The URL can be used to link to this page

2003/03/03REGULAR COUNCIL MEETING Monday, March 3, 2003 Order ~f Business and Agenda Package REGULAR MEETING March 3. 2003 PRAYER: Alderman Ken Feren ADOPTION OF MINUTES: Planning/Regular Meeting of February 17, 2003 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS PRESENTA~ONS Ontario Weiqht Liftinq Championships His Worship Mayor Thomson will make a presentation to Jason MacLean, the City's new Health & Wellness Coordinator, who placed First at the Ontario Weight Lifting Championships at the University of Toronto on February 8, 2003. DEPUTA~ONS Canadian Cancer Society Sara Snyder, Skylon Stair Climb for Cancer Committee wishes to address Council on the Stair Climb for Cancer event to take place at the Skylon Tower, on April 5, 2003. -2- Opportunities for Volunteers at the Library Mr. Joe Longo, Niagara Fells Public Library wishes to address Council on career opportunities for volunteers at the Library. - AND - Report from the Niagara Falls Public Library COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Niagara Falls Minor Hockey Association - Re: Approval to use the rink boards for advertising, requesting Council approval to use the rink boards at Stamford Arena for advertisements from local businesses. RECOMMENDATION: For the consideration of Council. 2. Canadian Red Cross, Niagara Area Branches. Re: Proclamation - requesting that Council proclaim the month of March, 2003 as "Red Cross Month" in Niagara Falls and request the flying of the Red Cress flag during the month of March. RECOMMENDATION: That the request be approved subject to established policy. Niagara Falls Ilumination Board - Re: Request for Increase in Funding - requesting Council's favourable consideration to an increase of fees from $30,550 Canadian to $34,550 Canadian. RECOMMENDATION: For the consideration of Council. SMARTRISK Heroes - Re: Proclamation - requesting that Council proclaim the week of March 17~h to March 19th, 2003 as "Injury Prevention Days"in Niagara Falls. RECOMMENDATION: That the request be approved. REPORTS RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) COMMUNITY SERVICE MA TTERS 1. Chief Administrative Officer MW-2003-44, Parking Operating Budget. PLANNING MA TTERS 1. Chief Administrative Officer -3- PD-2003-25, Request for Removal of part Lot Control; Lots 8 to 12 (inclusive) and 23, Registered Plan 59M-92; Calaguiro Estates (Phase 2); Applicant: Kybala Ventures Inc. - AND - Correspondence from the Ontario Municipal Board. RATIFICATION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Klm Craitor, Chair) Chairperson, Municipal Parking & Traffic Committee MW-2003-43, Municipal Parking & Traffic Committee Recommendations - February 18, 2003 meeting. RATIFICATION OF ENVIRONMENTAL PLANNING & GREENING COMMITTEE ACTION-~ (Alderman Selina Volpatti, Chair) 1. Chair, Environmental Planning and Greening Committee R-2003-12, Actions Stemming from EP & G Meeting of February 19, 2003. CONSENTAGENDA 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW-2003-38 - Static Sewer Software Purchase; MW-2003-41 - Appointment of Consulting Engineer to Design The Murray Street Retaining Wall; MW-2003-42 - Flow Monitor Purchase; R-2003-13, Community Centre - Memorandum of Agreement; -4- CD-2003-05 - Services for the Disabled; CD-2003-06, Special Occasion Permit; L-2003-17 - Establish as a Public Highway; Part 3 on $9R-t t976; As part of Garner Road; L-2003-18 - Release of Agreement; Lot 5 on 59M-257 and Lot 56 on 59M-274; RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2003-42 To establish Part 3 on Reference Plan 59R-11976 as a public highway, to be known as and to form part of Garner Road. 2003-43 To authorize the execution of an Extension of Licence Agreement with 820872 Ontario Limited. 2OO3-44 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking P~ohibited, Limited Parking, Stopping Prohibited) 2003-45 To designate Lots 8,9,10,11, 12 and 23 on Registered Plan No. 59M-92 not to be subject to part lot control. (Re: Calaguiro Estates, Phase II) 2003-46 To amend By-law No. 79-200, to permit the development of a golf course on lands fronting onto Marine/and Parkway. (Re: AM-01/2003) 2003-47 (HANDOUT) To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: Miller Road Estates (North) draft plan of subdivision (Revised) and AM-17/2000) 2003-48 (HANDOUT) To amend By-law No. 395, 1966, as amended. (Re: Miller Road Estates (North) draft plan of subdivision (Revised) and AM- 17/2000) 2003-49 To authorize monies for General Purposes. -5- 2003-50 To adopt, ratify and confirrn the actions of City Council at its meeting held on the 3~ day of March, 2003. NEW BUSINESS Canadian Cancer ~' ~.~ Society Soci6t6 canadienne du cancer I, IDG, F~LL.. CLERk~., ,)~J i lc~- lbo.-, Niagara Unit 509 Glendale Avenue East, 3rd Floor Niagara-on-the-Lake, Ontario LOS I J0 Telephone: 905-684-6455 Facsimile: 905-684-8241 Dunnville: 905-774-2291 Grimsby: 905-945-0247 November 26, 2002 Mr. Dean lon'ida, City Clerk City of Niagara Falls 4310 Queen St. Niagara Fells, ON L2E 6X5 Dear Mr. Iorflda: On behalf of the Skylon Stair Climb for Cancer committee, I would like to request a place on the agenda of an upcoming City Council meeting during the month of February 2003. I have recently taken over my father's (Gary Hendershot) seat on the board of this committee and was informed that he usually made these arrangements. We would like to make a bdef (2-5 minute) presentation to members of Council outlining the Stair Climb event to take place at the Skylon Tower on Saturday, April 5, 2003. We hope to generate some publicity and excitement about the event via this opportunity. I can be reached at (905) 354-0243 or by e-mail at bsnyderl~,cogeco, ca with information regarding the date and time and any specific information. I look forward to hearing from you. Regards, Sara Snyder Skylon Stair Climb for Cancer Committee /SS For information about cancer, our services or to make a donation / Pour obtenir des informations st~r lc cancer, nos services ou pour faire un don 1-888-939-3333 · ~v.cancerca Charitable Organization No. 11882 9803 RR0006 niagara falls publio library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 ]) 2) 3) 4) 5) 6) February 7, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: Opportunities for Volunteers at the Niagara Falls Public Library RECOMMENDATION: It is recommended that this report be received for the information of Council. BACKGROUND: At the Regular Council Meeting of February 3, 2003, a report was requested about opportunities for volunteers at the Niagara Falls Public Library. The Niagara Falls Public Library values effective volunteers and welcomes applications for volunteers to assist the Board and Staff. The following summarizes some of the opportunities for volunteers at the library: Apply to City Council to be a member of the Niagara Falls Public Library Board which is composed of volunteers appointed by City Council after every municipal election for a three year term~ The Board is responsible for library policy and other duties under the Public Libraries Act. Index the birth, death and marriage notices from the library's microfilm of the local newspaper for the Local History Collection. Sort and clean donated photographs for the Local History Collection. Assist at special events such as the annual count of people using the library and at some library programs held in the Rosborg Gallery and La Marsh Room. Assist with Saturday afternoon children's cratt programs and some seasonal children's programs. Check and straighten books on the shelves to ensure that they are in the proper alpha-numeric order for effective retrieval by the public. HAR 0 3 2003 niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 7) Clean plastic book covers, check the condition of videos, stamp books as discards for sale and photocopy materials. 8) Volunteer with community programs/services which use library facilities such as Literacy Link Niagara and the Community Volunteer Income Tax Program for low income earners. Anyone interested in these opportunities for volunteers can contact me for further information. The Library Board has submitted an application to the Ontario Ministry of Community, Family and Children's Services for an Early Years Challenge Fund Grant to conduct free outreach pre-school story programs for two to six year olds at various sites throughout Niagara Falls and to promote parenting resources and early years reading. Requested funding also includes outreach supplies, materials and equipment. The Ministry should make a decision in a few months. A sustainability component of this pilot project is to use volunteers. Preschool children's programs have been initially planned at the following sites in Niagara Falls: St. Ann Adult Learning Centre, Project Share, Niagara Regional Housing, Family & Children's Services Niagara, Adolescent's Family Support Services of Niagara, Boys & Girls Club, YMCA, YWCA, Dr. Fingland Regional Child Care Centre, Niagara Square Shopping Centre and at the Ontario Early Years Centre- Niagara Falls. Please contact me at any time if you have any questions or comments. Respectfully submitted: Joe Longo Chief Librarian c. Niagara Falls Public Library Board NIAGARA FALLS MINOR HOCKEY ASSOCIATION February 17, 2003 Mayor Thomson & Members of City Council As you are all aware, Niagara Falls Minor Hockey has endured some very trying times over the last 2 years. The loss of the concession stand, the retail store space, the restrictions put on our fundraising ability as well as the cost of protecting our Association's name has desecrated our surplus operating funds which was and is needed to operate the Association efficiently throughout each year. We would like to ask Your Worship and members of council for approval to permit Niagara Fails-Minor Hoekeyto obtain~adv~isement4 from local businesses forthe-rink ~rd.,at-Stamforcl Arena. ~Vhe Jr. B's and Jr. C's have benefited from the advertising revenue that the rink boards at Chippawa Arena and Niagara Falls Memorial Arena bring them. In order to keep registration costs competitive we must fred other means to bring revenue to our organization. With the Executive obtaining the sponsors, we feel this would be a viable solution to both the appearance of Stamford Arena and Niagara Falls Minor Hockey's operating budget. Yours sincerely, Butch Sacco, President 0 3 2_003_.... 6570 Frederica St. · Niagara Falls · Ontario · L2G 1C9 · Phone: 905-374-2613 ° Fax: 905-354-2828 nfmha @bellnet.ca Canadian Red Cross Croix-Rouge canadienne February 14, 2003, Mayor Wayne Thomson, City of Niagara Falls, 4310 Queen St., Niagara Falls, ON L2E 6X5 Dear Mayor Thomson: March is Red Cross Month and we are requesting that the City of Niagara Falls support our organization by announcing the attached proclamation at Council and flying the Red Cross flag for the month. For over 66 years, the Canadian Red Cross has been active in Niagara Falls. Our programs and services have changed over this period to reflect the changing needs of individuals in our community. Currently the Red Cross volunteers reach out to those in need by providing transportation services, abuse prevention education, first aid and personal preparedness training and so much more. The Red Cross appreciates the support that the City of Niagara Falls has provided to us over the years and we thank you for assisting us in recognizing March as Red Cross Month. Sincerely, Denise Stone Branch Manager Niagara Area Branches DS/ck Niagara Area Branches, 99 Merritt Street, St. Catharines, Ontario, Canada L2T1J7 Telephone: (905) 680-5001 Fax: (905) 680-5010 Charitable Registration Number - 119219814RR0001 Niagara Falls Illumination Board - E,,;tab#~PmY 19.2,5'- . '" 4741 q~een Street · Niagara Falls · Ontario · Canada · L2E 2M2 February 20, 2003 · His Wor~hip May6r Wayne Thomson and Members of the Municipal Council The City Of Niagara Falls, Ontario 4310 Queen Street P. O. Box 1023 Niagara Falls, ON L2E 6X5 Members: Re: Niagara Falls Illumination Board Request for Increase in' Funding The Niagara Falls !lluminafion Board is responsible for the nighUy illumination of Niagara Fails. This boaid is comprised of the following five organizations: The City of Niagara Falls, Ontado The Niagara Parks Commission Ontado Power Generation The City of Niagara Falls, New York New York State Office of Parks, Recreation and Historic PraservaUon These five organizations fund the board with equal annual grants/membership dues. The value Of · these dues has remained at an amount of $30,550 Canadian since 1991. The purpose of this letteris to request counc's favourab e cons deration to an increase of fees from $30,5.50 