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2012/12/11COUNCIL MEETING Tuesday, December 11, 2012 Order of Business and Agenda Package NiagaraJa11s COUNCIL MEETING December 11, 2012 PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of November 27, 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. BUDGET (5:00 TO 7:00 P.M.) The Director of Municipal Works and, time permitting, the Directors of Planning and Business Development will make presentations regarding their respective departments. 2. F- 2012 -55 - Niagara Falls Community Outreach PLANNING MATTERS (7:00 P.M.) Public Meeting AM- 2012 -013, Zoning By -law Amendment Application 26T -11- 2011 -01, Revision to Draft Approved Plan of Subdivision Optimist Park - Revision to Subdivision River Realty Development (1976) Inc. Background Material: Recommendation Report: PD- 2012 -74 -AND - Correspondence from Gino Capitano Correspondence from Joel Farber, Fogler Rubinoff LLP 2 Public Meeting AM- 2012 -012, Zoning By -law Amendment Application 5990 Thorold Stone Road Applicant: Peter Coutu Proposed Used Car Lot Background Material: Recommendation Report: PD- 2012 -75 REPORTS 1. PD- 2012 -76 - Telecommunication Facility Consultation, 5499 Kalar Road, Summit Telecom Services on Behalf of Rogers Communications Inc. PROPERTY MATTERS Mayor Diodati will request whether there is anyone present that has an interest in the following property matter: 1. L- 2012 -22 - Permanently Close and Declare Surplus Part of the Road Allowance between Township Lots 119 & 120 Uppers Lane MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. FX WORX INC. - Request approval to shoot fireworks off the Skylon Tower on New Years Eve. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. RATIFICATION OF "IN CAMERA" 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. CD- 2012 -11 - Adult Entertainment Hearing, November 27 F- 2012 -58 - Municipal Accounts F- 2012 -60 - Approval of Interim 2013 Spending Limits F- 2012 -62 - 2013 Schedule of Fees for Services MW- 2012 -13 - Falls Avenue (formerly Roberts Street) Gateway Landscaped Boulevard and Median Maintenance. MW- 2012 -63 - Quote# 79 -2012 For the Landscape Development of Edgewood Recreation Trail. MW- 2012 -64 - Municipal Infrastructure Investment Initiative Capital Program - Expression of Interest. TS- 2012 -40 - RFP 87 -2012 Supply of 40' Conventional Buses RESOLUTIONS THEREFORE BE IT RESOLVED that the Expression of Interest to be submitted by the Corporation of the City of Niagara Falls is factually accurate and the Corporation of the City of Niagara Falls is committed to a comprehensive asset management plan by December 31, 2013. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -132 A by -law to provide for the adoption of Amendment No. 109 to the City of Niagara Falls Official Plan. (AM- 2012 -010) 2012 -133 A by -law to amend By -law No. 79 -200, to establish site specific land use regulations for a future residential plan of subdivision on the Lands and to repeal By -law No. 2000 -226. (AM- 2012 -010) 2012 -134 - 4 - A by -law to amend By -law No. 79 -200, in accordance with an Order issued by the Ontario Municipal Board dated November 28, 2012, to permit the Lands to be developed with one family detached and /or semi - detached dwellings or an on street townhouse dwelling. (AM- 2011 -014) 2012 -135 A by -law to provide for the adoption of Amendment No. 105 to the City of Niagara Falls Official Plan. (AM- 2012 -005) 2012 -136 A by -law to amend By -law No. 79 -200 to permit the construction of a 60 storey hotel and a 61 storey hotel on the Lands, subject to the removal of holding (H) provisions, and to repeal By -law No. 1981 -019. (AM- 2012 -005) 2012 -137 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2012 -138 A by -law to authorize the execution of an Agreement with the Regional Municipality of Niagara respecting road maintenance activities involving urban mowing of grassed boulevards and centre medians upon Regional lands for Falls Avenue from Stanley Avenue to Victoria Avenue. 2012 -139 2012 -140 2012 -141 2012 -142 A by -law to authorize the execution of an Agreement of Purchase and Sale with the Estate of Maria Brunetta, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. A by -law to authorize the payment of $2,823,359.21 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of December, 2012. NEW BUSINESS City of Niagara Falls 2013 OPERATING BUDGET Municipal Works Departmental Presentation Municipal Works (Overview) • Page Reference in Budget Book: Section 5 • Department Employee Complement: Status Engineering Operations Total 12/5/2012 1 Municipal Works (Overview) • Operations Employee Complement Breakdown: Operations Section Cemeteries v s x Environmental uServici e :eta Forestry # of Employees s Municipal Works (Overview) Major Activities: • Roadway Services • Winter Control Services • Street Lighting Services • Engineering Services • Fleet and Equipment Services • Storm Sewer Services • Recycling Collection Services • Pest Control Services • Railway Maintenance • Cemeteries • Parks • Landscape Design 12/5/2012 2 Municipal Works Pertinent Statistics: • Roads = 611 km (1,220 lane km) 52.4 km 1,108.6 km 59.1 km Sidewalks = 580 km (180 km receives winter maintenance) Streetlights = 9,667 Cemeteries = 18 and 1 Columbaria Parks = 80 + Parks,Trails and open spaces (907 acres) Trails = over 11 km (8.6 km are asphalt based) Urban Drainage = 295 km of Storm Sewer Rural Drainage = 54 km of ditches maintained Catch Basins = 8,100 Bridges = 71 Culverts = 75* *(does not include culverts less than 2 feet in diameter) • • • • Dirt Paved: ▪ Unpaved: • Equipment = over 300 pieces of equipment • Cartegraph requests (201 1) = 14,728 (2012YTD) = 13,976 5 Municipal Works Responsibility Centers and Associated Expenditures Responsibility 2013 Budget 2012 Budget Variance Variance 5 12/5/2012 3 i-- w 0 m Street Lighting Services: • Streetlight Power Charges d Municipal Works Responsibility Centers and Associated Expenditures Responsibility 2013 Budget Winter Control Services: • Paved Surface Maintenance $2,594,870 2012 Budget $2,654,485 Variance - $59,615 Variance -2.2% • : >:Sidewalk Maintenance $540,802 $474,188 $66,614 { 4.0% Streetlight Maintenance is low rap0114 $429,565 $421,265 $8,300 2.0% $700,000 $572,765 $127,235 22.2% 7 201.3 OPERATING BUDGET \lirytamfvus Municipal Works Responsibility Centers and Associated Expenditures Responsibility Engineering Services: • • Engineering Administration :.Development Services 2013 Budget 2012 Budget Variance $ $1,005,520 $956,030 $49,490 Variance 5.2% $282,093 $269,520 $- 12,5731 : 4.7% • Infrastructure Services $302,323 $254,3 16 $48,007 18.9% 6. Project & Construction $1,477,227 $.1,463,'726 • $13,501 • 0.9% Services ; Fleet and Equipment Services: • Fleet Services $2,937,425 $2,853,035 $84,390 3.0% 8 12/5/2012 4 Municipal Works Responsibility Centers and Associated Expenditures Responsibility 2013 Budget Storm Sewer Services : , • Storm Sewer Maintenance $743,506 Recycling Collection Services: • Recycling Collection $12,006 (Region) Pest Control Services: • Contracted Services Railway Maintenance: • Contracted Services 2012 Budget Variance $799,310 - $55,804 $11,468 $533 Variance 9b -7.0% $3,500 $ 1 13,000 $2,000 $1,500 . !pip '..,11111f1 $60,000 ,$53,6001' 75.0% 88.3% 9 Municipal Works Responsibility Centers and Associated Expenditures Cemeteries: Services:' • Cemeteries Grounds Maintenance ▪ Ce'metenes Facilities 1 ,; Servies' • Cemeteries Burial Services •° ▪ Cemetery. .`A u is ; Development: • Cemeteries Admin. Services 12/5/2012 5 Municipal Works Responsibility Centers and Associated Expenditures Responsibility 2013 Budget 2012 Budget Variance Variance Municipal Works Key Strategic Goals for 2013: • Capital Project Delivery Process • Cemetery Services — Service Delivery Review • Asset Management Plan Implementation • Operational Reviews — Roadside Mowing • Consulting Services Engagement Policy • Development Charges Background Study /By -law • Recreation Master Plan Implementation • Boulevard Restoration Policy • Street Tree /Urban Forest Management Inventory • Fleet Rental Rate /Rationalization Analysis 12/5/2012 6 12/5/2012 Municipal Works Issues and Funding Challenges: • Succession planning and staff development • Impact of growth on manpower, equipment resources • Public requests for higher level of service • Impact of climate change • Risk Management Concerns — Service Centre /Sidewalk Policy • Impact of under funding Capital Works Program !3 Municipal Works Budget Exclusions: • Equipment and Safety Coordinator • City Tree Inventory • Municipal Service Centre — Long -term Operational Plan, Office Renovations • Quality Control Clerk • Gardener - Cemeteries 14 12/5/2012 2013 OPERATING BUDGET Nla{ar , l�s City of Niagara Falls 2013 OPERATING BUDGET Planning, Building and Development Departmental Presentation 2013 OPERATING BUDGET MigararaM Planning, Building & Development • Pages 283 — 290 in Budget Book • Department Compliment Full Time - 14 PartTime — 1 Student • Major Activities: • Review, process and advise on all applications for commercial, residential and industrial development. • Maintain and update the City's Land Use Planning documents (Official Plan and Zoning By- law). • Provide zoning regulations to public, businesses and municipal departments. • Approve site plans for new commercial, industrial and apartment/townhouse projects. • Process applications for subdivision approval. • Process applications for minor variances and consents to sever through the Committee of Adjustment. • Administer Municipal Heritage Committee (designated property grants). • Administer Community Improvement Plans (CIPs) for community renewal and revitalization. 2 1 MaaaraJ'W# Planning, Building & Development • Pertinent Statistics: • Staffing accounts for 70% of budget. • Fees recover approximately 22.5% of budget costs. • Committee of Adjustment = full cost recovery. • Proposed Annual Budget $1,328,253 (Planning, CofA, Heritage). • 2.81 % year over year expenditure increase. • Number ofVehicles: • 1 vehicle (shared) 3 2013 OPERATING BUDGET tiiaFar>Jai /; Planning, Building & Development • Reviews Being Undertaken: • New Comprehensive Zoning By -law underway. • Implementation of Growth Plan policies. • Updates to Sign By -law. • Review of second dwelling units. • Review of cottage rentals /B &Bs) • Review of night clubs. • Key Issues and Funding Challenges / Pressures: • New funding sought for Gateway CIP and Drummondville CIP. • Slow development growth due to global economics. 4 12/5/2012 2 City of Niagara Falls 2013 OPERATING BUDGET Building Division Presentation 2013 OPERATING BUDGET Ntezaraj+ndlt Building Division • Pages 154 — 163 in Budget Book • Department Compliment: Full Time - 20 Part Time — 1 (summer /winter groundskeeper) • Major Activities: • Ensure all building construction meets the minimum standards under the Ontario Building Code. • Ensure minimum standards of property maintenance, as prescribed by the Property Standards By -law, are met. • Responsible for the maintenance, minor renovations, capital works improvements, and demolitions of City-owned buildings. 2 12/6/2012 1 Building Division • Pertinent Statistics: • Over $1 million in building permit fees annually. • Full cost recovery on building permits and inspections. • 471 new housing starts in 2012 to date. • 94 commercial building permits issued to date. • Estimated cost of construction $135,000,000. • Building, Property Standards, Facilities annual budget $2,614,586 (0.67 %). • Number ofVehicles: • 8 vehicles 3 2013 OPERATING BUDGET Nui Building Division • Reviews Being Undertaken: • Review and update of building permit fees. • Refinement of corporate policies and procedures in accordance with Fresh Business Rules and Directives. • Key Issues and Funding Challenges / Pressures: • Aging building stock requires major capital re- investment. • Changes to Ontario Building Code (energy). 4 12/6/2012 2 2013 OPERATING BUDGET tiFr6arnfafl{ Building Division • Responsibility Centres and Associated Expenditures: • Process applications and issue permits for building, plumbing. sewer /drains, public and private swimming pools, demolition, conditional building permits, additions and renovation and signs in accordance with the Ontario Building Code Act and regulations. • Inspection of buildings, structures, plumbing, sewer /drains, signs, public and private swimming pools and lot grading in accordance with the Ontario Building Code Act, Property Standards By -law, Subdivision and Site Plan Agreements. • Issuance of Orders under the Ontario Building Code Act and the initiation of legal action, as appropriate. • Respond to Solicitors regarding property transactions by providing zoning and work order information. • Lot Grading Control Compliance in accordance with City Lot Grading Policy. • Inspection Services for Liquor License Compliance. • Inspection Services for Business License Applications. • Respond, record and track enquiries and complaints from the public and others regarding the City's Property Standards By -law. • Review and provide comments for Committee of Adjustment. Site Plan Agreements. Subdivision Agreements, Land Severance Applications. • Maintain and submit records and statistical reports related to permits and development fees to CMHC. • Management of capital projects for City-owned buildings. • Calculate and collect City and Regional Development Charges. Requested Additional Staff. 0 5 12/6/2012 3 City of Niagara Falls 2013 OPERATING BUDGET Business Development Departmental Presentation 2013 OPERATING BUDGET Business Development • Page Reference in Budget Book: 291 -295 • Department Compliment: • Business Development: F/T - 4; P/T - 1 Small Business Enterprise Centre: F/T - 2 • Operation Expenditures: • Business Development $544,051 • SBEC $133,613 • Total $677,664 (0.066 %) 2 12/6/2012 1 2013 OPERATING BUDGET Business Development • Major Activities: The Department works with the business community to deal with everyday business issues through the following program: o Serve as a Zink between the business community and local and senior levels of government. • Business visitation program to meet with businesses one on one and assist where ever possible dealing with challenges and opportunities. o Act as an ambassador /liaison of the City when dealing with business inquiries and during site visits while providing information. 3 2013 OPERATING BUDGET Business Development Major Activities, cont'd... • Assist, directing, and expediting proposals /expansion through the development process. • Assist with addressing operational needs and resolving municipal issues. • Access to a range of research and data to help with business expansion and investment decisions. • Promote City CIP and Brownfield programs. • Facilitate large scale tourism events. • Annual Niagara Industrial Buyer - Seller Trade Show 4 12/6/2012 2 2013 OPERATING BUDGET Nmgurafn0 Business Development • Major Activities, cont'd .. . • Facilitate large scale tourism events. • Work on various business related initiatives i.e. GO Train,WEGO system, Convention Centre • Work with the Mayor and CAO in an advocacy role to senior levels of government. • Promote business development initiative via the website, newsletters, and annual report. s 2013 OPERATING BUDGET \fag: .1411 s Business Development • Major Activities, cont'd... • Through the Enterprise Centre, Business Development provides services to entrepreneurs looking to start up their own business through the following services and program: One on one business plan consultations Business registration, name searches, and incorporation • Business and market research assistance • Access to Reference Library to assist in their research and due diligence Consultation regarding government programs and financing opportunities 6 12/6/2012 3 2013 OPERATING BUDGET \f..g3rafvtll Business Development • Major Activities, cont'd.... • Host seminars featuring guest speakers from various professions providing an opportunity to gain further insight on business start up and business operations. • Run a number of start up business programs for young entrepreneurs such as Summer Company, Business Plan Competition and Canadian Youth Business Foundation loans. 7 2013 OPERATING BUDGET Business Development • Major Activities, cont'd... Work with local and regional association to explore and promote business development opportunities i.e. Niagara Development Corridor Partnership, Niagara Falls Tourism, NIA Industrial Association, Regional Tourism Organization (RTO), Chamber of Commerce, Business Improvement Associations. Create an environment for business to thrive in the City of Niagara Falls, assisting businesses from conceptual stage, startup, site selection, to expansion and during their operation. 8 12/6/2012 4 2013 OPERATING BUDGET Mnarzyillk Business Development • Key Considerations: • Modernization of gaming industry o GO Train o South Development project • Economic Gateway Zone — Master Plan o Niagara Industrial Association — Electricity Cost o Business Enterprise Centre and Incubation office open February /March 2013 o WEGO transportation system • GO Bus • Approval process for developments, expansions • 8000 seat theatre development 9 12/6/2012 5 F- 2012 -55 Niagarajalls November 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2012 -55 Niagara Falls Community Outreach RECOMMENDATION That Council approve a grant of $175 for Niagara Falls Community Outreach. EXECUTIVE SUMMARY Niagara Falls Community Outreach (NFCO) has provided emergency food services to the residents of Niagara Falls for over 25 years. In 2011, the organization purchased the properties at 4865 and 4871 St. Lawrence Avenue from the Community of Christ church. These properties, while owned by the church, were classified exempt under the Assessment Act. The sale transaction resulted in a review by the Municipal Property Assessment Corporation ( MPAC). The review resulted in a change in the property tax classification which resulted in the NFCO properties being taxable. The organization requested that City investigate available opportunities that would put the owners in a similar tax situation as prior to the sale. As requested, staff have reviewed the legislation and have determined that the organization would qualify for tax exemption under section 3(1)12 of the Assessment Act. However a condition of the legislation is that the group receive government funding. The group's leaders have previously declined government funding but this now appears to penalize the organization. Staff recommend that Council approve annual funding of $100 for 2012 and a pro rated amount of $75 for 2011. BACKGROUND In September 2012, the City received a letter requesting Council assist the owners of the property at 4865 and 4871 St. Lawrence Avenue with a property tax issue. The owner of the properties, Niagara Falls Community Outreach have provided essential food to the needy in the City for 25 years. The property was purchased on March 31, 2011 from the Community of Christ Church. As a result of the sale, the property assessment class was reclassified from exempt to commercial by MPAC which made the property taxable. The City issued a supplemental property tax bill based on the revised assessment classification in 2011. At that time NFCO objected to the bill and filed a Request for Reconsideration with MPAC. Based on the legislation, MPAC issued Minutes of Settlement that changed the property class from commercial to residential thereby lowering the tax liability. However, the group's main issue, that of complete exemption from taxation was not resolved. The organization then requested that the City or Region exempt the property from taxation. November 27, 2012 ANALYSIS /RATIONALE - 2 - F- 2012 -55 All properties in Ontario are liable for property taxation unless they are specifically exempted by the Assessment Act of Ontario. Municipalities do not have the ability to exempt property owners from taxation. The properties sold were previously exempt because of the fact that a church was the owner. The church is exempt from property taxation by virtue section 3 (1)3 of the Assessment Act. The property sale triggered a review by MPAC of the property classification and value. Staff have reviewed the legislation and have determined that the property could be exempt under another clause of the Assessment Act. Specifically, Section 3(1)12.iii states "Land owned , used and occupied by, any charitable, non profit philanthropic corporation organized for the relief of the poor if the corporation is supported in part by public funds." This Section provides an opportunity to resolve the groups tax issue as all of the requirements are met except the issue regarding public support. The group has purposefully declined public funding since inception since they have felt that their own fundraising activities would suffice. However, their reluctance to accept government funding penalizes the organization and ultimately negatively impacts the services the group can provide. Staff have sought clarification from MPAC on the application of the legislation as it relates to the required grant amount. Officials of MPAC response is that the amount received cannot be one time funding and must be meaningful although no minimum threshold was provided. Staff believe in this circumstance an annual grant is an effective policy choice that positively impacts the community while utilizing the available legislative options. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The properties have a combined property taxation of approximately $2,824 based on a combined assessments of $164,000. Previously, this property was exempt from taxation since the Church owned the property. The cost of $2,824 represents new expenditures to the group in the provision of their services to the needy in the community. The 2012 annual grant of $100, along with the prorated amount of $75 for 2011 can be funded from the council's discretionary grants expense for this year and should become included in the community grants expenditure for 2013. Recommended by: Respectfully submitted: TH /Iw Todd Harriso , Director /of Fi ance Ken Todd, Chief Administrative Officer PD- 2012 -74 Nia a alls December 11, 2012 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 -74 26T -11- 2011 -01 & AM- 2012 -013 Revision to Draft Approved Plan of Subdivision (Optimist Park) Zoning By -law Amendment Application Dorchester Road (West Side) North of Morrison Street Owner: River Realty Development (1976) Inc. RECOMMENDATIONS 1. Council approve the requested modifications to the draft approved plan of subdivision as shown on the plan prepared by Upper Canada Consultants, dated October 4, 2012 and detailed in this report, subject to the conditions in the attached Appendix; 2. The Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. Draft approval be given for three years after which approval will lapse unless an extension is requested by the developer and granted by Council; 4. The application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision: and 5. The Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant is proposing several revisions to the Optimist Park plan of subdivision that was draft approved on April 20, 2012. The proposed revisions involve widening the Tots for single detached dwellings along the northerly limit of the plan, the introduction of a block of land for block townhouses, and the introduction of several blocks of land for on- street townhouse dwellings. Overall, the revisions reduce the number of dwelling units in the plan by 9 (111 units vs 120 units) and result in a better mix of housing types and lot sizes. The location and size of the commercial and parkland blocks remain unchanged. In conjunction with the proposed revisions, the applicant has submitted an application to amend the Zoning By -law to match the proposed lots and blocks. Several residents whose December 11, 2012 - 2 - PD- 2012 -74 properties abut the plan have indicated that they favor the revised plan over the one that is currently draft approved. Most of the conditions of draft approval remain unchanged, including the condition that Closed Avenue remain closed except for emergency vehicles. Only conditions 1 (the description of the draft plan) and 26 (Canada Post's requirement for the developer to pay for the installation of mailboxes) need to be changed. Planning staff recommend the proposed revisions to the plan of subdivision and the City Zoning By -law for the following reasons: The revisions proposed to the subdivision will provide a better mix of housing; Lots 1 -27 which abut the existing subdivision to the north are 50% wider than in the draft approved plan of subdivision and provide a better interface; • The revised plan has an identical road pattern. The addition of townhouse dwellings to the subdivision does not pose any traffic concerns; • The revised plan conforms to the City's Official Plan with respect to compatibility and maximum density; and • The proposed zoning conforms with the City's Official Plan and provides appropriate regulations to guide the development of the lands. BACKGROUND Proposal Council granted draft approval to the Optimist Park plan of subdivision (shown on Schedule 2) in the Spring of this year (Excerpt from Council minutes of March 27, 2012 attached in Appendix B). Several builders have since advised the applicant that the market demand is stronger for wider lots than for narrow lots for single detached dwelling. In response, the applicant is requesting the draft approved plan of subdivision be modified to widen the lots and replace several lots for single detached dwellings with blocks for on- street townhouse dwellings. In addition, a new block of land is proposed for group townhouse dwellings. The revisions would reduce the number of dwelling units from 120 to 111. However, the road pattern through the subdivision remains identical. Likewise, no changes are proposed to the commercial block (Block 82) and park land block (Block 80). Schedule 3 is the revised plan. To implement the proposed changes, the applicant has also applied for a Zoning By -law amendment to rezone Lots 1 to 27 on the new plan to Residential Single Family 1D Density (R1 D) with site - specific regulations for a reduced exterior side yard width and increased maximum lot coverage. Blocks 74 to 78 are requested to be rezoned to Residential Mixed (R3) with site - specific regulations for reduced minimum side yard widths and increased maximum lot coverage. Block 79 is requested to be rezoned to Residential Low Density, Grouped Multiple dwellings (R4) with site - specific regulations for reduced minimum front/rear yard depth, interior side yard width and reduced separation distance between buildings. In addition, the applicant requests to add a regulation requiring a minimum floor area for each townhouse dwelling unit and to remove an apartment dwelling as a permitted use. The Residential Single Family 1 E Density (R1 E -956) zone on the remainder of the lots and the General Commercial (GC -958) zoning on Block 82 is not proposed to be changed. December 11, 2012 Surrounding Land Uses - 3 - PD- 2012 -74 The subject lands are part of Optimist Park (4907 Dorchester Road). To the north are residential subdivisions comprised of single detached and semi detached dwellings. To the east and south are a variety of commercial uses (Zehrs, Home Depot, future Target store and other smaller retail stores). A portion of Optimist Park remains in the club's ownership. The subject lands are bordered on the west by the Q.E.W. Circulation Comments • Ministry of Transportation (MTO) Land -use and sign permits will be required for the proposed subdivision. The MTO also requires a 14 metre setback to be established for Tots backing onto the Q.E.W. • Municipal Works Department - No concerns. • Transportation Services Department - Transportation Services has no objections to the revised plan nor to the requested zone changes. • Building Services - No concerns. • Fire Department - No concerns. A detailed review of the development of undertaken at the time of Site Plan Control. • Region of Niagara - No objections to the applications. Neighbourhood Open House Block 79 will be A neighbourhood open house held on October 30, 2012 was attended by the applicant and several area residents. No objections to the applications were expressed at the meeting. A letter of objection has been received from Gino Capitano who objects to the inclusion of townhouses in the subdivision. ANALYSIS /RATIONALE 1. Provincial Policy Statement and Growth Plan The applications conform to the Growth Plan and are consistent with the Provincial Policy Statements as follows: December 11, 2012 - 4 - PD- 2012 -74 • The revised plan of subdivision promotes efficient urban development and land use patterns; • • • The revised plan of subdivision promotes cost - effective development standards to minimize land consumption and servicing costs; Public infrastructure is available and optimized (including water, sewers, roads and transit facilities) and public services are nearby; The revised plan of subdivision preserves the option of a Morrison Street flyover over the Q.E.W., thereby promoting an efficient future transportation system; and The proposed subdivision will contribute an additional 1.1 years to the City's short term supply of land through residential intensification, redevelopment and land in draft approved plans. 