, labour carried out by the owner, minor repairs such as patching holes in drywall, replacement of faucets, shower heads, appliances, etc. 7. Eligible items will include changes that will provide barrier free accessibility, installing /upgrading of fire protection systems, major structural repairs to walls, ceilings, floors and foundations, extensions /upgrading of plumbing and electrical services for the creation of habitable space. 8. Replacement windows should be applied for through the Commercial Building Facade program. 9. The property owner will have one year from the date of Council approval to complete the work. If the work is not completed within the 1 year period, the owner risks losing the grant. In such cases, the owner must apply for an extension with adequate rationale as to why he /she cannot satisfy the 1 year approval period. S: \OFADMIN \POLICIES \Updated Policies & Procedures \ResidentialGrantProg.wpd Proposed Niagara Falls Bus Maintenance Facility Detailed Design, Class B Cost Estimates and the Recommended Option July 24, 2012 Council Directions Oct. 2011 /Jan. 2012 • Combine the "WEGO" and Niagara Falls Transit Operations — One Integrated Operation • Maximize the Use of Provincial, Federal and GO Funding • Examine Indoor Bus Storage Options • Accommodate 12 GO Transit Double Decker Buses • Investigate Cost Reductions 2 The Last 6 Months • Identified a New Site — Montrose Business Park ($3.5 M in Avoided Costs) • Completed Detailed Design to 80% • Produced Class B ( ±10 %) Cost Estimates • Finalized a Value Engineering Assessment - Reduced Spaces and Eliminated Features - Integrated Uses - Consolidated Administrative Spaces - Consulted Mayor's Disability Committee • Submitted Draft Environmental Assessment to MOE - Impacts Can Be Mitigated - Public Information Centre on August 20th, 2012 3 Project Background • Project Contributions: ($22,300,000) — "WEGO" Funding - $18,300,000 - Federal & Ontario — GO Transit Contribution - $4,000,000 - Service Lane, Indoor Storage, Bus Wash — Number of Buses Serviced (2012/2013) is 63 - 26 Niagara Falls Transit - 3 Inter Municipal Transit - 16 " WEGO" (11 Articulated) = 22 - 12 GO Transit Commitment (currently servicing 6) - Out of Town Bus Service 4 The Site • Site Size — 4.5 hectares (11 acres) • Located on Kalar Road (Near Brown) • Access via Montrose Road /Brown Road to Kalar • Property Zoned for Industrial Uses • Fully Serviced • Suitable Geotechnical Setting 5 Design Considerations • Administrative, Maintenance & Bus Storage • Address Needs of "WEGO" and GO Transit Buses • Buses Move in a Counter Clockwise Manner to Minimize Backup Noise • Fully Accessible for Employees and Visitors • Security Features to Protect City Assets, Visitors and Money Handling Practices • Equivalent to "LEED Gold" • Value Engineered to Reduce Cost & Space Major Design Changes • Building Size Reduced by 20% • Eliminated One Service Lane (3 to 2) • Indoor Storage Spaces Reduced by 40% • Removed Parking Operations Space • Reduced Administration Space by 12% • Utilized Maintenance Area as Indoor Storage (25 %) 8 Administrative Space Reductions • Reduced administrative space by over 2,000 ft2 ($355,000) by consolidating spaces and uses • Removed conference room and coffee room /storage area — one multi - purpose room • "Squeezed" the building to further reduce space, offices, servicing and cost • Administrative space is approximately 12% of the total building 9 Class "B" Building Cost Estimate • Reflects the Completion of Detailed Design to 80% ( ±10 %) — Includes 2 Indoor Storage Options — 60% (36 Bays) and GO Only (12 Bays) • Estimate Actual Spaces and Costs — Administration (12 %) $2.4 M ($170 /ft2) — Bus Maintenance (49 %) $14.7 M ($262/ft2) — Bus Storage at 60% (39 %) $4.8 M ($143/ft2) — Site Servicing $1.3 M $23.2 M 10 The Preferred Option • Integrated Operations • 36 Indoor Storage Bays (Incl. 12 for GO) • Some Indoor Storage in Maintenance Area (up to 16 Buses) — 80% Storage Capability • Will require a $5.3 M Contribution from the City 12 Summary of Total Building Construction Project $23.2 Costs ($M) $20.7 Site Development $0.5 $0.5 Architectural & Professional Fees $2.5 $2.5 Owner Allowances $1.0 $1.0 Non Refundable HST (1.76 %) $0.4 $0.4 Total $27.6 M $25.1 M Less Funding $22.3 $22.3 Difference $5.3 M $2.8 M 11 The Preferred Option • Integrated Operations • 36 Indoor Storage Bays (Incl. 12 for GO) • Some Indoor Storage in Maintenance Area (up to 16 Buses) — 80% Storage Capability • Will require a $5.3 M Contribution from the City 12 The Argument for Indoor Storage • 100% is the Operating Standard in Ontario • Niagara Falls Now Stores Over 80% of Fleet • Preferred Option = 80% Capability Including Use of Maintenance Area • Outdoor Storage Impacts Vehicle Life ($23 M), Operations, Level