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2016/07/12COUNCIL MEETING Tuesday, July 12, 2016 Order of Business and Agenda Package The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001 (the "Act"); WHEREAS s. 239(7) of the Act mandates that the municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions, and other proceedings at a meeting of the body whether it is closed to the public or not; and WHEREAS s. 239(8) of the Act requires that the record required by subsection 239(7) shall be made by the Clerk of the Corporation in the case of a meeting of council; and WHEREAS on July 12, 2016 Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239(2)(d) of the Act. A matter that pertains to labour relations and personal information; and WHEREAS due to the nature of the discussion of the in the Closed Meeting, it is not appropriate for City staff to be in attendance, save the Director of Human Resources ("HR") and the Chief Administrative Officer (CAO); and WHEREAS s.228(4)of the Act permits the Clerk the discretionary authority to delegate in writing to any person, other than a member of council, any of the clerks powers and duties under the Act. THEREFORE BE IT RESOLVED THAT on July 12, 2016 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under s. 239(2)(d), labour relations; and FURTHER BE IT RESOLVED THAT on July 12, 2016 the City Clerk, Dean lorfida, delegates his authority for the purposed of the Closed Meeting to the Director of HR, Trent Dark; and FURTHER BE IT RESOLVED THAT the Director of HR will record without note or comment all recommendations to Council emanating from the Closed Meeting; and FURTHER BE IT RESOLVED THAT the Clerk will resume his duties upon conclusion of the Closed Meeting agenda. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR July 12. 2016 4:30 In Camera CR Room 1 5:00 Council Meeting Council Chambers "V- Niagaraa1ls COUNCIL MEETING July 12, 2016 O Canada to be sung by Kylie Mason ADOPTION OF MINUTES: Council Minutes of June 14, 2016 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS/ DEPUTATIONS 5:00 P.M. Foundation for a Drug -Free World The Mayor will recognize the winners from the "Why I Want a Drug -Free Community" essay contest recently held at various local schools. Knights of Columbus Free Throw Championship The Mayor will recognize Joey Ciampa, Dante De Benedetti, Matteo De Benedetti, and Tavish McMahon for winning the Knights Of Columbus free throw competition. Share the Road Cycling Coalition Jamie Stuckless, Executive Director, of the Share the Road Cycling Coalition will recognize the City with a bronze award. Sears National Kids Cancer Ride Neil Babbage will outline his involvement in the event, which is a coast to coast bicycle ride to raise funds for childhood cancer. Wildplay Niagara Falls Rich Merlino, General Manager, will inform Council of the new Niagara Parks Commission attraction. 1 REPORTS 5:30 P.M. TS -2016-27 Victoria Avenue between Bridge Street and Valley Way Designated Bicycle Lanes and Reduced Lane Width 2. Water Rate Structure Review PLANNING MATTERS 6:30 P.M. Public Meeting: AM -2016-009, Zoning By-law Amendment Application 5741 McGrail Avenue Applicants: Tim and Evan Burke, Jon Grossi Proposal: Conversion of Existing Building into 7 Vacation Rental Dwelling Units and Allowance for Other Tourist Servicing Uses Background Material: Recommendation Report: PBD -2016-31 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lundy's Lane B.I.A. — requesting approval of their revised slate of Directors. RECOMMENDATION: For the Approval of Council. 2. Memo from Director of Recreation & Culture — re: pool hours. -AND- NOTE: Lucy Di Nunzio has requested to speak to the issue. RECOMMENDATION: For the Information of Council. 2 3. Memo from the City Clerk — re: neonicotinoids. RECOMMENDATION: For the Information of Council. 4. Noise By-law — various requests for relief to the Noise By-law. RECOMMENDATION: For the Consideration of Council. 5. 