Canadian to $34,550 Canadian. This increase will assist in a multi,year program to replace aging power supply units. Respectfully submitted: Scott Whitwell Secreatry/Treasurer Supported By City of Nla~ Falls, New York · City of Niagara Falls, Onlado · The Niagara Parks Commission New York Slale Otflce of Parks, Recre~lon and Historical Preservation · Onlarto Power Genermlon January 28, 2003 Mayor Wayne Thomson The City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: SMARTRISK Heroes Presentation, March 17-19, 2003 at Sheraton Falls View Hotel Your Worship, It is my pleasure to announce the arrival of SMARTRISK Heroes in your community on March 17 to the 19th. I am requesting your support to ensure our program, wkich is designed to prevent injuries among young people, is as successful as possible. SMARTRISK Heroes is the flagship program of SMARTRISK, a national non- profit organization dedicated to reducing the number and severity of nnirxtentional injuries in Canada. Injuries kill more Canadians aged one to 44 than any other cause, including heart disease, cancer and AIDS. We know that traditional safety messages don't appeal to teenagers. Our award- winning presentation uses positive messages to get across to teens that it is their choice to take smart risks and prevent injuries. Survivors of traumatic injury speak candidly about the choices they made that led to thei~ injuries and offer positive ways to navigate risk: Buckle Up, Look First, Wear the Gear, Get Trained and Drive Sober. SMARTRISK Heroes has traveled across Canada rfi~y ~s m the last 10 years, msltmg more than 400 commumtms and logging mtJ~e th,~ 350 000 kilometres. More than one million Canadian youth have experie~t~RTRISK Heroes. The program ~s also m demand mtemaUonally, ha, g i i(¢d NASA's Johnson Space Center in Texas, England, Australia, Sweden and have told us SMARTRISK Heroes has transformed risk. SMARTRISK Heroes will be presented at the March 17 to the 1 /of the Farm Safety Association, and can be %8~3-5600 EET NIJAR 0 3 2003 You can support SMARTRISK Heroes in a number of ways: · Come to the show and experience the program first-hand. · Tell your colleagues about SMARTRISK Heroes and encourage them to attend and to speak out about the five important messages. (A summary is attached.) · Mention SMARTILISK Heroes and its messages in your speeches. · Proclaim a SMARTRISK, SMARTRISK Heroes, or Injury Prevention Day. · Declare The City of Niagara Fails a SMARTRISK community. · Encourage your citizens to Buckle Up, Look First, Wear the Gear, Get Trained, and Drive Sober. We know SMARTRISK Heroes will be a great success in your community. If there is anything we can do to assist you, please let us know. We can be reached at 1-888~537-7777. Or visit our Web site at www.smartrisk.ca for more information. Yours truly, tot oes irect Line kbrooks~smarttisk, ca Community Services Department A ,-,:~,, -, ~a~A ,, Municipal Works Th~ ~.y u, · , ll~t, _ 4310 Queen Street Niagara rolls ~lJ~. p O Box 1023 Cono~~ U;a~ara Falls, ON L2E 6X5 ~~ web site: ~.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi~ci~.niagarafalls.on.ca MW-2003-44 Ed Dujlovlc Director March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' MW-2003-44 2003 Parking Operating Budget RECOMMENDATION: It is recommended that the '2003 Parking Operating Budget', be endorsed and forwarded to the Council for approval. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of February 18, 2003, considered the matters noted and formulated the recommendation above. City Council's concurrence with the recommendation outlined in this report would be appreciated. K. Dren S:\TRAFFIC~REPORTS~2003~2003 Corporate ServicesLMW-2003-44~wpd Respectfully submitted by: Alderman Kim Craitor, Chairperson, Municipal Parking & Traffic Committee Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department MW-2003-33 The Cily of ~."agara Fall~ Jnada Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ed DuJlovlc, P. Eng. Director Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: m unwks@city.niagarafalls.on.ca February l8,2003 Alderman Kim Craitor, Chairperson and Members of the Municipal Parking and Traffic Committee, City of Niagara Fails, Ontario Members: RE: MW-2003-33 2003 Parking Operating Budget RECOMMENDATIONS: It is recommended that: 1) the '2003 Parking Operating', as presented by Staff, be endorsed and forwarded to the Corporate Services Committee for approval. BACKGROUND: The 2002 Parking Operating Budget, as a whole, continued to be self sustaining, with the net revenue forecasted, being higher than the budget projections. This increase is due mainly to the under expenditures in the Meters and Supplies category, where the purchase of new on-street pay and display machine technology was delayed. The revenues could have been higher, however, the operation continues to be impacted by increased competition with private parking lot owners and free parking in some of the Municipai Parking Lots. For 2003, the net revenue is projected to increase by over 57%. Much of the increase can be attributed to a reduction in equipment expenditures. The on-street parking operation continues to be the main source of revenue. Cash-in-lieu contributions have increased dramatically due to some recent developments in the cash-in-lieu areas. While, interest accrual from the reserve fund will be reduced by 50% due to a reduction in the reserve fund account (attributed to 2001 parking lot reconstruction). Expenditures will be drastically reduced in the Meters and Supplies area due to the re-allocation of the On-Street Pay and Display Equipment changeover program, to the Capital Works budget. However, in the Parking Lot Maintenance category, grants in lieu of taxes will increase, due to the fact that there have been several tax increases, yet the property amounts have not been adjusted since this ailocation began. February 18, 2003 -2- MW-2003-33 The Committee's concurrence with the recommendation outlined in this report would be appreciated. Recommended by: Karl Dren, C.E.T. Manager of Traffic & Parking Services Ed Dujlovic, P. Eng. Director of Municipal Works S:\TRAFFICSREPORTS~2003~obmaty 18~Iv~V2003-33.wpd City of Niagara Falls Department: Municipal Works 2003 Operating Budget Detail - Section Summary Section: Parking ACCT 2002 2002 2003 $ % NO. DESCRIPTION ACTUAL BUDGET BUDGET CHANGE CHANGE Revenues 839,535 873,310 848,000 (25,310) -2.9% Expenditures 656,838 763,139 672,000 (91,139) -11.9% Net Total 182,697 110,171 176,000 65,829 59.8% City of Niagara Falls Department: Municipal Works 2003 Operating Budget Detail - Revenue Summary Section: Parking PAGE 2 ACCT 2002 2002 2003 $ % NO. DESCRIPTION ACTUAL BUDGET BUDGET CHANGE CHANGE 1=001-4800-6901 Street Meters 505,185 500,000 510,000 10,000 2.0% P001-4800-6910 Lot Revenue 254,941 287,810 261,000 (26,810) -9.3% P001-4800-5500 Interest 22,222 50,000 25,000 (25,000) -50.0% P001-4800-5502 Exchange 20,505 . 16,000 16,000 0 0.0% P001-4800-5425 Permits 9,855 10,000 t0,000 0 0.0% P001-48(X}-6032 Parking Tokens 10 500 500 0 0.0% P001-4800-6034 Payments in Lieu of Space 26,180 8,500 25,000 16,500 194.1% P001-4800-1531 Disabled Parking Signs 636 500 500 0 0.0% Net Revenue Total 839,535 873,310 848,000 (25,310) -2.9% City of Niagara Falls Municipal Works Department Budget Detail - Revenue from Parking Lots PAGE 3 Act~ 2002 2002 2003 $ Change % Change Number Activity Description Actual Budget Budget P001-4800-6921 Lot ~1 (Park and Zimmerman) 6,346 5,640 6,500 860 15.2% P001-4800-6910 Lot #2A (Park and Erie) _. 6,952 12,468 7,000 (5,468 P001-4800-6911 Lot ~2B (Park and EHe) 527 1,000 1,000 0 0.0% P001-4800-6922 Lot#3 (Park and St. Clair) 16,394 13,000 17,000 4,000 30.8% P001-4800-6912 Lot #-4 (Ellen Ave.) 113,518 110,000 115,000 5,000 4.5% P001-4800-6913 Lot #5 ( College/Palmer) 9,051 8,000 9,000 1,000 _. 12.5% P001-4800-6915 Lot ffl' (Huron and Ontario) 6,866 10,350 7,000 (3,35{} ~32.4% P001-4800-6916 Lot #8 (Huron and St. Clair) 4,094 5,382 4,000 (1,3821 -25.7% P001-4800-6923 Lot #9 (Huron and St. Lawrence) 2,721 10,350 3,000 (7,35{} -71.0% P001-4800-6917 Lot #10 (Park and Crysler) 18,614 33,120 __ 20,000 __ (13,12{~ -39.6% P001-4800-6918 Lot #11 (Chippawa Library) 706 500 1,000 500 100.0% P001-4800-6926 Lot f~12 (SyMa Place) 0 0 0 0 0.0% P001-4800-6927 Lot #13 (Main SL) 0 0 0 0 0.0% P001-4800-6928 Lot#'14(Lundy's Lane) 0 0 0 0 - 0.0% P001-4800-6929 Lot #15 (McGmil) 3,158 2,500 3,500 1,000 40.0% P001-4800-6919 Lot #16 (Niagara Falls Arena) 12,292 15,000 13,000 (2,000) -13.3% P001-4800-6924 Lot #18 (Kitchener and Victoria) 43,945 50,000 44,000 (6,000) -12.0% P001-4800-6925 Lot #19 (City Hall) 9,759 10,500 10,000 (500) --4.8% Total 254,941 287,810 261,000L (26,810 -9.3% City of Niagara Falls Department: Municipal Works 2003 Operating Budget Detail - Expenditure Summary Section: Parking PAGE 4 ACCT 2002 2002 2003 $ % NO. DESCRIPTION ACTUAL BUDGET BUDGET CHANGE CHANGE 1001 Salaries 249,050 276,539 273,000 (3,539) -1.3% 2601 Vehicle Operation 15,871 20,000 17,000 (3,000) -15.0% 1530 Meters and Supplies 155,611 200,000 107,500 (92,500) -46.3% 1500 Lot Maintenance 123,646 150,500 ~159,500 9,000 6.0% 1530 Cash-in-lieu Land Value update 3,000 3,000 3,000 0 0.0% P001-4800-1151 PST Expenses 58,485 60,320 60,000 (320) -0.5% P001-4800-1152 GST Expenses 51,175 52,780 52,000 (780) -1.5% Net Spending Total 656,838 763,139 672,000 (91,139) -11.9% City of Niagara Falls Municipal Works Department Budget Detail - Salaries & Benefits PAGE 5 Activity I 2002 I 2003 I $Change 1%Change Number Activity Description Budget Budget STAFF P001-4800-1001 1 Meter Collector/Repairer 40,431 4i~-846 1,415~ 3.~ Maintenance Pemor~..abourer _ 32,782 33,929 1,147 3.5% Parking and Traffic Manager (50%) 33,218 34,381 1,163 3.5% Traffic Supervisor (25%) 29,098 16,899 (12,199 -41.9% Parking Services Technician 37,086 38,378 1,298 3.5% _ _ Parking Money Pmce. ssor 10,000 10,350 350 3.5% Parking Services Clerk/Reception (50%) 16,391 16,965 574 3.5% _ Traffic Technician (50%) 21,855 22,620 765 3.5% Jr. Traffic Operations Technician (50%) 17,484 18,096 612 3.5% P001'4800'1110 Benefits I 38,200 _ 39,537 1,337 3.5% Total 276,539 273,609 (3,539', -1.3% City of Niagara Falls Municipal Works Department Budget Detail - Vehicle Operation PAGE 6 Number Ac'dvity Description Budget Budget P001-4800-2601 Parking Meter Van ~194 6,000 4,500 (1,500 --25.0% Parking Pickup Truck #'161 6,000 4,S00 (1,500 -25.0% Parking & Traffic Studies Van #133 4,000 4,000 0 0.0% Parking Services Van #18 4,000 4,000 0 0.0% Total 20,000 17,000 (3,000 ~15.0% City of Niagara Falls Municipal Works Department Budget Detail - Meters & Supplies PAGE 7 Number Activity Description Budget B,,d=et P001-4800-1530 Meter & Machine Parts & Repairs 10,000 10,000 -0 0.0% Coin Collecting/Sorting/Repair 5,000 5,000 0 0.0%' New Meter Locks 5,000 5,000 0 0.0% New Meter Housings 0 O 0 0.0% New Mechanisms 0 20,000 20,000 100.0% Capital Works On Street Pay & Display Machines 100,000 0 (I00,000 -100.0% Markings - Parking Stalls 20,000 20,000 0 0.0% Miscellaneous & Contingencies 4,000 4,000 0 0.0% Tmining/Worksho ps/Conferences 4,000 4,000 0 0.0% Meter Posts 5,000 5,000 0 0.0% Parking Permit Software 5,000 5,000 0 0.0% P & D Machine Software Upgrade 20,000 20,000 0 0.0% Computer Upgrades &Sottware 5,000 5,000 0 0.0% Office Fumiture and Renovations 15,000 2,500 (12,500 -83.3% P001-4800-1201 'Mileage 2,000 2,000 0 0.0% Total 200,000 107,500 (92,500] - -,-46,3% City of Niagara Falls PAGE 8 Municipal Works Department )etail - Parking Lot Maintenance (Snowplowing, New Equipment, Minor Repair and Grants in lieu of Taxes) Activity ~-' 2002 2002 2O03 $ change % Change Number~ AclNi[y Description Actual Budget Budget over 1999 over 1999 P00'1-480~-1501 Lot t~t2A (Market BIm~k) 4,138 2,000 ~,000 0 0.0% Taxes 3,000 3,000 4,000 1,000 33.3% ~01 ..4800-1503 Lot ~ {Park & St. Clair) 4,029 $,000 6,000 01 0.0% laxes 3,000 3,000 4,000 ~001~180~-1505 LOt ~ ~Coll~la/~aln~r} 2,'191 1,500 ~,500 0 0.0% P001-4800-1507 lot ~ (Huron and Ontario) 3,802 4,000 4,000 0 0.0% Taxes 3,000 3,000 4,009 1 000 0.0% P001--4800-1500 Lot ~t0 {Huron @ St. I.~a~n~) 5,195 5,500 5,,~0 0 0.0% T~* 3,000 3,000 4,000 ~ ,000 0.0% ~001-.~100-1511 kot #11 (Chi~m~we Ubmry) 1,$g9 2,000 ~,000 0 0.0%' Taxes 2,000 2,000 3,000 1,000 0.0% P001..4800-1513 Lot #13 (Main St.) 1,722 3,000 3,000 0 0.0%i Taxes 3,000 3,000 4,000 1,000 0.0% 13001-4800-1515 Lot #15 (McOrail Avenue) 1,709 3,500 3,500 0 0.0% Taxes 2,000 2,000 3,000 1,000 0.0% P001-4800-1517 i Lot #17 (Stanley & Murray) Leased to Casino 2,649 0 0 0 -100.0% P001-4800-1519 Lot #19 (City Hall) 5,126 5,000 _ 5,000 0 0.0% Taxes 5,000 5,000 __6,500 .... 