of Service and Repair Costs 13 City Investment Benefits • $5.3 M is 19% of Project Cost • Estimated Cost ($2012) to Replace Existing Facility - $15 M • Estimated $5 -$6 M in Repairs to Existing Buildings • A 50+ Year Investment in Transit • Maximizing the $22.3 M Contributions • Doubling the Size of Fleet Serviced • Capability to Service Out of Town Buses 14 Next Steps • Establish Preferred Option • Finalize Design — Value Engineering • Pre Qualify Contractors • Finalize Tender & Initiate Competitive Bids • Final Cost to Council and Award Tender • Complete Construction — Winter 2014 15 Page 1 of 1 Teresa Fabbro - Resolutions Required for Lundy's Lane Battlefield Commemorative Parks Funding Applicaitons From: Bill Colclough <colclough@cogeco.ca> To: Dean Iorfida <diorfidaC&niagarafalls.ca> Date: 7/23/2012 2:36 PM Subject: Resolutions Required for Lundy's Lane Battlefield Commemorative Parks Funding Applicaitons CC: <tarichardson asullivanmahoney.com> Attachments: resolutions.docx Dean, Please include the following information and attachment on the Tuesday, July 24th Council agenda. A project triage has already been conducted between the program officers for the 1812 Commemoration Fund and the Building Communities Through Arts and Heritage Component III Legacy Fund. The 1812 Commemoration Fund will provide funding for Phase III (park development) of the Lundy's Lane Battlefield Commemorative Park Project. A formal expression of interest from the Friends of the Lundy's Lane Battlefield is on file with the program officer. The Building Communities Through Arts and Heritage Component III Legacy Fund project officer has indicated Phase II (demolition) meets their criteria. They are awaiting the filing of a complete application package by the Friends of the Lundy's Lane Battlefield. One of the components required is: " a letter of support from the municipal administration or equivalent authority that includes endorsement of the capital project to commemorate the anniversary." Since there is no Council meeting scheduled between tomorrow and September 11, the resolution endorsing the project needs to be passed tomorrow or the application will be held up. In light of the six - month timeline given the Friends to get the project funding in place, time is of the essence. Our solicitor has been seeking a meeting with the City solicitor to discuss a contribution lease agreement which would save thousands of dollars in land transfer fees. It is that proposed lease to which the second resolution pertains. The Friends of the Lundy's Lane Battlefield respectfully request Council pass the attached resolutions. Your Truly. Bill Colclough President The Friends of the Lundy's Lane Battlefield file: / /C:ADocuments and Settings \tn206 \Local Settings \Temp \XPgrpwise \500D74A 1 Domai... 7/23/2012 Resolution No. Moved by Seconded by WHEREAS the Government of Canada, through the Department of Canadian Heritage, has created nationally the Building Communities Through Arts and Heritage Program; and WHEREAS the Building Communities Through Arts and Heritage Program Component III Legacy Fund provides funding for community capital projects that commemorate a local historical anniversary of 100 years or greater, in increments of 25 years; and WHEREAS the Friends of the Lundy's Lane Battlefield's "Lundy's Lane Battlefield Commemorative Park" (the "Project ") is a capital project that will restore, renovate, and transform an existing building or exterior space by restoring a key part of the US position at the War of 1812 battle site; expanding the park land; improving the viewscape from the British position and interpretive capabilities at the site by removing a serious constraint; and creating memorials marking the US position and commemorating the Black, Aboriginal and Women's History associated with the site, and a Celebration Place supporting other nearby Black history sites; and WHEREAS a letter of support from the municipal administration or equivalent authority that includes endorsement of the capital project to commemorate the anniversary is a required part of an application to the Building Communities Through Arts and Heritage Program Component III Legacy Fund; THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls hereby endorses the Project commemorating the 200th anniversary of the Battle of Lundy's Lane . And the Seal of the Corporation be hereto affixed. Resolution No. Moved by Seconded by WHEREAS the Government of Canada, through the Economic Action Plan 2012, has announced nationally over the next two years for a new Community Infrastructure Improvement Fund (CIIF); and WHEREAS the CIIF will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities; and WHEREAS the Friends of the Lundy's Lane Battlefield's "Lundy's Lane Battlefield