365Sports — requests related to the Urban Slide event. RECOMMENDATION: For the Consideration of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. L-2016-12 — Acquisition of Lands from the Region Parts 1 and 2, Plan 59R-14919 Portion of Whirlpool Road. L-2016-11 — Entry on to Adjoining Lands By-law MW -2016-33 — Young & Hopf Wagner Drain — Filing of Engineer's Report MW -2016-30 — Emergency Decommissioning of City Storm Sewer on former Cytec Lands, City Property & CN Rail Property MW -2016-31 — Fernwood Trail Development Phase 2 MW -2016-26 — Colborne St Sewer Separation & Road Reconstruction Phase 1 Tender Result — Contract No. 2016-320-13 3 MW -2016-32 — Tender Award Contract No. 2016-400-16, Desson Avenue and Slater Avenue Road Reconstruction PBD -2016-32 — Matters Arising from the Municipal Heritage Committee Proposed t New Doors for Old St. John's Church Stamford Green Heritage Columbarium PBD -2016-33 — PLC -2016-004, Request for Removal of Part Lot Control Block 75, Plan 59M-401. 7180- 7192 Stacey Drive. Applicant: Kenmore Homes. Agent: Carmela Agro, Upper Canada Consultants PBD -2016-35 — DOW -2016-003, Commercial Building & Facade Improvement Grant and Revitalization Grant. 4458 Queen Street. Applicant: Niagara Radio Group Limited TS -2016-28 — Taylor Street — Parking Review RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council considers "Niagara Falls Night of Art" to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Heart Niagara event to be of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers such fundraising events, like the upcoming event organized by Standup for Kids with Autism to be of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Urban Slide to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2016-64 A by-law to provide for the entry upon adjoining lands. 2016-65 2016-66 A by-law to authorize a Transfer, Release and Abandonment of Easement to release the easement registered as Instrument Number SN378300, over part of Lots 19 and 20, Concession 3, designated as Part 1 on Reference Plan 59R-14902 A by-law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Props. Inc. respecting Chippawa West Phase 2 -Stage 3 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Planning, Building and Development. 2016-67 A by-law to designate Block 75, Registered Plan 59M-401, not be subject to part -lot control (PLC -2016-004). 2016-68 A by-law to amend By-law No. 79-200, to permit the Lands to be used for commercial purposes (AM -2016-002). 2016-69 A by-law to amend By-law No. 70-69, to restrict the use of the Lands to agricultural purposes only (AM -2016-006). 2016-70 A by-law to amend By-law No. 70-69, to permit a residence not associated with an agricultural use on the Lands, subject to site specific regulations (AM -2016-006). 2016-71 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. 2016-72 A by-law to amend By-law No. 96-50, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2016-73 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. ( Parking Prohibited, Stop Signs at Intersections, Heavy Vehicle Restriction) 2016-74 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14t" day of July, 2016. NEW BUSINESS 5 From: Kim [mailto:kcraitor2@cogeco.ca] Sent: Monday, July 04, 2016 1:20 PM To: Dean lorfida Subject: Fw: Council meeting July 12 Hi Dean This is email I'm referring to. Please confirm Best Wishes Kim Craitor Councillor City of Niagara Falls Cell 2892418439 From: G. Van Kleef <send.chocolate@yahoo.ca> Sent: Monday, July 4, 2016 1: I 1 PM To: kcraitorniagarafalls.ca Reply To: G. Van Kleef Subject: Council meeting July 12 Dear Mr. Craitor, As Director of the Niagara Chapter of Foundation for a Drug -Free World, we would like the opportunity to have council acknowledge the contest winners from our essay and poster contest, "Why I Want a Drug -Free Community" at the council meeting taking place July 12, 2016 at City Hall. Three schools took part in the essay and poster contests — Father Hennepin, St. Mary's and St. Patrick's with a total of nine winners in Grades 5 to 8. In an excerpt from first prize winner in the essay contest, Sophie Szanto, told us, "The reason why I want a drug-free community is so that we can help people change their choices and live their life to the fullest, to let them be happy and most importantly, be