1,500 30.0% Total Lot Maintenance 67,646 94,500 84,500 Total Grant in lieu of Taxes 56,000 56,000 75,000 Total 123,646 150,500 159,500 9,000 .... Corporate Services Department PD-2003-25 . J/a Planning & Development The City of IJ' l 4310 Queen Street Niagara Falls P.O. Box 1023 I web site: www.city.niag arafalls .on.ca ~ Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re~ PD-2003-25, Request for Removal of Part Lot Control Lots 8 to 12 (Inclusive) and 23, Registered Plan 59M-92 Calaguiro Estates (Phase 2) Applicant: Kybala Ventures Inc. RECOMMENDATION: It is recommended that: 1) Council approve the request and pass the by-law to designate Lots 8 to 12 (inclusive) and 23, Registered Plan 59M-92, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds as described in this report have been registered. BACKGROUND: In a letter dated February 20, 2003, the applicant's solicitor submitted a request to remove properties on the north and south side of Domenic Crescent and the northwest side of Catharine Crescent from Part Lot Control (see attached letter and location map - Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi-detached or on-street townhouse units. The subject land is within the Calaguiro Estates plan of subdivision which was registered in 1981. The construction of dwellings in the first phase of the plan (January Drive and Carmella Place) was completed several years ago. The majority of the undeveloped portion of the subdivision (Phase 2) is to be built with no changes to the original layout. A section of the plan is proposed to be relotted for slightly smaller estate-sized lots in combination with surplus City parkland that was sold to the developer and a redesigned stormwater management area. The attached extract from Reference Plan 59R- 11579 (Schedule 2) illustrates the proposed configuration in this area which includes the subject land (shown shaded). Overall, the revisions result in an additional six lots in the plan. Approval of the Part Lot Control by-law is required so that new property lines can legally be created on the identified lots. Working Together to Serve Our Community Clerks Finance Human Resoumes Information Systems · Legal Planning & Development March 3, 2003 - 2 - PD-2003-25 The developer submitted a rezoning application (AM-09/2001) for reductions to the lot frontage and lot area requirements in the relotted section of the subdivision, and also to impose greater zoning standards (i.e. sideyard setbacks, two-vehicle garages, minimum dwelling floor area) in the entire plan to better reflect the estate residential development. Council adopted amending By-law 2001- 134 for these requested zoning changes in July 2001. This by-law was appealed by CN Rail, in part, due to concems regarding residential developments abutting railway lines and new standards that were not addressed in the original 1981 subdivision agreement. The applicant and City staff have been working with CN Rail over the past one and a half years to resolve the appeal. A revised subdivision agreement was registered in July 2002 to address all City requirements and includes current CN Rail conditions for safety and noise/vibration mitigation. The developer has also entered into a separate agreement with CN Rail. The Ontario Municipal Board formally notified the City last week that CN Rail has withdrawn the zoning appeal. Therefore, the new Residential Single Family (R1A) zoning regulations of By-law 2001-134 are now in force. The proposed reconfigured lots with reduced frontage and lot area comply with the new minimum zoning standards and the Part Lot Control by-law can be passed. CONCLUSION: The removal of Part Lot Control will permit the division of the subject land which will be combined with abutting property in the plan. The development has proceeded through various public approvals under the Planning Act and Municipal Act. The use of the Part Lot Control mechanism is acceptable in this case. Staff confirmed with the developer's solicitor that approval is not needed for Lot 3 that was altered to accommodate a municipal sewage pumping station. If Council approves the recommendation of this report, the by-law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda. The registration of this by-law is required forthwith to allow the completion of sales scheduled to close on March 7, 2003. Richard Wilson Planner 2 Jo~Maespectfully submitted: / cDona ~' Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:~PDR~2003h°D2003-25 Part Lot Control, Calaguiro Estates (Phase 2).wpd SCHEDULE 1 Removal of Part Lot Control Calaguiro Estates (Phase 2) Lots 8 to 12 (inclusive) and 23, Registered Plan 59M-92 Location Map Subject Land 1 :NTSI DOME~iC PART LOT 5 CANADIAN PART / / / / TOWNSH!p OF NATIONAL STA~.~FORD R ML ~FA ¥ 35 PART 22 ~ PART 18 PART 17 ~/'i Ontario Municipal Board 655 Bay St Suite 1500 Toronto, ON MSG Fax (416) 326-,5370 v,-ww, ornb.gov.on.ca Commission des affaires munidpales de r0ntario 855 rue Bay Bureau t500 Toron~, ON M5G 1E5 Tel (416) 326-6800 VIA FACSI'Mn'.E & B.EGUEA_R ~ I'tI P~ F~LLS CLERKS '0~ 02~? i0'~6 P. 0~ Ontario February2?,2003 Dean lorfida, Clerk City of Niagara Falls 4310 Queen Street P.O, Box 1023 Niagara Falls, Ohm-lo L2E 6X5 Dear Mr, Iorfida: RE: OMB Case No. PL010773 OMB File No. R010169 By-law No. 2001-134 Application by Kybala Ventures Inc. Appeal by Canadian National Railway (CN Rail) City of Niagara Falls Subsection 34~23.1) of the Planning Act provides: (23.1) If all appeal, to the Municipal Board under subsection (19) are withdrawn and the time for appealing has expired, the secretary of the Board shall notify the clerk of the municipality and the decision of the council is final and binding. I am writing to advise that thc appeal by Canadian National Railway (CN Rail) was withdrawn by letter dated February 19, 2003. There are no outstanding appeals in this matte~, and ou~ file is closed. Yom-s truly, Jeanne Hayes Acting Se~xetary Thomas R. Hollick, Clerk, Regional Municipality of Niagara Corwin Cambray, Director of Planning and Development, Regional Municipality of Niagara Douglas Darbyson, Director of Planning and Development, City of Niagara Falls Richard Wilson, Planner, City of Niagara Falls Geoff Woods, Development Review Coordinator, CN Rail Michael J, Hackl, Solicitor, Papazian Heisey Myers, Bamsters & Solicitors John Conlin, Senior Project Manager, Azurix North America Eng/neering Corp. TOTRL P.82 The C:ily of lfjl Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 5X5 wsb sits: www.city.niagarafa}ls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 ed~lovi@ci~.niagarafalls.on.ca MW-2003.43 Ed DuJlovlc Dirsctor His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: March 3, 2003 Re.' MW-2003-43 Municipal Parking & Traffic Committee Recommendations - February 18, 2003 Meeting RECOMMENDATIONS: l) By-law 89-2000 Updates It is recommended that the updates to By-law 89-2000 appearing later on tonight's agenda be approved. MW-2003-03 - Temperance Avenue Parking Review It is recommended that the existing parking restriction on the east side of Temperance Avenue at North Street be extended 15 metres southerly. 2) 3) MW-2003-23 - Dyson Avenue - Parking Review It is recommended that: 1. parking be restricted at all times on the east side of Dyson Avenue from Ferguson Street to a point 60 metres south of Ferguson Street; and, 2. comer "no parking" restrictions be implemented on both sides of Ferguson Street from Dyson Avenue to a point 20 metres west of Dyson Avenue. Working Together to Serve Our CommuniO~ Municipal Works · Fire Services · Pa/ks, Recreation & Co/tom · Business Development · Building & By-Law Services March 3, 2003 - 2 - MW-2003-43 BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of February 18, 2003, considered the matters noted and formulated the recommendations above. City Council's concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: ./~f Alderman Kim Craitor, Chairperson, Municipal Parking & Traffic Committee K. Dren S 5TRAFFIC~,EPORTS~2003~2003 CorrectlY,MW-20034 3.w~d ]'he City of I - Community Services Department Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tek: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city, niagarafalls.on.ca R-2003-12 Adele Director March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2003-12 Actions Stemming from the Environmental Planning & Greening Committee Meeting of February 19, 2003 RECOMMENDATION: It is recommended that Council endorse the actions of the February 19, 2003 meeting of the Environmental Planning & Greening Committee. BACKGROUND: The Environmental Planning & Greening Committee dealt with a number of items in their recent meeting and wish to highlight the following items requiring Council's endorsement. 1. Communities In Bloom Each year, the City of Niagara Falls is invited to participate in the Communities In Bloom Program. Communities In Bloom is a Canadian beautification program that provides information, education and awards for achievement in floral displays, landscapes, turf, urban forestry, community involvement, heritage conservation, environmental awareness and tidiness. Since 1995, both expected and unexpected benefits have been felt by communities participating in the program. Listed below are a few of the many benefits: '"'*Increase in civic pride and community involvement; "'*Participation from all ages and all walks of life; "'*Citizens, groups, organizations, business and municipal government all mobilized, and pulling together; Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 3, 2003 -2- R-2003-12 ""*Year round project, not just one event; "'*Process of continuous improvement for the whole community, year after year; "'*Economic development; "'*Increased property values; '"'*Marketing and promotional potential; "'*Increased tourism; "'"Increased impact on the hospitality industry; "'*Increased impact on the retail industry. The Committee discussed the numerous benefits of participating in the Communities In Bloom Program. With Council's endorsement, the Committee will proceed in hosting a public meeting to organize a volunteer base to coordinate the City's involvement in this program. The Environmental Planning & Greening Committee made a motion that the City of Niagara Falls take part in the Communities In Bloom Program as part of the centennial celebrations for the City in 2004, and that the Committee be granted a starting budget of $1000. 2. R-2003-11 Earth Day, Arbor Week, Operation Clean Sweep and Environment Week Each year the Environmental Planning and Greening Committee encourages environmental education and promotes various activities during Earth Day, Arbor Week, Operation Clean Sweep and Environment Week. Arbor Day will be celebrated at the Lundy's Lane Battlefield (former Holman Property) on Friday, April 25, 2003, with students from Stamford Collegiate. Report 2003- 11 Earth Day, Arbor Week, Operation Clean Sweep and Environment Week is attached. The Environmental Planning and Committee made a motion to endorse Report R-2003-11. 3. PD-2003-20 Woodlot Cutting The Environmental Planning and Greening Committee directed staff to report on the issue of developers proceeding with tree cutting before site plans and subdivisions are approved. In the attached report, the Committee was apprised of the existing planning framework, in the City's Official Plan, which encourages the preservation of woodlots to the greatest extent possible. The Committee was also apprised of the two main issues when dealing with woodlot protection: regulating the cutting of trees through legislation and encouraging woodlot protection through the planning process. After discussion on this issue, the Committee made a motion that the Environmental Planning and Greening Committee take a role in the following matters: the development of policies and guidelines for woodlot protection; and that they provide input to City staff and Council on significant woodlot issues related to specific developments. The Environmental Planning and Greening Committee was apprised of a wooded area within the proposed Slo-Pitch development, behind the Chippawa Arena. City staff gave an update on the proposed development. March 3, 2003 - 3 - R-2003-12 The Environmental Planning and Greening Committee motioned to support the removal of the wooded area, at the Chippawa Recreation Complex, conditional upon protecting as many trees as possible outside the ball diamonds and a provision for reforestation. 