2. Official Plan The Official Plan was amended for this site in May, 2012 to designate the lands Residential, in part, and Major Commercial, in part. Current revisions to the subdivision conform to the Official Plan as follows: The plan of subdivision is compatible with the surrounding development and has regard to such matters as housing mix, density, building mass, setbacks and building heights; The density of the plan of subdivision is 17 units per hectare, which is a minor reduction from the density of the April 2012 draft approved plan (18.5 units per hectare); The plan of subdivision would contribute to the City's long term supply of residential land and contribute 1.1 years to the City's short term supply of serviced lots and blocks in draft approved plans; The requested Zoning By -law amendment would establish development standards that are appropriate for the subdivision and compatible with the surrounding land uses; and • The plan of subdivision improves the variety and mix of housing in the City. 3. Subdivision Design The applicant is proposing several changes to the draft approved plan of subdivision. The proposed revisions include larger lot frontages for 73 of the lots (27 of these lots have frontages in excess of 15 metres (50 feet), which represents a 50 percent increase in frontage). To off -set the resulting reduction in density, several blocks are proposed to be included in the plan for townhouse dwellings (5 blocks for on- street townhouse dwellings and 1 block for group townhouse dwellings). This would add a total of 38 dwelling units and bring the total number of dwelling units in the revised plan to 111. December 11, 2012 - 5 - PD- 2012 -74 The road pattern remains relatively unchanged except at the far west end where Optimist Lane would no longer turn south. Instead, Optimist Lane is proposed to end in a cul -de -sac which connects to a block that will be developed in the future as a plan of condominium. At the east end, Close Avenue will remain closed except for emergency vehicles, as directed by Council. The parkland block (Block 80) and commercial block (Block 82) remain unchanged from the draft plan that was previously approved. The path between Optimist Lane and the Optimist Club lands is also unchanged. The changes to the draft approved plan are consistent with Provincial Policy and in keeping with the intent of the Official Plan. The proposal to provide larger Tots along the existing residential subdivision to the north will better match the existing pattern of development. Most of the previous conditions of draft plan approval apply to revised plan. The only conditions that would have to be changed are condition 1 to reflect the revised plan and condition 26 to reflect a change in Canada Post's policy. Accordingly, Planning staff support the revised plan. 4. Zoning By -law Amendment The subject lands were rezoned earlier this year to implement the subdivision as draft approved. The Tots for single detached dwellings were zoned Residential Single Family 1 E Density (R1 E -956 and R1 E 957) and the block of and intended for commercial development was zoned General Commercial (GC -958). A significant portion of the plan needs to be rezoned again because some of the lots have increased in size and blocks have been included for townhouses. The applicant is requesting the zoning of Lots 1 to 27 to be changed to a Residential Single Family 1D Density (R1 D) zone with site - specific regulations for reduced exterior side yard widths of 3 metres (10 feet)) rather than the standard 4.5 metres (14.7 feet) and to increase the maximum permitted lot coverage from 40 to 45 percent. An special regulation would be added to require a 14 metre (46 feet) setback from the Q.E.W for all buildings and structures, over and above municipal standards, to satisfy MTO's requirements. The requested R1 D zone was designed for lots the size of Lots 1 -27 which are more favorable to the residents in the subdivision to the north. Blocks 74 to 78 are requested to be zoned Residential Mixed (R3) with site - specific regulations for reduced minimum interior side yard widths (1.2 metres (4 feet) for all dwelling types rather than the standard 3 metres (10 feet); reduced exterior side yard widths (3 metres (10 feet) rather than the standard 4.5 metres (14.7 feet); and an increased maximum lot coverage (55 percent rather than the standard 40 percent). These side yards are similar to the regulations in the Residential Single Family 1F (R1 F) zone. The increase in maximum lot coverage requested is considered appropriate for an urban area. Block 79 is proposed to be rezoned Residential Low Density, Grouped Multiple dwellings (R4) with site - specific regulations for reduced minimum front yard depth (4 metres (13.1 feet) rather than the standard 6 metres (19.7 feet)); reduced interior side yard width (1.2 metres rather than the standard one -half the height of the building); and reduced separation between buildings (3 metres (10 feet) rather than the standard 15 metres (50 feet)). In addition, the applicant proposes to add a minimum floor area required for each townhouse unit of 112 square metres (1200 December 11, 2012 - 6 - PD- 2012 -74 square feet) and to remove an apartment dwelling as a permitted use. Because Block 79 will be developed as a condominium, access will he provided internally and privacy issues related to building separation within the block are not relevant. The regulations are similar to the regulations in the R1 F zone. Lots 28 -74 and Block 80 will continue to be zoned R1E 956 and Block 82 will continue to be zoned GC -958 in accordance with the current by -law (No. 2012 -31). The requested zone changes are considered minor and are appropriate for the development of the land. Based on the above, Staff supports the requested Zoning By -law amendment. FINANCIAL IMPLICATIONS The proposed development would generate development charge contributions and tax revenue for the City. CITY'S STRATEGIC COMMITMENT The applications conform to the City's Official Plan policies which encourage intensification and an efficient use of land. LIST OF ATTACHMENTS ► Schedule 1 - . Schedule 2 - . Schedule 3 - . Appendix A - . Appendix B - Recommended by: Location Map April 20, 2012 Draft Approved Plan of Subdivision Revised Plan of Subdivision Conditions of Draft Approval Excerpt from March 27, 2012 Council Minutes Respectfully submitted: D.Deluce:bl Attach. Cv Alex Herlovitch, Director of Planning, Building & Development Ke Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -74, 26T -11- 2011 -01 & AM- 2012 -013, Optimist Park Revisions to Draft Approved Plan of Subdivision .wpd December 11, 2012 - 7 - SCHEDULE 1 PD-2012-74 Subject l-and LOCATION MAP 'all 1.‘ mIll4:: ,72t.211*- 010.41:1114001112 Irmilw-mwman 10004w1 gm wittamorm, is mprir,ossolo "I l'illrii al — OM 1:4736 sliststs sasiessi,4, 40 sasesaillim 2111tfAls A, ge4111#1111//11111119i Location: 4907 Morrison Street Applicant: River Realty (1976) Inc. Amending the Zoning Ely-tew No. 79-200 P00,001,/ 2012 AM-2011-003 and 26T-11-2011-01 December 11, 2012 9, 2„ - 8 - SCHEDULE 2 DORCHESTER ROAD r .17The ,111;1, ■/7 rrTTJr ; 7 • ; ; !! §1 ! - , 35-Vtici PD-2012-74 . . , . LE:1-- r i i! • r ! 0 0Z0) < z554:- Fi u1 0 0 4 0 ' ,,,,,,,. i ,--I c4 / >„ r•—■ ,, - r, r: , „,, „ ,— r:c.-----s- ,-- '----- - ---- , -L'-'-------1 Lr-H CD P-0 . -.4 "4 0, 4.0 141 t STREET j'A' a, HH4 --t-1 • --r 0_4,4 Esti QuEEN Euv3 REQUIREMENTS OF SECTION 51(17) OF THE PLANNING ACT December 11, 2012 - 9 - SCHEDULE 3 PD-2012-74 --,rigri T 1 ', .'it "I — '''''!;■ — , - ' = ' ' ' stY il,A -'.flil'■ '-, _,,x--.P ' ,--.. ■ KEY PLAN DORCHESTER ROAD - : -AZ], —.— _ ._ - ... .:, ..; ',,..,' 22 :•8 17n- 'v 41 , ' ;I ,,. i ,_ uOnavw REDLINE REVISION 1-07 DRAFT PLAN OF SUBDIVISION OPTIMIST PARK , ,,-;N , „,-,r- ,,, t , .7,1.., . ._. —; &- ,.- 1 L*- 1 ,,_ -, Qi.-- _ X ._._. - x ' „,. . ,.„_.. c, —.,,, ,..,-,_ CLOSE AVE '--- 4 '=” --, . .., :SION TO SUBDIVISION Fs \/1 z ce _ 3 = , .. ,._,.. ,,,, 4. . • ,.-., .`',",, .?.? . .... us - i•14•i ,....,,r--' ../.)-1 "-- ..... ,_ , ,,-.), .1 2 .:,.., . " - .. tn STREET 'A ,1 0•■1 -"'"°- -11 ' REE DRAFT ] ( PARKDALE STREET S. I 1 ; - t 71 Asom 7":. 51. / , CV I ' u< 'L 51.)6qe ' -7 SURVEYORS CERTIFICAI Yu, PA, rOccIll■ euv. 0 ' S.. c., / , / /4.:7 1 q, /4.&'. / '-' : ,/-, --.- c....N, ., g? / ''..., \ . * , :.--,, . ,.,' " ' m , . .... _--- WP■( i iF: ;,,•,.' . a' " "''. " aV,Til H . ' ', \ ; ..1 , _ '-' ,. ,.., CIEE'' E3_,17.A- December 11, 2012 - 10 - APPENDIX A Conditions for Draft Plan Approval PD- 2012 -74 1 The Optimist Park Draft Plan of Subdivision prepared by Upper Canada Consultants, dated October 4, 2012, showing 73 lots for single- detached dwellings, 5 blocks for on- street townhouse dwellings, 1 block for group townhouse dwellings, 1 block for commercial development, 1 block for a walkway and 1 block for parkland, be approved. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 5 metre legs at the intersection of Close Avenue and Optimist Lane, Morrison Street and Street A; (c) the tapering of Morrison Street from 4 lanes to 2 lanes; (d) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010, as amended; (f) sump pumps to discharge to the storm sewer; (g) walkway (Block 81) be constructed to municipal requirements; (h) provision of an overland stormwater flow route; (1) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010, as amended; and (j) dedication of a 15 metre road widening along the north portion of Block 80 to the City's satisfaction. 5. The developer remove the existing turning bulb at the end of Morrison Street to the satisfaction of Transportation Services. 6. The developer dedicate to the City a 0.3 metre reserve along the north side of Morrison Street, west of Street A, to the satisfaction of Transportation Services. 7 The developer request that the City remove the 0.3 metre reserve at the end of Close Avenue. 8. The developer construct sidewalks to City standards along one side of Optimist Lane, the east side of Street A, and both sides of Morrison Street connecting to the December 11, 2012 - 11 - PD- 2012 -74 existing terminuses in accordance with City practices and procedures. In lieu of constructing the portion of the sidewalk along the south side of Morrison Street, the City would accept a cash payment equal to the cost of constructing that portion of the sidewalk. 9. The developer provide speed control devices in the subdivision to the satisfaction of the Transportation Services. 10. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 11. The subdivision agreement require the developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 12. That the developer provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into the Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak lots have been completed. 13. The subdivision agreement require the developer to construct a board on board wood fence, 1.8 metres in height along all portions of Block 82 that abut residentially zoned properties, to the satisfaction of the City. 14. The subdivision agreement require the developer to construct a 1.2 metre high chain link fence along the portion of the Morrison Street road allowance that abuts Lots 66 and 67, Blocks 75 to 77 (inclusive) and Block 79 to the satisfaction of the City. 15. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 16. The portion of Block 80 (not required for future improvements to Morrison Street) be dedicated to the City as parkland. The balance of the 5% parkland dedication shall be provided as cash -in -lieu of parkland. 17. The developer grant the City and Public Utilities any easements required to service the subdivision. 18. The developer contribute funds to provide boulevard trees in accordance with City policy. 19. The developer agree in the subdivision agreement to protect all existing trees within the Morrison Street road allowance except where entrances may be required. 20. The developer receive final approval from the City of the Official Plan amendment. 21. The developer receive final approval from the City to the Zoning By -law amendment to provide land use regulations to guide the development of the subdivision. December 11, 2012 -12 - PD- 2012 -74 22. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By -law. 23. The developer provide five copies of the pre- registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 24. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (ie. 911 Emergency Services). 25. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 26. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost).. 27. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities. 28. The developer construct streets in accordance with the composite utility plans noted in condition 27. 29. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 30. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 31. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a stormwater management report indicating the intended treatment of the calculated runoff and the impacts of drainage on the December 11, 2012 - 13 - PD- 2012 -74 Q.E.W. right -of -way. The developer is required to obtain the appropriate development permits from the Ministry of Transportation. 32. The subdivision agreement between the City and the developer contain the following warning clause for Lots 66 and 67, Blocks 75 to 77 (inclusive) and Block 79: The developer, and all future owners, include in all offers of purchase and sale, a statement that advises the prospective purchaser that the City has protected the Morrison Street corridor beyond its current road terminus for a potential future overpass across the Queen Elizabeth Way." 33. The developer shall update the Functional Servicing Report, prepared by Upper Canada Consultants, dated March 2011 to the satisfaction of the City. The developer shall agree in the executed subdivision agreement to implement all recommendations of the updated Functional Servicing Report, to the satisfaction of the City. 34. The developer shall agree in the subdivision agreement to protect all trees on abutting lands, including lands being retained by the Optimist Club, during construction of the subdivision. 35. The developer shall satisfy the Regional Municipality of Niagara and the City with the necessary noise study and implement the recommendations of the noise study in the subdivision agreement. 36. That within 60 days of draft plan approval the owners acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre - servicing will be at the sole risk and responsibility of the owner /developer. 37. That within 60 days of draft plan approval, the owners shall provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owners and the City of Niagara Falls. 38. That the design drawings for the sanitary sewer and stormwater drainage system required to service this development be submitted to the Regional Development Services Division for review and approval. Note: The stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 39. That prior to final approval of the plan of subdivision for registration, Ministry of the Environment Certificates of Approval under the Transfer Review Program for the sanitary sewer and the storm drainage system to the satisfaction of the Development Services Division. 40. That following completion of the required site remediation, the owners shall file a Record of Site Condition (RSC) on the Ministry of the Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 and a copy shall be December 11, 2012 - 14 - PD- 2012 -74 provided to the Regional Development Services Division and the City of Niagara Falls with a copy of the Ministry's written acknowledgement of the filing of the RSC. 41. That the owner complies with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Division and the owner shall ensure that all streets and development blocks can provide a through access. 42. That Close Avenue be restricted from allowing through traffic and only accessible by emergency vehicles. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 24 Canada Post for Conditions 25 and 26 Enbridge Gas Distribution Inc. for Conditions 27, 28, 29 and 30 Ministry of Transportation for Condition 31 Regional Municipality of Niagara for Conditions 35 to 41 December 11, 2012 - 15 - PD- 2012 -74 APPENDIX B FIFTH MEETING REGULAR COUNCIL MEETING March 27, 2012 Council met on Monday, March 27, 2012 at 5:30 p.m. for a Committee of the Whole session followed by an In Camera session. NO. 8 - MAVES -WING THEREFORE BE IT RESOLVED THAT on March 27, 2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject matters 239 (2)(e), a litigation matter, 239(2)(a), security of the property of the municipality and 239(2)(d) labour relations. Following consideration of the items presented, the In Camera Session did rise and report in open session. All members of Council were present. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:45 p.m. All members of Council were present. Mayor Diodati offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the minutes be approved, as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to report PD- 2011 -24, AM- 2011 -016, as she owns property in the planning circulation area and MW- 2012 -04, as it affects winter maintenance on her street. Councillor loannoni indicated a pecuniary interest to cheques no. 353052 and 3530195 as she works as an agent for that company and to report R &C- 2012 -05, the portion pertaining to at employees, as a member of her family is employed at the Gale Centre. Councillor Morocco indicated a pecuniary interest to cheque numbers 352716 and 353305, made payable to her spouse. Councillor Pietrangelo indicated an indirect pecuniary interest to a matter from Committee of the Whole, PD- 2012 -08, as his family has testamentary devise lots. Mayor Diodati indicated a pecuniary interest to cheque numbers 352507 and 352970, made payable to himself. PLANNING MATTERS PD- 2012 -22 & AM- 2011 -003 - Optimist Park Draft Plan of Subdivision, Optimist Park Draft Subdivision (revised). Official Plan Amendment Application (revised), Zoning By -law Amendment Application, Dorchester Road (West Side) North of Morrison Street. Owner: River Realty Development (1976) Inc. The Director of Planning reviewed the recommendations and provided the following information. December 11, 2012 Background - 16 - PD- 2012 -74 - 2 Council Minutes March 27, 2012 Council considered these applications at its July 18, 2011 meeting. Decision deferred until the Sustainable Transportation Master Plan (STMP) was completed. Council adopted the recommendation that the unopened portion of Morrison Street be retained for a future flyover across the QEW. The applicant has redesigned the proposed plan of subdivision to exclude these lands. The revised Plan of Subdivision consists of 120 lots for single detached dwellings and a 2.1 (5.2 ac) block for commercial development. There are no longer any townhouse dwellings proposed and a 0.4 ha (1 ac) block has been included for parkland. The requested OP amendment would apply the Residential designation for the 120 single detached lots and Major Commercial designation to the commercial development and the parkland to be designated as Open Space. The Zoning By -law amendment application would be to rezone the subject land to a site specific R1E, site specific GC zone and a site specific Open Space (OS) zone. A Neighbourhood Open House Open House held on March 1, 2012 Concerns expressed by those in attendance included: • Extra traffic resulting from the connection with Close Avenue • Site drainage • Capacity of the stormwater and sanitary sewers • Increase in traffic congestion at Morrison & Dorchester intersection Letters of objection submitted outlined some of the above concerns as wet as the following: • Parkland dedication • Loss of Optimist Park Excess of housing supply Excess commercial land supply; and Reductions to the zone regulations Planning Analysis PROVINCIAL POLICY STATEMENT & GROWTH PLAN The planning applications conform to the Provincial Growth Plan and are consistent with the Provincial Policy Statements as follows: It promotes an efficient development and land use patterns; It provides for both residential and commercial development; It promotes cost- effective development standards to minimize land consumption and servicing costs; • Public infrastructure is available and optimized (including water, sewers, roads and transit facilities); • Preserves the option of a Morrison Street flyover over the QEW, thereby promoting an efficient future transportation system; and • It will contribute an additional 1.2 years to the City's short term supply of land through residential intensification, redevelopment and land in draft approved plans. Official Plan The Official Plan states that privately owned land in the Open Space designation will not necessarily remain so designated indefinitely. The Official Plan designates the subject lands mainly as Open Space with a small portion designated as Major Commercial. December 11, 2012 - 17 - PD- 2012 -74 - 3 - Council Minutes March 27, 2012 It is necessary to redesignate the lands to residential to allow residential development. The proposed residential area conforms to the Official Plan: It is compatible with the surrounding area and has regard to providing a housing mix, density (18.5 units per ha), building mass, setbacks and building heights; the Plan provides lots for singles next to existing singles and continues a road connection that was anticipated more than 50 years ago; Adequate municipal services (water, stormwater, sanitary sewer) are available; Adequate schools, transit and fire protection are available; Parkland dedication, streetscaping, sidewalks and other amenities can be addressed through conditions of draft plan approval; The proposed commercial area represents an expansion to the existing major commercial designation and will offer smaller retail stores that will complement the existing retail district. Subdivision Design In response to Council's decision to preserve Morrison Street for a future flyover over the QEW, the subdivision has been revised so that Optimist Lane now ends in a cul -de -sac at the west end. To ensure that the cul -de -sac was not longer than 150 m, an additional street (Street "B ") was added. The applicant has submitted a traffic impact study which supports the connection with Close Ave. and concludes that there would be no adverse impacts to the existing neighbourhood. The fact that Close Ave. was not ended in a cul -de -sac indicates that it was intended to be extended to the south into a subdivision when the lands became available. Lots backing onto the QEW will be subject to a 14 metre MTO setback which reduces the amenity area Applicant has revised the plan to ensure that Lots 37 -40 are of sufficient depth to have an additional 7.5 m setback from the MTO 14m setback. Similarly, Lots 34, 35 & 36 would have an additional setback of 6 m from the MTO setback due to their shallower depth. The applicant is proposing to dedicate a block for parkland that will be used as a park until such times as the land is needed for the Morrison Street flyover over the QEW. The Optimist Club intends to maintain a small park with the playground equipment. A 2.5 metre wide pathway between Optimist Lane and the park is proposed. The redesign of the subdivision has allowed for the preservation of nearly all the healthy mature trees identified in the tree preservation report located in the Optimist park land. The applicant has submitted a servicing report that details that stormwater management will be handled using in- ground services which eliminate the need for a stormwater management pond. ZONING BY -LAW The applicant requests the zoning on Lots 1 to 120 be changed to a site specific R1 E zone as follows: Minimum Lot area Minimum Lot frontage Minimum Side Yard width d From 370 m2 to 280 m2 From 12m to 10m 4. Interior: from 1.2m & 1.8m to 0.9m &1.2m Exterior from 4.5m to 3.0m Minimum Rear Yard Depths From 7.5m to 6m for lots 34 -36 December 11, 2012 Maximum Lot coverage -18 - PD- 2012 -74 - 4 - Council Minutes March 27, 2012 U From 40% to 45% These site specific zoning regulations are consistent with the regulations being proposed in the City's new Comprehensive Zoning By -law for small single detached Tots. Block 122 is to be rezoned to site specific GC to reduce the required front yard depth and establish a maximum gross retail floor area: The amount of commercial floor area will actually be limited by the required parking for the site. The applicant requests that Block 123 be zoned Open Space, but as this block is intended to be used entirely for a future flyover, it would not be appropriate to zone it OS as this may be interpreted as intending for the park to be permanent. It is recommended that the R1 E zone be extended to cover Block 123 as this will permit a municipal park but does not imply that the park is to be permanent. Conclusion The applicant previously filed applications for an Official Plan amendment, plan of subdivision for 114 residential lots, a block for 18 on- street townhouse dwellings and a block for commercial development and Zoning By -law amendment for the majority of Optimist Park. The applications were revised in February 2012 to reflect a redesigned plan of subdivision containing 120 residential lots, a smaller block for commercial development and a new block for a park. The revised plan of subdivision addresses Council's decision to maintain Morrison Street for a future flyover. The application can be supported for the following reasons: • OP amendment is consistent with Provincial Policies and conforms to the general policies of the City's OP; Zoning amendment conforms with the City's OP and provides appropriate regulations for the development. Proposed street connection with Close Avenue completes a road design which was anticipated when Queensway Gardens subdivision was developed and will not have a negative impact on adjoining neighbourhood; The proposed lots accommodate detached dwellings which are compatible with the surrounding neighbourhood to the north; The proposed commercial block will accommodate a minor rounding out of the Morrison /Dorchester retail district; and, The proposed subdivision conforms to the City's OP with respect to compatibility and maximum density. Recommendation That Council grant draft approval to the Optimist Park Plan of Subdivision subject to the conditions in the staff report. That the Mayor or designate be authorized to sign the draft plan as 'approved' 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. That draft approval be given for three years after which approval will lapse unless an extension is requested by the developer and granted by Council. That the application to amend the Official Plan be approved as detailed in the staff report. That the application to amend the Zoning By -law be approved to guide the development of the subdivision, That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all December 11, 2012 - 19 - PD- 2012 -74 - 5 - Council Minutes March 27, 2012 matters are addressed to the satisfaction of the City Solicitor. Tommy Anello, 6375 Balmoral Avenue, questioned development on the parcel. David Devine, 4468 Queensway Garden, requested that the developer keep the access to Close Avenue closed. He outlined similar examples where roads were closed at the request of nearby residents such as Dell pak and Grassy Brook Roads. William Robinson, 7011 Dirdene Street, submitted a petition in support of keeping Closed Avenue closed. Victor Muratori, representing the applicant, confirmed that the developer had a binding agreement with the property owners, they have waive d any conditions on the agreement of Purchase of Sale and the closing date is June 12th. Mr. Muratori endorsed the Council report and recommendations. He indicated that the applicant has looked at alternatives for keeping Closed Avenue closed but the City requires two means of access. The plan submitted is the best plan from a public safety point of view. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved subject to Close Avenue not being open to through traffic and only accessible by emergency vehicles. Motion Carried with Councillor Gates opposed fr PD- 2011 -016, Zoning By -law Amendment Application, 5982 Culp Street. Applicant: David Tetrault, Agent: Chris Cristelli,. Proposed Bed and Breakfast The Director of Planning reviewed the recommendations and provided the following information. Background A Zoning By -law amendment is requested for 5982 Culp Street to permit the existing dwelling to be used as a tourist home (bed and breakfast) and to permit up to 3 bedrooms to be used for tourists. The current Residential Single Family and Two Family (R2) zoning does not permit a tourist home so the applicant is requesting the R2 zoning to be site specifically amended to add a tourist home to the list of permitted uses. Other site specific relief is requested for rear yard and exterior side yard setbacks, building height and parking area regulations to recognize existing conditions. Neighbourhood Open House Held on February 13, 2012 7 residents in attendance No concerns or objections to the application. Planning_ Analysis Official Plan Designated Residential in Official Plan (10 %' 5/2012) baviid beluce - j 26T-11-1011-01 optimistpark revisions �F N � Y, 5 e_, �a 1' From: <gcapitano @cogeco.ca> To: <ddeluce @niagarafalls.ca> Date: 10/15/2012 12:58 PM Subject: 26T -11- 1011 -01 optimist park revisions Hi Dave As per our telephone conversation this morning, I am opposed to the town house plan. This revision in my estimate is about a 95% change to what city council approved.it appears that now the Subdivider has won approval from the City he will change his proposal until maybe the whole property is Town house or Multi family dwellings. I also pointed out to you that with the New Target store opening and the increased traffic from the proposed optimist subdivsion, there will be a need for traffic control at proposed steet "A" at Morrision. Finally I suggested on overlaid of the proposed and revised plans so people could more easily identify the changes. Thank You GINO CAPITANO 4633 DORCHESTER ROAD NIAGARA FALLS L2E6N7 Fogler? Rubinoff LLP December 3, 2012 VIA EMAIL Alex Herlovitch Director of Planning, Building & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: 1:4,0 Planning Scanned ZOf 1n CI Fogler, Rubinoff LLP Barristers & Solicitors 95 Wellington Street West Suite 1200, Toronto- Dominion Centre Toronto, ON M5J 2Z9 Tel: 416.864.9700 Fax: 416.941.8852 www.foglers.com Reply To: Joel D. Farber Direct Dial: 416.365.3707 E -mail: jfarber @foglers.com Our File No. 11/7796 Re: 4709 Dorchester Road — 26T- 11- 2011 -01 & AM- 2012 -013 River Realty Development (1976) . Inc. We are the solicitors for RioCan Holdings Inc., owner of the commercial lands in the southwest quadrant of Morrison & Dorchester. Subsequent to approval of the initial zoning and subdivision for the subject site, our client has been able to re- merchandise the vacated Walmart store with a new Target store. In addition, permission for an expansion area has recently been obtained. In connection with the site plan application for the new Target, area traffic is now once again being considered by staff. Accordingly, we are of the view that it is appropriate for the development lands on the north side of Morrison to undertake a review and update to their traffic studies so as to ensure appropriate transportation planning. In addition, the appropriate draft plan conditions need to be included to deal with any requirements arising from the traffic planning exercise. Please ensure we are provided with notice any changes to the zoning by -law or draft plan approval. Yours truly, FOGLER, RUBINOFF LLP RECFNED DEC 0 3 2012 PLANNING & DEVELOPMENT -w Ito I)i toil' 11111111111111 1.'.P "Joel D. Farber" Joel D. Farber JDF/ay Pagel of 2 KNFarberiWpDataNItioCataarget Conversion & Expansion -Niagara Falls (Monison & °reheat r)1Eterlovit - December a 2012.doc PD- 2012 -75 Niaga jails December 11, 2012 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 -75 AM- 2012 -012, Zoning By -law Amendment Application 5990 Thorold Stone Road Applicant: Peter Coutu Agent: Michael Allen, Allen & Chui Architects Proposed Used Car Lot RECOMMENDATION That Council approve the Zoning By -law amendment application to change the zoning of 5990 Thorold Stone Road to a Light Industrial (LI) zone, to permit a used car lot to be established on it. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to change the zoning of 5990 Thorold Stone Road to a Light Industrial (LI) zone, to permit a used car lot to be established on it. The amendment can be supported because: the land is designated Industrial in the City's Official Plan and in a location where light industrial and commercial service uses are intended to locate; and the proposed used car lot would be compatible with other automotive related and commercial uses that have already established along this section of Thorold Stone Road and would not conflict with general industrial uses to the south. BACKGROUND Proposal A Zoning By -law amendment is requested for a 0.16 hectare (0.4 acre) parcel of land known as 5990 Thorold Stone Road (see Schedule 1). The amendment is requested to permit the land to be used as a used car lot. Schedule 2 shows details of the proposal. The land is currently zoned General Industrial (GI), in accordance with By -law No. 79 -200, which does not permit a used car lot. The applicant is requesting the zoning of the land to be changed to the Light Industrial (LI) zone which permits less intensive industrial uses, including a used car lot. Site specific regulations are requested to be added to: December 11, 2012 - 2 - PD- 2012 -75 1 Recognize the lot frontage and area of the property and the rear and interior side yard setbacks of the existing building. 2. Increase required landscaping on the site from 5% to 18% of the lot area and to reduce the landscaping required in the front yard from 67% of the required front yard to a 1.5 metre wide strip along the front lot line. Site Conditions and Surrounding Land Uses The property is located on Thorold Stone Road in an industrial area and in close proximity to the Stamford Retail District. An industrial building currently being used for warehousing exists on the property to the south. The Autoline Toyota dealership (owned by the applicant) and a used car lot exists on the land to the west. The Thorold Stone Mall is on the land immediately to the north. The Falls General Motors dealership and properties used for automotive commercial, commercial and industrial purposes are on the lands to the east. Circulation Comments Information regarding the requested 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 to the zoning change from a Provincial and Regional perspective. The access to the site appears to be deficient, in terms of width, to serve commercial traffic. To achieve the recommended width, the driveway could be widened by relocating a utility pole or relocating the access to the east side of the property. If loading /unloading of vehicles is to occur on site, an appropriate loading area and turn around should be provided on site. No loading /unloading of vehicles is to occur on Thorold Stone Road. - Any paving of the site is not to increase storm drainage to Thorold Stone Road. • 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 October 25, 2012. No neighbours attended the open house to hear about the proposal or to ask questions. December 11, 2012 ANALYSIS 1. Official Plan - 3 - PD- 2012 -75 The land is designated Industrial in the Official Plan and is primarily intended to be used for a variety of industrial uses. The Official Plan intends that industries with similar characteristics and performance standards are to be grouped to provide suitable environments for industrial operations and to minimize potential and use conflicts that can be caused by indiscriminate mixing of light and heavy uses. To this end a gradation of industrial zones is to be established. The industrial area where the subject lands are located is going through a transition from heavier types of industry to Tight industry. The industrial and that front onto Thorold Stone Road have become more commercially focused in recent years. Council has rezoned 5888 Thorold Stone Road, to the east of the land, and 6006 and 6030 -6046 Thorold Stone Road, to the west of the land, to site specific Light Industrial (LI) to allow the current General Motors and Toyota dealerships and a used car lot in the last 14 years. Additionally, the Treibacher and Zavitz sites on the north side of Thorold Stone Road were rezoned from General Industrial (GI) and Heavy Industrial (HI) to LI in 2005. This transition is reflective of a shift to Tight industry and complementary uses and is in keeping with the intent of the Official Plan. The proposed used car lot would not create any land use conflicts with neighbouring commercial uses that front onto Thorold Stone Road nor impact the vitality of established industrial pursuits to the south. 2. Zoning By -law The subject lands are located on Thorold Stone Road in an area where it has been the City's vision to transition from heavier and general industrial uses to lighter and more prestigious uses that give the City a better business image. Council has approved a number of zoning amendments in recent years that have helped the area to re- invent itself. The requested LI zone permits a range of Tight industrial uses and automotive uses, including a used car lot. The zone change requested for the subject property will complete the transition of this side of the road from an area of general industrial use to an area of light industrial use. The uses permitted by the LI zone are more compatible with the Stamford Retail District located to the northwest. The following adjustments to the standard LI zone regulations are requested: A reduction in required lot frontage, from 30 metres (98 feet) to19.5 metres (64 feet), and a reduction in required lot area, from 2000 square metres (0.49 acre) to 1618 square metres (0.4 acre). There are no concerns with these reductions as they recognize the current lot size and configuration. A reduction to the rear yard setback, from 7.5 metres (24.6 feet) to 3.7 metres (12.1 feet), and to the side yard setback, from 3.5 metres (11.5 feet) to 2.0 metres (6.6 feet). There are no concerns with these reductions as they recognize the siting of the existing building. December 11, 2012 - 4 - PD- 2012 -75 A reduction to the required landscaped open space in the front yard, from 67% of the required front yard to a 1.5 metre (4.9 foot) wide landscaped open space strip along the front lot line. Although numerically this is a reduction may appear significant, the proposed landscaping strip is consistent with the amount of landscaping that was required by Autoline Toyota to the west. To compensate for this reduction, the applicant is proposing to increase in the required landscaped open space from 5% of the lot area to 18 %, with landscape strips along the west and southerly lot lines. The proposed landscaping would be an improvement over current site conditions. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Economic Vitality principle in that it supports the expansion of a small business in the community. LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan Recommended by: &r,) Jur, Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A. Bryce: m b Attach. S:APDR\2012\PD- 2012 -75, AM- 2012 -012, 5990 Thorold Stone Rd, Peter Coutu.wpd December 11, 2012 - 5 - SCHEDULE 1 PD- 2012 -75 AM- 2012 -012 - Zoning By -law Amendment Application 5990 Thorold Stone Road Applicant: Peter Coutu Location Map 1:117 THOR October 2012 Subject Land December 11, 2012 - 6 - SCHEDULE 2 Thorold Stone Road C9 PD- 2012 -75 PD- 2012 -76 Niagarapalls December 11, 2012 C1Y \U:\ 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 -76 Telecommunication Facility Consultation 5499 Kalar Road, Niagara Falls Summit Telecom Services Inc. on Behalf of Rogers Communications Inc. RECOMMENDATION It is recommended that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 50 metre slim -line monopole tower and related radio equipment cabinet on the lands at 5499 Kalar Road conditional upon the tower and related radio equipment cabinet are located in the northwest corner of the property. EXECUTIVE SUMMARY The proposal to erect a 50 metre slim -line monopole tower at 5499 Kalar Road can be conditionally supported based on the following: the relocation of the tower and equipment compound to the northwest corner of the property would ensure that the maximum distance away from residential development has been met and the Zoning By -law setbacks for the equipment cabinet is being met. BACKGROUND Summit Telecom Services has submitted a proposal for a 50 metre tall slim -line monopole telecommunication tower on the west side of Kalar Road, south of Beaverdams Road, on behalf of Rogers Communications Inc. The submission has been made to improve wireless services within the City of Niagara Falls in an area where coverage has been calculated to be inadequate by Rogers. The tower would be enclosed, along with a related radio equipment cabinet, inside of an 8 square metre fenced compound. The proposed location of the site was considered only after the possibility of collocation on an existing tower or a rooftop installation was ruled out. The subject tower would provide improved in- building and enhanced grade coverage from Kalar Road north to Woodbine Street; south past Lundy's Lane; west past Garner Road, and east to Montrose Road. The nearest existing tower, at 4795 Kent Avenue, would not be able to service Roger's needs as it is: located 1.6 km away, outside of the desired coverage area; already occupied at 30 metres up to 54 metres in antenna height; and is at or near structural capacity. December 11, 2012 - 2 - PD- 2012 -76 The monopole design of the tower is a singular pole of tubular steel which tapers from bottom to top and will have antenna space available for future collocation. 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. ANALYSIS As per the City's Consultation process, the applicant circulated an information package with a request for comments to property owners located within three (3) times the height of the proposed installation (150 metres), as per Industry Canada requirements, on March 2012. A Public Information Meeting was held on June 19, 2012 at which 3 members of the public attended. The comments received at the meeting or through written correspondence is attached. Summit Telecom responded to the concerns within the required time period and no further correspondence was received from the public. Comments received from the public centered around the visual impact of the tower, its impact on property values and on health, including children (Appendix 3). As Council is aware, health issues are not considered by Industry Canada as a basis for objection since all application must meet Health Canada standards. The information package was circulated by Planning staff to other City Departments. Although the telecommunication tower is not subject to City Zoning By -laws, the City's siting protocol directs that accessory buildings /structures not providing structural support to the tower shall comply with the setback and lot coverage requirements of the City's Zoning By -law. The subject lands are zoned Agricultural (A) in the City's Zoning By -law No. 79 -200 which requires a minimum side yard setback of 10 metres. A side yard setback of 3.4 metres to the equipment cabinet is proposed as well as a 19.5 metre front yard setback. A front yard depth of 10 metres plus a 15 metre setback from the centreline of Kalar Road is required in the Zoning By -law, however, compliance with this section cannot be confirmed without the road allowance being shown on the Plan (Appendix 2). The siting policies for Telecommunication Facilities, as adopted by Council, recommend that the towers be located away from residential areas. In consideration of the proximate location to residential subdivisions and the comments received from the public, the setback requirements of the Zoning By -law and the size and use of the subject lands (Royal Auto Parts) it is recommended that the tower be located to the northwest corner of the lands such that setbacks from Kalar Road are achieved and the distance from nearby residences is maximized. The lands to the west and north are both agricultural in nature with less visual impact from the streetscape. December 11, 2012 LIST OF ATTACHMENTS - 3 - PD- 2012 -76 ► Appendix 1 - Location Map ► Appendix 2 - Site Plan ► Appendix 3 - Public Comments and Response Recommended by: Lii� �t�� % Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: F.Berardi:mb Attach. Ke Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -76, Telecommunication Facility Consultation, 5499 Kalar Rd .wpd December 11, 2012 - 4 - APPENDIX 1 PD- 2012 -76 Re ommended Tower tion Pr +posed Tower La a ation R DR F HAR 111111 111111 I a PR «L� 1X111 11111 LUND'S December 11, 2012 - 5 - PD- 2012 -76 APPENDIX 2 PROPOSED COMPOUND LAYOUT PLAN SC.( I 25 f .00 62/20 0i G SEE ci_var Puw ® ■ ■ NOTES a� osaD aacuaR s W... .,CO I.a. uE+s TO olu.ERUiueos JNO<PON DES. PENDING wv RExMr. C° PROPOSED Pt Ca+ncTW T CABINET ON cr5r i• PUCE REINFORCE° T'E PERSUNNL iN cDNZTTTIPN Wg ©REUO+E Evi TNW TO�PSU91�1 A RO S�BLRaR vUCM�pOD�vE, y�uRF.,c�oo ac.vOSS :O� mND o�5 [s .AN IRE DN .1 Si.° TO .DN. RODS .T_ cwvN>cE. I 0 aIOU TO ED R °.RED »RE SURR,NOG CORIPND. o I FPARr I, PLA 59R -11Fpq PIN 64 2 55- 0 09S(L1) PART I, PLAN 59R -1737 N C9 V Proposed Tower Location v 4 PIN 64265-0052(LT) N1 ry PART 1 YMPaN = t Boo .--E;S' �IP NPr ONPL 01Pri () GPNP c /jam � eEN Q / vJ spy o i LO °piiiER" December 11, 2012 :: SUMMIT me■ TELECOM SERVICES March 7, 2012 Current Resident /Owner, - 6 - PD- 2012 -76 APPENDIX 3 Summit Telecom Services is sending out this package on behalf of Rogers Communications Inc. to notify you of the proposed installation of a Rogers wireless telecommunications tower. Through the federally regulated Industry Canada process for radio communication and broadcasting antenna systems we are required to notify any owners of property within a 150m radius of the proposed tower location. The documents included in this package are intended to provide you with information on the proposed location of the tower, tower type, tower description and the attestation to abide by or exceed all standards as set forth by Industry Canada. Included in this package is the letter of notification explaining the basics of the tower (location, purpose, and regulations) and a copy of the notice to appear in the Niagara Falls Review. The purpose of this package is to allow for comments by the local community and for Summit Telecom to address all questions and concerns before moving ahead with the project. The appropriate contact information can be found at the end of the Letter of Notification and comments may be submitted until the closing date of TBD Sincerely, Sean Ogilvie Summit Telecom Services Inc. 7511411MMI24 MS Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1K9 December 11, 2012 SUMMIT MU TELECOM SERVICES - 7 - PD- 2012 -76 Letter of Notification: Site C4032 As a part of the federally regulated process for telecommunication installations Summit Telecom Services is inviting public comment on a proposed Rogers Communications Inc. tower installation within the City of Niagara Falls, Ontario. Any clarification, questions, or concerns please submit comments to Summit Telecom Services via mail, Email, phone or fax to the address listed below. For more information on the Industry Canada process regarding these installations, please visit www.icgc.ca /antenna or contact the presiding Industry Canada office below. The final submission date for comments is close of business TBD In addition to comment submission you are also invited to attend a public open house with regards to this proposal. This session will be held at the MacBain Centre at 7150 Montrose Road from (time) on (date) Purpose: • Summit Telecom Services Inc. on behalf of Rogers Communications Inc. is proposing a telecommunications antenna installation to improve wireless and data coverage for the City of Niagara Falls and specifically in the area of Kalar Road and Beaverdams Road. Existing towers in the area have been determined unsuitable to achieve the desired coverage for the Rogers wireless network. The new tower will be considered for sharing with future applicants. Proposed Location: • The tower is to be located on a section of private property located at 5499 Kalar Road corresponding to the GPS co- ordinates: Latitude: 43° 5'38.64 "N, Longitude: 79° 8'12.09 "W. • Legal Description: PTTWP LT 122 STAMFORD AS IN R0432233 ; NIAGARA FALLS Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1K9 December 11, 2012 SUMMIT TELECOM SERVICES - 8 - PD- 2012 -76 Health Canada: • Rogers Communications Inc. attest that the radio installation described in this notification package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6, as may be amended from time to time, for the protection of the general public including any combined effects of nearby installations within the local radio environment. Public Access: • Areas where public access is prohibited will have access controls and be clearly marked. Fencing will be installed around the base of the tower and shelter. Environmental Assessment: • Rogers Communication Inc. attest that the radio antenna system described in this notification package is excluded from environmental assessment under the Canadian Environmental Assessment Act. Transport/NAV Canada: • The structure will meet Transport Canada's aeronautical obstruction marking requirements (painting and /or lighting) as set out in Canadian Aviation Regulations Standard 621.19, Standards Obstruction Markings. Engineering Principles: • Rogers Communications Inc. attests that all aspects of the proposed wireless installation will follow sound engineering principles including construction and structural adequacy Installation Description: • The compound will feature a 50m tall monopole tower with a ground shelter for equipment. The compound area will occupy approximately 80sq.m. The site will feature initial services with space reserved for futures. .. . f E 0 u) EXAMPLE OE 50M TOWER ELEVATION DRAWING AND APPLICATION Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 December 11, 2012 - 9 - :C: SUMMIT ■M■ TELECOM SERVICES Land -use Requirement: In lieu of a municipal protocol governing radio - communications and broadcasting antennas Summit Telecom Services will be following Industry Canada's default process as set out in their Spectrum Management and Telecommunications CPC -2 -0-03 (Issue 4) Industry Canada: • General information relating to antenna systems is available through Industry Canada's Spectrum Management and Telecommunications website (http://www.ic.gc.ca/antenna) Closing date for submission of public comments is TBD Contact: Summit Telecom Services Sean Ogilvie 2645 Royal Windsor Drive Mississauga, Ontario L5J 1K9 Tel: 289.400.3231 Fax: 888.622.4939 Email: sean @summit- tel.com a s■ a a 42 a Industry Canada Suite 1112 451 Talbot Street London, Ontario N6A 5C9 Tel: (519) 457 -4826 Fax: (519) 645 -5073 sp ectru m.l o n do n @ i c.gc. ca City of Niagara Falls Francesca Berardi Planner II 4310 Queen Street, PO Box 1023 Niagara Falls, Ontario L2E 6X5 Tel: 905- 356 -7521 (x4238) Email: fberardi @niagarafalls.ca Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1K9 PD- 2012 -76 December 11, 2012 -10 - PD- 2012 -76 Monday,June 25, 2012 10:14 AM Good Morning Ms. Schedler, Thank you for sending your comments in regard to the proposed Rogers telecommunication facility at 5499 Kalar Road in Niagara Falls Ontario. First I would like to let you know some procedural points. As a part of the consultation process we are required to provide 30 days for public comment and in Niagara Falls we must also host an open house. I would like to let you know that attendance to the open house is not mandatory and that any written comment received (whether at the meeting or email or letter etc) must be included as a part of the public record to the City of Niagara Falls for their consideration. One other housekeeping item I would like to let you know is that through the consultation procedures we follow we must acknowledge receipt of your comments within 14 days and respond in full within 60 days. Upon receipt of our response you will have an additional 21 days to respond regardless of the expiry date for public comment. In this specific case please accept this email as acknowledgement of your comments and a full response below. To address your concerns as best possible we have noted that you are concerned with the appearance /location of the proposal, affected property values, health concerns as well as environmental concerns. If there is anything we have missed please let us know. With regard to the location our search always begins by investigating existing towers and tall buildings or other structures to locate on top of rather than a new tower or structure. In this instance in order to achieve adequate coverage for this area Rogers required a height of 50m. We were given a point that centered roughly on the intersection of the railway tracks and Kalar Road. The north and south extremes of our search parameters were limited to Beaverdams Road and Racey Avenue while the east and west limits did not extend much further than the property lines of the junkyard and the industrial facility on Kalar Road. Given the limits of this area we were not able to locate on top of any tall buildings and further the closest existing structure is located 1.6km away from this proposed location and would not be suitable for covering the desired area. We feel this is the best location given the constraints of the search area and the options available. Within the constraints of the area we have maximized distance from residential homes. There are many similar installations located in industrial /commercial areas in between residential developments. December 11, 2012 -11 - PD- 2012 -76 With regards to property value we must advise that under the consultation guidelines of Industry Canada (found in the Client Procedures Circular CPC- 2 -0 -03 Issue 4 : Radiocommunication and Broadcasting Antenna Systems) concerns regarding property values are not considered relevant to consultation. There are many different opinions as to how these installations affect property value but we feel that much of the negativity and therefore the reason some people think it will reduce property value is the perception many people have that these are negatively affecting the areas they are located. The reality is that these installations are required to provide the services that so many Canadians take for granted. Many people do not consider the multiple billions of dollars contributed to the Canadian economy because of these installations, or the hundreds of thousands of jobs provided directly and indirectly by the wireless industry. Finally the direct benefits received by Canadian users is the coverage provided allowing us to remain competitive in a global context. Perceived in a more positive light we hope that many of the concerns regarding property value are alleviated. You briefly touch on health hazards in your email, the expert opinion of Health Canada, the Royal Society of Canada and many local Canadian doctors and Health Officials maintain that as long as the limitations of Health Canada's Safety Code 6 are respected there is no reason these installations should be considered dangerous to humans. If you would like more information on Safety Code 6 or health information regarding these installations please do not hesitate to ask. Finally you mention the Canadian Environmental Assessment Act (CEAA). As these installations are federally regulated they are subject to the Canadian Environmental Assessment Act as opposed to local environmental controls. Under the CEAA we have met the criteria to exclude this installation from an environmental assessment. These exclusionary criteria are as follows; the footprint of the structure is less than 25sq.m., the project is located more than 30m from a water body and the project does not involve the likely release of a polluting substance into a waterbody. If we did not meet the above criteria then we would have to go through an assessment or alter /move the installation so that the exclusionary criteria are met. I hope the above information was able to alleviate some of your concerns. For any additional information you may find helpful please do not hesitate to contact me. Again, I would like to point out that you will have an additional 21 days to respond to this email, regardless of the comment expiration date (July 6, 2012) December 11, 2012 -12 - PD- 2012 -76 Thank you for your comments regarding this installation. Sincerely, Sean Ogilvie Summit Telecom Services Inc December 11, 2012 Tuesday, June 26, 2012 8:49 AM -13 - PD- 2012 -76 Thank you for your response and I will reread it at home more carefully. Tracey Schedler OCT Teacher Librarian Greendale Public School DISTRICT SCHOOL BOARD OF NIAGARA 5504 Montrose Rd. Niagara Falls, Ontario L2H 1K7 (905) 358 -8111 tracey.schedler @dsbn.or December 11, 2012 Friday, June 22, 2012 2:00 PM To whom it may concern, - 14 - PD- 2012 -76 Please accept this email as my explicit objection to the proposed Rogers wireless telecommunications tower located at 5499 Kalar Road. There are numerous reasons for my position which include but are not limited to its proximity to schools, parks, and residential neighborhoods. The potential health and biological hazards from exposure to electromagnetic radiation alone should be reason enough to hault this process. Furthermore, prior to reconsidering such proposal, Health Canada needs to reduce the "allowable "exposure level by studying independent, non - industry funded research and heeding the recommendations of the preponderance of credible peer- reviewed international scientists. Respectfully, Courtney King 905 - 371 -8786 December 11, 2012 Monday, June 25, 2012 3:42 PM Good Morning Ms. King, -15 - PD- 2012 -76 Thank you for sending your comments in regard to the proposed Rogers telecommunication facility at 5499 Kalar Road in Niagara Falls Ontario. I would like to let you know is that through the consultation procedures we follow we must acknowledge receipt of your comments within 14 days and respond in full within 60 days. Upon receipt of our response you will have an additional 21 days to respond regardless of the expiry date for public comment. In this specific case please accept this email as acknowledgement of your comments and a full response below. From your email it appears that you have concerns with this proposed installation due to the chosen location as well as concerns regarding potential health affects of having a telecommunication facility nearby. Location: Regarding the location we are given a central point to get as close as possible to achieve the desired coverage, in this case for Rogers Communications. In reality we often cannot locate directly on this point as it may be in the middle of a road for example, and as such we are given an area with limits to how far the services can be deployed. In this case our limits were given to the north as far as Beaverdams Road and to the south approximately as far as Racey Avenue. East and west limits go from slightly outside the property line of the junk yard/ car lot to the far side of the industrial facility on the west side of Kalar Road. With these search constraints in mind we first look for opportunities to use existing tall structures or rooftop space to avoid a new tower structure. In this case there were no tall buildings or structures in the area to locate on top of and the closest existing telecommunication facility is located 1.6km away from the proposed search area. This would be too great of a distance to provide adequate coverage. With the above mentioned limitations our only options were the industrial facility to the west or the selected property. The proposed location is the farthest away from residential use that we could get in this instance. Health Concerns: Through the regulatory body of Industry Canada, Rogers Communications must attest to meet at a minimum the exposure limits set forth by Health Canada described in detail in Safety Code 6. Through multiple reviews it has been determined that as long as the limits of Safety Code 6 are respected these installations should not be considered harmful to humans. Because these limits are based off expert doctors, scientists and December 11, 2012 - 16 - PD- 2012 -76 independent review boards (The Royal Society of Canada) concerns whether Safety Code 6 is valid are not considered relevant to public consultation. That being said we would be happy to provide you with more information and resources on the subject if you would like to investigate further. Please do not hesitate to contact us for more information on the subject. Again, if you would like to further respond to our response you will have 21 days from receipt of this response. Thank you for your comments regarding this proposal, Sincerely, Sean Ogilvie Summit Telecom Services Inc., December 11, 2012 -17 - PD- 2012 -76 The following was sent as additional information to concerns raised by Paula and Larry Hevenor at the Public Open House on June 19, 2012. Monday, July 9, 2012 12:33 PM Hello Mr. and Mrs. Hevenor, My apologies for the delay in this response. The original was sent June 29 to the email address written on the sign in sheet from our meeting.. The sheet says phevenor @cogeco.ca and speaking with Mrs. Hevenor a moment ago I was informed there should be a 1 included at the end of the address. Please see the response below with regards to what was discussed at our meeting. As I mentioned on the phone, you will have an additional 21 days to respond to this email regardless of the expiration date for public comment. One additional note, Mrs. Hevenor you mentioned some of the risks associated with WiFi in schools and I thought you may find this Zink interesting. http: / /bc.ctvn ews. ca /wi -fi -da nger-in- schools - overblown- ctv- investigation- 1.854418#ixzzlyzeAGxtc It appears that Children are more exposed in the playground then inside and face the same exposure as students in schools with no Wifi equipment. I do not mean in any way to get into a "who can google more information battle" I just happened to see this article this morning and thought you might find it interesting. As I mention below please feel free to contact me if you have any questions. I believe all my contact information is included. Regards, Sean The original follow up: Friday, June 29, 2012 11:48 AM Good Morning Pearl and Larry Hevenor, Sorry for the delay in getting this information to you, its been a bit of a hectic week leading up to the long weekend. Just for your information 1 would like to let you know that any comments received must be acknowledged within 14 days and responded to in full within 60 days, upon receipt of December 11, 2012 - 18 - PD- 2012 -76 a full response from us you have an additional 21 days to respond regardless of the expiration of public comment (in this case July 6) With regards to you inquiry about other Rogers facilities nearby I have included the map below. It does not include every Rogers tower or site but it does have the closest ones to the new proposed site and it may also help to shed some light as to how this facility would fit in the network. The closest sites shown below are; 4424 Montrose Rd., the QEW at McLeod (right behind where we had our open house), there is a tower on top of the bridge at Lundy's lane where it crosses the Welland Canal and there are also Rogers services on top of the water tower at Lundy's Lane and Drummond Rd. As you can see in the more populated areas there are a much greater number of services in place to meet the demand. Understandably people may not want to look at these towers in their backyards but we are however restricted in the amount of possible locations and with the restrictions we faced in this specific situation we feel we have selected the most appropriate location. If you would like more details on any of the sites below or any other site in Niagara for that matter I would be happy to get that information for you. Per your request I have also included the attached protocol for tower siting in Niagara Falls. If you require any clarification or have any questions about the procedure in Niagara Falls please do not hesitate to contact me. Again from a procedural standpoint you have an additional 21 days to respond to this email but please feel free to contact me any time if you have any questions or require any further information. I have included my contact information below. On a more pleasant note I hope you have a great long weekend and a Happy Canada Day! Regards, (attached map below, as well as a copy of Niagara Falls telecommunication protocol) Sean Ogilvie Summit Telecom Services Inc. 2645 Royal Windsor Drive Mississauga, ON L5J 1K9 905 - 630 -7912 sean @summit - tel.com Niagarapllls REPORT TO: SUBMITTED BY: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Legal Services L- 2012 -22 December 11, 2012 SUBJECT: L- 2012 -22 Permanently Close and Declare Surplus Part of the Road Allowance between Township Lots 119 & 120 Our File No.: 2011 -179 RECOMMENDATION 1. In the event, and only in the event, that Council has determined that the subject lands are surplus to the requirements of the City of Niagara Falls, that Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane lying between Thorold Townline Road and Beechwood Road, ( "Upper's Lane lands "), the Upper's Lane lands be declared surplus and offered for sale to Walker Industries at the same price per square metre as is received for the lands that are the subject of Report No. L- 2012 -19, subject to an annual increase calculated in accordance with the Consumer Price Index. 