healthy. The use of drugs is extremely dangerous, not only for the one using it, but for the people who are around them. ... But this assignment opened my eyes to the serious danger that is called drugs. Not only can it cause ever -lasting damage, it can cause pain and suffering. Families ripped apart into tiny fragments, with no one left to pick up the shattered pieces.... This is the world we live in, we have to make the best of it while we can, and drugs aren't the way to go." Niagara youth like Sophie deserve to be honoured for their understanding of the issue of drug use and abuse. Here are the winners: Essay Contest — Grade 7/8 FIRST PRIZE Sophie Szanto Father Hennepin Catholic Elementary School SECOND PRIZE Daniel Dellavecchia Father Hennepin Catholic Elementary School 2 THIRD PRIZE Cassandra Waters St. Mary's Catholic Elementary School Poster Contest —Grade 5/6 FIRST PRIZE Danielle Beauregard Father Hennepin Catholic Elementary School SECOND PRIZE Portia Salire St. Patrick's Catholic Elementary School THIRD PRIZE Helen Nguyen St. Patrick's Catholic Elementary School Poster Contest — Grade 7/8 FIRST PRIZE Sadie Faye Walters St. Patrick's Catholic Elementary School SECOND PRIZE Chloe Pasco St. Mary's Catholic Elementary School THIRD PRIZE Ellie Corfield Father Hennepin Catholic Elementary School The Foundation for a Drug -Free World is a non-profit, public benefit corporation that empowers youth and adults with factual information about drugs so they can make informed decisions to be drug free. From its headquarters in Los Angeles, California, the Foundation provides educational materials, advice and coordination for its international drug prevention network. It works with youth, parents, educators, volunteer organizations and government agencies - anyone with an interest in helping people lead lives from drug abuse. Our Niagara Region Chapter is proud to continue to provide these resources to the youth in this region. Sincerely, Gwen Van Kleef Foundation for a Drug -Free World Niagara Region 9387 Lundy's Lane Niagara Falls, ON L2E 6S4 rig 3 RECREATION & CULTURE Inter -Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: June 9, 2016 Re: Awards at Council — Tuesday, July 12, 2016 Knights of Columbus Free Throw Championship — Joey Ciampa, Dante De Benedetti, Matteo De Benedetti, & Tavish McMahon Four Niagara Falls students competed in the Knights of Columbus Free Throw Championships this year. The following highlights the students' accomplishments: Joey Ciampa: • Joe Ciampa is a grade 8 student at St. Vincent de Paul and earned third place in the Free Throw Basketball Competition. • In order to qualify to compete at this level, Joey placed first against his grade 8 classmates, and then went on to compete against other Niagara Falls students at St. Mike's High School. Following the Niagara Falls competition, Joe won first in the Niagara Region. In Joey's final competition in Cambridge, he placed third. Dante De Benedetti and Matteo De Benedetti: • Dante and Matteo De Benedetti competed in the Knights of Columbus District 64 Basketball Free Throw Championship held at St. David's Secondary School, in Waterloo • In order to qualify, Dante and Matteo competed at their school, St. Mary's Catholic Elementary School, and then advanced to the local Knights of Columbus Council competition. Upon winning the council level competition, the boys advanced to the district level with another win and advanced to the Regional level. • Dante completed in the age 10 boys with an impressive score of 21 out of 25 baskets, earning him first place. Matteo competed in the age 12 boys category and placed fourth. Tavish McMahon: • Tavish McMahon is a 9 year old, Grade 4 student at ecole St. Antoine De Padoue and won first place in the Regional Free Throw Basketball Competition • In order to qualify, Tavish won first place in his school's free-throw shooting competition against his grade 4 classmates on Jan 26, 2016 • On February 7, 2016, Tavish won first place in the Niagara District Free -Throw Competition held at St. Patrick's Parish Hall. • In the Regional Free -Throw Competition, there were 10 district boys