4. Five Corners Beautification Program The Environmental Planning and Greening Committee directed City staff to report on the development of the Five Comers Beautification. There are five properties being considered within this beautification program: Thorold Stone Mall, Scotia Bank Plaza, Southwest Deli Plaza, Hakim Property and the Vision Clinic. The property owners of the Thorold Stone Mall will proceed under a site plan agreement. Regarding the beautification of the other four sites, it was suggested by one of the property owners that the City enter into a lease agreement. The Committee discussed this issue and felt that a lease agreement with a cost sharing option would be beneficial for all parties involved, including the City. The Environmental Planning and Greening Committee recommends to City Council that the City enter into a lease and cost sharing concept with the property owners for the development and maintenance of the Five Corners Beautification Development. Council's endorsement of the above would be appreciated. LA/das Attachments Respectfully submitted: Alderman Selina Volpatti, Chair Environmental Planning & Greening Committee S:\Council\Counci12003LR-2003-12 Actions from EP&G February 19, 2003.wpd Community Services Department m~'*~, Parks, Recreation & Culture ]'he Cily of Niogaro Fo,slJ 7565Lundy's Lane CQn~~,. Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca ~ I -- Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city, niagarafalls.on,ca R-2003-11 Adele Kon Director February l9,2003 Alderman Selina Volpatti, Chairperson, and Members of the Environmental Planning and Greening Committee, City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: 1. R-2003-11 Earth Day, Arbor Week, Operation Clean Sweep and Environment Week Committee support the proclamation of Earth Day, Arbor Week, Operation Clean Sweep and Environment Week; 2. The proclamations be endorsed by Council; and 3. The proclamations be placed in the' local newspaper to raise public awareness and participation. BACKGROUND: Every year the Environmental Planning and Greening Committee encourages environmental education and promotes various activities during Earth Day, Arbor Week, Operation Clean Sweep and Environment Week. The dates of the environmental events are as follows: Earth Day - April 25, 2003 World Earth Day will be celebrated on April 25, 2003. Arbor Week - April 27 to May 11, 2003 This year, as part of Arbor Week, there are plans for tree planting on Friday, April 25, 2003, at the Lundy's Lane Battlefield (former Holman Property). The horticultural students from Stamford High School will be participating this year. }Forking Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development - 2 - R-2003-11 Operation Clean Sweep = May 1 to May 31, 2003 During the month of May, area schools and businesses are encouraged to carry our general clean up of their properties. The City has garbage bags available, on request, from Pitch In Canada. EnvirOnment Week - June 1 to June 8, 2003 The City's Environmental Planning and Greening Committee has in the past provided assistance to various groups for Environment Week celebrations. Each year during this week, City Council also recognizes the recipient of the City's Environmem Award. CONCLUSION: The promotion and encouragement of participation in various environmental activities planned in the upcoming spring and summer will increase awareness, and encourage citizens of Niagara Falls to take an interest in protecting and enhancing the environment. LA: Respectfully Submitted: ~ Adele Kon (Ms.), Director of Parks, Recreation & Culture Niagara Falls I- Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city, niagarafalls.on.ca PD-2003-20 Doug Darbyson Director February 19, 2003 Alderman Selina Volpatfi, Chairperson and Members of the Environmental Planning & Greening Committee City of Niagara Falls, Ontario Members: Re: PD-2003-20, Woodier Cutting RECOMMENDATION: It is recommended that the Committee receive this report and direct staffof any further actions it wishes to take with respect to protecting significant woodlots. BACKGROUND: At the EP&G meeting January 15, 2003, staff provided a verbal report on the clear cutting of trees on a property on Oakwood Drive, just north of McLeod Road across from the Millennium Trail. Staff indicated ttdt the tree cutting took place on the site prior to any formal dialogue regarding a site plan for the proposed development. Staff was directed to report back to the Committee on the issue of developers proceeding with tree cutting before site plans are approved. For the Committee's information, the property contained a treed site of 0.9 ha in size, and was ranked 105~ overall in the City's Urban Wooded and Treed Inventory and Assessment Study, and was the 23a ranked treed site. Existing Plannin~ Framework The City's official Plan contains policies which encourage the preservation of woodlots to the greatest extent possible. The City prepared an Urban Woodlot Inventory to guide the review of development applications. Sites are divided into treed sites (less than 2.5 ac.) and wooded sites (greater than 2.5 ac.). Applications for development are to be accompanied by a tree study and tree saving plan. HoweYer, the plans in themselves do not guarantee protection of wooded areas. At best staff tries to achieve a balance between development and woodlot preservation. The Issue of Urban Woodlot Cutting and Preservation There are two main processes when dealing with woodlot protection. One process involves regulating the cutting of trees through legislation, while the other involves the encouragement of some form of woodlot protection through the planning process. Working Together to Serve Our Community Clerks · Finance · Human Resoumes · Infommtion Systems · Legal Planning & Development February 19, 2003 - 2 - PD-2003-20 ~ Regulatory Process Controlling the cutting of trees through regulatory legislation involves a municipal tree by-law. Currently, the City does not have a tree cutting by-law. The City relies on the Regional Tree Cutting By-law. Under this by-law, where development is proposed within an urban area on a woodlot of 0.5 acres or larger, tree cutting would not be permitted until a tree saving plan was approved by the Region. Tree cutting does occur, at times, without apermit. On those occasions, the Region relies on complaints to identify those in violation of the by-law. The Region has pursued legal action for infractions to the by-law, but often convictions are difficult to achieve and/or result in low financial penalties to the instigator. Some cases are settled out of court. Therefore, enforcement of the by-law has resulted in mixed success. The City could pass its own tree cutting by-law but faces the same difficulties of enforcement and conviction. Another regulatory piece of legislation related to woodlot protection is the Site Alteration By-law. Currently, the Municipal Works Division, in consultation with Legal Services and Planning and Development, is drafting such a by-law. The by-law is being developed to control the removal or dumping of fill at a development site. Once the by-law is in place a Site Alteration Permit application will be needed. If the site is treed or wooded, the applicant must receive written confirmation from the Region that the proposal complies with the Region's tree cutting by-law. Both of the aforementioned regulatory tools depend on several factors for success, namely: vigilant enforcement; political will to pursue litigation in cases of non-compliance; litigation success; and educating the public and development community regarding tree cutting regulations. It should be noted, while these regulatory requirements may act as a deterrent to tree cutting, they cannot prevent trees from being illegally cut down. Planning Process The City has had mixed success with respect to woodlot protection through the planning process. Applications for reZoning of sites involving woodlots are to be accompanied by tree saving and/or woodlot management plans. Similarly, proposals for subdivision development, where a woodlot is identified, the developer is required to car~ out a more detailed inventory and a tree saving plan. However, the City's Parks, Recreation and Culture Division is on record as having advised the EP&G Committee that this requirement has met with little success. Although there have been reports submitted, the result is few trees have been protected. Also, there have been instances where the tree inventorywas prepared after the removal of most of the trees; or, reports stating that the trees were of no value and therefore no tree saving plan was necessary; and finally, no report submitted because the grades were changed necessitating the removal of all the trees. The inability to demand full compliance with the conditions of the tree plan is one of the main factors as to why the integration of valuable trees in subdivision plans does not occur. The EP&G Proactive Approach Committee hosted a forum in March of 1999 with builders and developers to discuss ideas that could be implemented to protect urban trees. Some developers raised the concern that trees could not be protected due to changes in grading, or sufficient trees needed to be removed for foundations and to stock pile soil on site for backfill purposes. Some of the original recommendations put forward by staff which involved the preparation of a general vegetation overview at the beginning of the planning process so development is designed around significant stands of trees, or undertaking a detailed tree inventory and preservation plan to be carried out in conjunction with a grading plan, were not well received. Due to the lack of consensus on dealing with the issue, no action has been taken by the Committee. The Committee could consider reactivating its role in developing guidelines and policies to address the above noted issue. February 19, 2003 - 3 - PD-2003-20 The success of woodlot protection through the planning process is, in large part, dependent on the willingness of the developer, public pressure to require some form of woodlot protection, and the City to require compliance with studies when prepared. In order to better assist in the process ofwoodlot protection, the Committee could decide to take a more active role in the review of tree studies and tree saving plans in situations involving protecting portions of significant woodlots or where staff is having difficulty in achieving a desired level of protection. For example, staff is currently involved in discussions with a developer proposing an industrial mini storage operation on a large woodlot site offof Oakwood Drive next to the Q.E.W. While staff has encouraged the protection of some of the woodlot by asking for a tree saving plan, preliminary plans reviewed to date do not provide for tree retention. At a recent meeting, staff requested greater woodlot protection and staff is awaiting the final tree saving plan for review. The Committee may want to review this type of application. CONCLUSION: In conclusion, neither regulatory tools nor the planning process can prevent developers fi.om cutting down trees. At best, the two processes can act as both a deterrent to cutting and an opportunity to negotiate woodlot protection. The Committee has the opportunity to involve itself in the creation of policies and guidelines on woodlot protection as well as the review of tree studies and plans for development proposals on significant woodlots. Dave Heyworth Planner 2 Respectfully submitted: Doug Darbyson Director of Planning & Development DH:gd S:~DR~ 003'xPD2003 -20, Woodlot Cutfing.wpd Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih munwks@city.niagarafalls.on.ca MW-2003-38 Ed Dujlovic, P. Eng, Director March 03, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2003-38 Static Sewer Software Purchase RECOMMENDATION: In accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement for the development of a City wide static sewer software with Earthtech Canada Limited, for the upset limit of $ 45,900, as per the attached proposal. It is also recommended that City staff purchase one copy of H20 Map Sewer at a cost of $13,700. BACKGROUND: City of Niagara Falls staff has for the past three years been collecting and refining the information available for the City's sanitary and combined sewer systems. This information is essential for the management of these systems in the long term from a due diligence perspective. City Infrastructure Section staff has determined that a computer model of the wastewater systems is required in the very near future for the following reasons. 