2. That the closing of the public highway that is the Upper's Lane lands be conditional upon Walker Industries securing the planning relief required to ensure that the sale of the Upper's Lane lands will comply with the Planning regulations of the City of Niagara Falls and that the Upper's Lane lands are not required for access to any property that is not owned by Walker Industries. EXECUTIVE SUMMARY Walker Industries is the abutting landowner of the majority of the Upper's Lane lands and has requested the City to convey said Upper's Lane lands to it, for its quarry operations. Particulars of the subject transaction are as follows: • • • • • • Total Area: Zoning: Type of Property: Location: Appraised Value: Purchase Price: Conditions: Approximately 2.11 acres Agricultural & Hazard Land Vacant Land East of Thorold Townline Road, west of Beechwood Road $55,000.00 $19,880.00 per acre or $41,946.80 (adjusted for inflation as agreed by Council when Report No. 2012 -19 was adopted on September 11, 2012) That Walker Industries secures planning approvals for the transaction; and that the Upper's Lane lands are no longer required for access to any other lands. December 11, 2012 BACKGROUND - 2 - L- 2012 -22 This request is somewhat unusual, in that the subject part of Upper's Lane is open and in use. There are at least five properties that use the Upper's Lane lands for access. However, Walker Industries is the owner of all but one of these parcels and it is actively negotiating to acquire this last one. (This last parcel is also on the corner of Beechwood Road and Upper's Lane and it is possible that an access for it could be developed coming off of Beechwood Road.) Planning Staff have advised that the transaction must require a condition that the existing dwellings be demolished so that there will not be a zoning violation created by the closure of the road. (The zoning by -law requires that a building be located upon an open municipal road.) ANALYSIS /RATIONALE It would appear that Walker Industries is trying to achieve certainty as to the cost of acquisition of the Upper's Lane lands in the course of the planned expansion of its quarry. It is clear from the tone and wording of their Offer that they are aware that the process of acquiring this land will involve further procedures. Once the issue of the properties requiring access is resolved (and it appears that this is well on the way to resolution), the City would have no further use for the Upper's Lane lands. Therefore, the transaction would seem to be a reasonable proposition. The City's appraisal is higher than the value offered, however, as was the case with the lands discussed in Report Nos. L- 2012 -19 and L- 2012 -20, the appraiser was attempting to include in the estimate an allowance for the aggregate potential of the Upper's Lane lands. However, he has warned that the appraisal should not be regarded as a precise estimate of value. His effort to account for the aggregate value adds an additional element of uncertainty to the appraisal procedure. The price that Council has agreed upon is a compromise with Walker Industries, who were of the view that the City's appraisal was very high. The presence of an adjustment for the Consumer Price Index will provide the City with some degree of assurance that the price will keep pace with inflation. There are many ways the issue of access for the one remaining owner could be resolved. For example, the lands could be conveyed, subject to a right -of -way in favour of that owner, or a new access could be developed off of Beechwood Road. If necessary, all options will be explored until a satisfactory arrangement is in place. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to financial sustainability, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. December 11, 2012 ATTACHMENTS Location Map Report L- 2012 -20 Recommended by: Respectfully submitted: K. Beaman Attachments - 3 - L- 2012 -22 Ken Beaman, City Solicitor Ken odd, Chief Administrative Officer 1 1 I 1 1 1 SKETCH OF SUBJECT SITE 50 'A0LLZAM STREET, ST. CATHARINES, ONTARIO L2R.512 -'telephone 1905) 585 - ,527 F x (905) 535 -7344 :vIay, 'O L - Part of he Road allowance between Towbahip Lora 119 & :10, Niagara Palls Niagaraf alts IN CAMERA L- 2012 -20 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: September 11, 2012 In Camera L- 2012 -20 Permanently Close and Declare Surplus Part of the Road Allowance between Township Lots 119 & 120 Our File No.: 2011 -179 RECOMMENDATION 1. In the event, and only in the event, that Council has determined that the subject lands are surplus to the requirements of the City of Niagara Falls, that Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane Tying between Thorold Townline Road and Beechwood Road, ( "Upper's Lane lands "), as shown on attached Location Map, and in the further event that Walker Industries obtains a Quarry Licence that includes the Upper's Lane lands, the Upper's Lane lands be declared surplus and offered for sale to Walker Industries for its future quarry operations, at the same price per square metre as is received for the lands that are the subject of Report L- 2012 -19, subject to an annual increase calculated in accordance with the Consumer Price Index. 2. That Council permit Walker Industries to make applications for the planning, zoning and licensing permissions required to establish a quarry that includes the Upper's Lane lands. EXECUTIVE SUMMARY Walker Industries is the abutting landowner of the Upper's Lane lands and has requested the City to convey said Upper's Lane lands to it, for its quarry operations. Particulars of the subject transaction are as follows: • • • • • • • Total Area: Zoning: Type of Property: Location: Appraised Value: Purchase Price: Condition Approximately 2.11 acres Agricultural & Hazard Land Vacant Land East of Thorold Townline Road, west of Beechwood Road $55,000.00 $19,880.00 per Acre or $41,946.80 That Walker Industries secures a quarry licence for the Upper's Lane lands; that the Upper's Lane lands are no longer required for access to any other lands; and that the City consent to Walker Industries including the Upper's Lane lands in making applications under the Planning Act and the A trnno Anf September 11, 2012 - 2 - L- 2012 -20 BACKGROUND This request is somewhat unusual, in that the subject part of Upper's Lane is open and in use, There are at least four properties that use the Upper's Lane lands for access. However, Walker Industries is the owner of all but one of these parcels and it is actively negotiating to acquire this last one. (This last parcel is also on the corner of Beechwood Road and Upper's Lane and it is possible that an access for it could be developed coming off of Beechwood Road.) Planning Staff have advised that the transaction should involve a condition that the existing dwellings be demolished so that there will not be a zoning violation created by the closure of the road. (The zoning by -law requires that a building be located upon an open municipal road.) ANALYSIS /RATIONALE It would appear that Walker Industries is trying to achieve certainty as to the cost of acquisition of the Upper's Lane lands in the course of the planned expansion of its quarry. It is clear from the tone and wording of their Offer that they are aware that the process of acquiring this land may involve a few more steps. Once the issue of the properties requiring access is resolved (and it appears that this is well on the way to resolution), the City would have no further use for the Upper's Lane lands. Therefore, the transaction would seem to be a reasonable proposition, The City's appraisal is higher than the value offered, however, as was the case with the lands discussed in Report L- 2012 -19, the appraiser was attempting to include in the estimate an allowance for the aggregate potential of the Upper's Lane lands. However, he has warned that the appraisal should not be regarded as a precise estimate of value. His effort to account for the aggregate value adds an additional element of uncertainty to the appraisal procedure. The presence of an adjustment for the Consumer Price Index will provide the City with some degree of assurance that price will keep pace with inflation. However, there must be some time limit to Council's commitment. Walker Industries must be given a time within which they must complete their application processes. Further, Council might consider charging a fee for the granting of permission to use the City's name in making applications under the Planning and Aggregate Resources Acts. Permitting Walker Industries to make these applications does not mean that the City is endorsing the quarry at this time. Council is merely permitting the applications to be made. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to financial sustainability, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. September 11, 2012 - 3 - ATTACHMENT Location Map Recommended by: Ken Beaman, CitySplicitor Respectfully submitted: -'‘ P Y K Beaman Attachment L- 201220 Ken odd, Chief Administrative Officer 1 1 1 1 1 1 1 1 1 1 1 SKETCH OF SUBJECT SITE 50 V7U,LLAM STREET, ST, C:ATHARINES, ONTARIO L2R 512 Telephone (905) 635 -3327 Fax (905) 635 -7844 2 - 2L r o E he Road iowacce b tweet Fownship Lots U9 z (20, Diiaga;a Falls a 02/5/2012) Dean Iorfida Fireworks, Skylon Tower, New Years Eve Page From: Nancy Benedict <nbenedict @fxworxinc.com> To: Dean lorfida <diorfida @niagarafalls.ca> CC: Lee Carr <Icarr @skylon.com >, Mark Rice <mrice @fxworxinc.com> Date: 12/3/2012 2:36 PM Subject: Fireworks, Skylon Tower, New Years Eve > Good Afternoon Dean, > I hope you had a great 2012 and now that we are closing in on 2013, could you please put forward my request to City Council on behalf of FX WORX INC. for their approval to shoot fireworks off the Skylon Tower on New Years Eve. > Please contact me if you require additional information. > > Thank you in advance. > > Warm Regards, > > Nancy "Everything is interpretive and everything happens for a musical reason ". Nancy Benedict FX WORX INC Tel: 905 - 304 -1348 Cel: 289 - 439 -PYRO (7976) www.fxworxinc.com www.facebook.com /FxWorx The information in this e-mail is intended solely for the addressee(s) named, and is confidential. Any other distribution, disclosure or copying is strictly prohibited. If you have received this communication in error, please reply by e -mail to the sender and delete or destroy all copies of this message. Les renseignements contenus dans le present message electronique sont confidentiels et concernent exclusivement le(s) destinataire(s) esigne(s). II est strictement interdit de distribuer ou de copier ce message. Si vous avez requ ce message par erreur, veuillez repondre par courriel a I'expediteur et effacer ou detruire toutes les copies du present message.. > > CD- 2012 -11 NiagarataIls December 11, 2012 t.1V 1D.1 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Clerks Department CD- 2012 -11 Adult Entertainment Hearing, November 27 RECOMMENDATION That based on the recommendation of the Adult Entertainment Appeals Committee, the decision of the Issuer of Licences in the revocation of a licence be upheld. EXECUTIVE SUMMARY Any revocation, suspension or refusal of a business licence allows for an appeal process. Under the City's Live Adult Businesses By -law, a committee of Council has the authority to hear appeals and make recommendations to Council. An appeal was heard on November 27, 2012 at City Hall. The appeal was as a result of the revocation (Revocation hearing) of a licence of an entertainer who had recently been charged under the Criminal Code. Revocations of licences automatically lead to a hearing before the committee. The hearing followed the provisions of the Live Adult Businesses By -law. Upon conclusion of the evidence, the committee made a decision and their recommendation is contained in the recommendation report for Council's approval. BACKGROUND City By -law 2002 -197 (the "By- law "), is a by -law that provides for the licensing, regulating, governing, classifying and inspecting of body -rub parlours and a certain class of adult entertainment parlours. The City has an agreement with the Regional Municipality of Niagara Police Services Board delegating the administration, inspection, enforcement, licensing and regulating of adult entertainment parlours. The City maintains the administration, inspection, enforcement, licensing and regulating of body rub parlours. Under By -law 2002 -197, the Issuer of Licence may revoke a licence if the continuing to hold a licence would infringe the rights or endanger the safety of one or more members of the public, as per section 19(2) of the by -law. An existing licensee, who has their licence revoked, automatically receives a hearing before the committee of Council. Upon conclusion of a hearing before the Committee, a written report shall, as soon as practical, be presented to Council. December 11, 2012 - 2 - CD- 2012 -11 This report is a result of an appeal heard on November 27, 2012 at 3:30 p.m. in Committee Room #1, City Hall arising out of the revocation of an adult entertainer's license by the Issuer of Licences from the Police Services Board. Notice of the hearing was posted on the Committee section of the City's website. ANALYSIS /RATIONALE Revocation Hearing The Issuer of Licences from the Police Services Board issued a recommendation to revoke the licence of an adult entertainer. The entertainer had been recently charged for two incidents of robbery and disguise with intent. Although the charges are not convictions at this time, according to the Issuer of Licences, the accused has confessed to the crimes, was apprehended shortly after the commission of the offences and surrendered proceeds related to the crimes. The entertainer was still in custody on the date of the hearing but had indicated that he had no interest in continuing with his licence. The Issuer of Licences recommended the revocation of licences under the following grounds under the By -law: 19(2) (g): the past or present conduct of the applicant or of anyone or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, of one or more members of the public; The decision by the Issuer of Licences to recommend revocation without a formal conviction was based on section 22 of the by -law: 22. In deciding whether to grant, refuse, revoke or suspend a licence, or allow a licence to continue subject to conditions, the Council may receive relevant evidence of and act upon, the fact that one or more persons have been convicted of an offence, but may also consider and act upon evidence of conduct, whether ornot prohibited by this By -law or any other law, or which could be the subject matter of a charge under this By -law or any other law, whether ornot any charge or conviction may have resulted or may in the future result, from such conduct. Based on the fact that the entertainer's licence was set to expire a week after the hearing and the severity of the charges, the Committee recommendations that the decision of the Issuer of Licences to revoke the licence be upheld. Based on the Committee's recommendation, Council can uphold the revocation of the licences as per section 15(6)(d) of the By -law. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The hearing and recommendation report are in compliance with the provisions of the City's Live Adult Businesses By -law (2002 -197, as amended). December 11, 2012 Recommended by: -3- Dean lorfida, Ci Clerk Respectfully submitted: DI CD- 2012 -11 Ken Todd, Chief Administrative Officer F- 2012 -58 Niagaraaalls December 11, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2012 -58 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $2,823,359.21 for the period November 8, 2012 to November 21, 2012. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd Harri on, Dire tor of Finance Ken Todd, Chief Administrative Officer Page 1 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 912701 ONTARIO LIMITED REGIONAL SANDBLASTING & PAINTING 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A J STONE COMPANY LTD A J STONE COMPANY LTD A N MYER SECONDARY SCHOOL ABSOLUTE COMMUNICATION & DESIGN ACCU LOCK AND SECURITY ACHIEVE TRAINING CENTRE ADEWUMI,AYO ADVANCE TOWING AIRON HVAC AIRON HVAC ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALL PRO RENTALS ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALTEC INDUSTRIES LTD AMALGAMATED TRANSIT UNION #1582 APPLIED GEOLOGICS INC ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARTISTA DESIGN & PRINT INC B & J ELECTRIC (2003) INC BAGNULO,ERNIE BATEMAN,SCOTT BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BAXTER - MOORE,NICK BEAMAN,KEN BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BERNAT,CLARK BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BLAIR,RICK BOB ROBINSON & SON CONSTRUCTION BURNETT,MIKE BURNSTEIN BRICK BYERS,SARA C -MAX FIRE SOLUTIONS CABCON CONTRACTING LTD CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANPAR TRANSPORT L.P. CANPAR TRANSPORT L.P. CANQUEST COMMUNICATIONS (WIRELESS) INC. CARLETON UNIFORMS INC CARRICK,MARZENNA CARRIER ENTERPRISE CANADA L.P. CARSWELL CASTLE MECHANICAL CENTRE COURT CAFE CENTURY BUILDING RESTORATION INC CENTURY VALLEN CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CIMCO REFRIGERATION CLAYDON,JEFF CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO LIMI1 COFFEY GEOTECHNICS INC COLLEE, DOUG COMMISSIONAIRES COMPRESSION TECHNOLOGY CORPORATION 359619 21- Nov -2012 359620 21- Nov -2012 359460 14- Nov -2012 359621 21- Nov -2012 359461 14- Nov -2012 359622 21- Nov -2012 359465 14- Nov -2012 359628 21- Nov -2012 359469 14- Nov -2012 359623 21- Nov -2012 359624 21- Nov -2012 359462 14- Nov -2012 359625 21- Nov -2012 359463 14- Nov -2012 359464 14- Nov -2012 359627 21- Nov -2012 359458 08- Nov -2012 359629 21- Nov -2012 359468 14- Nov -2012 359466 14- Nov -2012 359630 21- Nov -2012 359467 14- Nov -2012 359631 21- Nov -2012 359632 21- Nov -2012 359633 21- Nov -2012 359470 14- Nov -2012 359471 14- Nov -2012 359634 21- Nov -2012 359472 14- Nov -2012 359480 14- Nov -2012 359635 21- Nov -2012 359636 21- Nov -2012 359473 14- Nov -2012 359637 21- Nov -2012 359474 14- Nov -2012 359475 14- Nov -2012 359477 14- Nov -2012 359639 21- Nov -2012 359476 14- Nov -2012 359478 14- Nov -2012 359479 14- Nov -2012 359640 21- Nov -2012 359481 14- Nov -2012 359641 21- Nov -2012 359642 21- Nov -2012 359643 21- Nov -2012 359644 21- Nov -2012 359653 21- Nov -2012 359482 14- Nov -2012 359483 14- Nov -2012 359645 21- Nov -2012 359646 21- Nov -2012 359485 14- Nov -2012 359484 14- Nov -2012 359647 21- Nov -2012 359648 21- Nov -2012 359486 14- Nov -2012 359487 14- Nov -2012 359488 14- Nov -2012 359649 21- Nov -2012 359489 14- Nov -2012 359490 14- Nov -2012 359492 14- Nov -2012 359491 14- Nov -2012 359493 14- Nov -2012 359650 21- Nov -2012 359495 14- Nov -2012 359651 21- Nov -2012 359652 21- Nov -2012 359654 21- Nov -2012 US DRAFT 16- Nov -2012 359655 21- Nov -2012 359656 21- Nov -2012 SERVICES VEH ID# 131 MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES TRAVEL/MILEAGE SERVICES SERVICES SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE MATERIALS VEH ID #157 MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS LEASES AND RENTS HONOURARIUM TRAVEL/MILEAGE SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS CERTIFICATE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS VEH ID# 571, 572 REFUND MATERIALS MATERIALS CONTRACT SERVICES MATERIALS SERVICES SERVICES MATERIALS MATERIALS TRAVEL /MILEAGE MAINTENANCE /REPAIRS MATERIALS SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS TRAINING CONTRACT SERVICES SERVICES 509.63 226.00 4,875.95 73.45 6,129.53 13, 931.64 11, 747.48 4,644.30 100.00 1,101.75 350.30 372.90 92.04 197.75 1,966.20 1,854.51 30,941.73 51.38 61.65 27.12 27.12 576.30 3,850.57 2,420.00 11,461.65 405.99 1,732.77 252.12 56.50 728.74 750.00 150.00 386.82 623.92 30.00 22.88 558.25 14.91 113.00 268.70 777.44 351.20 70.00 3,818.09 150.00 1,272.95 155.39 562.10 750.00 305.97 453.29 1,105.91 14,633.50 17.24 33.15 1,342.44 395.11 152.36 313.04 336.67 509.07 131.02 750.00 200.89 367.65 206.23 1,530.01 150.00 305.10 511.33 147.15 20,843.73 784.56 Page 2 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CORIX WATER PRODUCTS (EAST) INC COTTON INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CUPE LOCAL 133 CYBERBAHN INC D K TECHNICAL SERVICES INC DALIMONTE,JOE DALTON, NORMAN DAMARIO,TONY DANIELE,MICHAEL DAVIDSON ENVIRONMENTAL DETENBECK,TOM DISABATINO,ADRIANO DIVAL SAFETY & SUPPLIES OF CANADA DON'S PORTABLE TOILETS DROLLIS SAFETY SUPPLY CO LTD DUECK,GREG E & R LAWN EQUIPMENT E -QUIP RENTALS & REPAIRS INC EDGAR HARRIS, EMCO CORPORATION EMCO CORPORATION ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EXCELLENCE CANADA FALLS AUTO BODY INC FASTENAL CANADA LTD FASTENAL CANADA LTD FEHRS TROPHY & ENGRAVING FIRE SAFETY DISTRIBUTION CENTRE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FONTASY SIGN & DISPLAY INC FREDERICK,RICK G C DUKE EQUIPMENT LTD GABRIELE,JEREMY & JENNIFER GALES GAS BARS GIRARDI,CHRISTINE GOLDSWORTHY, LYNN GOODLIFE FITNESS - CORPORATE WELLNESS GORDON BANNERMAN LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREEN,BRUCE GRMEK,BORIS GROTTOLA,FRANK & NANCY GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GYM CON LTD H D SUPPLY POWER SOLUTIONS H D SUPPLY POWER SOLUTIONS HAINES,DENISE HALCO MOBILE MFG SALES & SERVICE INC HAYGAR ENTERPRISES HENDERSON RECREATION EQUIPMENT LIMITED HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HILL BOLES LTD HORTON AUTOMATICS OF CANADA IBI GROUP ICECO ADVANCED ARENA PRODUCTS INDEPENDENT SUPPLY COMPANY INC INDUSTRY CANADA INKSTER,LEN INNOVATIVE SURFACE SOLUTIONS CANADA INTELLICEPT IOANNONI,CARMINE J & B PROCESS SERVING INC Cheque No. 359657 359658 359496 359659 359660 359661 359666 359497 359498 359662 359663 359664 359499 359500 359501 359667 359502 359668 359506 359672 359503 359504 359669 359505 359670 359671 359673 359674 359507 359508 359509 359675 359676 359677 359510 359678 359511 359679 359681 359512 359680 359513 359514 359682 359683 359515 359684 359685 359516 359686 359517 359687 359518 359688 359519 359521 359691 359689 359690 359520 359522 359692 359523 359693 359694 359695 359696 359697 359698 359699 359524 US DRAFT 359525 359527 Cheque Date 21- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 14- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 14- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 14- Nov -2012 21- Nov -2012 14- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 21- Nov -2012 14- Nov -2012 16- Nov -2012 14- Nov -2012 14- Nov -2012 Purpose MATERIALS MATERIALS TRUST ACCOUNT REPLENISHMENT SERVICES PAYROLL REMITTANCE REPLENISH ACCT # 98030007 MATERIALS MATERIALS MATERIALS MATERIALS TRAINING MATERIALS MATERIALS REFUND MATERIALS LEASES AND RENTS MATERIALS MATERIALS SERVICES LEASES AND RENTS MATERIALS MATERIALS MATERIALS UTILITIES UTILITIES SERVICES MATERIALS SERVICES MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID# 60 MATERIALS MATERIALS MATERIALS REFUND FUEL PROGRAMMING REFUND MEMBERSHIP LEASES AND RENTS MATERIALS MATERIALS MATERIALS SERVICES RELEASE OF SITE PLAN DEPOSIT CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS SERVICES MATERIALS MATERIALS REFUND LEASES AND RENTS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS CONSULTING SERVICES MATERIALS MATERIALS LICENSE GRANT - 2012 MATERIALS MATERIALS TRAVEL /MILEAGE SERVICES Amount 418.27 3,775.57 12,835.64 2,519.00 7,982.14 500.00 254.25 146.89 150.00 56.47 224.73 94.92 150.00 750.00 225.55 3,278.75 1,712.63 150.00 1,141.02 180.80 760.00 12,954.94 2,037.39 1,054.69 1,342.99 819.25 12,856.69 915.30 1,124.35 1,787.66 775.48 1,014.22 134.47 6,983.89 618.27 6,264.27 553.70 125.00 826.44 750.00 207.00 75.78 101.70 1,469.02 1,873.54 752.11 1,424.79 150.00 300.00 30,000.00 887.95 1,774.11 488.66 1,394.85 24, 991.08 202.86 342.39 6.00 621.50 692.35 3,500.74 2,647.59 127.65 998.96 107.35 9,763.20 2,850.72 20.08 372.80 7,947.00 5,023.80 1,758.24 72.26 79.10 Page 3 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name JACKET CELLAR THE JACKET CELLAR THE JOCELYN ROOF CONSULTANTS GROUP INC JOHNNY ROCCOS ITALIAN GRILL JR B CANUCKS JR B CANUCKS KARES,TED KAUPP ELECTRIC LTD KELLY DIGS LANDSCAPING KERRY T HOWE ENGINEERING LTD KRAWCZYK CONSTRUCTION MAINTENANCE KROWN RUST CONTROL LAKE'S MAINTENANCE LATOPLAST LTD LAWNS AND MORE INC. LAWNS AND MORE INC. LEA,TIM LES,TOMISLAV LIPPERT & WRIGHT FUELS INC LUEY,TIM M & L SUPPLY FIRE AND SAFETY MANOR CLEANERS MANPOWER MASSOLIN, RON MATTIE,RONNIE MAZI,JEFF MCBURNEY DURDAN HENDERSON & CORBETT IN TRUST MCCANICAL INC MERCER (CANADA) LIMITED METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD MIGNELLI,CARMEN MIKES PAINTING WALLPAPER & DECORATING MINISTRY OF ATTORNEY GENERAL MISENER,ROB MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MOROCCO,JOHN N.S.M FABRICATING LIMITED NATCHITOCHES CENTRAL MARCHING BAND NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY & TIRE NIAGARA COLLEGE BROADCASTING RADIO TELEVISION & FILM NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA DOOR & HARDWARE 1434220 ONTARIO LIMITED NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS HUMANE SOCIETY NIAGARA HISTORICAL SOCIETY & MUSEUM NIAGARA MOTORS LTD NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL TOWING NIAGARA THIS WEEK NORJOHN CONTRACTING & PAVING LTD NORJOHN CONTRACTING & PAVING LTD NORJOHN CONTRACTING & PAVING LTD O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING ORHCARD PARK HIGH SCHOOL MARCHING BAND P M PRODUCTIONS PACIFIC ALLIANCE TECHNOLOGIES PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PEREDUN,KATRINA Cheque No. Cheque Date 359526 14- Nov -2012 359700 21- Nov -2012 359701 21- Nov -2012 359702 21- Nov -2012 359528 14- Nov -2012 359703 21- Nov -2012 359529 14- Nov -2012 359704 21- Nov -2012 359705 21- Nov -2012 359706 21- Nov -2012 359707 21- Nov -2012 359530 14- Nov -2012 359531 14- Nov -2012 359708 21- Nov -2012 359532 14- Nov -2012 359709 21- Nov -2012 359533 14- Nov -2012 359710 21- Nov -2012 359535 14- Nov -2012 359712 21- Nov -2012 359544 14- Nov -2012 359536 14- Nov -2012 359537 14- Nov -2012 359538 14- Nov -2012 359539 14- Nov -2012 359713 21- Nov -2012 359540 14- Nov -2012 359541 14- Nov -2012 359714 21- Nov -2012 359542 14- Nov -2012 359716 21- Nov -2012 359717 21- Nov -2012 359718 21- Nov -2012 359543 14- Nov -2012 359719 21- Nov -2012 359618 16- Nov -2012 359545 14- Nov -2012 359720 21- Nov -2012 359546 14 -Nov -2012 359735 21- Nov -2012 US DRAFT 16- Nov -2012 359721 21- Nov -2012 359722 21- Nov -2012 359547 14- Nov -2012 359548 14- Nov -2012 359549 14- Nov -2012 359724 21- Nov -2012 359725 21- Nov -2012 359550 14- Nov -2012 359551 14- Nov -2012 359726 21- Nov -2012 359727 21- Nov -2012 359552 14- Nov -2012 359617 15- Nov -2012 359728 21- Nov -2012 359729 21- Nov -2012 359730 21- Nov -2012 359566 14- Nov -2012 WIRE 15- Nov -2012 359731 21- Nov -2012 359732 21- Nov -2012 359553 14- Nov -2012 359733 21- Nov -2012 359734 21- Nov -2012 359555 14- Nov -2012 359736 21- Nov -2012 US DRAFT 16- Nov -2012 359742 21- Nov -2012 359556 14- Nov -2012 359737 21- Nov -2012 359557 14- Nov -2012 359558 14- Nov -2012 359738 21- Nov -2012 359559 14- Nov -2012 Purpose MATERIALS MATERIALS CONSULTING SERVICES MATERIALS TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS VEH ID# 33 SERVICES MATERIALS SERVICES MATERIALS MATERIALS TRAVEUMILEAGE FUEL REFUND MATERIALS SERVICES SERVICES MATERIALS TRAVEUMILEAGE REFUND 10% DEPOSIT 6034 KALAR RD SERVICES MATERIALS MATERIALS SERVICES MAINTENANCE /REPAIRS TRAVEL /MILEAGE SERVICES PAYROLL REMITTANCE SERVICES MATERIALS MATERIALS TRAVEL /MILEAGE MATERIALS SANTA PARADE BAND MATERIALS VEH ID #141 SERVICES MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REFUND -FOR CCC CEMETERY VEH ID# 336 MATERIALS UTILITIES UTILITIES UTILITIES -WATER TRANSF UTILITIES MATERIALS MATERIALS TRANSIT PRIORITY SIGNALS -VTS CONTRACT SERVICES ADVERTISING CONTRACT SERVICES CONTRACT SERVICES PC 2 2012 -03 CONTRACT SERVICES PC 3 2012 -03 MATERIALS MATERIALS SANTA PARADE BAND MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS TRAVEUMILEAGE Amount 29.38 485.90 3,107.50 904.00 2,356.00 2,820.00 150.00 1,108.53 25, 391.54 1,498.86 452.00 135.54 352.56 46.10 4,960.70 2,034.00 150.00 343.72 8,388.60 326.24 230.57 37.57 1,140.18 150.00 314.14 135.59 5,000.00 1,580.87 2,169.60 3,082.04 8,042.97 2,553.75 135.20 565.00 1,336.80 350.00 5,133.22 1,140.71 228.28 2,214.80 1,500.00 820.38 2,511.15 750.00 63.28 723.20 7,054.35 7,676.30 80.00 3,773.97 39, 098.00 2,901.29 2,344.13 28,163.33 9,454.40 42, 774.88 64.88 5,191.50 252,529.51 305.10 3,161.74 211,708.67 120,723.38 361,643.20 6,171.59 29,661.10 1,500.00 1,958.91 3,655.63 283.61 52.55 196.62 1,713.67 34.32 Page 4 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PERFORMANCE CARS PETERS EXCAVATING INC PITNEY WORKS PLAYPOWER LT CANADA INC T44069C POS TRANSACTIONS POTTER,JIM PRAXAIR PRINTING HOUSE LTD PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PULLIA,RITA PURE WATER PVS CONTRACTORS R E P CO. R V ANDERSON ASSOCIATES LIMITED R.J. MCCARTHY LIMITED PARTNERSHIP RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RECEIVER GENERAL RED TRAC A DIVISION OF D & W GROUP INC. REGIONAL MUNICIPALITY OF NIAGARA REMPEL MASONRY RESTORATION INC RESEARCH & PRODUCTIVITY COUNCIL RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RIVERHAWKS RUSSELL,CHRIS S.C. WATSON SERVICES SAINT MICHAEL HIGH SCHOOL SAINT PAUL CATHOLIC HIGH SCHOOL SCERVINO