Commemorative Park" (the "Project ") envisions restoration of a key part of the US position at the War of 1812 battle site; expansion of the park land; improvements to the viewscape from the British position and to interpretive capabilities at the site by removal of a serious constraint; memorials marking the US position and commemorating the Black, Aboriginal and Women's History associated with the site; and a Celebration Place supporting other nearby Black history sites; and WHEREAS the Project will provide greater passive park amenities and restoration of a critical section of a historical site; and WHEREAS to apply within the current funding window the Friends of the Lundy's Lane Battlefield require a Landlord Authorization for the Project; THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls affirms its willingness to provide a Landlord Authorization for the Lundy's Lane Battlefield Commemorative Park Project to permit its consideration for the Community Infrastructure Improvement Fund (CIIF) And the Seal of the Corporation be hereto affixed. The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS VIA Rail recently announced cuts to service that will see, in the Fall, the elimination of on -site ticket agents at the Niagara Falls Train Station, located at 4320 Bridge Street; and WHEREAS there is conjecture that train service to Niagara Falls could be reduced to one route a day; and WHEREAS the residents of Niagara Falls depend on the VIA Rail service for daily business travel, transportation to college and university and for vacation purposes; and WHEREAS our community is a tourist mecca in which we host millions of visitors a year; and WHEREAS many of our community's visitors depend on VIA rail service to get to our municipality or go on to other destinations; and WHEREAS having less frequent rail service will make Niagara Falls less attractive to a certain segment of the travelling public; and WHEREAS the province has projected significant growth between the Niagara and the GTA corridor over the next 5 -10 years; and WHEREAS '`rail" service is an encouraged mode of transportation identified by the Ministry of the Environment; and WHEREAS Niagara Falls, New York has identified the importance of this mode of transportation by building a rail station that will service a high speed rail running from New York City to their community; and WHEREAS the American high speed rail service will undoubtedly bring many visitors to the "doorstep" of our community; and WHEREAS eliminating and /or reducing rail, as an alternative method of transportation, in and out of Niagara Falls, is detrimental to the growth and expansion of Niagara Falls businesses, our tourist trade and the overall economic sustainability and development along the Niagara and GTA corridor. THEREFORE BE IT RESOLVED that Niagara Falls City Council petition the Federal Members of Parliament for Niagara, namely, Rob Nicholson, Niagara Falls MP; Rick Dykstra, St. Catharines MP; Malcolm Allen, Welland MP; and Dean Allison, Niagara West — Glanbrook MP and the President and CEO of VIA Rail, Marc Laliberte, to appeal the cancellation of services and insist that VIA Rail services continue uninterrupted in Niagara Falls AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR 07/23/2012 MON 13:09 FAX 905 688 5725 Niagara Law Daniel & Partners LLP LAWYERS Monday, July 23, 2012 Clerk's Office City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Dean lorfida Dear Sir: 0001/001 SENT VIA FAX TO: 905 -356 -9083 RE: Clifton Hill and Fallsview Tourist Areas - Parking Amendments Our File No.: 44056 Your File No.: AM- 2011 -002 We are the lawyers for Beefeater (Niagara) Limited, C.I. Burland Properties Limited, Niagara Clifton Motor Inn Limited, HOCO Limited and IPCO. We request an opportunity to address Council with respect to the draft proposed amendments to the Official Plan and Zoning By -Law at the Council meeting on Tuesday, July 24, 2012. Specifically our comments will urge Council to include the permitted uses set out in clauses n (exhibitions of wax works, natural or artificial curiosities and /or freaks of nature), s (museums), as (recreational uses, which include miniature golf) and dd (sightseeing tour establishments and information centres) at section 8.6.1 of Zoning By -Law No. 79 -200, in order to accomplish the goal of extending the parking exemption for retail stores, restaurants, attractions and similar uses, as set out in Planning, Building & Development report PR- 2012 -37. We trust you find this request to your satisfaction. Respectfully, Daniel & Partners LLP Per: Donald C. D ° orenzo DCD:SJD Donald C. DeLorenzo Partner P.O. Box 24022 39 Queen Street, St Catharines, ON L2R 7P7 T: (905) 688 -9411 F: (905) 688 -5747 E: delorenzod @niagaralaw.ca www.niagaralaw.ca