1) 2) 3) 4) 5) 6) Development is occurring at near record levels and staff lack the systems to effectively manage and/or mitigate the impacts of the additions to the system. Predictive analysis for long term servicing needs, five to twenty-five years, needs to be performed on a periodic basis to ensure that sufficient capacity exists within the systems for future demands put upon it. The control and eventual elimination of basement flooding requires a system to evaluate and predict hydraulic constraints within the pipe network on a continuous basis. Assess the impacts of development, separation and system changes relative to combined sewer overflows to the environment. Assess the vulnerability or criticality of any or all pipes in the system as it relates to wastewater service delivery Establish fair and equitable development charges schedules for proposed developments. March 03, 2003 -2- MW-2003-38 In the past, the aforementioned analyses were performed on a development by development basis or as part ora five-year revision of the city's pollution control plan. City staff has now realized the need to evaluate both the free in system capacity and condition of the system as it relates to the long term viability of the network on a regular basis. City Infrastructure Section staff has conducted a review of all commercially available software packages to assess their suitability for the proposed tasks. The clear leader in every regard is H20 Map Sewer by'MWHsoft Incorporated. City staff currently uses the MWHsoft water model to assess the condition and hydraulics within the potable water system. Earthtech Canada has submitted a proposal and associated work plan that will allow for the creation of a detailed sewer software in H20 Map Sewer for the purposes mentioned above. The creation and calibration of the sewer software will take approximately four to six months and will involve a detailed hydraulic assessment of present and future conditions. The proposed work plan is structured to allow for City staff to become self sufficient in the use, maintenance and deployment of the software upon the finalization of the project. Funds have been provided for this project in the 2003 reserve and operating budgets, line item "Sewer Model" W-016-2220-3800. Recommendation Council's concurrence with the above recommendation is requested. Prepared by: · OLS, OLIP Manager of Engineering Services Approved by: Director of Municipal Works Respectfully Submitted by: Chief Administrative Officer File S~60-11 S:\REPORTS~2003 Reports\MW-2003-38 - Sewer Model Development.wpd Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city,niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 edujlovi@city, niagarafalls.on,ca MW-2003-41 Ed Dujlovic Director March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re,' MW-2003-41 Appointment of Consulting Engineer to Design The Murray Street Retaining Wall RECOMMENDATION: In accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a consulting service agreement with Ellis Engineering Inc. for the design work of the Murray Street Retaining Wall for an upset limit of $36,480.00. BACKGROUND: As per the City's Consultant Selection Policy, direct appointment for engineering fees up to $60,000.00, Ellis Engineering Inc. has been selected to complete this work. Ellis Engineering Inc. has performed similar type of work for the City in the past. We are therefore, of the opinion, that this Firm is capable of successfully undertaking this project. The costs for this project have been included in the 2003 Capital Construction Program. The Committee's concurrence with the above recommendation would be appreciated Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Prepar/~by: Darrell Smith, P. Eng. Manager of Engineering Services Approv/~ by: ~ Dujlovic Director of Municipal Works Attachment -2- Respectfully submitted: Chief Administrative Officer MW-2003-41 - 3 - MW-2003-41 02-2I-2F~103 02=23PH ELLIS Engineermg Inc. 1 ~5 934 4424 ELLIS Engineering Inc. February 21, 2003 The Cil~, of Nia~ra Falls Municipal Works Depariment 4310 Queen Street Niagm'a Falls, Ontario L2B 6X5 A~ention: R~er~uce: Mmmg~- of Engineerln~ Services EIII~ F. nglneerlng Inc. Con~u~ng Engirmer~ L2N 7A6 · ret: (9OS) ~ Fax: (90S) ~4 4424 Marrary Slr~ Retaining Wall, Our ~ 382, We are pleased tO submit our proposal herein, ss per your verbal request dated February 14, 2003 and subsequent telephone conversations, u~ provide Professional ~n~neerlug Sendc~s related to thc preparatiOn of Comract Docttm~nts for the Murray Strut Retstnt'ag wan. We received an AutoCad f'dc (BAS.LAN - lVIURP. AY 2 LANE FINALDWG) via ematl from Rick Bonato at D~lcau on February 1.7, 2003, showing a plan of thc proposed reconstruction of Murray Street. On inspection of this layout plan we believe the wall will be approximately 133 metres long. We understand that fl~¢ retaining wall is to be rdnforced concrete, uffiising archil~'ural flnms and that there is no topographic data or any lnellminavJ design data for the re~alnin.~ w&ll at this time. The scope of work outlined ~n this progosal makes provision for engineering services lo undertake the design enginev-ring, prepa~tion of drawi~ and tedmical spec~ications. We have included hourly rates which will lac applicable for part timc Contract Admlnislraflon indudb~g check~g of shop drawings and site visits for inspections during consa'uctiou. The proposed work comprises the following: Prelimiuary design of the reinforced conc~te retaining wall. Production of preliminary General Arrangement for approval before final design. Final design of Reinforced Concrete RctaininE Wall. Preparation of Technical Speclficatious. 02-21-2i~3 02: 24PM -4- ELLIS Engineering Inc. I 98S 934 4424 MW-2003-41 PoB3 Darrell Smith, P.Eng. City of Niagara Falls. Febrmwy 21, 20~ Page No. 2 We und=mand the City will provide the following: * Survey and Layout information for the Retaining Wall Layout and De, sign. · Ar~au8~ for Soils Inves~i~a~iuu, · Compile Tender Drawio{s and Documents. · Tender document distribution and fonnal tender opening. Design Ptmse Fee for the We propose to work within an engineering fee having au up~ Hmtt of $~6,~80.00, u ~er the detailed b~cakdown attached. Construction Phase Fee:. As requested we have included hourly rates for services dud~ consh,'uctiou. We would expea thai cons~-~ion administration be on a Fart time b',~s *,md charged out at thc followi~ hourly ratcs. A final co. ruction repo~t, includi~ photoi~aphs dudug consWacflon, will be submitmd to thc City of Nis~,ua Falls. All proposed fees exclude G.S.T. 'mc following Key Personnel will b~ assigned to the project: Perso~ Hourly Rate · Brian Ellis, P.Eng, Project Mauag~r · David Reed, P.F. ag, Desi~ F. ngine~r · J.P. Dauko, Site Inspection · Alex Vacca, C.H.T. Engineeriug Drawings $8750 $87.50 $55.00 $55.00 The work outlined in {his pwposal, up to issuing for tender, will be scheduled to be completed in approximately 6 weeks aud after continuation of the City's acceptanc~ and insU, uction to start thc work. - 5 - MW-2003-41 02-21-L::~3 ~2:24P~1 ELLIS Engineerin9 Inc. 1 ~15 934 4424 Darrell Smit~ PoEng. City of N~ara Fall~ February 21, 20~3 Fage NO. 3 We confiim that Prof~ Liability llasuranc~ coverage for Ellis Elagi~zaJng lllc., in the amount of $1,000,000 per claim and Commercial General Liability Insurance coverage of $2,000,000 per da/m, will be in place for this project. 'manic you for giving us this opportunity in providing our serv/oes, it is greatty apprec/ated. Please do not hesitate to ~ontact me to conHzm any points. Yours truly, ~,-.J-,lS En..~neerln~ Inc. Bri~ JJ. gl~is, P.F. o8 ~dent - 6 - MW-2003-41 ELLIS En~tneerin~ Inc. 1 9[25 934 4424 P.05 02-21-2~3 02:24F~1 DATE OF ESTII~T~: FEI~UAR¥ ~1~ ~03 CITY OF NIAGARA FALLS MURRAY gTRF~EI'RETAININC WALL BRFAKDOWN OF ESTIMATED FEES PERSON HOUI~ I~TE EXISTING DATA COl I F CTION REVIEW BXI~TING DATA AND S~ ~ ~ SOI~ ~RT ~Y D~IG~ ~A~O~ DEIGN RETAIN]NO WALLS DP~IGI~ DF-SION DETAILS D~W~GS ~ O.~ ~ DETer) ~K D~GS ~ D~ION Qu~'frrY T~ O~ C~T DISBURSEMENTS TOTAL- PRE-DEffiGN AND DESIGN: TOTAL ESTIMATED FEE INCLUDING DISBURSEME/~I'$: $3~ $570 $2,7~0 $1,400 $1,400 $44O $700 $2,,100 $3,5OO $2,100 $11,000 $3.,400 $33O $~ ~0 $36,480 TOTRL P.05 The City of Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city,niagarafalls.on.ca MW-2003-42 Ed Dujlovic, P. Eng. D~ecto~ March 03, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2003-42 Flow Monitor Purchase RECOMMENDATION: It is recommended that the City of Niagara Falls purchase four in-sewer flow meters at a total cost of $ 41,878.40 from Can Am Instruments Ltd of Oakville. BACKGROUND: City of Niagara Falls Infrastructure Section Staff has been monitoring the combined and sanitary sewer systems as well as combined sewer overflow points for the past ten years to ensure that the systems perform adequately for present and future development. Continuous flow monitoring within these systems and at overflow points serves several important purposes as part of the overall management of the system and for the control and eventual abatement of combined sewer overflows: 1) Assessing the hydraulic impact of existing and proposed development. 2) Ensuring that adequate capacity exists for future development. 3) Data extracted from the monitors forms the basis for predictive performance models of the system. Models help to identify future bottlenecks within the system and allow for the refinement of development charges on an area by area basis. 4) The monitoring of the system shows due diligence in the area of combined sewer overflow control. The Corporation is bound by legislation to provide the Ministry of the Environment with a five-year plan on a yearly basis for the elimination of overflows. The average age of the City's current complement of sewer flow monitors is now approaching five March 03, 2003 -2- MW-2003-42 years. The age of this equipment and the harsh environment in which these monitors are used eventually results in unacceptable equipment failure rates which are counter productive to the task at hand and invariably results in delays in the process of collection and analysis of the information for development needs purposes. City Infrastructure Staff has been purchasing equipment from Can Am limited for approximately seven years with little or no occurrences of failure of equipment due to manufacture and acceptable turn around times for replacement or service of equipment. In addition City Staff is intimately familiar with the associated hardware and software used in the Sigma product line. Can Am Ltd is the sole supplier for the said product line in Canada. Funds have been provided for this replacement in the 2003 Operating Budget account number W-016-2200-3800 line item "Sewer Flow Monitoring". Recommendation Council's concurrence with the above recommendation is requested. Prepared by: ?~D~ ~ :'d~Wa~OLs, OLIP Manager of Engineering Services Approved by: Director of Municipal Works Respectfully Submitted by: >ha MacDonald ;hief Administrative Officer File S-60-11 S:\REPORTSk2003 Reports\MW-2003-42 - Flow monitor Purchase.wpd The City of ~1~t I - Community Services Department Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city.niagarafalls.on.ca R-2003-13 Adele Kon Director March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' R-2003-13 - Niagara Falls Community Centre - Memorandum of Understanding RECOMMENDATION: That the City enter into a Memorandum of Understanding with its partners, the YMCA of Niagara and the Niagara Falls Public Library in the Niagara Falls Community Centre project. BACKGROUND: On April 22, 2002, Council approved the Community Centre Status Report R-2002-17 which included'six(6) recommendations to move the project forward. One recommendation directed City Staff to prepare a Memorandum of Understanding for consideration by each of the potential partners that would outline the terms and conditions ofparmer participation in the Community Centre project. In May 2002 City staffinitiated the process of developing the memorandum by engaging the Niagara Falls firm of McBurney, Durdan, Henderson and Corbett to facilitate and complete the drafting of the Memorandum of Understanding (attached). In August 2002, one of the partners, the Boys & Girls Club of Niagara, officially withdrew from the project. The process of developing the memorandum continued with the remaining principal partners, the City of Niagara Falls, the YMCA of Niagara and the Niagara Falls Library. This report outlines the guidelines, roles, and responsibilities that will bind each of the partners in terms of their participation and commitments in the development of this project. The Memorandum has been reviewed by each of the partners and is acceptable to their Boards. The Memorandum has also been reviewed by the City Solicitor and by the Senior City Staff and is regarded as acceptable. The Memorandum establishes the fact that the City will be the owner of the