JR,LOU SCHACHOWSKOJ,KENT SCHINDLER ELEVATOR CORPORATION C/O T52649 SCOTT, PETER SECURITRIM (2002) INC SERVICEMASTER CLEAN OF NIAGARA SHRED IT INTERNATIONAL INC SIMPSON,DAVE SIMS,MARVIN& FARE, JANIS SINGER,HELEN SIX PAYMENT SERVICES (USA) CORP SKRZESZEWSKI,STAN SLINN,MARK SPARKLE SOLUTIONS STAMFORD COLLEGIATE STANCO SIGNS AND PROMOTIONS STANTE,SISINO STAR TILE CENTRE LIMITED STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STITCH IT CANADA'S TAILOR STOKES INTERNATIONAL STREAMLINE UPHOLSTERY INC SULLIVAN MAHONEY LLP SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP TALK WIRELESS INC TECHNICAL STANDARDS & SAFETY AUTHORITY TECHNICAL STANDARDS & SAFETY AUTHORITY THE HIT MEN BRASS BAND THOMPSON,JEFF THYSSENKRUPP ELEVATOR TICKET TRACER CORPORATION TOROMONT TOTH,STEVE TOUCHSTONE SITE CONTRACTORS TOWN OF NIAGARA ON THE LAKE UNITED WAY UNIVERSITY OF TORONTO PRESS INC UPPER CANADA CONSULTANTS UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC UTP GUIDANCE CENTRE VIKING LIVES LTD Cheque No. Cheque Date Purpose Amount 359739 21- Nov -2012 MATERIALS 20.88 359740 21- Nov -2012 CONTRACT SERVICES 2012 - 257 -11 173,221.98 359741 21- Nov -2012 MATERIALS 22,600.00 359560 14- Nov -2012 MATERIALS 594.38 359743 21- Nov -2012 MATERIALS 350.81 359561 14- Nov -2012 MATERIALS 150.00 359744 21- Nov -2012 MATERIALS 1,103.39 359745 21- Nov -2012 MATERIALS 33.90 359746 21- Nov -2012 CONTRACT SERVICES -2012- 250 -11 264,185.38 359562 14- Nov -2012 MATERIALS 64.39 359747 21- Nov -2012 MATERIALS 35.00 359563 14- Nov -2012 MATERIALS 141.25 359567 14- Nov -2012 MATERIALS 172.10 359753 21- Nov -2012 MATERIALS 3,745.40 359752 21- Nov -2012 MATERIALS 155.91 359564 14- Nov -2012 MATERIALS 273.10 359748 21- Nov -2012 MATERIALS 257.64 359749 21- Nov -2012 PAYROLL REMITTANCE 353,447.43 359565 14- Nov -2012 LEASES AND RENTS 7,650.10 359616 14- Nov -2012 MATERIALS 225.00 359750 21- Nov -2012 MAINTENANCE /REPAIRS 3,955.00 359568 14- Nov -2012 SERVICES 293.80 359569 14- Nov -2012 REMITTANCE 847.50 359751 21- Nov -2012 ADVERTISING 150.00 359570 14- Nov -2012 TRAVEUMILEAGE 682.04 359757 21- Nov -2012 CONTRACT SERVICES 960.50 359573 14- Nov -2012 SERVICES 100.00 359574 14- Nov -2012 SERVICES 100.00 359754 21- Nov -2012 REFUND 150.00 359575 14- Nov -2012 TRAVEUMILEAGE 370.24 359755 21- Nov -2012 CONTRACT SERVICES 2,003.61 359756 21- Nov -2012 MATERIALS 88.13 359577 14- Nov -2012 MATERIALS 870.94 359758 21- Nov -2012 CONTRACT SERVICES 282.50 359578 14- Nov -2012 MATERIALS 94.48 359759 21- Nov -2012 REFUND 150.00 359579 14- Nov -2012 REFUND 750.00 359580 14- Nov -2012 REFUND 750.00 359760 21- Nov -2012 SERVICES 155.75 359761 21- Nov -2012 SERVICES 800.00 359581 14- Nov -2012 MATERIALS 150.00 359762 21- Nov -2012 MATERIALS 6,947.24 359582 14- Nov -2012 SERVICES 100.00 359583 14- Nov -2012 MATERIALS 175.15 359584 14- Nov -2012 REFUND 750.00 359585 14- Nov -2012 MATERIALS 6,036.80 359586 14- Nov -2012 CONTRACT SERVICES 47,538.13 359587 14- Nov -2012 CONTRACT SERVICES 29,905.54 359763 21- Nov -2012 MATERIALS 306.27 359588 14- Nov -2012 MATERIALS 2,240.79 359589 14- Nov -2012 VEH ID# 129 801.17 359590 14- Nov -2012 SERVICES 45,289.54 359766 21- Nov -2012 MATERIALS 86.32 359591 14- Nov -2012 FUEL 50,665.20 359764 21- Nov -2012 FUEL 26,619.33 359765 21- Nov -2012 VEH ID# VARIOUS 1,356.43 359592 14- Nov -2012 SERVICES 744.22 359593 14- Nov -2012 SERVICES 293.80 359768 21- Nov -2012 MATERIALS 403.98 US DRAFT 16- Nov -2012 SANTA PARADE BAND 1,000.00 359594 14- Nov -2012 MATERIALS 150.00 359595 14- Nov -2012 SERVICES 2,071.29 359769 21- Nov -2012 MATERIALS 12,430.00 359596 14- Nov -2012 VEH ID# 536 1,811.23 359597 14- Nov -2012 TRAVEUMILEAGE 192.40 359770 21- Nov -2012 MATERIALS 7,345.00 359771 21- Nov -2012 SERVICES 1,754.34 359772 21- Nov -2012 PAYROLL REMITTANCE 1,384.70 359773 21- Nov -2012 MATERIALS 308.91 359774 21- Nov -2012 MATERIALS 17,975.18 359598 14- Nov -2012 SERVICES 287.28 359599 14- Nov -2012 SERVICES 23,543.87 359600 14- Nov -2012 MATERIALS 308.91 359601 14- Nov -2012 MATERIALS 1,832.92 Page 5 of 5 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name VIKING CIVES LTD WAJAX EQUIPMENT WAJAX POWER SYSTEMS WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTLANE SECONDARY SCHOOL WINGER,TERRI WOLSELEY WATERWORKS GROUP WORK AUTHORITY WSIB WSIB WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YMCA YOUNG SOD FARMS LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZRELEC,VLADIMIR Cheque No. Cheque Date 359775 21- Nov -2012 359602 14- Nov -2012 359776 21- Nov -2012 359604 14- Nov -2012 359777 21- Nov -2012 359603 14- Nov -2012 359605 14- Nov -2012 359778 21- Nov -2012 359606 14- Nov -2012 359607 14- Nov -2012 359779 21- Nov -2012 359608 14- Nov -2012 359459 09- Nov -2012 359780 21- Nov -2012 359609 14- Nov -2012 359610 14- Nov -2012 359781 21- Nov -2012 359611 14- Nov -2012 359612 14- Nov -2012 359613 14- Nov -2012 359614 14- Nov -2012 359782 21- Nov -2012 359615 14- Nov -2012 Purpose MATERIALS VEH ID #185 MATERIALS SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS MATERIALS REMITTANCE SERVICES PETTY CASH MAINTENANCE /REPAIRS MATERIALS SERVICES SERVICES MATERIALS VEH ID #917 MATERIALS REFUND Amount 359.76 1,163.65 26, 268.39 219.04 47.12 6,067.07 127.13 1,266.73 100.00 265.00 1,841.90 900.00 43, 311.03 9,204.01 370.07 280.58 183.49 172.67 1,726.40 1,944.78 1,029.93 465.94 40.00 Total 2,823,359.21 F- 2012 -60 Niagaraaalls December 11, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2012 -60 Approval of Interim 2013 Spending Limits RECOMMENDATION That, in the absence of an adopted 2013 General Purposes Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments' expenditure budget of the prior year. EXECUTIVE SUMMARY Spending authority is delegated to the staff by Council through the approval of the annual budgets. Interim spending authority provides staff with similar authority within approved limits during the year up to the date of passage of said budgets. BACKGROUND Staffs authority to make payments to staff and suppliers is derived from an approved Annual Operations budget. Preparation of the 2013 General Purposes Budget, 2013 Utility Budget and 2013 Capital Budget are underway. As a result, staff requests that Council approve interim spending limits for 2013 until these are approved. The Municipal Act, 2001 (Section 317) provides Council with the opportunity to authorize staff to operate and remit payments for expenditures incurred prior to the approval of a 2013 budget. This authority is required for the City to maintain its operations until the final budgets are approved. Consideration of the 2013 budget has started but will not be approved until the new year, all departments should be able to operate with an interim spending approval of approximately 50% of the 2012 budget. If Council approval of the budget is not achieved by the end of May, 2013, a further report with an amended interim spending authority will be submitted. Recommended by: Respectfully submitted: Todd Har ison, Dir:'ctor of Finance i 4,A4J Ken Todd, Chief Administrative Officer F- 2012 -62 Niagaraj7alls December 11, 2012 REPORT TO: Mayor James Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2012 -62 2013 Schedule of Fees for Services RECOMMENDATION That the Schedule of Fees By -law, listed under the by -law section of the agenda, be approved. EXECUTIVE SUMMARY Staff have implemented a practise of updating the City's various rates and fees on a bi- annual basis. The fees are reviewed regularly to ensure that the amount charged are reflective of the objectives of the division and corporation. The attached list of fees require Council approval. The effective date of the new fees will be January 1, 2013, except where otherwise applicable. FINANCIAL IMPLICATIONS User fees provide approximately 5% of the annual revenues generated by the City and offer an opportunity for the City to offset operating costs without tax increases. Most of the proposed changes are minor increases or clarifications except for two areas, the Museum and in Committee of Adjustments (C of A). In the case of the former, now that the facility is open, staff have reviewed the revenue streams and have added room rental charges at the museum. In respect to the C of A, the proposed changes to the Planning Fee Schedule include a fee for a concurrent Consent Application and Minor Variance application as well as a fee for Official Plan Amendment applications for aggregate extraction. Staff indicate that there are less costs involved when processing simultaneous consent and minor variance applications through the Committee of Adjustment than for two separate applications. For example, the joint application requires only one public mailing, one circulation and one posted sign for notice. As a result, staff is proposing a 25% reduction in fee for the concurrent applications. If applied for separately the fees would be $5,500.00. Staff proposes a concurrent fee of $4,125.00. Applications for Aggregate Resource Extractions are one of the most lengthy and complex that a municipality has to deal with. Staff will have to assess the application, coordinate peer reviews of consultant reports and liaise with the applicant, consultant, agencies and the public. Staff is proposing full cost recovery for these applications with a base rate of $16,200. December 11, 2012 - 2 - F- 2012 -62 As per the Municipal Act, 2001, a copy of the Schedule of Fees booklet will be available a print version will be available in City departments. In addition, the new fee schedule will be available on the City's website. Recommended by: Respectfully submitted: Todd H,:rrison, 'erector of Finance 1.2 1,,A4J Ken Todd, Chief Administrative Officer MW- 2012 -13 Niagarapalls December 11, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -13 Falls Avenue (formerly Roberts Street) Gateway Landscaped Boulevard and Median Maintenance RECOMMENDATION That the Mayor and City Clerk be authorized to execute an Operating Agreement with the Niagara Region for the ongoing care and maintenance of the boulevard and median on Falls Avenue (formerly Roberts Street) from Stanley Avenue to Victoria Avenue. EXECUTIVE SUMMARY In September of 2002 the City of Niagara Falls signed a Memorandum of Understanding (MOU) with the Regional Municipality of Niagara, Niagara Parks Commission, Ministry of Transportation and the Ministry of Tourism, Culture and Recreation with respect to the development of Robert Street (Falls Avenue) as a "gateway" to Ontario, The Niagara Region and The City of Niagara Falls. The MOU established the responsibilities of each party but did not legally bind each partner to these roles for any particular period of time. The MOU indicated that a further agreement between the Niagara Parks Commission, Region and the City was to be signed setting out the apportionment of costs for the ongoing maintenance. This Agreement was never completed. The NPC has maintained this area at their expense for the past ten years. In May of 2011 the Niagara Parks Commission made the decision that their role prescribed was beyond their mandate and that they would no longer continue to provide maintenance services to the boulevard and median areas to this section of roadway. Municipal Works staff has been working cooperatively with Niagara Parks and Niagara Region staff to share records and operational details to ensure the intent of the original MOU with respect to the "gateway feature" is preserved. The purpose of this report is to inform Council of the recent changes and to seek authorization to execute an Operating Agreement with the Niagara Region. BACKGROUND In 2002, the City of Niagara Falls signed an MOU with four public sector government agencies to develop an attractive gateway along Roberts Street between Stanley Avenue and Victoria Avenue. Roberts Street (Falls Avenue) falls under the jurisdiction of the Niagara Region and is subject to a Connecting Link Agreement with The Ministry of Transportation. This informal, non - binding agreement assigned specific responsibilities to December 11, 2012 - 2 - MW- 2012 -13 each partner with a provision to meet on a periodic basis to coordinate their respective efforts to achieve the common objective. In May of 2011, the Niagara Parks Commission (NPC) revisited this matter and determined that the provision of maintenance services at this location is outside of their mandate and discontinued this service. In the Fall of 2011, staff from the Region and City met NPC operations staff to discuss the transfer of responsibilities for grass cutting, bed maintenance, debris collection and winterization of the sprinkler system. At a meeting held on January 25, 2012, NPC staff confirmed their previous position and offered technical support to assist in the transition (see Attachment #3). Niagara Region staff has expressed an interest to work with the City of Niagara Falls to ensure that the intent of the original gateway concept is continued by entering into an appropriate Operating Agreement that sets out the respective obligations of each party. In September of this year Council entered into a Voluntary Payment Agreement which addresses the costs associated with the provision of services to the NPC by the City. Municipal Works staff have been working with NPC staff to look at operational efficiencies by sharing resources and coordinating service delivery (for example; snow plow routes). ANALYSIS /RATIONALE Falls Avenue (formerly Roberts Street) is identified as a Gateway and an Entry Corridor in the City's Official Plan which states; "4.3.4 Gateways and landscaped entry points will be constructed as part of a tourist area greening programme and will be designed to visually attract visitors through distinctive landscaping, paving and lighting." "4.3.7 Entry Corridors... shall be designated as the main points of access through which visitors arrive at the Niagara Falls Tourist area. Entry Corridors shall be automobile- oriented streets whose main purpose is to accommodate vehicular traffic with an attractive, sign- posted and landscaped streetscape. Council shall ensure that public improvements and new developments are consistent with the Design Criteria for Entry Corridors." The City's policy respecting the need to maintain the boulevard and median areas to a higher standard clearly requires the commitment of resources at this location, notwithstanding the fact that this is a Regional Road. Niagara Region staff have agreed to cover the costs associated with the grass cutting as it is consistent with the standard level of service provided on Regional Roads. The plantings, bed maintenance and operation of the irrigation system and grass cutting duties will be performed by a single contractor under the supervision of Municipal Works staff. The Region's share will be billed back on an annual basis. December 11, 2012 - 3 - MW- 2012 -13 FINANCIAL IMPLICATIONS This is a new expenditure in the annual Operating Budget which will require funding in the amount of $30,000 to be added to the Contracted Services Account. This amount has been included in the draft budget (Parks Grounds Maintenance Account No.11-3- 711000- 040000). The Region's share of the cost is estimated to be approximately $15,000 annually based on the quotations received under the City -wide Beautification Program tender. LEGAL IMPLICATIONS Niagara Region staff developed the terms of an Operating Agreement to protect our mutual interests and to address any liability issues with respect to operating within the Regional road allowance. This Agreement has been prepared and included in the agenda (Bylaws) for Council's consideration. CITY'S STRATEGIC COMMITMENT The recommendation contained in this report is consistent with Council's Strategic Priorities to enhance the City's economic vitality and to support the Official Plan policies of a well - planned City. LIST OF ATTACHMENTS 1. None Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer MW- 2012 -63 NiagaraJalls December 11, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works - Parks and Landscape Division SUBJECT: MW- 2012 -63 Quote #79 -2012 For the Landscape Development of Edgewood Recreation Trail RECOMMENDATION 1. The contract be awarded to Stevensville Lawn Service at the bid price of $149,443.00 (plus HST). 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Edgewood Estates Plan of Subdivision was designed with an integrated trail system that links a number of active and passive recreational properties throughout the Garner Neighbourhood. This trail was intended to border the existing woodlot which contains significant natural heritage features worthy of the designation such as a Provincially Significant Wetland (PSW). The trail also borders the rear lot lines of 22 lots and connects to St. Michael Avenue at two locations north of the east -west Hydro Corridor. City Council approved the Edgewood Trail Development in Report MW- 2012 -34. Work on the trail has started with the public consultation process, survey, and minor site works with completion expected in late Spring 2013. The purpose of this report is to authorize the funding of this project in accordance with the City's Purchasing policy. BACKGROUND The Edgewood Estates Plan of Subdivision is located within the Garner Neighbourhood and designed in accordance with the Secondary Plan established for the purpose of orderly development consistent with the policies of the City's Official Plan. The trail provides a provides a passive, recreational opportunity for those wishing to travel north and south along this section of St. Michael Avenue. The trail will connect with the Hydro Corridor and future Deerfield Park which has started development and is expected to be completed towards the end of June 2013. The 2.4 m wide, asphalt pathway provides ample room for passive use consistent with the City's active transportation initiatives. Staff were made aware that many of the residents have questioned the need for this trail in this location given opportunity provided by municipal sidewalks along the front of their lots. December 11, 2012 - 2 - MW- 2012 -63 To assist in resolving this concern, staff hosted a Public Open House on December 1, 2011 to share information regarding the recreation trail plans, ask questions and seek input. Staff sought additional advice from the Park -in- the -City Committee (PITC) and at its meeting held on May 16, 2012 who passed a resolution supporting the construction of the trail as originally intended. Quotation documents were issued through the Supply and Services Section and eight (8) bids were received as follows (excluding HST): Company 1. Stevensville Lawn Service 2. Steele Contracting 3. Cedar Springs Landscape 4. Circle P Paving 5. Touchstone Site Contractors 6. Peter's Excavating 7. Peninsula Construction 8. Stolk Construction ANALYSIS /RATIONALE City Stevensville Ridgeway Ancaster Stevensville Thorold Stevensville Fonthill Port Colborne Bid Price Corrected Bid $149,443.00 $165,990.71 $ 168,485.33 $168,485.35 $174,895.00 $178.805.00 $185,987.00 $ 183,857.00 $188,637.86 $219,696.95 The lowest bid was received from Stevensville Lawn Service. This contractor has performed similar type projects for the City with good results. FINANCIAL CONSIDERATIONS Funding in the amount of $70.000 was approved in the 2011 Capital Budget for this trail project. Additional funds are requested to complete this trail project based on public feedback which will increase landscape buffering for the adjacent residential backyards. Sufficient funds are available in the Public Purpose Reserve Account for parkland development. $ 70,000.00 - approved funds in the 2011 Capital Budget $ 79,443.00 - additional funds required from Park Public Purpose Reserve Acct $ 149,443.00 Total (excluding HST) The cost of the property line fencing is the responsibility of the developer and sufficient security is in place to guarantee its completion under the terms of the Subdivision Agreement. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities for convenient, accessible and sustainable transportation and a healthy and safe community. December 11, 2012 LIST OF ATTACHMENTS None Recommended by: Respectfully submitted: Geoff Holman - 3 - MW- 2012 -63 Geoff Holman, Dire �or of Municipal Works Ken Todd, Chief Administrative Officer MW- 2012 -64 NiagaraJalls December 11, 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 -64 Municipal Infrastructure Investment Initiative Capital Program - Expression of Interest RECOMMENDATION That staff be directed to submit an Expression of Interest under the Municipal Infrastructure Investment Initiative Capital Program for the Kalar Road (Rideau to Beaverdams Road) Reconstruction Project. EXECUTIVE SUMMARY The Provincial Ministry of Infrastructure has announced a new funding program and is making up to $51 million available to municipalities who are implementing comprehensive Asset Management Plans and have identified funding shortfalls for important roadway, bridges, water and wastewater infrastructure. The two -step application process requires municipalities to submit an Expression of Interest for one (1) candidate project before January 9th, 2013. The purpose of this report is to consider and select those projects that best fit the eligibility criteria and to seek Council's direction to proceed with the necessary application. BACKGROUND Earlier this summer, the Province commenced its Municipal Infrastructure Strategy aimed at addressing infrastructure planning and financing challenges. The strategy helps municipalities make smart decisions about building, operating, maintaining, renewing and replacing infrastructure over a Tong -term. The adaption of comprehensive Asset Management Plans (AMP) help to differentiate needs versus wants and ensure timely investments to realize the full life cycle of public assets. The recently announced Municipal Infrastructure Investment Initiative (Mill) Capital Program is a $51 million funding program targeting roads, bridges, water and wastewater assets. The eligibility criteria for the program is linked to the municipalities commitment to implementing its AMP, its overall fiscal situation and the degree to which the candidate project addresses a health and /or safety problem. December 11, 2012 - 2 - MW- 2012 -64 The amount of provincial funding available per project is limited to 90% of the total project costs up to a maximum of $2 million dollars. The application process involves two - steps. Each municipality can submit an Expression of Interest for one (1) project before January 9th, 2013. The Ministry of Infrastructure will evaluate this submission and select those projects which show the best fit with the objectives of the MITI Capital Plan. The submission must include a completed form, a declaration (resolution) committing to the implementation of a comprehensive AMP by December 31st, 2013 and its 2011 Financial Information Return (FIR). Successful applicants will be notified within three weeks of the EOI submission and will be required to submit a full application within the following 45 days. The project must be completed by December 31st, 2014. ANALYSIS /RATIONALE Finance and Municipal Works staff have been refining the age and condition data of all municipal assets and expect to have a comprehensive Asset Management Plan in place by the Fall of 2013. For the purpose of the MITI Capital Program submission staff have identified five (5) projects which could be considered for the Expression of Interest. Ailanthus Avenue Reconstruction Project This section of roadway was listed as #8 on Niagara's Worst Road List in 2012. The current Pavement Condition Index (PCI) is 45 ( "Poor ") for the section from Frontenac Street to Sunnylea Crescent, 47 (Poor) for the section from Sunnylea Crescent to Dunn Street, and 69 ( "Fair ") for the section from Frontenac Street to McLeod Road. The road was overlaid in 1982. Since we are typically striving for a 25 year service life our of our surface course of asphalt, it is due for replacement. It was placed on the list for the Asphalt Overlay Program in 2011. However, when the geotechnical evaluation of the candidate streets came back to staff it was noted that the current pavement structure on Ailanthus Avenue is well below our current standard (120 mm of asphalt, 450 mm of granular and GBE of 690). Of particular note is that the granular base depth is well below the minimum thickness. This being the case, an overlay would be a very expensive short term solution considering the deficient foundation. The recommended treatment is the reconstruction of the roadway surface down to subgrade level, rather than building up the road section. This would also afford the opportunity to rebuild the roadway to a full urban cross - section (including curb and gutter). It appears that surface drainage may be a current issue in areas, which is also no doubt contributing to the deterioration of the road surface. Since we are now looking at full reconstruction rather than overlay, we also considered the underground infrastructure and its condition. Generally the buried infrastructure is in acceptable condition with the exception off the existing watermain on the section of Ailanthus Avenue between Dunn Street and Sunnylea Crescent. This watermain is a 150 December 11, 2012 - 3 - MW- 2012 -64 mm (6 ") diameter cast iron pipe built in 1948. The current condition rating is "Poor" and we have one recorded break on that section. It has been our experience that many of the cast iron mains built in the immediate post Second World War period have a significantly shortened service life as a result of the thinner pipe walls used, due to the scarcity of metal at the time. While the pre -war mains have been achieving service lives of 80 to 100 years, the post -war cast iron watermains have only been given estimated service lives in the range of 60 years. As such, it makes sense to replace the watermain through this section at the same time. The remaining watermain dates from the late 1960's and is rated in Fair condition. The cost estimate for this project is $1.9 million. Kalar Road (Rideau Street to Beaverdams Road) Reconstruction Project This project is located within a growth area of the City and a number of developed and planned subdivisions rely on this portion of Kalar Road for access. In accordance with the City's Sustainable Transportation Master Plan, Kalar Road is identified as a major collector and is designated as a core north -south bicycle route requiring sidewalks on both sides. The current unimproved roadway has a two -lane rural cross - section with a 50km /hr speed limit and a sidewalk on the east side only. This road section also serves as a bus route. The existing watermains need to be upgraded from 200 mm to 300 mm diameter however the existing sanitary sewer is in "Good" condition. New storm sewers will be required to accommodate surface drainage otherwise handled by the roadside ditches. New curb and gutter and street light upgrades are also included. Also included in this project is the improvement to the Kalar Road /Lundy's Lane intersection to which the Niagara Region has committed to cost - share. Improvements to the CN Rail crossing are incorporated into the design. The cost estimate for this project is $5.8 million. Robinson Street (Main Street to Stanley Avenue) Reconstruction Project The road has a Pavement Condition Index (PCI) rating between 44 and 48 (all rated as "Poor "). This road was last overlaid in 1992 and we would typically like to get 25 years lifespan out of the surface course asphalt layer. Considering the somewhat premature deterioration of the surface course on this road, it would appear that there are likely issues in the underlying pavement structure, which is passed its service life. This road will require a complete reconstruction. The existing watermain is 6" cast iron pipe and in excess of 100 years old. The current condition rating is "Very Poor ". It has also been identified as needing to be up -sized to a 12" main to assist in boosting water servicing levels in the tourist core, similar to Ferry Street. It is in need of replacement. The existing sanitary sewer is a combined sewer rated in "Poor" condition. It is a high ranking candidate for our ongoing sewer separation efforts with there being an available storm sewer outlet at Robinson Street and Stanley Avenue. It also, in turn, then provides an outlet for areas upstream (south) of Robinson Street and on Main Street. In addition December 11, 2012 - 4 - MW- 2012 -64 to a new storm sewer being required, it is likely that the existing combined sewer pipe would need to be replaced with a new sanitary sewer. The recommended approach would be for a full reconstruction of this street including renewal of all the buried municipal infrastructure as noted. The approximate cost for this project is $2.2 million. FINANCIAL IMPLICATIONS Asset Management Plans are the tool by which it can be demonstrated that the full range of local infrastructure financing has been explored. In selecting the preferred candidate for the EOI submission consideration was given to the project that can optimize the amount of external funding and advance a project that might otherwise not be affordable. Project Cost MITI Grant roposed General Fund Capital Levy unding Development Charges Ailanthus Avenue $1.9 million $1,710,000 $73,850 $116,150 Kalar Road $5.8 million $2,000,000 $1,968,484 $590,000 $740,491 $501,025 Robinson Street $2.2 million $1,980,000 $0 $55,000 $14,000 $206,000 The largest impact would be realized by selecting the Kalar Road project. This project is not likely to be completed this year unless the funding from the MITI Program is available. The final funding allocation will be determined through the Capital Budget process. The other projects can be reasonably accommodated in this years budget. Given the consideration of the foregoing factors staff are recommending the selection of the Kalar Road project for the EOI submission under the MITI Capital Program. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's strategic priority to achieve financial stability and infrastructure sustainability. Recommended by: Respectfully submitted: Geoff Holman Geoff Holm.; n, Dire'tor of Municipal Works Ken Todd, Chief Administrative Officer TS- 2012 -40 Niagara�a11ClV,1D s December 11, 2012 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 -40 RFP 87 -2012 Supply of 40' Conventional Buses RECOMMENDATION 1. That Council approve the purchase of two conventional transit buses from NovaBus. 