competing. Tavish tied with another boy in regular competition, where both boys shot 19-25 free throws A Great City ... For Generations To Come -2- • Moving into a sudden death round, Tavish shot 5-5 free throws, against the other boy's 3-5, earning Travis first place at the Regional Free -Throw Competition held in Kitchener - Waterloo on Feb 27, 2016. Congratulations to all four boys on their achievements! cc. Dean Iorfida, Kathy Moldenhauer A Great City ... For Generations To Come We are able to accommodate your request for our Tuesday, July 12 Council meeting. Can you kindly advise if you need access to a projector or other visual aids, Council meetings take place at City Hall, located at 4310 Queen Street starting at 5pm, I hope this works for your schedule. Thanks again! Jeff. From: Jamie S [mailto:j mie©sharetheroad,ca] Sent: Thursday, May 05, 2016 9:33 AM To: Jeff Guarasci Cc: Justin Jones Subject: Council Presentation - Bicycle Friendly Community Award Good morning Jeff, Congratulations again on your BFC Award and thanks for attending the summit! I wanted to reach out and see if there was an opportunity for us to formally present the Bronze award to council at one of their meetings. In a few other communities, I have delivered a 5 minute presentation about why you are receiving this award as well as feedback from Share the Road on next steps and getting to Silver. Afterwards, we can take a few photos with council and staff. A great opportunity to spread awareness about the award to all members of council. Let me know if this is of interest to you and what the council schedule looks like in July. I will try and time my visit the same week as I present at Burlington Council and visit my local family. Burlington Council meets on July 4th and July 18th. I look forward to your thoughts, Jamie Stuckless Executive Director Share the Road Cycling Coalition ,Arww. . 3 har etiher;? ad. c a 3 Dean Iorfida From: Neil Babbage Sent: Monday, May 30, 2016 3:21 PM To: Dean Iorfida Subject: City Council Meeting Good day Dean, I would like tom address City Council on my ride from Coast to Coast across Canada for Childhood Cancer. This will be the 3rd time I will have been a member of the Sears National Kids Cancer Ride, at I would like to bring more awareness on my ride and why we do it. The ride also this year will be coming through Niagara Falls on September 18th. If you require any more information you can also look at the foundation web site Coast to Coast Thanks Neil Babbage. 1 Dean Iorfida From: Angela Davidson Sent: Tuesday, May 03, 2016 10:40 AM To: 'Rich Merlino' Cc: Dean Iorfida Subject: RE: Thank you & Follow -Up Hi Rich, I have cc'd Dean lorfida from our Clerks department for an electronic introduction. Dean, Rich Merlino General Manager of Wildplay Niagara Falls would like to do a presentation at the July 12th council meeting regarding the new attractions in Niagara Falls, can you coordinate this? How about we look at next Monday Rich, just let me know what time works for you and where we can meet and I will be there! Thanks and have a great day! Angela Angela Davidson MBA, Ec.D., CEcD Economic Development Officer City of Niagara Falls 905.356.7521 Ext. 5001 From: Rich Merlino [mailto:rmerlino@wildplay.com] Sent: Monday, May 02, 2016 6:40 PM To: Angela Davidson Subject: Re: Thank you & Follow -Up Hi Angela, I also enjoyed our meeting last week. I think it would be prudent for us to take the July 12th date to do a presentation to Council. This week is quite booked up for me, next week would work out better. How is Monday or Thursday morning? Please advise. Thank you. Rich Merlino General Manager - WildPlay Niagara Falls rmerlinowildplay.com www.wildplay.com/niagarafalls OPENING THIS SUMMER! WildPlay's MistRider Zipiine to the Falls, and WildPlay's Whirlpool Adventure Course. Get the latest news via email, or at WildPlay.com Niagara Falls Park Services Headquarters 3659 Stanley Avenue Unit 7 Niagara Falls, ON L2E 0A6 direct: 905-358-6886 cell 905-401-2626 1-855-595-225'1 ext. 603 Visit WildPlay Element Parks in. Kelowna. Maple Ridge. iVanaimo. Victoria - BC j Vl/ood Buffalo - AB l Niagara =ails - ON (Opening Summer 2016) 1 INiagarafaJLs REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department TS -2016-27 July 12, 2016 SUBJECT: TS -2016-27 Victoria Avenue between Bridge Street and Valley Way Designated Bicycle Lanes and Reduced Lane Width RECOMMENDATION That a bicycle lane be designated on Victoria Avenue between Bridge Street and Valley Way. EXECUTIVE SUMMARY Introducing a bicycle lane on Victoria Avenue between Bridge Street and Valley Way is consistent with promoting Active Transportation in Niagara Falls. The designated lanes are separated from the travel lane by painted lines with bicycle symbols. The separate lane reduces potential conflicts between motorists and cyclists. BACKGROUND Active transportation facilities are typically incorporated when new roads/trails are designed. The challenge in retrofitting active transportation networks on existing road infrastructure is the available right-of-way width which is typically shared with a variety of amenities such as traffic lanes, parking lanes, sidewalks and utilities. The available asphalt width on Victoria Avenue between Bridge Street and Valley Way is relatively wide, such that 1.5m cycling lanes can be retrofitted without compromising parking. However, the travel lanes must be reduced from a desired width of 3.5m to 3.30m. A review of practices throughout North America indicate that a reduced travel lane of 3.30m may be adequate given the characteristics of this section of Victoria Avenue. Staff met on site with business and property owners on this section of Victoria Avenue. In addition, the BIA was also contacted and informed of the proposal to include bicycle lanes. Favourable responses were received from all. Staff also circulated the pr posal to various departments within the city to obtain comments and feedback. There as no 2 TS -2016-27 July 12, 2016 negative feedback provided and thus, it is suggested that this section of Victoria Avenue be repainted to provide designated bike lanes. ANALYSIS/RATIONALE The designation of a bicycle lane on Victoria Avenue between Bridge Street and Valley Way is possible subject to the lane widths being reduced to a width 0.25m less than desired. Victoria Avenue is a part of the bicycle network system as noted in the Sustainable Transportation Master Plan 2011. Traffic operations on this section of Victoria Avenue will be monitored for a year to assess the impact of the reduced lane widths. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Including bicycle lanes consists of applying pavement markings and installing signs to indicate the designation. The costs are accounted for in the 2016 General Purposes Budget. The cost to apply the markings and install the signs is approximately $2,000. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENT Study area drawing. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted. M Carrick TS -2016-27 Attachment #1 Sample cross-section Victoria Avenue between Park Street and Bridge Street 40. VICTORIA AVE. F Is 30CIPtiEl TS -2016-27 Attachment #2 Sample cross-section Victoria Avenue between Valley Way and Queen Street Dean Iorfida From: Todd Harrison Sent: Thursday, July 07, 2016 12:53 PM To: Dean Iorfida Cc: Teresa Fabbro; Ken Todd Subject: Water Rate Power Point. Dean, I want to include the power -point from the public discussions on the water rate in the package if possible. There will be a second part of the presentation, that will go out Monday as part of the council additions that will discuss recommendations. But at least this way they have something to look at over the weekend!! Water and Sewer Rate Structure Review July 12, 201 Introduction Council advised staff to complete a rate structure review in order to : • Compare City of Niagara Falls water rates to other municipalities in Ontario • Provide alternatives to the current billing structure • Listen to feedback and address concerns of the residents N�ia ara alls.J 07/07/2016 1 07/07/2016 City vs. Regional Responsibilities The supply of water and treatment of sewage is a collaboration between the City and the Niagara Region. Niagara Region: • Owns and operates the water and sewer