building and property and that all other parties to the Memorandum or any future agreements will become a tenant of the Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services March 3, 2003 - 2 - R-2003-13 City. This memorandum is intended to provide a framework for the three partners in the centre - the City, the YMCA of Niagara, and the Niagara Falls Public Library - to continue to work together in good faith to organize, build, develop, and complete the community centre. It establishes current facts and future expectations for the partners with regards to principles of co-operation, capital construction contributions, the establishment of a capital campaign by the partners, and financial contributions to the operations and maintenance of the centre. In addition the Memorandum speaks to the future management of the centre by establishing that the partners will, through a further agreement, establish a Board comprised of equal representation of these three partners and any others that by mutual agreement may be involved in the centre. The Board will become responsible for the policies, practices, and standards governing the centre with regards to establishing efficient use of space, community access to the centre, and the delivery of programs and services. Finally, the memorandum identifies the manner in which this agreement between the partners may be terminated. The Memorandum of Understanding is an initial document in the process of developing comprehensive operations and lease agreements between the partners. It is intended to provide guidance for the partners in the development of the project and the drafting of a final partnership agreement. City Staff will continue to develop this agreement process with its parmers throughout 2003 and 2004. It is anticipated that a final agreement between the partners, outlining detailed roles and responsibilities in the operation of the new Community Centre, will be completed for Council's consideration and approval prior to the opening of the Community Centre in 2005. Council's approval of the attached Memorandum of Understanding is requested. A e Kon~k'-'jRec°mmended by:~ ~~ Director of Parks, Recreation & Culture Respectfully submitted: ~°n~;~dative Officer SH/das Attachment S:\Council\Council 2003~R-2003-I3 - Community Centre - Memorandum of Understanding.wpd MEMORANDUM OF UNDERSTANDING dated the 3rd day of February, 2003. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter called the ~'City" OF THE FIRST PART NIAGARA FALLS PUBLIC LIBRARY BOARD hereinafter called the "Library" YMCA OF NIAGARA hereinafter called the "YMCA" OF THE SECOND PART OF THE THIRD PART WHEREAS the Council of the City' of Niagara Falls, the Library and the YMCA have agreed that it is in the best interests of the citizens of Niagara Falls to jointly participate in the development of a community centre (hereinafter referred to as the "Centre"). AND WHEREAS the City and the YMCA established the purpose and principles of working together to develop the Centre at a joint planning session held on March 11th, 2000. AND WHEREAS the City, the Library and the YMCA have agreed to joimly develop the Centre on land owned by the City, and the City, as a municipality, has made application to the SuperBuild Fund for a capital grant of $6 Million to aid in the development of the Centre with the Library and the YMCA as "supporting parmers" as described in such an application, which application has received approval, which approval has been publicly announced. -2- AND WHEREAS it is the present intention of the parties that on the completion of the Centre, the City will become the owner of the building and the common areas of the Centre, and each of the other parties will become a tenant of the City, as Landlord, of the areas assigned to the party under a long term net-net lease; part of the area to be used exclusively by the leasing party and the other part or parts, to be known as common areas, to be used by the leasing party and one or more of the other parties, on a cost sharing basis, as agreed upon from time to time by written agreement. AND WHEREAS the operations and maintenance of the Centre under the control of the City, as Landlord, including the common areas of the Centre, will be managed by the Community Centre Operations and Services Board, hereinafter called the "Board", in accordance with the principles and standards set out in this Memorandum of Understanding hereinafter called the "Memorandum". AND WHEREAS this Memorandum is the basis of the expression of understanding among the parties hereto as they work together in a strategic alliance to achieve their common purpose of developing, building and maintaining of a multi-use, multi-service facility, and the delivery of services for the citizens of the City of Niagara Falls. THEREFORE, the parties hereby express their intention and understanding concerning the development and operation of the Centre in the following terms, while recognizing that more detailed agreements will be required in order to more fully set out the respective rights and obligations of each party. 1:00 PROJECT NAME 1:01 The name of the project will be the "Niagara Falls Community Centre" or such other name as the parties may hereinafter agree upon. 2:00 2:01 PROJECT LOCATION The Centre shall be located on approximately four (4) hectares of land owned by the City and located at the North East comer of the intersection of Montrose Road and McLeod Road in the City of Niagara Falls. 3:00 3:01 PROJECT ORGANIZATION The City in co-operation with the Library and the YMCA will continue to work together in good faith to organize, build, develop and complete the Centre by the Spring of 2005. -3- 3:02 3:03 The parties confirm and agree that the existing Steering Committee is the body which has been created by the parties to report to the Council of the City of Niagara Falls as to the ongoing progress of the project. The parties further agree that there is to be created in the future the Board comprised of an equal number of representatives from the City, the Library, the YMCA and by mutual agreement, any others that may be involved in the Centre. The Board will be responsible for establishing policies, practices, standards and responsibilities for the efficient use of space, community access and the delivery of programs and services in the Niagara Falls Community Centre. 4:00 4:01 PRINCIPLES OF CO-OPERATION The main principles of co-operation for developing and managing the Centre are as follows: (a) to support the autonomy of each participant and their mandate; (b) to support the identity of each organization (c) to co-ordinate the development and operation of the centre as a team; (d) to share space and programming where possible; (e) to ensure an inclusive environment that provides a variety of ways to access the programs and services within the Centre; (f) to establish a self-sustaining Centre. 5:00 5:01 5:02 DESIGN AND CONSTRUCTION OF THE CENTRE The parties have established a Design and Construction Committee with representation from each party and from the City professional staff, which Committee shall report to the Steering Committee and the City· The parties have established a Steering Committee to supervise the development of the Centre from its inception to its official opening including the Design, the Capital Funding and the Construction. Representation on the Steering Committee shall be as follows: one (1) representative from City Council, two (2) representatives from the Library, two (2) representatives from the YMCA and two -4- (2) Senior City staffmembers. The mandate and decision making process of the Steering Committee is set out in the Revised Terms of Reference of June, 2002, as set by the City. The Steering Committee may be enlarged by appointing two other representatives from each other organization that may be involved in the Centre. Changes to the membership of the Steering Committee shall require the consent of all of the parties to this Agreement. 5:03 When the design work has been completed, the City as Landlord, will construct the Centre, with each of the parties as tenant being responsible for the costs of construction of the leasehold improvements, fumishings and fixturing of the space assigned on a net-net lease basis. The term "net-net lease basis" shall mean that the tenant will covenant to pay as additional rent each and every expense incurred in connection with the leased space. The separate leases to be entered into in the future between the City as Landlord and the YMCA as .Tenant and between the City as Landlord and the Library as Tenant, will address these issues after careful discussion and agreement between the parties. 5:04 When feasible, each space will be designed, so that the tenant of the space will have full control, and be responsible for its own heating, cooling and ventilation, and utilities. 6:00 CAPITAL CONTRIBUTIONS 6:01 The parties to this Memorandum confirm that at the present time the estimated capital contributions to the Centre will be as follows: (a) by the City - up to $15 milli6n; (b) by the SuperBuild - $6 million; (c) by the City $1.3 million - (the site); (d) by the YMCA - $1 million - in capital to be provided on the basis of $200,000.00 per year over five years with the first payment on the 31 ~ day of August in the year the Niagara Falls Community Centre opens and the remaining payments of $200,000.00 per year to be payable before or on the 31 st day of August of each of the following years; (e) by the Capital Campaign - $3 million. -5- 7:00 7:01 7:02 7:03 CAPITAL CAMPAIGN The parties to this Memorandum of Understand'rog acknowledge and agree that a capital fund-raising campaign will be necessary and that co-operation will be required. The parties further agree that there will be allocation of all resources in good faith and that all funds raised by the capital campaign will be and remain funds to be used for the Centre. If any of the City, the Library or the YMCA cease to be a participant in the Ceritre all funds raised jointly or by any participant for the Centre will remain as funds to be used for the Centre. The parties to this Memorandum of Understanding recognize that annual operating costs for each of the parties will continue and will necessitate the need for each party to raise their own funds, however, each of the parties hereto acknowledge that they will in no way compete with the capital campaign. The YMCA will provide office SPace and staff leadership for the campaign, with the assistance of strategic counsel. Up front costs of the campaign, not exceeding 12% of the total campaign amount, will be funded by the YMCA and will be re- imbursed from ~e campaign donations. 8:00 8:01 8:02 8:03 8:04 LONG TERM NET LEASES It is the present intention of the City to enter into various long term lease arrangements for the space allocated to the parties, for such terms as the parties may hereinafter agree upon, with options to renew on such terms and conditions as the parties may hereinafter agree upon. The basic rent under each of the leases is to be $1.00 per year. Each lease is to contain an option to increase the space, if feasible within the design plans of the Centre, on terms to be negotiated with the City, and a further option to decrease the SPace, if required by budgetary constraints of the leasing party, on terms to be negotiated with the City. The separate leases to be entered into in the future between the City as Landlord and the YMCA as Tenant and between the City as Landlord and the Library as Tenant, will address the following issues:- leasehold improvements and fixtur/ng, heating, cooling, ventilation, utilities, repairs of the roof and other related facility systems and infrastructure after careful discussion and agreement between the parties. Each party as Tenant under the lease shall be responsible for the maintenance and repair of the leased space, fixtures, equipment inside the space, and the operation of 9ny program carried on by the party. -6- 8.05 8.06 8.07 9.00 9:01 9:02 9.03 Where the use of space is to be shared, other than common space, with another party or parties on a cost-sharing basis, this will be reflected in a direct agreement between the parties on terms to be negotiated from time to time. The leases between the City and the YMCA and the City and the Library will also contain a provision that no space will be leased by the City or new program or service offered from any space within the Centre, after the signing of the Memorandum, without the cOnsent of the YMCA and the Library, which consent shall not be unreasonably withheld, if the new program or service being delivered from the space within the Centre will not negatively affect the services already being provided by the YMCA and the Library. On completion of construction of the Centre: (a) the YMCA shall manage the repairs and maintenance and operation of its own heating, cooling, ventilation, doors, windows, roof and ceiling over its own sp~ce; (b) the YMCA shall manage the cleaning of the common areas at the expense of the City; (c) the City shall manage repair and maintenahce of the balance of the Centre as Landlord of the Centre, including common areas, the parking lot, the driveways, the sidewalks and grounds; (d) other tenants shall be responsible for the repair, maintenance and cleaning of their leased space. MANAGEMENT OF THE CENTRE The parties agree to establish a Board, with responsibility to establish policies, standards and responsibility for the efficient use of space, community access and delivery of programs and services in the Niagara Falls Community Centre. The Board will have equal representation from the parties. It is expected that the Board will be organized and make decisions similar to the process used by the existing Steering Committee. In order to ensure a fair and orderly means to resolve any disagreement or issue between the parties that cannot be resolved through discussion and negotiation, a mutually agreeable dispute resolution mechanism will be established by the Board having regard to the provisions of the Arbitration Act of Ontario. -7- 10:00 10:01 JOINT OPERATIONS OF THE CENTRE Based on the development of common practices and standards, the Board will develop a cost sharing formula to ensure all common areas and shared space within the facility are maintained in "as new and relevant" condition. The parties each agree to contribute necessary financial resources, based on mutually determined annual maintenance and repair plans. 