2. That the Mayor and Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY Submissions were received from NovaBus and New Flyer in response to our Request for Proposals for the purchase of up to four conventional buses. Based on the cost of the bus and required spare parts and tooling, Staff is recommending the low bid, NovaBus be awarded the contract. BACKGROUND Two proposals were received for the Supply of 40' Conventional Transit Buses on Tuesday, November 22, 2012. The RFP allowed each bidder the option to bid on the supply of one to four 40' conventional transit buses. Upon reviewing the proposals, Staff recommend the contract be awarded to the lowest bidder NovaBus. The RFP's were evaluated on the basis of bus pricing, the cost of required spare parts, and tooling necessary to maintain the 'vehicles. Shown below is a summary of the tendered rates for each of the designated areas. Manufacturer NovaBus One Bus Price Spare Parts Required Total Two Bus Price Spare Parts Required Total $436,000.00 None Required* $436,000.00 $856,000.00 None Required* $856,000.00 New Flyer $430,000.00 $15,000.00 $445,000.00 $850,000.00 $15,000.00 $865,000.00 * Transit already has the necessary spare parts & tooling to maintain NovaBus vehicles. December 11, 2012 ANALYSIS /RATIONALE - 2 - TS- 2012 -40 Niagara Falls Transit is currently 84% accessible with four `high floor' (stairs at the doorways) buses still in service. The purchase of two new low floor, accessible buses with ramps at the doorways, would permit the conventional routes to be 100% accessible as the remaining high floor buses would be dedicated to the college /university and charter services. The purchase of these buses will yield an average fleet age of 5.6 years. FINANCIAL IMPLICATIONS The funds required to purchase one bus for 2012 have been identified and approved within the 2012 Capital Budget. Staff have confirmed that the 2013 provincial gas tax will be allocated to the city next year. The purchase of two buses would yield a savings of approximately $16,000 ($8,000 per bus). The delivery of these two buses would occur in approximately six months (June 2013). CITY'S STRATEGIC COMMITMENT The purchase of an additional bus or buses for Niagara Falls Transit supports the City's 2011 - 2014 Strategic Priorities which include: Infrastructure Sustainability, Convenient, Accessible, and Sustainable Transportation, Customer service Excellence, and a Healthy and Safe Community. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Kdn Todd, Chief Administrative Officer D. Stuart S: \General Administration \GA 1.01 Reports\2012 Council \17 Dec 11 \TS- 2012 -40 Supply of 40' Conventional Bus.wpd CITY cr. . �" � � CANADA 4146ARA FAIL? - The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Province of Ontario launched the Municipal Infrastructure Investment Initiative (MIII), a $51 million fund available to address necessary road, bridge, water and wastewater projects identified as top priorities through comprehensive asset management plans; and WHEREAS municipalities are allowed to submit an Expression of Interest (EOI) for the MIII by January 9, 2013; and WHEREAS a municipal resolution, declaring the EOI is factually accurate and that the municipality is committed to providing a comprehensive asset management plan, is required; and WHEREAS municipal staff have identified the Kalar Road (Rideau Street to Beaverdams Road) Reconstruction Project as meeting the requirements of the MIII. THEREFORE BE IT RESOLVED that the Expression of Interest to be submitted by the Corporation of the City of Niagara Falls is factually accurate; and FURTHER BE IT RESOLVED that the Corporation of the City of Niagara Falls is committed to a comprehensive asset management plan by December 31, 2013. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to provide for the adoption of Amendment No. 109 to the City of Niagara Falls Official Plan. (AM- 2012 -010) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 109 to the City of Niagara Falls Official Plan is hereby adopted. Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012 S: \OFFICIAL.PLN\AMEND \# 109 - Southgate Estates\By- law109.wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the attached map, constitutes Amendment No. 109 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 109 shall be redesignated from Industrial to Residential on Schedule "A" to the Official Plan. S: \OFFICIAL.PLN\AMEND\ #109 - Southgate Estates\ BODY 109.wpd MAP 1 TO AMENDMENT NO. 109 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From: Industrial Proposed Change To: Residential CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN K: \G I S_RcqucstsLO l' \;usmm \ Internal \P lammmg\Zon ing.map [MA INDUSTRIAL MAJOR COMMERCIAL OPEN SPACE RESIDENTIAL NOTE: This schedule forms part of Amendment No. 109 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. W t =w` E 1:NTS AM-0 1 0/2012 November 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200, to establish site specific land use regulations for a future residential plan of subdivision on the Lands and to repeal By -law No. 2000 -226. (AM- 2012 -010). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following regulations shall be the regulations governing the permitted uses on and of the Lands. 4. The regulations governing the permitted uses shall be: (a) Minimum setback from the Q.E.W. right -of -way for all buildings, structures and private swimming pools (b) Minimum setback from an Industrial Zone for all dwelling units 14 metres 20 metres (c) The balance of the regulations specified for an R3 use. 5. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 6. No person shall use the Lands for a use that is not a permitted use. 7. No person shall use the Lands in a manner that is contrary to the regulations. 8. The provisions of this by -law shall be shown on Sheet B5 of Schedule "A" of By -law No. 79- 200 by redesignating the Lands from PI 527 to R3 and numbered 972. 9. By -law No. 2000 -226 is repealed. -2- 10. Section 20 of By -law No. 79 -200 is amended by deleting section 20.1.527. 11. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.972 Refer to By -law No. 2012 -_ Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012 S: \ZONING\AMS \2012\By- Taws \B yam° 10. wp d SCHEDULE 1 TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Description: PCL 157 -2, Sec 59- Stamford; Pt Twp Lt 157, Stamford, Pts 1, 2 & 3, 59R8405; S/T R0638443 Niagara Falls Applicant: Fernando Pingue K: \GIS_Requests \2012\ Custom \Internal \Planning \Zoning. map Assessment #: 272509000700900 AM -2012 -010 November 2012 CITY OF NIAGARA FALLS By-law No. 2012- A by -law to amend By -law No. 79 -200, in accordance with an Order issued by the Ontario Municipal Board dated November 28, 2012, to permit the Lands to be developed with one family detached and/or semi - detached dwellings or an on street townhouse dwelling (AM -2011 -014). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) A one family detached dwelling; (b) A semi - detached dwelling; (c) An on street townhouse dwelling; (e) A home occupation in a one family detached dwelling, or in a dwelling unit of a semi- detached dwelling or an on street townhouse dwelling, subject to the provisions of section 5.5 of By -law No. 79 -200; and (f) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 of 13y -law No. 79 -200 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage (i) for a one family detached 11.3 metres dwelling (ii) for a semi - detached dwelling 16.5 metres (b) Minimum front yard depth 9 metres (c) The balance of regulations specified for an R3 use -2- 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by -law shall be shown on Sheet E6 of Schedule "A" of By -law No. 79- 200 by redesignating the lands from I to R3 and numbered 961. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.961 Refer to By -law No. 2012- Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012 S:\ZONING\AMS\2011\By-laws\Byam014.wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Description: Pt Lt 22 Con 2 Willoughby Pt 1 & 4, 59R1045; S/T AA4734 Niagara Falls Applicant: Melody Vahrmeyer Assessment #: 272512000409001 K: \GIS.Requests\ 2011\ Schedule \ZoningAM \AM -14 \mapping. map N s 1: NTS AM -2011 -014 June 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to provide for the adoption of Amendment No. 105 to the City of Niagara Falls Official Plan. (AM- 2012 -005) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 105 to the City of Niagara Falls Official Plan is hereby adopted. Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012 S: \OFFICIAL.PLN\AMEND\ #105 - Two Towers\By- law.wpd PART 2 - BODY OF AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text, constitute Amendment No. 105 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The referenced "Subject Property" shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 105," shall be identified as "Subject to Policy 4.6.11(e)," on Figure 4 of PART 2, SECTION 4 - TOURIST COMMERCIAL of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 4 - TOURIST COMMERCIAL, is hereby amended by adding the following new subsection: 4.6.11(e) Notwithstanding the policies of PART 2, section 4.4.3, and further to the policies of PART 2, section 4.4.4 and PART 4, section 4.5.1, the development of a hotel and associated ancillary uses may be permitted on the lands bounded by John Street, River Road, Rainbow Bridge and Blondin Avenue. The development may consist of: i) not more than two towers, neither of which shall exceed 61 storeys and 229 metres in height; ii) a podium set beneath each tower; and iii) a total floor area of 138,000 square metres, inclusive of structured parking and excluding any pedestrian linkages across any road allowance. The amending zoning by -law shall specifically regulate the development in terms permitted uses, building heights, tower separation distances and setbacks, floor areas and parking. Subject to this specific development policy, the following services, facilities and matters shall be provided under an agreement pursuant to section 37 of the Planning Act for any portion of the building in excess of 30 storeys: the contribution of facilities and /or cash to the City, in the amount based on the cost of construction per square metre x the area of each floor capable of being occupied above 30 storeys x 5 %, to be used for the capital facilities of one or more of the following project as determined by Council that are beyond those that would otherwise be provided under the Planning Act or the Development Charges Act: . • Downtown revitalization projects Proposed extension of Olympic Legacy Trail over Highway 420 (bridge) Sylvia Place Market Sanitary and /or storm sewer improvements necessary to service the Downtown area ii) the provision of an architectural design for both the hotel tower and podium components, including, but not limited to, surface articulation, exterior material, roof structure, pedestrian -scale uses, and design of the public realm satisfactory to the Director of Planning, Building & Development. Such services, matters and facilities shall be described in the implementing zoning by -law and secured through appropriate legal agreements executed under section 37 of the Planning Act to the satisfaction of the City prior to the passing of the implementing zoning by -law. In order to provide for the implementation of these policies, the section 37 agreement shall be executed by the applicant and be ready for registration on title by the City Solicitor prior to the passage of the amending zoning by -law. MAP 1 TO AMENDMENT NO. 105 FIGURE 4, PART 2, SECTION 4 - TO THE OFFICIAL PLAN Subject Land: Proposed Change to Add: Policy 4.6.11(e) — y F .. ii ( s � • —Ji IIII IUD .191W .+ 4 I.I1i 4 i>..!.s . 111111111111 I� /i r •, o )♦ 1111114i i ■ AIR,/ .+ /i'ar� AIR,/ 404 i • — . e„.^,-..:L I it' WEN., v.y +�.�.�.�.�.* City of Niagara Falls Official Plan Building Heights Low Rise: Medium Rise: High Rise: K: \GIS_ Requests \2012\ Schedule \ZoningAM \AM -05 \mapping. map N s 1: NTS AM- 2012 -005 August 2012 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to amend By -law No. 79 -200 to permit the construction of a 60 storey hotel and a 61 storey hotel on the Lands, subject to the removal of holding (H) provisions, and to repeal By -law No. 1981 -019. (AM- 2012 -005) WHEREAS the City's Official Plan contains policies to ensure the creation of a high - quality built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by -law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by -law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City "); AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS Subsection 34(5) of the Planning Act provides that the Council of a local municipality may prohibit the use of land or the erection of buildings or structures until such municipal services as may be set out in a by -law passed under Section 34 of the Planning Act are available to service the land, building and structures; AND WHEREAS the facilities, services and matters secured under the aforesaid agreements are municipal services; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height; -2- AND WHEREAS City Council has adopted Official Plan Amendment No. 105, which permits the development of two hotel towers with maximum building heights of 222 metres at 5651 River Road and 229 metres at 5555 and 5599 River Road, 5600 Blondin Avenue and 4369 Hiram Street subject to a satisfactory architectural design and the provision of facilities, services or matters under an agreement executed pursuant to Subsection 37(3) of the Planning Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedules 1, 2 and 3 are a part of this by -law. 2. The Lands shall be identified as two parcels, known as Parcels TC(H) -966 and TC(H) -967. 3. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 4. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following regulations shall be the regulations governing the permitted uses on and of the Lands. 5. The regulations governing the permitted uses on Parcel TC(H) -966 shall be: (a) Front lot line River Road shall be the front lot line for the purposes of this by -law (b) Minimum lot area (c) Location of various components of the building or structure, their maximum height and maximum number of storeys and minimum yards (d) Maximum height of building or structure (e) Roof feature the whole of Parcel TC(H) -966, save and except for any part that may be required to be dedicated for the purpose of road widening refer to Schedule 2 and clause (d) of this section 222 metres and a maximum of 60 storeys, as measured from the Geodetic Survey of Canada elevation 160.80 metres, which shall include a roof feature as required by clause (e) of this section and is subject to section 11 of this by -law a building having a height greater than 12 metres shall have a roof feature which has a height not less than 15 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy -3- Maximum lot coverage 90% Maximum floor area Maximum number of hotel bedrooms that may have cooking facilities without being considered a dwelling unit Maximum size of a hotel bedroom with cooking facilities (j) Parking and access requirements (i) Location of parking (ii) Minimum perpendicular length of a parking space (iii) Minimum width of a parking space (iv) Minimum perpendicular width of a manoeuvring aisle (v) Parking stacker (vi) Minimum vertical dimension of a parking level of the building designed to accommodate parking stackers (vii) Tandem parking spaces 56,800 square metres, inclusive of above and below grade parking areas 110 43 square metres a maximum of 203 required parking spaces that cannot be provided on Parcel TC(H)- 966 shall be provided on Parcel TC(H) -967 5.9 metres 2.6 metres 6 metres required parking spaces may be, in whole or in part, provided by means of parking stackers. Each parking stacker module shall be accessed by a manoeuvring aisle and shall conform to the minimum dimensions specified in clauses (ii), (iii) and (iv) of this section 4 metres required parking space may be provided by means of tandem parking spaces within the building -4- (viii) Minimum perpendicular length of two tandem parking spaces (k) Minimum number of loading spaces (1) Location of loading spaces (m) Pedestrian connections (i) Location (ii) Maximum height of the above grade connection (iii) Minimum clearance of the above grade connection (iv) Minimum width of the above grade connection (v) Maximum width of the above grade connection (vi) Agreement 11.8 metres 3 a maximum of 3 loading spaces that cannot be provided on Parcel TC(H) -966 shall be provided on Parcel TC(H) -967 together with a below grade service connection between the two Parcels notwithstanding the provisions in clause (c) of this section, two (2) enclosed pedestrian connections between Parcel TC(H) -966 and Parcel TC(H) -967 may be permitted to encroach within the minimum exterior side yard widths shown on Schedule 2. One connection shall be above grade and the other shall be below grade 21 metres as measured from the Geodetic Survey of Canada elevation 160.80 metres 12.5 metres as measured from Geodetic Survey of Canada elevation 160.80 metres 3 metres 12 metres prior to permitting a pedestrian connection over or under Hiram Street, the owner of Parcel TC(H) -966 shall enter into an agreement with the City 6. The regulations governing the permitted uses on Parcel TC(H) -967 shall be: (a) Front lot line River Road shall be the front lot line for the purposes of this by -law -5- (b) Minimum lot area (c) Location of various components of the building or structure, their maximum height number of storeys and minimum yards (d) Maximum height of building or structure and maximum number of storeys (e) Roof feature Minimum lot coverage Maximum floor area Maximum number of hotel bedrooms that may have cooking facilities without being considered a dwelling unit Maximum size of a hotel bedroom with cooking facilities Dwelling units on the ground the whole of Parcel TC(H) -967, save and except for any part that may be required to be dedicated for the purpose of road widening refer to Schedule 3 and clause (d) of this section 229 metres and a maximum of 61 storeys as measured from the Geodetic Survey of Canada elevation 160.80 metres, which shall include a roof feature as required by clause (e) of this section and is subject to section 11 of this by -law a building having a height greater than 12 metres shall have a roof feature which has a height of not less than 15 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy 90% 81,100 square metres, inclusive of above and below grade parking areas 112 43 square metres up to 5 dwelling units may be located on the floor ground floor adjacent to Blondin Avenue (k) Parking and access requirements (i) Additional required parking (ii) Minimum perpendicular length of a parking space a minimum of 203 required parking spaces that cannot be provided on Parcel TC(H) -966 shall be provided on Parcel TC(H) -967 5.9 metres -6- (iii) Minimum width of a parking space (iv) Minimum perpendicular width of a manoeuvring aisle (v) Parking stacker spaces (vi) Minimum vertical dimension of a parking level of the designed to accommodate parking stackers (vii) Tandem parking spaces (viii) Minimum perpendicular length of a tandem parking space (1) Minimum number of loading spaces (m) Pedestrian connections (i) Location (ii) Maximum height of the above grade connection (iii) Minimum clearance of the above grade connection 2.6 metres 6 metres required parking spaces may be, in whole or in part, provided by means of parking stackers. Each parking stacker module shall be accessed by a manoeuvring aisle and shall conform to the minimum dimensions specified in above clauses (i), (ii) and (iii) of this section 4 metres required parking spaces may be provided by means of tandem parking spaces within the building 11.8 metres 6 notwithstanding the provisions in clause (c) of this section, two (2) enclosed pedestrian connections between Parcel TC(H) -966 and Parcel TC(H) -967 may be permitted to encroach within the minimum exterior side yard widths shown on Schedule 2. One connection shall be above grade and the other shall be below grade 21 metres as measured from the Geodetic Survey of Canada elevation 160.80 metres 12.5 metres as measured from Geodetic Survey of Canada elevation 160.80 metres -7- (iv) Minimum width of the above grade pedestrian connection (v) Maximum width of the above grade pedestrian connection (vi) Agreement 3 metres 12 metres prior to permitting a pedestrian connection over or under Hiram Street, the owner of Parcel TC(H) -967 shall enter into an agreement with the City 7. The owners of the Lands are required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 8 of this by -law and such agreements are to be registered on title. 8. The height of the buildings or structures permitted by sections 5 and 6 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the owners of the Lands providing the following facilities, services and matters to the City, namely: (a) the contribution of facilities and /or cash to the City, in the amount based on the cost of construction per square metre multiplied by the area of each floor capable of being occupied above 30 storeys multiplied by 5 %, to be used for the capital facilities of one or more of the following projects as determined by Council that are beyond those that would otherwise be provided under the provisions of the Planning Act or the Development Charges Act: • Downtown revitalization projects • Proposed extension of Olympic Legacy Trail over Highway 420 (bridge) • Sylvia Place Market • Sanitary and/or storm sewer improvements necessary to service the Downtown area in accordance with an agreement entered into pursuant to section 7 of this by -law; (b) streetscape improvements to the street frontage along River Road, Hiram Street, Blondin Avenue and John Street adjoining the Lands, inclusive, but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by Development Charges and 2% parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan; and (c) the provision of an architectural design for the buildings including, but not limited to, surface articulation, exterior materials, roof structure, pedestrian -scale uses, and design of the public realm satisfactory to the Director of Planning, Building & Development, in accordance with an agreement entered into pursuant to section 7 of this by -law. -8- 9. No building or structure shall be erected until such time as the facilities, services and matters required by an agreement entered into pursuant to section 7 of this by -law are provided. 10. Notwithstanding section 9 of this by -law, the uses existing on the day of the passing of this by -law shall continue as permitted uses until such time as the facilities, services and matters required by an agreement entered into pursuant to section 7 of this by -law are provided. 11. For the purposes of this by -law: "roof feature" means a distinct architectural element erected above the top storey of the hotel tower component and shall not contain a place of occupancy or be used for commercial purposes, unless otherwise permitted by this by -law, but shall be provided for the purposes of enhancing the design of the hotel and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By -law No. 79 -200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature. "parking stacker" means a mechanical motor vehicle parking device which provides an additional parking space that is positioned above a parking space or tandem parking space and is accessed by a manoeuvering aisle. "tandem parking space" means the outer or rear parking space that occurs when two parking spaces are located end to end and access to the rear parking space is only gained by traveling over the outer space. Access may require that one vehicle be moved in order to access the other vehicle. "top storey" means the uppermost storey of a building, save and except for any unenclosed observation levels. 12. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 13. No person shall use the Lands for a use that is not a permitted use. 14. No person shall use the Lands in a manner that is contrary to the regulations. 15. 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. No person shall use the Lands described in section 1 of this by -law and shown attached and designated TC(H) and numbered 966 and TC(H) and numbered 967 on the plan Schedule 1 attached hereto for any purpose prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowners or developers shall complete the following: (a) any necessary Environmental Site Assessments and the filing of a Record of Site Condition (RSC), signed by a qualified person, in the Environmental Site Registry, and the submission to the City and the Region of proof that the Ministry of the Environment has acknowledged receipt of the RSC. -9- (b) Completion of any required servicing studies demonstrating that adequate sanitary servicing capacity is available to service the development to the satisfaction of the City and the Regional Municipality of Niagara, and completion of necessary works. (c) completion of any required transportation studies demonstrating that there is adequate capacity in the surrounding road network and in on -site vehicular drop off areas to service the development to the satisfaction of the City and the Niagara Parks Commission, and completion of necessary works. (d) Acquisition by the owners of the rights to that part of the Lands described as Lane PI 294 Town of Niagara Falls Lying Btn John St & Hiram St; Niagara Falls. 16. The provisions of this By -law shall be shown on Sheet D4 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 966, in part, and 967, in part. 17. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.966 Refer to By -law No. 2012- 20.1.967 Refer to By -law No. 2012- 18. By -law No. 1981 -019 is repealed. Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012 S:\ ZONING \AMS\2012\By- 1aws\Byam00S. wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land Amending Zoning By -law No. 79 -200 Description: Lt 11 PI 294 Town of Niagara Falls; Niagara Falls Lts 5, 6, 7, 8, 9 & 10 PI 294 Town of Niagara Falls; Niagara Falls Lt 107 PI 294 Town of Niagara Falls; Niagara Falls Lts 103, 104, 105 & 106 PI 294 Town of Niagara Falls; Niagara Falls Lane PI 294 Town of Niagara Falls Lying Btn John St & Hiram St; Niagara Falls Lt 3 PI 294 Town of Niagara Falls; Pt Lt 1 PI 294 Town of Niagara Falls; Pt Lt 2 PI 294 Town of Niagara Falls; Pt Lt 4 PI 294 Town of Niagara Falls; Pt Lt 1015 PI 290 Town of Niagara Falls As In R0652898; Niagara Falls Applicants: 2302846 Ontario Inc. and 2298642 Ontario Inc. Assessment #: 272503000215800, 272503000204700, 272503000204800, 272503000215700, 272503000216100, PT 272503000200101 K: \GIS_Requests\ 2012\ Schedule \ZoningAM\AM- 05 \mapping.map s 1: NTS AM- 2012 -005 October 2012 SCHEDULE 2 TO BY -LAW No. 2012- eodetic Survey/Point of Canada Elevation 160.8m Amending Zoning By -law No. 79 -200 Description: Lt 11 PI 294 Town of Niagara Falls; Niagara Falls Lts 5, 6, 7, 8, 9 & 10 PI 294 Town of Niagara Falls; Niagara Falls Lt 107 PI 294 Town of Niagara Falls; Niagara Falls Lts 103, 104, 105 & 106 PI 294 Town of Niagara Falls; Niagara Falls Lane PI 294 Town of Niagara Falls Lying Btn John St & Hiram St; Niagara Falls Lt 3 PI 294 Town of Niagara Falls; Pt Lt 1 PI 294 Town of Niagara Falls; Pt Lt 2 PI 294 Town of Niagara Falls; Pt Lt 4 PI 294 Town of Niagara Falls; Pt Lt 1015 PI 290 Town of Niagara Falls As In R0652898; Niagara Falls Applicant: 2302846 Ontario Inc. and 2298642 Ontario Inc. Building Heights Maximum Building Height as measured from Geodetic Survey of Canada Elevation 160.8m Maximum No. Maximum of Storeys Height ISM 60 222.0m ® 8 30.0m _� 7 26.0m ® 6 21.0m No Buildings or Structures C=7 N Assessment #s: 272503000215800, 272503000204700, 272503000204800, 272503000215700, 272503000216100, PT 272503000200101 K: \GIS_Requests \2012 \Schedule \Zon ingAM \AM -05 \mapping. map 1: NTS AM- 2012 -005 October 2012 SCHEDULE 3 TO BY -LAW No. 2012- ,5.7m 6.4m 6.4m .<3 6.2m - / 17.7mO�ST- £h17m 1.0m 1.Om v ° F A•IIUUUC� 1111,111111/1111, /ice► 19,1 �iriuua•r ►411111♦1. P1/./MIN 8 5m ■I/4111., Appientinam RI MEM S.Om ry 1� ,*1 16.Om 10 3m Im 6.4m i•l�✓•I�i� 14��11�i7��11111, } "1.8m OM 111111MIN 6.3m 2.9m 2.5m 7.7m 14.0m 12.1m 2.44m / Geode icSurvey Point of Canada Elevation 160.8m 12.0m" 7.5m Zoning By -law No. 79 -200 Description: Lt 11 P1 294 Town of Niagara Falls; Niagara Falls Lts 5, 6, 7, 8, 9 & 10 PI 294 Town of Niagara Falls; Niagara Falls Lt 107 PI 294 Town of Niagara Falls; Niagara Falls Lts 103, 104, 105 & 106 PI 294 Town of Niagara Falls; Niagara Falls Lane PI 294 Town of Niagara Falls Lying Btn John St & Hiram St; Niagara Falls Lt 3 PI 294 Town of Niagara Falls; Pt Lt 1 PI 294 Town of Niagara Falls; Pt Lt 2 PI 294 Town of Niagara Falls; Pt Lt 4 PI 294 Town of Niagara Falls; Pt Lt 1015 PI 290 Town of Niagara Falls As In RO652898; Niagara Falls Applicant: 2302846 Ontario Inc. and 2298642 Ontario Inc. Assessment #s: 272503000215800, 272503000204700, 272503000204800, 272503000215700, 272503000216100, PT 272503000200101 K: \GIS_Req uests\ 2012 \Schedule \ZoningAM \AM- 05 \mappi ng. map Building Heights Maximum Building Height as measured from Geodetic Survey of Canada Elevation 160.8m Maximum No. of Storeys 61 9 8 7 6 5 Maximum Height 229.0m 39.0m 31.0m 26.0m 21.0m 17.0m No Buildings or Structures N 5 1: NTS AM- 2012 -005 October 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and that Schedule "C" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "D6" and that Schedule "D6" attached hereto shall be inserted in lieu thereof. Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012. December 11, 2012. December 11, 2012. SCHEDULE "C" 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Marzenna Carrick Marianne Catherwood Julio Cavaliere Don Ceci Bob Chambers Joe Corradi Bill Crowder Ron Dayton Alex DeGaust Larry Desormeaux Mario Digianni Bob DiGirolamo Larry Downing Tracey Gauthier John Garvie Kevin Howe Lou Hussey Ensio Ingman Les Jarvis Arnold Larian Norm Leonard David Lewis Ian MacKay John MacLeod John McPherson Alyssa Minicucci Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell David Smith Dave Simpson Gary Statchura Randy Tait Jana Vermeulen SCHEDULE "D6" NIAGARA SQUARE SHOPPING CENTRE 1. Parking By -law Enforcement Officers on private property: Catharine Danicki Craig C. Doig Geoffrey Hood Robert Mascia Robert Tweedy Eric Wilcox CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an Agreement with the Regional Municipality of Niagara respecting road maintenance activities involving urban mowing of grassed boulevards and centre medians upon Regional lands for Falls Avenue from Stanley Avenue to Victoria Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: L An Agreement made between The Regional Municipality of Niagara, as Region, and the Corporation of the City of Niagara Falls, as City, respecting maintenance activities upon Regional lands for Falls Avenue from Stanley Avenue to Victoria Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012 ARTICLE 2 — PAYMENT 2.1 The Region shall pay the City for the Maintenance Activities performed by the City in accordance with the following provisions of this Agreement. 2.2 The City shall maintain detailed records of all costs associated with each Maintenance Activity and shall permit the Region or its agents, at any time, upon reasonable notice, to inspect and audit those records. 2.3 The City shall invoice the Region for Maintenance Activities performed pursuant to this Agreement. Each such invoice shall include a summary of all labour, materials, equipment, contracted services and other costs incurred in performing the Maintenance Activities. 2.4 The City may include in its invoices a payroll burden calculated as a percentage of the actual labour costs. This percentage shall be the same percentage set from time to time by the Region as applicable to its own activities. As of the effective date of this Agreement, the percentage set by the Region is 47 %. 