plants • Sells the water to the City • Charges the City for the treatment of water and sewage Niagara IWO Region City vs. Regional Responsibilities City of Niagara Falls • Owns and maintains the pipe network that distributes the water and collects the sewage • Bills and collects fees for water and sewer service from all rate payers NiffrAi;acti 2 Current Rate Structure • Water and Sewer billing is compromised of fixed service charges and volumetric charges based on consumption • Each charge is designed to collect sufficient revenues to offset the direct costs • Fixed service charges are intended to offset the cost of maintaining the water and sanitary sewer systems and are not dependent on the amount of consumption incurred • Volumetric charges are based on the water consumption at the property Current Rate Structure • Water Consumption Charge $o.959 per cubic meter • Sewer Consumption Charge $1.2474 per cubic meter • Water and Sewer Service Charges are fixed, based on meter size and increase in cost as meter size increases 07/07/2016 3 07/07/2016 fl15 Water Rate Card N ara� 4„ s 2015 Water Rates Service Cluny' -*Yew Lsee We tear) &woks Chugs.- S.we (Bee ewe tea.) tieica sme/e. ,r. weed 1*et 1•1.WWII n Ccefewilow Clow—Weir 002474b r ceellerr Ce.uwp0o. P CIr—See.& 45124TUad'c WW1. RATE TABLE KA ROO 114V SERVICE CnA6G 10~Sli0 Wow Rai 5dr.7R4e. 15mn 19e'1 511 W 126.44 lees pc) SY166 620.43 25.m 0.1 ULA0 $20.43 i7mn (I121 66360 1129 50..n 2) S12800 612236 79.., (3) 525200 pis se morn (4-) 54000 644.446 150ern t-) 16200 16666 200e.n Or) 61}76.00 61.33225 250rn j10' 52.205.00 5214615 Budget Expenses Fixed Rate Water Expenditures • Salaries and wages • Materials • Contracted Services • Financial Expenses • Transfer to Capital Assets • Fleet Costs Fixed Rate Sewer Expenditures • Salaries and wages • Long Term Debt Interest • Materials • Contracted Services • Financial Expenses • Long Term Debt Principal • Transfer to Capital Assets • Fleet Costs 4 Budget Expenses Volumetric Rate Water Expenditures • Cost of water purchases from the Region • Regional fixed water charges • 75% volumetric, 25% fixed • Includes Water Loss, . Unbillable water (distribution loss, theft, flushing) Volumetric Rate Sewer Expenditures • Regional fixed sewer charges • i00% fixed • Based on proportional share of regional sewage costs • Year end adjustment for future years costs Storm Water Expenditure • At present, storm water maintenance expenditures are included in the general purposes budget • Capital expenditures are included in sewer separation program • Maintenance expenditures for example, WRAP program are funded through the sanitary sewer budget • Engineering staff are currently updating the storm water management plan 07/07/2016 5 07/07/2016 Capital Asset Management Plan Annual funding needed to sustain infrastructure: Budget Impacted Annual Budget Capital Asset Annual Plan Infrastructure Requirement Deficit (2013) Water $4,100,000 Sanitary Sewer $4,730,000 $6,07,000 07,000 $L977,000 $6,496,000 - $1,766,000 Situational Analysis Across Ontario 6 How is water billed across Ontario? • Sample of 5o municipalities across Ontario • Comparison of water and sewer rate structure • Comparison of water rates based on low and high residential users 441W ater and Sewer Rate Structure Determination z(4%) 9 (t&%) a Water & Sewer Service Charges ▪ Volumetric Charges Only ■ Volumetric Water and Sewer Charge, Service Charge Water 39 (78%) Only J 07/07/2016 7 07/07/2016 Service Charge Determination r1.11=1•111111---1 r �1 011111=111111111=1-1 r � Service Charge Determination i(z5%) t (2.5%) • Meter Size • Uniform to All Customers a Type of Customer • Number of Units Residential Consumption Number of Accounts 250) 2000 -- 1500 1000 500 0 1 Residential Consumption • Mean 18o cubic meters • Median 155 cubic meters I_iIii. . . Consumption 8 11111111106 How Does Niagara Falls Rank? 100 cubic meter users How Does Niagara Falls Rank? loo cubic meter users Sr,600-0o 81,400.00 • too Cubic Meters Yearly Total Charges Pembroke 11342 20 81,000.00 ---4,-4---- 9800.00 rrrr;rr ... 8600.00 8400,00 9200.00 80.00 ___------ _- __- o an 20 Niagara Falls 8717 80 •00.,..