11.00 11:01 FINANCIAL RECONCILIATION The Board shall submit its annual budget on or before September 30t~ of each year, which shall set out the financial obligations of each party. A reconciliation statement shall be prepared semi-annually, on or before September 1st and March 1st, covering the periods January 1st to June 302 and July 1~t to December 31st, respectively. Any adjustment owing fi.om one party to the other as a result of such statement shall be paid within th/ny (30) days of the date of the statement. 12:00 12:01 TERMINATION OF AGREEMENT Any party to this Memorandum may terminate its participation in the Centre by giving three months written notice to the Clerk's Office of the City but any SuperBuild funds or capital funds raised by or for the party terminating its involvement in the Centre shall remain for the use of the Centre. 13.00 13.01 13.02 13.03 GENERAL Each party shall indemnify and save harmless the other fi.om all manner of claims, costs or actions of any kind whatsoever arising fi.om the performance of or failure to perform, its obligations pursuant to this Memorandum. Neither party may assign its interest pursuant to this Memorandum, without the specific written consent of the other. This Memorandum shall be binding upon, and enure to the benefit of the parties hereto. and seals. -8- IN WITNESS WHEREOF the parties have hereunto set their respective hands SIGNED, SEALED AND DELIVERED in the presence of: ) ) ) ) ) ) ) THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: NIAGARA FALLS PUBLIC LIBRARY BOARD Per: ) ) ) ) ) ) ) ) ) · YMCA OF NIAGARA Niogoro Foils C°nod~a~,,~Jl~' Corporate Services Department Clerk's Division 43'10 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: (905) 356-7521 (905) 356-7404 diorfida(~city.niagarafalls.on.ca CD-2003-05 Dean Iorfida City Clerk March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2003-05 - Services for the Disabled RECOMMENDATION: For the information of Council. BACKGROUND: At the January 20th meeting, Council passed the following motion: Services for the Disabled. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary-Pool that an update be provided on Provincial services for the disabled and whether they are adequate. Carried Mayor's Disability Advisory Committee As most of Council is aware, the municipality has a Disability Advisory Committee. The most recent incarnation of the Committee has been in place since 1997. The Council may not be aware of the entire breadth of activities the committee has undertaken over the past five years. Attached please find a short history of the committee, its mandate, activities and accomplishments. Working Together to Serve Our Community Clerks * Finance Human Resoumes Information Systems · Legal Planning & Development Ontarians with Disabilities Act - 2 - CD-2003-05 The Province finally delivered on its longstanding promise to pass the aforementioned piece of legislation, The Act had been promised during the first term of the Mike Harris government but died when the last Provincial election was called. Nonetheless, the Government was tree to its' word and proclaimed the Act in December 2001, with it coming into effect on September 2002. As a side note, our Disability Advisory Committee did meet with then Citizenship Minister Cam Jackson during the consultation process for the Act. The Ontarians with Disabilities Act is by no means a perfect piece of legislation. It arguably does not go as far as the Americans with Disabilities Act. In addition, our committee has gone on record as stating a more effective course of action would have been for the Province to amend the Ontario Building Code and raise accessible building standards to the levels found in federal buildings. The Ontarians with Disabilities Act affects the Provincial government, municipalities, hospitals, educational institutions and public transportation providers. The legislation does not affect the private sector. As for municipalities, cities over 10,000 people are required to have a committee in place. (Our municipality already had such a committee in place). The municipality, either through the committee or a consultant, are to plan accessibility plans and make them public. A recently appointed, Accessibility Directorate of Ontario will consult municipalities on their plans. Also, a municipality shall give "consideration" to accessibility when purchasing goods and services, in planning and in subdivision approval and when deciding on polling stations for the next municipal election. It is arguable that the Ontarians with Disabilities Act is mere window dressing. For example, very few municipalities are building new facilities in which they would be considering barrier free accessibility. Many municipal buildings were built prior to 1979, when accessibility requirements were first included in the Ontario Building Code. There is no legislation requiring municipal facilities to be retrofitted for barrier free accessibility. Nonetheless, any legislation is a step in the right direction. Other Services for the Disabled Alderman Puttick, when he introduced his motion on January 20th, referred to meeting he attended at the Optimist Club some time ago and questioned whether services for the disabled had improved. The meeting Alderman Puttick attended was a session organized by Mr. David Lepofsky, a lawyer and lobbyist, who was the voluntary chair ora coalition of individuals and community organizations that was working to get the Ontarians with Disabilities Act passed. This coalition has been less active since the passing of the Act, however, it still maintains a website publicizing various events. The coalition has criticized the enacted Ontarians with Disabilities Act as not going far enough. The coalition's website (http://www.odacommittee.net) does list Niagara Region contacts, Ian Greaves, Sandy Bird and Sandy Cook, however, there is not a local committee, per se. -3- CD~003~5 As for services available to the disabled, the Provincial government's website lists various different grants, partnerships and income support programs. No one on the City's Disability Advisory Committee has ever raised the issue of a lack of services or programs. The issues that have been raised by the committee are the lack of accessible buildings and the need for an accessible form of inter-municipal transportation CONCLUSION: The City is well-served by its' Disability Advisory Committee. The Committee will continue to work at educating the public and increasing barrier free accessibility in our community. If the Committee feels that there is an issue or problem facing the local, disabled community, it will bring the matter to Council's attention. Recommended by: Dean I~ City Clerk Respectfully submitted: ' ~h~ne f~IDn'~dativ e Officer Approved by: T. Ravenda Executive Director of Corporate Services - 4 - CD-2003-05 Attachment to Report DISABILITY ADVISORY COMMITTEE *The Mayor's Disability Advisory Committee was formed in 1997 to deal with issues affecting individuals in Niagara Falls with disabilities. All Committee members, except City staff, are disabled. The Committee's goals are to educate the public and increase barrier free accessibility. Current Committee Members: Alderman Paisley Janvmy-Pool (chair), Pam Green, Angela Dumele, Guy Prata, Murray Culp, Sandy Bird, John & Irene Kis, Ed Jacobi, Bi/an Kon and Dean Iorfida (staff liaison). Accomplishments: -at the Committee's request, in 1998 City Council supported an increase in fines for parking in a handicapped spot (from $75 to $150). This past fall, the Province through the Ontarians with Disabilities Act mandated that this fine increase to $300. -worked with Greater Niagara General Hospital staff to install a ramp at the hospital's entrance. (2001) -after the Committee's assistance at GNGH, the Niagara Health System asked for input on improvements at Douglas Memorial in Fort Erie. (2002) -met with then Minister of Citizenship Cam Jackson on the Ontarians with Disabilities Act. When the Act was proclaimed it mandated that municipalities over 10,000 must set up an advisory committee. (2001) -met with the consultant and project management team on the Permanent Casino project which promises to be the most accessible facility in the community. (2001) -have met with the architect and consultant on the City's Commtmity Centre project. Will be providing the architects with advice on proper hand bars to install in the Centre. -annually, the Committee has been to Council during Access Awareness Week. Other events related to the week have included an exercise in which members of Council were required to negotiate City Hall in wheelchairs and the staging of a play at Niagara Square. (Annually) Liaison: -the Committee has met with numerous members of City staff(building, planning, traffic, parks and recreation), Bart Maves, M.P.P., the Niagara Parks Commission, the Niagara Falls Transit, Niagara Falls Tourism and Mobility Niagara amongst others. Awards: -a number of different businesses or organizations have been recognized for their efforts in making their facility accessible. Winners have included Casino Niagara, Comisso's, Zehrs, and Chair-a-Van. Upcoming Goals/Projects: -prepare an annual plan as mandated through the Ontarians with Disabilities Act -work with Chair-a-Van on accessibility at the Professional Building on Kitchener Street -write up in the City's Leisure Guide and identification of accessible businesses or buildings -continue to meet with businesses who are looking for advice on accessibility -input on future City projects such as the People Mover and Community Centre Accessibility Ontario: Grants and Partnerships Page 1 of 3 Accessibility Ontario Ontario I central file I Feedback I search j site map I Fran~:eis Guide to Act [ FAQ I Newsletter I Related Sites I Grants and Parterships I Tools for Municipalities J Text Version I Location: ~!n[stry of Citizenship > ~_s.j~j!['~y.