2.5 The City may calculate its costs for the Maintenance Activities: (a) on a time and materials basis; (b) by calculating such costs for maintenance of the Region's Lands and the City's own lands, and then apportioning such costs accordingly; or (c) by the proportionate share of the cost of contracted services. 2.6 The City shall submit its invoice to the Region for the Maintenance Activities performed in a particular month on or before the 15`h day of the following month, provided that the invoice for the month of December shall be submitted on or before the end of the second week in January. 2.7 The Region shall have thirty (30) days after receipt of an invoice to pay it, unless there is a dispute about the amount of the invoice, in which case payment is due thirty (30) days after resolution of the dispute. ARTICLE 3 — GENERAL 3. I The Region shall ordinarily communicate with the City through the City's Manager of Parks and Cemetery Services. The City shall ordinarily communicate with the Region through the Region's Associate Director, Transportation Operations or a designate. Any notice given or required under this Agreement shall be served personally or via facsimile transmission and is effective as of the next business day following delivery as follows: 3 (a) To the Region: (b) To the City: The Regional Municipality of Niagara 2201 St. David's Road, PO Box 1042 Thorold, ON L2V 4T7 Telephone: 905 - 984 -3622 Fax: 905 - 685 -0013 Attn: Associate Director, Transportation Operations The Corporation of the City of Niagara Falls P.O. Box 1023 4501 Stanley Avenue Niagara Falls, ON L2E 6X5 Telephone: 905 - 356 -7521, ext. 5300 Fax: 905 - 354 -7706 Attn: Manager of Parks and Cemetery Services 3.2 The parties hereto agree to attempt to resolve any disputes arising out of this Agreement as co- operatively as possible. Any dispute that cannot be resolved by operating staff shall be referred to the parties' respective Chief Administrative Officers. No dispute shall be submitted to a Court, tribunal, arbitration or mediation until the respective Chief Administrative Officers have had a reasonable opportunity to resolve it, but have been unsuccessful. 3.3 The City shall indemnify the Region against and save the Region harmless from and against all claims, demands or proceedings for loss, damage, or injury, including death, and from and against all costs and expenses which the Region may sustain, suffer or incur, resulting from or arising directly or indirectly from any alleged failure by the City to maintain and repair the Region's Lands, or perform its obligations under this Agreement in any way whatsoever, provided that this paragraph shall not apply to claims arising solely out of the negligence of the Region. 3.4 The City and all contractors and sub - contractors shall purchase and maintain at all times during the term of this Agreement the insurance coverage listed below: (a) Commercial General Liability insurance insuring the City /sub- contractor and covering all services as described in the Agreement to a limit of not less than FIVE MILLION DOLLARS ($5,000,000) per occurrence and in the aggregate. The policy will be extended to include: (i) bodily injury, death and property damage; (ii) personal and advertising injury; (iii) products and completed operations; (iv) blanket contractual; (v) severability of interest; (vi) cross liability clause; (vii) broad form property damage; (viii) premises and operations; and 4 (ix) non -owned Automobile to a limit of not less than TWO MILLION DOLLARS ($2,000,000); The policy shall be endorsed to: include The Regional Municipality of Niagara as an additional insured; and contain an undertaking by the insurers to notify the Region in writing not less than thirty (30) days before any material change in risk or cancellation of coverage. (b) Automobile Insurance (OAP I) for both owned and leased vehicles with inclusive limits of not less than TWO MILLION DOLLARS ($2,000,000). The policy shall contain an undertaking by the insurers to notify the Region in writing not Tess than fifteen (15) days before any material change in risk or cancellation of coverage. (c) All policies of insurance shall: (i) be written with an insurer licensed to do business in Ontario; and (ii) be non - contributing with, and will apply only as primary and not excess to any other insurance or self- insurance available to the Region. (d) Certificates of insurance originally signed by authorized insurance representatives shall be delivered to the Region prior to the commencement of the services, on a form of Certificate of Insurance which is acceptable to the Region. The Certificate of Insurance must comply with these insurance requirements and must be on the Region's form of Certificate of Insurance, which can be found on the Region's website — www.niagararegion.ca/business/fpr/cert-insurance.aspx. If the Certificate of Insurance is provided in a non - original form (e.g. a facsimile, photocopy or scanned electronic copy), the City acknowledges and agrees that the Region is fully entitled to treat any such Certificate as an original and that the City will be responsible for the accuracy and validity of the information contained therein. If required by the Region, certified copies of all the above - mentioned policies shall be delivered to the Region. All subsequent policy renewals and certificates of insurance thereafter, during the time that this Agreement is in force, shall be forwarded to the Region within fifteen (15) days of their renewal date. 3.5 This Agreement shall enure to the benefit and bind the parties hereto and their respective successors and assigns. 3.6 This Agreement is effective as of April I, 2012, and formalizes the agreements between the parties dealing with the maintenance of the Region's Lands. Either party may terminate this Agreement upon giving at least six (6) months' written notice to the other party. 5 3.7 The City shall not make any assignment, in whole or part, of this Agreement without the prior written consent of the Region, which consent may be unreasonably withheld. The Region reserves the right to review and /or potentially reject sub - contractors from working on the Region's Lands. 3.8 If any part of this Agreement shall be held wholly or partially illegal, invalid or unenforceable by any court of competent jurisdiction, the Region and the City agree that the remainder of this Agreement shall not be affected, but shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement. THE REGIONAL MUNICIPALITY OF NIAGARA Per: Name: Kenneth J. Brothers, P.Eng. Position: Commissioner of Public Works I have authority to bind the corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Jim Diodati Position: Mayor Per: Name: Dean lorfida Position: City Clerk We have authority to bind the corporation. 6 ROAD MAINTENANCE AGREEMENT THIS AGREEMENT is effective as of the IS` day of April, 2012. BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA (the "Region ") - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "City ") WHEREAS the Region owns the lands described as Regional Road No. 420 (Falls Avenue) from Stanley Avenue to Victoria Avenue and shown on Schedule "A ", attached hereto (the "Region's Lands "), and is responsible for the maintenance, operation and repair thereof; AND WHEREAS the Region has requested the City to perform, and the City has agreed to perform, certain Maintenance Activities upon the Region's Lands; NOW THEREFORE in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 — MAINTENANCE ACTIVITIES 1.1 The City shall carry out the following Maintenance Activities, as set out in this Agreement: (a) Urban mowing of grassed boulevards and centre medians. The City shall perform the Maintenance Activities as they are required and without the necessity of specific advance approval by the Region. 1.2 The City shall perform the Maintenance Activities set out in this Agreement on the Region's Lands shown on Schedule "A" attached hereto, commencing as of April 1, 2012. The City shall continue to perform the Maintenance Activities until the Agreement is terminated in accordance with the terms and conditions herein. 1 1.3 The City shall provide all necessary labour, material, equipment and supervision to perform the Maintenance Activities. The City may retain a contractor to perform the Maintenance Activities. 1.4 Before March 1 S` of each year during the term of this Agreement, the City shall submit to the Region the cost estimates for that year, and the parties shall agree on the details of the Maintenance Activities for that year. 1.5 The City shall perform the Maintenance Activities in a proper workmanlike manner. 1.6 In performing the Maintenance Activities, the City shall use: (a) Materials, equipment and principles satisfactory to the Region; (b) Skilled and competent staff; and (c) Equipment that is maintained in good repair. 1.7 The City shall carry out the Maintenance Activities in accordance with: (a) Levels of service, standards and procedures (including promptness and speed of response) established by the Region from time to time; and (b) Any law, order of any Court or Tribunal of competent jurisdiction, rule, regulation or requirement of the Government of Canada, the Government of Ontario, or of any Municipal Government, Board, Commission, Department or Officer, and, without restricting the generality of the foregoing, standards including The Minimum Maintenance Standards for Municipal Highways as set out in Ontario Regulation 239/02, of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. If there should be a conflict between any of the authorities set out in the above two paragraphs, the City shall follow the authority which provides for the higher standard. 1.8 The City shall make and retain records of all Maintenance Activities, to the satisfaction of the Region, and at least to the same level of detail and usability as it makes and retains for its own lands. These records shall be in form and content sufficient to prove the occurrence of all Maintenance Activities, and particularly to defend claims of improper or inadequate maintenance. The kinds of records to be made and retained include (but are not limited to) work orders, time sheets, supervisors' journals and traffic protection plans. I.9 If the Region should believe that the City has failed to perform Maintenance Activities it is obliged to perform pursuant to this Agreement, has failed to perform Maintenance Activities in a timely fashion, or has performed Maintenance Activities in an unsatisfactory manner, the Region shall give written notice to the City. If the City fails to correct the failure of unsatisfactory performance to the satisfaction of the Region within seven (7) days, the Region may thereupon conduct the Maintenance Activity; and, upon at least seven (7) further days' written notice, may terminate this Agreement. 2 Schedule A" m-at .,, Description of the Region's Lands t I *' ,, I .1 I, 4 } Regional Road No. 420 (Falls Avenue) from Stanley Avenue to Victoria Avenue , to t �. — „ ti Avenue - 'rs i"" t I m :a.< w, a c. i t # t'. ,, 6 I t q , s g �r a CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with the Estate of Maria Brunetta, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between the Estate of Maria Brunetta, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as part of Lot 179, Geographic Township of Stamford being approximately 454 feet in width by 9.84 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012. December 11, 2012. December 11, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR Estate of Maria Brunetta the following: REAL PROPERTY: Address Part of 8100 McLeod Road, and legally described as Part of Lot 179, Geographic Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 454 feet in width by 9.84 feet in depth as shown hatched on Schedule "A" attached (the "property"). PURCHASE PRICE: Thirty -two Thousand Three Hundred and zero - -- Dollars (CDN$32,300.00) DEPOSIT: Purchaser submits Three Thousand and Zero Dollars (CDN$3,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 14th day of December , 2012 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 15th day of January , 2013. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- 354 -5540 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 12th day of January 2013. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use may be lawfully continued and that the principal building may be insured against risk of fire. Page 1 of 7 Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not avai9able in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of 2012 IN WITNESS whereof 1 have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor DATE Dean lorfida, City Clerk I, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this day of SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: 2012 / v{'`(�_ �/ L { DATE (Witness) ESTATE OF MARIA BI4UNETTA Ann Tripodi, Executrix Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of 20 (Signature) ACKNOWLEDGEMENT 1 acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 4291 Montrose Road, Unit 8 Niagara Falls, ON L2H 1K1 Tel. No. 905 - 358 -5272 Vendor's Lawyer James Rocca, Martin Sheppard Fraser LLP Address 4701 St. Clair Avenue, P.O. Box 900 Niagara Falls, ON L2E 6V7 Tel. No. 289 - 271 -0005 FAX No. (905)- 354 -5540 Page 5 of 7 SCHEDULE "A" aIMnI SF .A g a a _ A3ga RE A 5x^ sA Epp X34 °G &s _ E . ..m S o u glulo McLEOD ROAD 454' 272111000206000 MOU M[LE0.0 RO ESTATE of MARIA BRUNETTA x 6' m � 3\mm:�F CONTRACT NO. # ## ROAD RECONSTRUCTION Niagarardk MOLEOD ROAD from STA 0 +135 to STA 0 +270 �a.3w� ll 1 Ii llI I I I 11 �; I I I fli 11; i o.5,a gg aN E �3�.. gG l _N I II F— _I_11 I III 9 I � A. l._— _— n a� ) ;-; ' S� E q aA. e�'AgF cI; 4Ze i iSa q -� u�vy p 3 84' H4 II- � C j r 1 1 SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening 454 feet x 9.84 feet = 4,467 sq. ft. 4,467 sq.ft. @ $7.00 /sq.ft. = $32,269.00 Rounded to $32,300.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser will provide a standard curb cut entrance to the Vendor's remaining property. Page7of7 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. WHEREAS it has been the municipality's practice to consolidate fees and charges in a booklet for the ease of the public; and WHEREAS all the charges contained within the by -law and booklet were previously approved by Council; and WHEREAS a copy of this by -law, in the form of a booklet, will be available at City Hall for public consumption. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the fees and charges for various services licences and publications for the City of Niagara Falls are hereby imposed as set out in Schedule A, attached to this by -law. 2. That By -laws 2012 -49 and 2012 -88 are hereby repealed. Passed this eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2012 Second Reading: December 11, 2012 Third Reading December 11, 2012 SCHEDULE '!.A" Niagara,Falls Scfledule of Fees For Servucos Table of Contents Clerks & By -law Services 1 Finance 4 Legal Services 6 Business Development 6 Planning, Building & Development 7 City Development Charges 13 Municipal Works 14 • Cemetery Services 16 - Columbarium 19 Fire Services 21 Recreation & Culture • Arenas 23 • Room Rentals - MacBain Community Centre 23 • Room Rentals - Gale Centre, Chippawa Arena 24 • Public Skating 24 • Swimming Lessons 24 • Special Events 24 • Athletic Field Turf 25 • Artificial Field Lighting 26 • Coronation 50 Plus Recreation Centre 26 • Museums 27 Transportation Services 28 Notes 32 Amusement Place, Etc. Auctioneers Bake Shops Barber Shops, Hair Dressing and Esthetician Establishments Bill and Sign Positing and Installation Billiard, Bagatelle and Pool Establishments • Plus rate per table Bowling Alleys - per lane 45.00 N/A 65.00 N/A 30.00 N/A 30.00 N/A 100.00 N/A 70.00 N/A 20.00 N/A April 30 December 31 December 31 December 31 December 31 December 31 December 31 20.00 N/A December 31 Butchers 30.00 N/A December 31 Camping Establishments 110.00 N/A April 30 Commercial Parking Lots 100.00 N/A December 31 Dealers in Old Gold or Other Precious Metals 110.00 N/A December 31 Driving Schools 60.00 N/A December 31 Driving Instructors 25.00 N/A December 31 Exhibitions, Etc. 45.00 N/A April 30 Flea Markets for first 3 consecutive days 650.00 N/A December 31 • Plus additional rate per day 100.00 N/A to a maximum of $1,150 in one calendar year Food Premises 30.00 N/A December 31 Laundrymen, Laundry Companies, Dry Cleaners, Etc. 30.00 N/A December 31 Motels per room 40.00 N/A April 30 • Plus rate per room 5.00 N/A April 30 Pawn Brokers 110.00 N/A December 31 Pedlars (1) Resident 110.00 N/A December 31 (2) Non - Resident 650.00 N/A December 31 Photographers December 31 (1) Resident 65.00 N/A (2) Non - Resident 140.00 N/A Public Garages, Automobile, Service Stations (1) Garages (2) Auto Service Stations Public Halls (1) Grade! - Capacity 1,000+ (2) Grade II - Capacity 600 -999 (3) Grade 111 - Capacity 300 -599 (4) Grade IV - Capacity 299 -under Refreshment Vehicles (1) Motorized (2) Non - Motorized Restaurants December 31 30.00 N/A 30.00 N/A December 31 45.00 N/A 40.00 N/A 35.00 N/A 30.00 N/A April 30 185.00 N/A 100.00 N/A 40.00 N/A April 30 Specific Location Daily Sales (1) Resident 150.00 N/A to a maximum of $1,000 in one (2) Non - Resident for the first day 500.00 N/A calendar year • Plus additional rate per day 100.00 N/A (3) Charitable Groups for first 3 days 325.00 N/A to a maximum of $575 in one • Plus additional rate per day 50.00 N/A calendar year Tattoo and Body Piercing Parlours 100.00 N/A December 31 Theatres 110.00 N/A December 31 Therapeutic Massage 75.00 N/A December 31 Massagist (R.M.T.) 25.00 N/A December 31 Tourist Homes, Bed & Breakfasts 65.00 N/A April 30 Second Level Lodging 200.00 N/A December 31 Group Homes 25.00 N/A December 31 NiagaraFails Marriage Licence (payable at the time of application) Master Plumber Journeyman Plumber Recording of City Council Meeting DVD t1 Owner of a Body -Rub Parlour Operator of a Body -Rub Parlour Body- Rubber at a Body -Rub Parlour Owner of an Adult Entertainment Parlour Operator of an Adult Entertainment Parlour Entertainer at an Adult Entertainment Parlour Owner of an Adult Store fist Seasonal Business Services Licence Monthly Business Services Licence 125.00 40.00 15.00 30.97 2,500.00 400.00 250.00 2,500.00 750.00 125.00 200.00 1,200.00 N/A N/A N/A 4.03 N/A N/A N/A N/A N/A N/A N/A N/A 300.00 N/A December 31 December 31 Total $35.00 valid from Victoria Day weekend until Canadian Thanksgiving valid for four (4) consecutive weeks Administrative Fee* 300.00 N/A This processing fee is due and payable at the time the application for a licence is made, and it is not refundable, notwithstanding that the application for a licence may be withdrawn or refused for an reason Should the licence be issued the administration fee will be deducted from sonal or r monthly fee. _ .:a• ra.e �:.� . ,,,.. _,,, ...t��.,, the sea ,.... r z_. Sign Removal Administration Fee By -law Booklets Litter By -law Administration Fee 50.00 5.00 300.00 N/A .65 N/A 50.00 5.65 300.00 Service Charge* - Water (See table below) Service Charge* - Sewer (See table below) * Service Charges are based on the meter service size. Consumption Charge - Water - $0.9203 per cubic meter Consumption Charge - Sewer - $0.9989 per cubic meter Meter Size 15 mm (0.58) 18 mm (0.75) 25 mm (1.00) 37 mm (1.50) 50 mm (2.00) 75 mm (3.00) 100 mm (4.00) 150 mm (6.00) 200 mm (8.00) 250 mm (10.00) 21.90 20.18 21.90 20.18 21.90 20.18 65.70 60.54 131.41 121.09 262.82 242.19 481.83 444.07 919.87 847.66 1,642.62 1,513.67 2,299.66 2,119.14 * Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 5 %. Please Note: All water accounts are being billed and collected by Niagara Peninsula Energy Inc. Please remit payments to Niagara Peninsula Energy Inc. NiagaraJ'irl/s Installation of Water Service or Meter Installations: • 3/4" Residential Water Service • over 3/4" Water Service - Deposit required based on estimated costs City supervised tapping fees • 3/4" - 5/8" up to and including 1 "service • 2" service and above Shutting Off or Turning On Water Supply (Arrears & Seasonal) • during Normal Working Hours • outside Normal Working Hours Shutting Off or Turning On Water Supply (Maintenance) • during Normal Working Hours • outside Normal Working Hours Meter Removal Re- /Installation • during normal working hours (per hour / per city employee) • outside normal working hours (per hour / per city employee) Meter Removal /installation For Testing • deposit • actual costs additional if meter is functioning Hydrant Flushing/Testing • per hydrant Bulk Water Distribution System • purchase card Administration Fee for Water Arrears Transferred to Property Taxes Note: For the purpose of this By -law, normal working hours shall mean Monday to Friday (exclusive of holidays) between 8 a.m. and 4 p.m. Tax Certificate per Property Tax Information per Property Registration Fees - Costs plus • Mortgage Letter • Farm Debt Letter • Final Letter Interest / Penalty on Tax Arrears Extension Agreements Personal Tax Information Copy • Current Year • One Year • Two Years and Prior Mortgage Company Administration Fee Dog Licence • Neutered • Non - neutered Returned Cheque Fee per Account Address Change Request -s- 1, 650.00 Actual Cost N/A 1,650.00 N/A Actual Cost 100.00 N/A 100.00 400.00 N/A 400.00 55.00 N/A 55.00 175.00 N/A 175.00 34.00 N/A 34.00 175.00 N/A 175.00 40.00 N/A 40.00 100.00 N/A 100.00 75.00 N/A 75.00 50.00 N/A 50.00 15.00 N/A 15.00 22.00 N/A 22.00 Fi 50.00 40.00 otai N/A 50.00 N/A 40.00 35.00 N/A 35.00 35.00 N/A 35.00 35.00 N/A 35.00 1.25% 1.25% 500.00 N/A 500.00 no charge 1.00 15.00 10.00 20.00 40.00 35.00 314.29 N/A N/A N/A N/A N/A N/A 40.86 no charge 1.00 15.00 10.00 20.00 40.00 35.00 355.15 Niagara,alls Preparation of Subdivision Agreement Preparation of Development Agreement Preparation of Condominium Agreement Preparation of Site Plan Agreement Preparation of Amending Site Plan Agreement Preparation of Section 37 Agreement Preparation of Conservation Easement Agreement Preparation of Encroachment Agreement Preparation of Easement Agreement Preparation of Lease / Licence Agreement with the City Preparation of Release of Easement Preparation of Registration Documentation for Part Lot Control By -law Preparation of Registration and Discharge of Property Standards Order Preparation of All Other Agreements Preparation of Release and /or Discharge of Agreement Property Inquiry Fee * Subject to Applicable Disbursements 3,500.00 3,500.00 3,500.00 1,500.00 650.00 1,000.00 750.00 500.00 500.00 500.00 150.00 200.00 150.00 1,500.00 150.00 500.00 N/A N/A N/A N/A N/A N/A N/A 3,500.00 3,500.00 3,500.00 1,500.00 650.00 1,000.00 750.00 N/A 500.00 N/A 500.00 65.00 565.00 N/A 150.00 N/A 200.00 N/A 150.00 195.00 1,695.00 N/A 150.00 N/A 500.00 Business Development Stanley Avenue Business Park Association Annual Sign Panel Fee for Third -Party Advertising - $500.00 (for 4 panels) Term: October 1, 2012 to September 30, 2013 Payment Due Date: Aug. 1, 2012 500.00 65.00 Total 565.00 Planning, Building & Development Official Plan Amendment Application High Rise Hotels Complex Standard eC High Rise Hotels All Other Lands Quarry and Aggregate Resource Extraction Application (base rate) * Total to be calculated on billable hours High Rise Hotels All Other Lands (including Testamentary Devise) Amendment to Site Plan Agreement Residential Plan Modifications to Draft Plan Approval Extension to Draft Plan Approval 1i Vacant Land Conversion Standard Extension of Draft Plan Modification of Draft Plan - Vacant Land Condominium Modification of Draft Plan - Standard / Conversion Niagara ,g11s 12,200.00 14,500.00 12,200.00 5,600.00 16, 200.00 13,500.00 16,200.00 6,000.00 4,000.00 1,500.00 13,500.00 2,500.00 1,000.00 N/A N/A 12,200.00 14,500.00 N/A 12,200.00 5,600.00 N/A N/A 16,200.00 N/A 13,500.00 N/A * 16.200.00 Total N/A 6,000.00 N/A 4,000.00 1,500.00 N/A N/A 13, 500.00 N/A 2,500.00 N/A 1,000.00 otal 10,000.00 N/A 10,000.00 2,500.00 N/A 2,500.00 1,500.00 N/A 1,500.00 1,000.00 N/A 1,000.00 2,500.00 N/A 2,500.00 1,225.00 N/A 1,225.00 Separation of Semi - detached / On- street Townhouse Units Deeming By -law Property Relotting Mailing Renotification Reassessment Requiring a further report Newspaper Renotification ($600 deposit payable with application) Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. 1,500.00 1,500.00 3,400.00 N/A 1,500.00 N/A 1,500.00 3,400.00 N/A 300.00 400.00 Actual Cost N/A 300.00 N/A 400.00 N/A Actual Cost Notes: Additional fees from the Legal Department are required for applications requiring agreements and registration of some by- laws. Consent / Severance Application • Change of Conditions • Renotification / Rescheduling Minor Variance • Renotification / Rescheduling Planning, Building & Development Concurrent Consent/Severance Application & Minor Variance Application Variance to Sign By -law Sign By -law Amendment c; Sidewalk Cafe Application omptan+ Site Plan Compliance Letter Environmental Request Letter Zoning Confirmation Letter Official Plan Zoning By -law 79 -200 (as amended) Urban Woodlot Study Accommodations & Attractions Inventory Gamer Neighbourhood Secondary Plan Tourism Policy Review Tourist Area Development Strategy Tourist Area Development Application Guide Sign By -law Review Study Streetscape Master Plan Reverse Lot Frontages Interim Guidelines (1989) Site Plan Policy & Standards (copy included with application) Smart Growth in Niagara High -rise Hotel Development Inventory Heritage Walking Tours Copies of Out -of -Print Materials Photocopying - 4 pages or more - Black & White Community lnt Brownfield CIP Brownfield Strategy Pilot Project Area Financial Incentives Main & Ferry SWOT Analysis Report Historic Drummondville CIP Downtown CIP Niagarafalls 3,400.00 200.00 200.00 2,100.00 200.00 4,125.00 N/A N/A N/A 3,400.00 200.00 200.00 N/A 2,100.00 N/A 200.00 N/A 4,125.00 2,100.00 N/A 2,100.00 5,600.00 N/A 500.00 N/A 200.00 N/A 200.00 N/A 200.00 N/A ST 39.82 5.18 39.82 5.18 26.55 3.45 22.12 2.88 13.28 1.72 13.28 1.72 13.28 1.72 4.43 .57 13.28 1.72 13.28 1.72 8.85 1.15 8.85 1.15 4.43 .57 No Charge No Charge 35.40 .24 4.60 .03 HST $ Total , 5,600.00 500.00 200.00 200.00 200.00 45.00 45.00 30.00 25.00 15.00 15.00 15.00 5.00 15.00 15.00 10.00 10.00 5.00 8.85 1.15 No Charge No Charge No Charge No Charge 8.85 1.15 8.85 1.15 10.00 10.00 10.00 NiagaraFulls Planning, Building & Development The permit fee for the construction of a building, structure or addition, listed by classification of major occupancy, is calculated on the basis of the Gross Floor Area of the building or addition, as applicable, multiplied by the corresponding figure shown below for each class of permit. School, Church, Restaurant (over 30 seats), Library, Theatre, Educational or Recreational Facility and Occupancies of a similar nature. Casino Hospital, Nursing Home, Reformatory, Prison, and Occupancies of a similar nature. Single family dwelling, semi - detached dwelling, duplex dwelling Townhouse Add for finished basement, in any of the above Apartment Building Hotel / Motel / Bed & Breakfast Office or Medical Building, Financial Institutional and Occupancies of a similar nature. Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and Occupancies of a similar nature. Add for Offices or Apartments over the above. Supermarket, Department Store and Occupancies of a similar nature. Add for basement to any of the above mercantile uses. 1.446 2.340 1.446 0.941 0.894 0.257 0.875 1.446 1.446 1.176 0.675 1.022 0.405 15.57 25.25 15.57 10.13 9.62 2.96 9.42 15.57 Sq. ttt 15.57 .............. 1 Sq tm,. 