~a_ri_o > Grants and Partnerships Grants & Partnerships · Community ACCESSAbility_p_rogram · Community ACCESSAbility Grant Recipients The government continues to implement a range of initiatives that remove barders and improve accessibility for persons with disabilities province- wide through two funded programs. The Community AccessAbility Program supports local community projects that bring together partners - not-for-profit organizations, chambers of commerce, service clubs and service providers - who wish to work together to create opportunities and improve community access for persons with disabilities. The Enabling Change Program supports strategic partnership projects that make a broad and significant impact to improve access for persons with disabilities throughout an industry or sector, or across several sectors. EnAbling Change Partnerships, Examples of Progress Guest Services that Work for Everyone, Training Session a Great Success Our project partner, the Greater Toronto Hotel Association is sponsoring training sessions for staff in the hospitality industry on how to provide good customer service to guests with disabilities. The session, held on June 27, draw very positive feedback from the participants: "1 real!y appreciated the tool kit and the resource material. The audit exercise made me think of what I could take back to my property." "Opened my eyes to another world of possibilities for our hotel. Thank you for giving me this opportunity to learn." "Enjoyed the training. Found it very informative and enjoyed the humorous anecdotes and interactive tasks." The comprehensive training kit used for the session was developed by the Accessibility Directorate of Ontado, the Greater Toronto Hotel Association, Ontado March of Dimes, and in consultation with an advisory committee of disability organizations. For more information, contact Phillipa Lue at 416-325-6061 or by e-mail at http ://www.gov.on.caJcitizenship/accessibility/english/grant spartnership.htm 02/24/2003 Accessibility Ontario: Grants and Partnerships Page 2 of 3 phillipa.lue@mczcr.gov.on.ca. Mental Health Works, Project Going Forward on Several Fronts In partnership with the Canadian Mental Health Association (Ontario Division) and the Global Business and Economic Roundtable on Addiction and Mental Health, this project is developing strategies and educational resources for employers to reduce the incidence and effects of mental health problems in the workplace. Partnership and corporate support initiatives now underway include the following: · Dofasco is developing a strategy to address mental health issues. · The Canadian Steel Trade and Employment Congress is identifying opportunities for collaboration. Other organizations have also indicated interest in collaborating in the development of resoumes for this project. Is your organization interested in supporting the Mental Health Works project? Work is ongoing to identify financial sponsors. If interested, please contact Phillipa Lue at 416-325-6061 or by e-mail at Phi!l!paJue@mczcr, gov,on,ca. Tapping the Talents of People with Disabilities, Publication Well Received Over 1000 copies of the employer handbook entitled "Tapping the Talents of People with Disabilities", produced in partnership with the Conference Board of Canada, have been distributed to employers across all sectors of Ontario since 2001. Another 3000 copies were distributed to Human Resources Development Canada centres in the Ontario region. The publication received a large boost recently when the Conference Board spoke about the publication in a presentation made at the Federal- Provincial-Territorial Conference of Ministers responsible for Social Services. The presentation focused on barders to employment and was made on behalf of HRDC's Office of Disabilities. For more information, contact Estella Cohen at 416-314-0279 or by e-mail at estella.cohen@mczcr.gov.on.ca. Ready & Able: Including Volunteers with Disabilities, Toolkit and Video Now In Use Our project partners: Volunteer Centre of Toronto (VCT) and the Ontario Network of Independent Living Centres (ONILC) To help community organizations recruit and accommodate volunteers with disabilities, Ready & Able consists of a toolkit providing guidelines, tips and best practices, and a video featuring volunteers with disabilities and co- ordinators of volunteers speaking about recruitment, training and accommodation. http ://www. gov.on.caJcitizenship/accessibility/english/grantspartnership.htm 02/24/2003 Accessibility Ontario: Grants and Partnerships Page 3 of 3 The resoumes produced under this initiative were launched at the Ready & Able Conference and Trade Show in Toronto in November 2001. Since then, the Volunteer Centre of Toronto has promoted the resources in five workshops they have presented to a group of community organizations. The Volunteer Centre will present a workshop on request. To find out more about the Ready & Able program or to participate in an on-line referral system for volunteers with disabilities, visit the Volunteer Recruitment Accessibility Participation page of the Volunteer Centre of Toronto's Web site at .btt_p:_//_W~N__._vol_u_n_t_e_erto_r_o. Qt_o_._o_n..:~_.a_/.. For more information, contact Enza Ronaldi at 416-326-0200 or by e-mail at Self-Employment Resources Developed with SEDI, Discussion Board Now Up and Running Our project partner: Social and Enterprise Development Innovations (SEDI) The Discussion Board on Self-Employment Opportunities for People with Disabilities is now up and running at the SEDI Web site. It provides online support for the project materials, and helps managers and disability and business counsellors find answers to their questions about self- employment and disability issues. The discussion board complements the other resources developed in this project: a Self Assessment Workbook, a Practitioners' Guide, a Resource Guide, and a video profiling four successful entrepreneurs with disabilities sharing their experiences and knowledge on what it takes to become self- employed. The materials are specifically designed for the needs of persons with disabilities who want to become self-employed. They can be accessed from the SEDI Web site at _h_t}_p://www. sed i.o rg/ht ml/prog(_d_is_a__bi_li_t!_es/fs4 p rog_d isa_p u bli _c_.__h_t_m_! You can check out the Discussion Board at the SEDI Web site at http;/!www.sedi.org/html/PrOg~d!sabilities/fs4_prog_disa_forum, html For more information, contact Estella Cohen at 416-314-0279 0279 or by e-mail at este~ll_a.~co__he__n_@mczc~r.gov.on.ca. J Accessibjl[b/.Qn_tario_ J Guide to Act J .EAQ J Newsletter J Relat_e.d__S_ites J Gr_a_nts~and Parterships J T~o_o_l_s.[o_r M_u. nj_c[pgJjtje~s J Text Version J J c~nt~! site J feedback J search J site map J frangais J Thi~ Kite ix maintained by the Government oi: Ontario, Canada. ExternaJ.~,iB k.s D[sglaimer Copyright information: © Queen's Printer for _Ootario~ Last Modified: December 20, 2002 http ://www.gov.on.caJcitizenship/accessibility/englislqgrantspartnership.htm02/24/2003 Ontario Disability Support Program Page 1 of 2 Co ._Family Ontario Chain's [ central site [ Feedback I search [ site map I Franfais MCFC$ Home I What's New I Progrsms I Publications I Forms t News Room I Program ~Ontario Disability Support Program Program Options IPublications IForms ~Legislation 1FAq~ ~lLinks P[ogrsrn Ontario Disability Support Program The Ontario Disability Support Program (ODSP) is intended to meet the needs of people with disabilities and help them to become more independent. The ODSP has two parts: Income Supports provides financial assistance to people with disabilities Employment Supports provides the supports people with disabilities need to get and keep jobs. For information about the kind of help you may get and how to apply for the Ontario Disability Support Program (ODSP), the following guides are available: · ODSp Handbook · Information for clients - QD~P Emp!oym~t Sgpports · ODSP Office List · Employment Supports Brochure The ODSP Policy Directives are available online to provide more detailed information on policies and procedures: In the News Ontario Disability Support Program Q~3.tg/}~ Jo. 6pp~ ~aJ.~o u r t Decisioh and Amend D~e~nitioo of ~pou~e Publications Ontario Disability Support Program O.D~ S_P_ _Hgpd b_oo_k Information for clients - ODSP Emplloyment Sup~_~s_ Employment Supports _QP~_P_.Em pJp_yment S u pl~or~s ODSP Income Support P_o~ Dirac[ives Income and Em~31o%~0t Supports O#'_ ~_c~,_ Lis~tin~ Em~!oymoot ~upport~ Ihsting http://www~cfcs~g~v~~n~ca/CFCS/~n/pr~grams/~ES/~ntari~Disabi~itySupp~rtP~~~/defau~t~ht 02/24/2003 Ontario Disability Support Program Page 2 of 2 · ODSP Income Support .P_Q]!;yD i re cti_v._~_S. · ODSP Employment $~pports Po!!gy Di_rect!ves For more information on services and resources for people with disabilities, visit the ~[s_.a.~ili~ ~eb L~in ks..!~t~..r..n_et site. For More Information Contact your nearest Ontario D_!_sa~bility S_upport Program office. I cent_ca g ~ I feedback I search I ~!t~ map I fran~:ai~ / I MCFC$ Hom~ What's New i Pr~~'a~ i ~ubi ~f~'~i~ I ~ I News Room I Thi~ site i$ maintained by the Government oF Ontario, Canada. External Links Disclaimer Ministry of Community, Family and Children's Services Copyright information:© Queen's Pdnter for Ontario:_20_0;3 Last Modified: 1/9/2003 4:24:07 PM http://www.cfcs~g~v~~n~ceJCFCS/en/pr~grams/~ES/~ntari~Disabi~itySupp~rtP.~~/defau~t~ht 02/24/2003 Corporate Services Department CD-2003 - 06 . -.,,. Clerk's Division The C~ty of /~1~ 4310 Queen Street Niagara Falls I1~11~ P.O. Box 1023 Canada J,l Niaga~:a Falls, ON L2E 6X5 ~41~' web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca Dean Ion'ida City Clerk March 3, 2003. His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2003 - 06 - Special Occasion Permit RECOMMENDATION: That Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: Correspondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture; Building & By-law Services; and Fire Services. Council's concurrence with the recommendation is requested. Mike Tychynski · Hockey Tournament Memorial Hockey Toum. Recommended by: City Clerk T. Ravenda Executive Director of Corporate Services [ Mar. 5, 6, 7, 8 & [ Stamford & Jack 9, 2003 I Bell Arenas Respectfully sub_mitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks · Finance · Human Resources Infon'nation Systems · Legal · Planning & Development Corporate Services Department The Cify of ~ Legal Services Niagaro Falls!J~/~ 4310 Queen Street Con~~, P.O. Box 1023 Niagara Falls. ON L2E 6X5 ~ [ ~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city, niagarafalls,on.ca L-2003-17 R. O. KallJo City Solicitor March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-17 Establish as a Public Highway Part 3 on 59R-11976 As Part of Garner Road Our File No.: 2002-588 RECOMMENDATION: That a road widening, being Part 3 on Reference Plan 59R-11976 attached as Appendix "1", be established as a public highway, to be known as Garner Road. BACKGROUND: As a condition of Land Division Committee approval, John Alfred Bedard conveyed a road widening to the City. The subject lands are located on the east side of Garner Road and shown hatched on the plan attached. Staff is now recommending that the subject lands be dedicated as a public highway to form part of Garner Road. e aredby: / mary,//~orrone Lax)//Clerk R~~d by: Ray Kallio City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services R~spectfully submit~ , d'~ MacDonald -- Chief Administrative Officer Working Together to Serve Our Community Clerks · Finance Human Resoumes · Information Systems Legal Planning & Development I I PART 2 PIN 64264 '.: PART1 PART OF STAJ, AFORD TOWNSHIP LO] 169 CIE OF NIAOARA FALLS R(GIONAL MUNICIPALITY Ol' NIAGARA Z The City of Niagara Falls' Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city, niagarafalls.on,ca L.2003.'18 R. O. Kallio City Solicitor March 3, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-18 Release of Agreement Lot 5 on 59M-257 and Lot 56 on 59M-274 Our File No.: 2003-43 RECOMMENDATION: That Council authorize execution o fan Application to Amend the Register and documents necessary for the purpose of releasing and terminating an Agreement made between Leonard V. Routledge, Owner, The Corporation of the City of Niagara Falls, City, and Herbert E. Davies, Leon Corr, Robert Thiessen and W.A. Wurster, Purchasers, for lands known as Lot 5 on 59M-257 and Lot 56 on 59M- 274 located east of Kalar Road and noah of Beaverdams Road. BACKGROUND: In 1978 the City entered into an Agreement between Leonard V. Routledge, Owner, and Herbert E. Davies, Leon Con', Robert Thiessen and W.A. Wurster, Purchasers, for the property known as Lot 5 on 59M-257 and Lot 56 on 59M-274 with respect to the Land Division Committee. The Agreement provides that the covenants contained therein bind the property only for a period of twenty years from the date of the Agreement. With this "sunset" clause the Agreement is no longer in force, and therefore, Jill Anthony, solicitor for Marken Homes, the present owner of the subject lands, has requested that the Agreement be released. Working Together to Serve Our CommuniO~ Clerks Finance Human Resoumes Information Systems Legal Planning & Development March 3, 2003 -2 - L-2003-18 Staff confirms the 1978 Agreement is no longer required and may be terminated and removed from the title to the property, at no cost to the City. Prepared by: Respectfully submitted: ~-~5ohn MacDonald Chief Administrative Officer Re~~ by: Ray Kallio City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services