12.67 7.26 10.99 4.37 Factory, Plant, Warehouse, Industrial Building, and Occupancies of a similar nature. Offices in Industrial Building s Other Permit . _ € If Service Station, Car Wash Air - supported Structure, Tent (See note 5 in By -law) • Under 250 sq. m. - Flat Fee • 250 sq. m - or greater Parking Garage Accessory Storage Building, Farm Building, Greenhouse Conversion of Interior of an Existing Building to a Casino Change of Use • Less than 4,300 sq.ft. (400 sq.m.) - Flat Fee • 4,300 sq.ft. (400 sq.m.), or more - Minimum fee $150.00 Foundation only - % of full permit fee Structural Shell & Foundation only- % of full permit fee 0.572 1.077 0.982 150.00 0.114 0.411 0.289 1.172 150.00 0.367 10% 50% Architectural Shell & Foundation only - % of full permit fee 67% (see note 7 in By -law) Demolition of a Building or Structure - min. $150.00 0.023 Public Pool - Flat Fee 375.00 Private Pool - above ground - Flat Fee 80.00 - inground Value Method as below 6.17 11.60 Sq.m 10.57 1.23 4.43 3.11 12.63 3.78 0.24 Planning, Building & Development Miscellaneous Residential • Addition to Existing Dwelling (includes attached garage) • Detached Garage • Accessory Building, Detached Solarium • Finishing Basement • Carport, Open Porch, Deck - Flat Fee • Mobile Home (CSA certified) - Flat Fee - Foundation Extra • Mobile Home Foundation • Mobile Home (Uncertified) - including foundation • Signs - for up to 2.322 sq. m. - plus $18.837 for each additional sq. m. Installation of Plumbing - for all plumbing, up to seven fixtures in each unit, plus $4.00 for each additional fixture Rain Water Leaders, Manhole, Catch basin, Area Drain (each) Building Drain, Building Sewer, Building Storm Drain, Building Storm Sewer, Storm Drainage Piping, Private Drain, Private Storm Drain, Water Service Pipe (2" diameter or less) - for initial 150 feet (45 m) of pipe or portion thereof, plus - for each 50 feet (15 m) of additional pipe Connection to a municipal water main (tap only) - Flat Fee - 3/4" up to and including 2" Connection to a municipal water main (tap only) - Flat Fee - over 2" Water Service Pipe or Private Main (over 2" diameter) 0.941 10.13 0.303 3.26 0.268 2.88 0.275 2.96 150.00 150.00 0.151 1.63 0.527 5.67 70.00 Total 75.00 75.00 4.00 4.00 75.00 75.00 15.00 15.00 100.00 100.00 400.00 400.00 Value Method, as listed under Miscellaneous Total. If�tscellafneo Transfer of Permit to New Owner - 10% of original fee - Minimum Fee 150.00 150.00 Extension of Revocation Date of Permit - Flat Fee 85.00 85.00 Conditional Permit Agreement (See below) - Not Registered - Minimum Fee - Registered on Title - Minimum Fee 150.00 150.00 250.00 250.00 Planning, Building & Development Non - routine Inspection Fee • During Regular Hours - Flat Fee • After Regular Hours - Flat Fee Partial Occupancy Inspection Fee - Per Hour Compliance Letter to Lawyers, etc. - per property Liquor Licence Letter - per property Zoning Confirmation - per property Weekend Inspection - per inspection - Minimum Fee up to 4 hours - $100.00 per hour after 4 hours Rural 911 Address Sign (In accordance to By -law 2001 -180) Preparation of Discharge of Property Standards Order Administration Fee Variances and Appeals to By -laws (General) ** The fee for a Conditional Permit Agreement (CPA) is 20% of the full permit fee. Min. $150.00. In the event that the CPA is complied in full by the due date, then 50% of the CPA fee will be refunded. The fees above, calculated on a sq. ft. /sq. m. basis, include new floor area either in a new building or an addition to an existing building. For categories of construction not listed above, the permit fee shall be $150.00 for the initial $5,000.00 of valuated cost, or portion thereof, plus $10.00 for each additional $1,000.00 of valuated cost, or portion thereof. Fees are payable at time of application. (Includes inground swimming pools) Minimum Permit Fee $150.00 for all classes of permits not noted above. Other applicable fees may be payable for servicing, deposits, development charges, park dedications, etc. The fee for fast tracking a permit (when available) is 1.5 times the applicable rate listed above. Notwithstanding, where construction or installation has occurred prior to the issuance of a permit, then the permit fee shall be double the amount listed above. NOTE: This Summary is intended for reference purposes only. For complete information, refer to By -law 2007 -33 and the various amendments thereto and other applicable by -laws. Photocopies Non - sufficient Funds Monthly Building Report Damage Deposit Security Deposit Lot Grading Deposit • 1982 Policy - Pool and Accessory Buildings 1989 Policy • 1989 Policy (Infill Lot) t F�c NIAGARA FALLS FARMERS MARKET PARK STREET MARKET (CURRENTLY INACTIVE) Stalls 1 to 37 inclusive - Daily - Monthly - Yearly SYLVIA PLACE MARKET Stalls 1 to 43 inclusive - Daily - Monthly - Yearly Stalls 1, 2 & 3 - Yearly Stall 4 - Yearly Crafters' Tables - Daily 65.00 N/A 65.00 100.00 N/A 100.00 65.00 N/A 65.00 75.00 N/A 75.00 75.00 N/A 75.00 6.50 N/A 6.50 250.00 N/A 250.00 116.59 15.16 131.75 125.00 N/A 125.00 250.00 N/A 250.00 .24 .03 .27 35.00 N/A 35.00 150.00 19.50 169.50 750.00 N/A 750.00 1,500.00 N/A 1,500.00 300.00 N/A 300.00 1,000.00 1,000.00 N/A 'total 30.00 3.90 33.90 75.00 9.75 84.75 125.00 16.25 141.25 30.00 3.90 33.90 75.00 9.75 84.75 125.00 16.25 141.25 1,000.00 130.00 1,130.00 500.00 65.00 565.00 10.00 1.30 11.30 Planning, Building & Development Niagarajalls Development charges against land to be developed for residential use shall be based upon the following designated services within the corresponding area provided by the City, and in proportions applicable to each service: Designated Services Development Related Studies Roadways & Related Transit Parks & Rec. Library Sanitary Sewer Storm Water Management Sidewalks Water Total 2.74% 14.51% 2.95% 18.48% 2.35% 0.00% 0.00% 0.00% 0.00% 41.03% Urban Area 0.00% 0.00% 0.00% 0.00% 0.00% 29.97% 23.16% 1.31% 4.53% 58.97% Non -Urban Area 6.68% 35.35% 7.21% 45.03% 5.73% 0.00% 0.00% 0.00% 0.00% 100.00% Subject to the provisions of this part and this By -law 2009 -120, development charges against land to be developed for residential use shall be calculated and collected at the following base rates: Development Type Single and Semi Detached Dwelling Townhouse Dwelling Apartment Dwelling Full Services Urban Ai-ea 10, 092.00 6,728.00 5,491.00 19.77 Non -Urban Area 4,141.00 2,761.00 2,252.00 48.128 Effective July 1, 2012 to Sept. 9/12, June 1, 2013 to June 30/13 Monday to Friday (exclusive of observed holidays) between 8:00 a.m. and 3:15 p.m. Monday to Friday (exclusive of observed holidays) between 3:15 p.m. and 4:00 p.m. Saturday, Sunday, or Holiday (anytime) or any other day before 8:00 a.m. or after 4:00 p.m. "No Action" or False alarm Video Inspection of a Private Sewer Service (only during times as per line one above) Copy of DVD of video inspection Effective September 10, 2012 to May 31, 2013 Monday to Sunday (exclusive of observed holidays) between 8:00 a.m. and 7:15 p.m. Monday to Sunday (exclusive of observed holidays) between 7:15 p.m. and 8:00 p.m. Monday to Sunday (exclusive of observed holidays) between 8:00 p.m. and 8:00 a.m. Observed Holidays "No Action" or False alarm Video Inspection of a Private Sewer Service (only during times as per line one above) Copy of DVD of video inspection Note: Payment can be made by cash, cheque, or credit card in advance of doing any work. purchase Wafer Meten: 5/8" 5/8" x 3/4" 3/4" 1" 1.5" 2" compound 3" compound 4" compound 6" compound 4" protectus 6" protectus 8" protectus 10" protectus Wall Transmitter Pit Transmitter Subdivision Plans Prints Full Size Prints Photocopies (per page) Letters of Compliance Tender Documents Engineering Manuals and Reports Water /S per Maps/Rep ubd Horizontal & Vertical Control Book (free update for 3 years) Prints /Plots (1 m or less) (per 0.5 m after) Application Security deposit required upon approval of application Site Alteiratlon Pei rmlf Application Curb Cut per linear foot (minimum cut fee $65.00) Sidewalk Repair per sq. foot Curb Repair per linear foot (minimum repair fee $75.00) 100.00 130.00 255.00 30.00 No charge 10.00 100.00 130.00 255.00 255.00 30.00 No charge 10.00 203.79 205.15 239.79 324.50 636.42 2,400.18 3,201.01 4,794.03 8,652.58 8,660.55 10, 388.69 14,493.49 19,389.67 205.28 260.01 4.43 .24 13.28 44.25 22.12 44.25 4.43 .89 300.00 50.00 23.00 8.50 38.00 N/A N/A N/A N/A N/A 10.00 100.00 130.00 255.00 30.00 N/A 100.00 N/A 130.00 N/A 255.00 N/A 255.00 N/A 30.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A .57 .03 1.72 5.75 2.88 5.75 .57 .11 N/A N/A N/A N/A N/A 10.00 To 203.79 205.15 239.79 324.50 636.42 2,400.18 3,201.01 4,794.03 8,652.58 8,660.55 10, 388.69 14,493.49 19, 389.67 205.28 260.01 $ Total 5.00 .27 15.00 50.00 25.00 50.00 5.00 1.00 300.00 50.00 23.00 8.50 38.00 Niagararalls Application: 1" Year 2' Year (plus security deposit - 10% estimated value of work up to $250 maximum cellaneous Cost of providing CD (if picked up) Cost of providing CD (if mailed) 5.30 13.27 N/C 50.00 Total .70 6.00 1.73 15.00 Interment Rights Adult - Single Lot Preferred Adult - Single Lot Adult - Two Lot Preferred Adult - Two Lot Adult - Three Lot Adult - Six Lot Child /Infant - Single Lot (Fairview) Cremation Plot - 4 Lots Preferred Cremain Plot Cemetery $ Fee 642.00 702.00 1,284.00 1,404.00 1,926.00 3,852.00 180.00 324.00 384.00 Interment Rights Adult - Single Lot Adult - Two Lot Adult - Three Lot Adult - Six Lot Child /Infant - Single Lot (Fairview Cremation Plot - 4 Lots Interment Services Adult Casket Burial (Tent is extra fee) Child Casket Burial (Tent is extra fee) Infant Casket (Tent is extra fee) Cremains Urn Burial (Tent is extra fee) Cremains Scatter Burial (Fairview) Cremains Urn Burial - Double (Admin. fee) Interment Cancellation - Casket Interment Cancellation - Urn One Time Care & Mtnce Fee* - per lot (grave) Cemetery $ Fee 963.00 1,926.00 2,889.00 5,778.00 270.00 486.00 ice Cemetery $ Fee 920.00 380.00 240.00 275.00 135.00 50.00 300.00 125.00 100.00 Cemetery $ Fee 1,385.00 575.00 365.00 415.00 202.00 50.00 450.00 187.00 Care & Maintenance $ Sub -Total $ HST $ Trust Fee 428.00 468.00 856.00 936.00 1,284.00 2,568.00 120.00 216.00 256.00 n- Resident Lol Trust $ Fee 642.00 1,284.00 1,926.00 3,852.00 180.00 324.00 1,070.00 1,170.00 2,140.00 2,340.00 3,210.00 6,420.00 300.00 540.00 640.00 139.10 152.10 278.20 304.20 417.30 834.60 39.00 70.20 83.20 $ Total Fee 1,209.10 1,322.10 2,418.20 2,644.20 3,627.30 7,254.60 339.00 610.20 723.20 $ Sub -Total $ HST 1,605.00 208.65 3,210.00 417.30 4,815.00 625.95 9,630.00 1.251.90 450.00 58.50 810.00 105.30 $ Total Fee 1,813.65 3,627.30 5,440.95 10,881.90 508.50 915.30 Interment Services Adult Casket Burial (Tent is extra fee) Child Casket Burial (Tent is extra fee) Infant Casket (Tent is extra fee) Cremains Urn Burial Cremains Scatter Burial (Fairview) Cremains Urn Burial - Double (Admin. fee) Interment Cancellation - Casket Interment Cancellation - Urn Provincial $ Fee 10.00 10.00 10.00 N/A N/A N/A N/A N/A N/A $ Sub -Total $ HST 930.00 390.00 250.00 275.00 135.00 50.00 300.00 125.00 100.00 $ Total 120.90 1,050.90 50.70 440.70 32.50 282.50 35.75 310.75 17.55 152.55 6.50 56.50 39.00 339.00 16.25 141.25 13.00 113.00 Provincial $ Fee $ Sub -Total $ HST $ Total 10.00 1,395.00 181.35 1,576.35 10.00 585.00 76.05 661.05 10.00 375.00 48.75 423.75 N/A 415.00 53.95 468.95 N/A 202.00 26.26 228.26 N/A 50.00 6.50 56.50 N/A 450.00 58.50 508.50 N/A 187.00 24.31 211.31 Municipal Works Niagarara11s PLEASE NOTE: • All Committal Service scheduling is at the approval of the Cemetery Section based on location, weather, staff availability and the number of services requested by Funeral Directors per day. • Monday to Friday Interment Services (except on statutory or City holidays) may be scheduled between 10:00 a.m. and 3:15 p.m. only. • Saturday Services may be scheduled between 10:00 a.m. and 2:00 p.m. only. • Sunday and Statutory Holiday Interment Services may be scheduled between 11:00 a.m. and 2:00 p.m. • A "Scheduled" Funeral late arrival and other interment surcharges will apply as indicated in the Cemetery Fee Schedule - "interment Surcharges ". • Funeral late arrivals (arriving after the scheduled time) will be subject to an additional "Funeral Crew Standby" fee. • Funeral Directors are responsible for advising families, in advance, of potential funeral late charges and applicable surcharges. • One Time Care & Maintenance Fee is charged for an interment (Full Body or Cremation) that takes place in a lot (grave) that was purchased prior to 1955. �n. tration fce Interment Rights • Transfer • Exchange • Replacement/Duplicate • Double Cremain /Companion Urn Cemetery Records Search - per hour Memorial Tree Memorial Bench with 3" x 6" plate installed on back of bench Memorial Bench with bronze plaque (8" x 10 ") and stand Memorial Marker - Maple Grove Memory Lane (includes inscription) Fotinctation 1 Marker Instatlattott Services "' Concrete Foundation Per Cubic Foot. - Supply and Install Foundation Installation (Minimum Charge) Pre -Pour Foundation (Section Q & P Double Plots) Foundation Removal Veteran Upright Marker Setting Small Flat Marker Setting - under 172 sq. in. Large Flat Marker Setting - over 172 sq. in. Corner Markers Setting - Per Set of 4 Marker Care 8. Maintenance ` `x Flat Marker - Over 172 sq. in. Upright Marker including base up to 4 ft. high /long Upright Marker including base over 4 ft. high /long Adult/Child - Dis- interment only* Adult/Child - Dis - interment and Re- interment Infant - Dis- interment only* Infant - Dis- interment and Re- interment Cremains - Dis- interment only* Cremains - Dis- interment and Re- interment * Remains are removed from Municipal Cemetery 50.00 6.50 50.00 6.50 25.00 3.25 50.00 6.50 25.00 3.25 300.00 39.00 1,250.00 162.50 1,600.00 208.00 350.00 45.50 19.00 2.47 223.00 28.99 310.27 40.34 150.00 19.50 80.00 10.40 50.00 6.50 80.00 10.40 45.00 5.85 50.00 6.50 100.00 13.00 200.00 26.00 56.50 56.50 28.25 56.50 28.25 339.00 1,412.50 1,808.00 395.50 21.47 251.99 350.61 169.50 90.40 56.50 90.40 50.85 Rat;' 56.50 113.00 226.00 900.00 117.00 1,017.00 1,630.00 211.90 1,841.90 300.00 39.00 339.00 500.00 65.00 565.00 150.00 19.50 169.50 350.00 45.50 395.50 Weekday Funeral Late Arrival Scheduled • After 3:15pm Funeral Crew Standby - Funeral procession arrives after scheduled time • Weekdays (per 1/4 hour) • Saturday /Sunday /Holidays (per 1/4 hour) Casket Burial • Saturday - arrival before 2:00 pm • Sunday and Holiday - arrival before 2:00 pm Cremains Burial • Saturday - arrival before 2:00 pm • Saturday Scattering - arrival before 2:00 pm • Sunday /Holiday - arrival before 2:00 pm interments Tent Rental • Adult /Child Cremains Burial Less Than 8 Working Hours • Casket Burial Order • Cremains Burial Order Lower and Seal Concrete Vault/Liner Lid Lower Concrete Vault/Liner Box 100.00 30.00 40.00 370.00 525.00 190.00 90.00 280.00 13.00 113.00 3.90 33.90 5.20 45.20 48.10 418.10 68.25 593.25 24.70 11.70 36.40 Cemetery. .ee m$ HS' 200.00 175.00 90.00 40.00 70.00 26.00 214.70 101.70 316.40 Tota 226.00 22.75 197.75 11.70 101.70 5.20 45.20 9.10 79.10 Niagaraj''alls Maple Grove - Trillium Court Columbarium A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) A & F (Double Niche) B & E (Double Niche) C & D (Double Niche Product ¥a Bronze Wreath - includes inscription & installation 800.00 880.00 1,000.00 1,200.00 1,320.00 1,500.00 Maple Grove - Primrose & Perriwinkle Lanes Columbarium A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) Pro Bronze Wreath - includes inscription & installation Fairview - Maple Grove 0peni" CIa RESIDENT - Single Inurnment NON-RESIDENT - Single Inurnment Double Cremain Inurnment ` *Administration Fee for the second inurnment if taking place the same time as the first and in the same Niche 200.00 220.00 250.00 300.00 330.00 375.00 1,000.00 130.00 1,100.00 143.00 1,250.00 162.50 1,500.00 195.00 1,650.00 214.50 1,875.00 243.75 550.00 71.50 1,130.00 1,243.00 1,412.50 1,695.00 1,864.50 2,118.75 621.50 600.00 150.00 750.00 97.50 847.50 680.00 170.00 850.00 110.50 960.50 760.00 190.00 950.00 123.50 1,073.50 900.00 225.00 1,125.00 146.25 1,271.25 1,020.00 255.00 1,275.00 165.75 1,440.75 1,140.00 285.00 1,425.00 185.25 1,610.25 200.00 300.00 50.00 550.00 71.50 621.50 26.00 39.00 6.50 226.00 339.00 56.50 Stamford Green Heritage Columbarium A (Single Niche) A (Double Niche) B (Single Niche) B (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) A (Single Niche) A (Double Niche) B (Single Niche) B (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) RESIDENT - Single Inurnment NON - RESIDENT - Single Inurnment Double Cremain Inurnment/Companion Um * *Administration Fee for the second inurnment if taking place the same time as the first and in the same Niche Produc Glass - Single Niche Glass - Double Niche Bronze - Single Niche Bronze - Double Niche 375.00 760.00 480.00 880.00 480.00 880.00 375.00 760.00 560.00 1,140.00 720.00 1,320.00 720.00 1,320.00 560.00 1,140.00 -20- 100.00 190.00 120.00 220.00 120.00 220.00 100.00 190.00 150.00 285.00 180.00 330.00 180.00 330.00 150.00 285.00 200.00 300.00 50.00 a 475.00 950.00 600.00 1,100.00 600.00 1,100.00 475.00 950.00 710.00 1,425.00 900.00 1,650.00 900.00 1,650.00 710.00 1,425.00 ee 35.00 60.00 440.00 560.00 61.75 123.50 78.00 143.00 78.00 143.00 61.75 123.50 92.30 185.25 117.00 214.50 147.00 214.50 92.30 185.25 26.00 39.00 6.50 4.55 7.80 57.20 72.80 536.75 1,073.50 678.00 1,243.00 678.00 1,273.00 536.75 1,073.50 802.30 1,610.25 1,017.00 1,864.50 1,017.00 1,864.50 802.30 1,610.25 226.00 339.00 56.50 Total 39.55 67.80 497.20 632.80 NiagaraJ'alls Home Day Care, Respite Homes Nursery Schools Boarding Room & Lodging & Bed & Breakfast Residential - (1-4 Units) - First Unit - Each Additional Unit Multi -Units - Apartments: 1-4 Units - Over 4 Units, rate per unit Hotels /Motels - 1 -10 Units - Over 10 Units, rate per unit • Commercial & Industrial, < 1,000 sq. m. • For each additional 1,000 sq. m. • Care Occupancies cettaneotx General File Search Reproduce Existing Documents Security Key Boxes Fire Route Signs Fire Safety Plan Review and Approval - per submission Letters & Produce Incident Reports to Insurance LLBO Letters of Compliance Special Events (Approval Letter) Fireworks Displays (Approval Letter) Emergency Procedure Signs Fire Safety Boxes Carbon Monoxide Alarm Installation Fire Safety Lecture • Business - min. of 4 hours) - Per hour • Non - Profit Group Fire Extinguisher Training • Business - per employee • Non - Profit Group Supervision of Fire Drills • Business - per employee • Non - Profit Group 100.00 N/A 120.00 N/A 225.00 N/A 120.00 N/A 75.00 N/A 225.00 N/A 75.00 N/A 225.00 N/A 75.00 N/A 120.00 N/A 35.00 N/A 500.00 N/A 100.00 13.00 60.00 7.80 80.00 10.40 28.00 3.64 50.00 N/A 70.00 N/A 160.00 N/A 70.00 N/A 70.00 N/A 2.25 .29 120.00 15.60 35.40 4.60 100.00 120.00 225.00 120.00 75.00 225.00 75.00 225.00 75.00 120.00 35.00 500.00 113.00 67.80 90.40 31.64 50.00 70.00 168.00 70.00 70.00 2.54 135.60 40.00 50.00 N/A 50.00 No Charge 5.00 - 150.00 N/A 5.00 - 150.00 No Charge 55.00 55.00 No Charge .10 N/A .10 Plan Examinations, per $1 of permit value .10 N/A .10 Zoning Amendments, per $1 of application fee .10 N/A .10 Site Plan Review, per $1 of application fee .10 N/A .10 Committee of Adjustments, per $1 of application fee .10 N/A .10 Subdivision Plans, per $1 of application fee 55.00 N/A 55.00 Municipal Licencing on Site Inspection 28.00 N/A 28.00 Municipal Licencing Fire Safety Checklist Review Non - Resident Motor Vehicle Response 350.00 N/A 350.00 • per apparatus for first hour or part thereof 175.00 N/A 175.00 • per piece of equipment for each additional half -hour or part thereof Second Response for Open Air Burning 350.00 N/A 350.00 • per apparatus for the first hour or part thereof 175.00 N/A 175.00 • per apparatus of equipment for each additional half hour or part thereof 100.00 N/A 100.00 Re- inspection Fee for outstanding violations for the second and each subsequent re- inspection Existing Facility - 5000 USWG or less New /Modified Facility - 5000 USWG or less Existing Facility - More than 5000 USWG New /Modified Facility - More than 5000 USWG quipment First Two Alarms, written warning after 2 "° alarm Third Alarm Fourth Alarm Fifth Alarm Note: Each subsequent false alarm will result in the set fine of $800.00 with no limit. 250.00 N/A 250.00 500.00 N/A 500.00 1,250.00 N/A 1,250.00 2,500.00 N/A 2,500.00 atat No Charge 300.00 N/A 400.00 N/A 800.00 N/A Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00. 300.00 400.00 800.00 Niagarar'a /ls Recreation & Culture Note: Commercial Groups /Community Groups Non - Profit: • Prime Hrs. are Monday - Friday 5:00 p.m. - 11:00 p.m., Saturday - Sunday 7:00 a.m. - close • Non -Prime Hours are Monday - Friday 7:00 a.m. - 5:00 p.m. & 11:00 p.m. - 12:00 a.m. • Statutory Holidays are charged at prime rates. • Summer Ice Rates are applicable from May 1' through Aug. 31. • Exact dates of opening and closing to be determined each year. • Arenas, playing fields and MacBain Community Centre rentals Fall/Winter (effective Sept. 3, 2012 to Apr. 30, 2013) Adult Ice Rental • Prime Time • Non -Prime Time Youth Ice Rental • Prime Time (Resident) • Prime Time (Non- Resident) • Non -Prime Time Youth Tournament Prime Time (non- tenant) Education Rate (all elementary schools) Floor Rental • Adult • Youth • Non - Resident Spring / Summer (effective May 1, 2013 to Sept. 1, 2013) All Users • Prime Time • Non -Prime Time • Last minute Prime Time Summer Tenant Groups • Prime Time • Non -Prime Time Youth Tournament Prime Time (non- tenant) Education Rate (all elementary schools) 20.00 2.60 22.60 188.87 24.55 213.42 100.00 13.00 113.00 125.81 16.36 142.17 160.00 20.80 180.80 82.69 10.75 93.44 145.00 18.85 163.85 50.00 6.50 56.50 63.14 8.21 71.35 60.13 7.82 67.95 75.77 9.85 85.62 188.87 24.55 213.42 125.00 16.25 141.25 150.00 19.50 169.50 154.50 20.09 174.59 103.00 13.39 116.39 145.00 18.85 163.85 50.00 6.50 56.50 For Profit Rental Fees Multi- Purpose Room A Multi- Purpose Room D Multi- Purpose Room E Multi- Purpose Room D/E (Together) Community Board Room Coronation Programming Room Not For Profit Rental Fees 25.00 3.25 28.25 60.00 7.80 67.80 60.00 7.80 67.80 120.00 15.60 135.60 25.00 3.25 28.25 60.00 7.80 67.80 125.00 300.00 300.00 600.00 125.00 300.00 16.25 39.00 39.00 78.00 16.25 39.00 141.25 339.00 339.00 678.00 141.25 339.00 Multi- Purpose Room A 12.50 1.63 14.13 60.00 7.80 67.80 Multi- Purpose Room D/E (Together) 60.00 7.80 67.80 300.00 39.00 339.00 Multi- Purpose Room D 30.00 3.90 33.90 150.00 19.50 169.50 Multi- Purpose Room E 30.00 3.90 33.90 150.00 19.50 169.50 Coronation 30.00 3.90 33.90 150.00 19.50 169.50 -23- Memorial Room Not for Profit Community Group For Profit Commercial Use Birthday Parties - Per Booking Boardrooms Not for Profit Community Group For Profit Commercial Use Chippawa Community Room Per Booking 50.00 100.00 75.00 6.50 13.00 9.75 56.50 113.00 84.75 200.00 400.00 N/A N/A 25.00 3.25 28.25 125.00 75.00 9.75 84.75 Note: Per day is for an 8 hr. period. Special provisions for tournaments can be made through contract rental. 26.00 226.00 52.00 452.00 16.25 141.25 The Special Event Rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facility requirements that are requested. Organizations serving alcoholic beverages must comply with the City's Alcohol Risk Management Policy. Public Skatinj Adult (16 years and over) Child / Student (15 years and under) Family Pass (2 adults, 3 children) 30 Minutes 45 Minutes 60 Minutes Swim Team NOTE: All rates are per day rates. All rentals are from 12:01 a.m. to 11:59 p.m. Rates are the same for all facilities. eras Weekday Weekend Ice In Ice Out Commercial Groups Community Groups (Registered Non- Profit) 3.32 2.65 6.19 30.97 33.63 36.28 70.79 2,514.23 2,938.59 2,389.60 1,261.75 .43 .35 .81 4.03 4.37 4.72 9.21 3.75 3.00 7.00 35.00 38.00 41.00 80.00 al€ 326.85 2,841.08 382.02 3,320.61 310.65 2,700.25 164.03 1,425.78 Installation and removal of portable floor (per ice pad) ** Removal and re- installation of side glass ** Removal and re- installation of end glass (per end) ** Ushers /doormen (based on 2 or 3 hr. show, per 3,800 spectators)**" 3,000.00 2,800.00 3,000.00 1,600.00 390.00 364.00 390.00 208.00 3,390.00 3,164.00 3,390.00 1,808.00 Electrical services are extra. Rental must use the arena electrical contractor. First Aid medical services are extra and a responsibility of the rental. ** Where rentals work consecutively, City will portion installation and removals between different rentals. * ** Assumes staff required to work for maximum of 4 hours for any one show and facility filled to stands and floor capacity. City will negotiate rates roportional to established attendance. ArtiflctatTurf F Resident Minor/Youth Sport Organization Non - Resident Minor/Youth Sport Organization Resident Adult Not - For - Profit, Sport Organization Non - Resident Adult Not - For - Profit, Sport Organization Commercial, Private Clubs or For Profit Education rate Lighting (per four hour booking) Lighting (one hour) Youth per participant, includes practices, games and tournaments Senior per participant, includes practices, games and tournaments Adult per team (new), includes practices and games (tournaments not included) Track - Exclusive Use (Oakes Park) - per day A Category Playing Fields Resident youth Non - resident youth Resident adult Non - resident adult Com mercial B Category Playing Fields Resident youth Non - resident youth Resident adult Non - resident adult Commercial C Category Playing Fields Resident youth Non - resident youth Resident adult Tournament Day Rate (day = 10 hours /field) Resident youth Non - resident youth Resident adult Non - resident adult Com mercial 72.10 87.55 103.00 133.90 164.80 56.65 51.50 15.45 6.57 6.57 93.88 20.60 5.30 12.73 10.61 31.83 42.44 9.37 81.47 11.38 98.93 13.39 116.39 17.41 151.31 21.42 186.22 7.36 64.01 6.70 58.20 2.01 17.46 .85 .85 12.21 2.68 7.42 7.42 106.09 23.28 .69 5.99 1.66 14.39 1.38 11.99 4.14 35.97 5.52 47.96 4.24 .56 4.50 10.61 1.38 11.99 8.49 1.10 9.59 21.22 2.76 23.98 31.83 4.14 35.97 no charge 4.78 ..62 5.40 5.30 .69 5.99 26.52 74.57 26.52 127.31 254.62 3.45 9.70 3.45 16.55 33.10 29.97 84.27 29.97 143.86 287.72 per evening (4 hours) Two hours One hour 53.05 26.52 15.91 6.90 3.45 2.07 59.95 29.97 17.98 55¢ Program Drop In 80¢ Program Drop In $1.10 Drop In $2.15 Drop In $2.50 Reg Fit Class $3.50 Advanced Fit Class Bingo & Lunch - Member Bingo & Lunch - Non - Member Drop In Pass Yoga /Aqua per session Zumba per session Wellness Pass Tai Chi per month Computer Lessons Assessment & Program $2.50 Fit Class Pass $3.50 Fit Class Pass Membership Fee Resident Non - Resident Miscellaneous Newsletters Photocopies Advertising in Newsletter Bus. Card per issue Bus. Card per year 1/4 Page per issue 1/4 Page per year 1/2 Page per issue 1/2 Page per year Full Page per issue Full Page per year oom Rents-. Blue Room - Min. 4 hrs. (1/2 Day) Blue Room - Over 4 hrs. (Full Day) New Auditorium - Min. 4 hrs. (1/2 Day) New Auditorium - Over 4 hrs. (Full Day) Main Auditorium - Min. 4 hrs. (1/2 Day) Main Auditorium - Over 4 hrs. ( Full Day) Lower Auditorium - Min. 4 hrs. (1/2 Day) Lower Auditorium - Over 4 hrs. (Full Day) Room Set Up Charge Cancellation Fee .49 .71 .97 1.90 2.21 3.10 3.54 4.42 9.73 4.87 3.98 17.70 10.62 4.42 17.70 22.12 30.97 23.01 27.43 Fee .66 .13 15.00 80.00 20.00 110.00 35.00 200.00 60.00 300.00 25.00 40.00 50.00 75.00 75.00 100.00 50.00 75.00 25.00 20.00 .06 .09 .13 .25 .29 .40 .46 .58 1.27 .63 .52 2.30 1.38 .58 2.30 2.88 4.03 T 2.99 3.57 HST $ Total .55 .80 1.10 2.15 2.50 3.50 4.00 5.00 11.00 5.50 4.50 20.00 12.00 5.00 20.00 25.00 35.00 Total 26.00 31.00 .09 .02 HST 1.95 10.40 2.60 14.30 4.55 26.00 7.80 39.00 3.25 5.20 6.50 9.75 9.75 13.00 6.50 9.75 3.25 2.60 .75 15 Total 16.95 90.40 22.60 124.30 39.55 226.00 67.80 339.00 28.25 45.20 56.50 84.75 84.75 113.00 56.50 84.75 28.25 22.60 Niagaraaalls Adult (20 +) Student (6 -19 years old or with valid ID) Under 6 years old Family (up to 5 people - max. 3 adults) Admission by Donation School program (approx. 90 mins.) /student School - self guided tour / student 45 Minute Museum or Battlefield Experience (school) / student 45 Minute Museum or Battlefield Experience (group) / person 90 Minute Museum & Battlefield Experience (school) / student 90 Minute Museum & Battlefield Experience (group) / person Additional Tour of Battle Ground Hotel / person Drummond Hill Cemetery Tours / person Digital Copy (e- mailed) Image to disc Colour copy of image Photocopy (b & w) Additional charges apply to newly created data Individual Membership / year Family Membership / year Educational Kit rental / week Research Request / first hour Research Request - additional research / hour Theatre (per hour) Theatrre (Day) Use of audio - visual equipment (one time fee) Courtyard (per hour) Courtyard (per day) Research Room Cancellation Fee (one time fee) The Museum (per hour) Use of audio - visual equipment (one time fee) 4.42 3.54 Free 13.27 .58 .46 1.73 5.00 4.00 15.00 4.42 .58 5.00 1.77 .23 2.00 2.65 .35 3.00 4.42 .58 5.00 3.54 .46 4.00 7.08 .92 8.00 1.77 .23 2.00 10.62 1.38 12.00 8.85 1.15 10.00 13.27 1.73 15.00 2.65 .35 3.00 .17 .03 .20 13.27 1.73 15.00 22.12 2.88 25.00 8.85 1.15 10.00 Free 44.25 5.75 50.00 30.00 3.90 33.90 125.00 16.25 141.25 20.00 2.60 22.60 30.00 3.90 33.90 125.00 16.25 141.25 Free 20.00 2.60 22.60 150.00 19.50 169.50 20.00 2.60 22.60 Commercial Vehicle Loading Permit - Annually • First such motor vehicle • Second such motor vehicle - under same registered owner as the first permit • Each additional such motor vehicle under the same registered owner as the 1'' and 2"° permits. Oversize /Overweight Load Permit - Single Trip - Annually On- street Overnight Parking Permit - Annually Newspaper Box Permit - Annually On- Street & Off Street Parking Fees (per hour) Parking Meter Bagging (per meter per day) - minimum* *Actual lost revenue cost applies if bagged longer than 3 days. Residential On- Street Permit/Replacement Cost Parking Eats Municipal Par Lot 1 - per month Lot 2A - per month Lot 2A - for 4 hours flat rate Lot 3 - per month Lot 3 - for 4 hours flat rate Lot 4 $1.50 per hour Lot 4 - for 8 hours Lot 5 - per hour Lot 7 - per month Lot 8 - per month Lot 9 - per month Lot 9 - for 4 hours flat rate Lot 10A - per month Lot 10A - per hour Lot 11 - per hour Lot 15 - per month Lot 15 - per hour Lot 18 - per hour Lot 18 - for 8 hours Lot 19 - per month Lot 19 - for 4 hours flat rate Lot 20 - per hour Lot 20 - for 8 hours Parking Lot Permit Replacement Cost • 1 -15 days • 16 -31 days 50.00 6.50 56.50 10.00 1.30 11.30 5.00 .65 5.65 25.00 3.25 28.25 150.00 19.50 169.50 50.00 6.50 56.50 10.00 N/A 10.00 .44/.66/ .06/.10 .50/.75/ 1.33/7.08 .17/.92 1.50/8.00 10.00 1.30 11.30 10.00 1.30 25.00 30.00 1.77 30.00 1.77 1.33 8.85 1.33 30.00 30.00 30.00 1.77 30.00 .58 .44 45.00 .44 1.33 7.08 30.00 1.77 1.33 8.85 Full Cost of Lot Half Cost of Lot 3.25 3.90 .23 3.90 .23 .17 1.15 .17 3.90 3.90 3.90 .23 3.90 .07 .06 5.85 .06 .17 .92 3.90 .23 .17 1.15 11.30 vial 28.25 33.90 2.00 33.90 2.00 1.50 10.00 1.50 33.90 33.90 33.90 2.00 33.90 .65 .50 50.85 .50 1.50 8.00 33.90 2.00 1.50 10.00 Niagaraaalls Parked Overtime - Meter Zones Parked Facing Wrong Way Over 30 cm From Edge of Roadway Parked on a Boulevard Obstructing a Sidewalk Parked in a Taxi Stand Obstructing Lane or Driveway Parking within 20" of a Crosswalk Parking between 2:00 am - 6:00 am Parking in a Bus Stop Stopping in No Stopping Zone Parking Hwy Vehicle Overnight Obstruction Fire Lane Handicapped Parking Only Parking Control Photos Parking Infraction Record Information NSF Fees Court Conviction Costs ,MAtiinee> ng rforrtt k i a, y 8 Hour Intersection Traffic Count - per location 24 Hour Automatic Traffic Recorder (ATR) - per location Spot Speed Study - Radar Gun - per location 24 Hour Speed Study (ATR) - per location Motor Vehicle Collision Summary Report - per location Intersection Capacity Analysis - per location Traffic Signal Timing Plan Summary - per location Disabled Parking Sign Disabled Parking Tab ($300 Fine) 6 foot Telespar Post 24 Hour Automatic Traffic Recorder (ATR) - Season - appr. 150 locations 20.00 N/A 20.00 25.00 N/A 25.00 25.00 N/A 25.00 25.00 N/A 25.00 50.00 N/A 50.00 40.00 N/A 40.00 25.00 N/A 25.00 50.00 N/A 50.00 25.00 N/A 25.00 50.00 N/A 50.00 50.00 N/A 50.00 80.00 N/A 80.00 95.00 N/A 95.00 300.00 N/A 300.00 .50 N/A .50 5.00 N/A 5.00 35.00 N/A 35.00 16.00 N/A 16.00 200.00 26.00 226.00 75.00 9.75 84.75 50.00 6.50 56.50 100.00 13.00 113.00 50.00 6.50 56.50 100.00 13.00 113.00 50.00 6.50 56.50 15.00 1.95 16.95 10.00 1.30 11.30 17.25 2.24 19.49 1,000.00 130.00 1,130.00 Transportation Services Adult VIP - Senior - 65 & older Student - 13 to 19 yrs. 6 to 12 yrs. 5 and under Adult VIP - Senior - 65 & older Student - 13 to 19 yrs. Adult VIP - Senior - 65 & older Student - 13 to 19 yrs. igh School Semest Student Falls Shut 24 hour Ride Pass - includes 2 children 12 and under - Falls Shuttle & Regular Transit One -way adult One -way child - 6 to 12 yrs. 5 and under Bus Charter Bus Charter - per hour minimum charter time - 2 hours 2.50 2.25 2.25 1.25 Free N/A N/A N/A N/A 2.50 2.25 2.25 1.25 23.00 N/A 23.00 20.50 N/A 20.50 20.50 N/A 20.50 70.00 N/A 70.00 54.00 N/A 54.00 54.00 N/A 54.00 192 N/A 192 10.00 N/A 10.00 3.50 N/A 3.50 1.00 N/A 1.00 Free 100.00 13.00 113.00 Niagara,Fails Transportation Services ati Diesel Fuel #2 Clear Outside Wash Rear Bus Degrease Washroom Service Washroom Service includes interior Sweep Inside Mop Inside Park Outside - Regular - 337 Windshield Degrease & Scrub Labour - Straight Time Labour - Overtime Labour - Computer Diagnostics Road Service - Hourly Rate Road Service Mileage - Charge /km Road Service Bridge and Misc. Tolls (priced as required) Towing Charges (priced as required) AC Labour - Straight Time AC Labour - Overtime Battery Charge Market Value 29.00 3.77 32.77 7.75 1.01 8.76 29.00 3.77 32.77 39.50 5.14 44.64 18.50 2.41 20.91 18.50 2.41 20.91 15.00 1.95 16.95 7.75 1.01 8.76 110.00 14.30 124.30 125.00 16.25 141.25 125.00 16.25 141.25 145.00 18.85 163.85 1.05 .14 1.19 Market Value Market Value 115.00 14.95 129.95 130.00 16.90 146.90 25.00 3.25 28.25 Notes -32- Niagaraaa1ls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 www.niagarafalls.ca CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the payment of $2,823,359.21 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning November 8, 2012 to November 21, 2012. Passed this eleventh day of December 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012 CITY OF NIAGARA FALLS 13y -law No. 2012 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11`h day of December, 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 11 th day of December, 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 eleventh day of December, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: December 11, 2012 December 11, 2012 December 11, 2012