•0* ......r. 30 40 N'• Mississauga 8189 66 07/07/2016 9 Pembroke 51342.20 18 10666e6 1 UV 35 i311IiwA(00,hlm•R4pcn) 5520.38 2 Prince Edward County 51,261.64 19 Peterborough 5712.43 36 Pelham 5515.72 3 Fort Erie 51.022.54 20 Welland $699.11 37 Waterloo 549180 A Port Colborne $973.02 21 Sault Ste. Marie 5686.40 38 Brantford 546364 *. Collingwood 5962.12 22 Newmarket 5682.80 39 Stratford $450 24 f` Kawartha Lakes 5957.30 23 Gananoque 5674.16 40 Kitchener 5449,42 Sarnia 592138 24 Quinte West{lfrenton) 5674.00 41. Orilla S434.52 8 North Bay 5917,68 25 West Lincoln 566196 42 Aurora $424.03 y Kingston 5832.68 26 Thorold 5650.10 43 Georgina(Keswick) 5423.20 1( Norfolk Cpunty 5807.20 27 London 1562.75 44 Ottawa $408.66 11 Niagara -on -the -Lake 5792.99 28 Barrie $558.39 45 Richmond Hill 5392.84 11 Windsor 5787.64 29 Cambridge 5554.00 46 Hamilton 5353.00 13 Haldimand $76791 30 Guelph 5540.80 47 Toronto 935140 14 Innisfil 5767.34 31 5t. Catharines $53950 48 Vaughan $339.10 1^ Thunder Bay 5756.54 32 Port Hope 5538.16 49 Markham 533154 sd Belleville 574949 33 Oakville (Halton Region) $538.15 50 Mississauga )Peel Region) 5189,56 1 Chatham -Kent 5725.00 34 Midland 553004 How Does Niagara Falls Rank? loo cubic meter users Sr,600-0o 81,400.00 • too Cubic Meters Yearly Total Charges Pembroke 11342 20 81,000.00 ---4,-4---- 9800.00 rrrr;rr ... 8600.00 8400,00 9200.00 80.00 ___------ _- __- o an 20 Niagara Falls 8717 80 •00.,..•0* ......r. 30 40 N'• Mississauga 8189 66 07/07/2016 9 How i8o Does Niagara Falls Rank? cubic meter users (Average Residential) 1 Prince Edward County_ 51.628,04 18 Sarnia $95804 35 Brantford 9746.04 2 Pembroke 91,619.16 19 Haldimand 5953.89 36 Barrie 5739.09 3 Kawartha Lakes $1,289.41 20 Peterborough Gananoque 9913.22 9904,56 37 38 Oshawa (Durham Region) Quinte West (Trenton) 9724.14 S723. 60 4 Fort Erie $1.218.78 21 5 Stratford 51,214.48 22 Chatham -Kent 9901.80 39 Oakville (Hal ton Region( 9708.13 6 Port Colborne 91,159.50 23 Windsor 5901.40 40 Pelham 5694.87 7 Collingwood 91.085,64 24 Nia ora Falls 589431 41 Georgina (Keswick) $669.60 8 North Bay. $1.070.83 91,042.54 25 26 Cambridge West Lincoln 9864.82 5864.36 42 43 Aurora Oriella 5663.63 5652.92 9 lnnlsjlll 10 Norfolk County $1,035.32 27 Thorold 5860.58 44 Toronto 9632,51 11 Welland $1,020.81 28 Port Hope 5810.96 45 Richmond Hill 562172 12 Kingston $991.27 5990 98 29 30 Kitchener Guelph 9808.96 5806.40 46 47 Vaughan Markham 5610.38 5596.77 13 London 14 Thunder Bay 5985.30 31 Waterloo 5792.60 48 Ottawa 5544.50 15 Belleville $980 49 32 St. Catharines 9781.50 49 Hamilton $462.60 16 Niggaraatn•the take 597388 33 Sault Ste. Marie 5773.76 50 Mississauga 5365-07 17 Newmarket 5960 24 34 Midland 5753.24 How Does Niagara Falls Rank? i8o cubic meter users (Average Residential) Si.8oauoo Prince Edrvaid County 51.60oaaa 18o Cubic Meters Yearly Total Charges 15-o - ►a•-- 4 Via„HIN FA. ++ia_.__ wlvu0 0 10 • Mis-sissauga 5365.0] 10 30 40 50 6o 07/07/2016 10 lipow How Does Niagara Falls Rank? 300 cubic meter users 52,500.00 9a.000.uo 300 Cubic Meters Yearly Total Charges Prince Edward County 52177,64 • • 06500.00 . 9500.00 10 20 Niagara F.kgra5q,98. r 30 40 5 Mississauga 0568.98 6o 07/07/2016 11 How Does Niagara Falls Rank? 300 cubic meter users 'lliMilli 1 Prince Edward County $2,177-64 18 --•':1 iaool.. Collingwood $. 35 St Catharines i 51,144.50 2 Pembroke 52,034.60 19 Gananoque 51,250 16 36 Qulnlewest ffrenlanli 51,098.00 3 Kawartha Lakes 51,72.7S8 24) Niagara -on -the -Lake S1,245 21 37 Midland 51,088.04 4 Fort Erie 51,513.14 21 Waterloo 51,243.80 38 Richmond Hill 51,083.64 5 Welland 51,501.35 22 Haldimand 51.232.85 39 Toronto 51.054,19 6 Innisfil 51.455.341 23 Kingston S1,229.16 40 Hamilton 51,035,00 7 London 51,447.61 24 Peterborough 51,221.69 41 Oshawa (Durham Region) .$1,029.78 8 Port Colborne $1,439.22 25 Guelph 51.20480 42 Vaughan 51,017 30 9 North Bay 51,497.66 26 Thorold 51,176.30 43 Sarnia 51.013,02 10 Windsor 51.395.97 27 Brantford 51,169.64 44 Barrie 51,010.13 11 Norfolk County 51,380.00 28 West Uncoln 51,167-96 45 Markham 5994.62 12 Newmarket 51,376.40 29 Georgina (Keswick) 51,167 20 46 Odllla 5980.52 13 Kitchener 51,348.26 30 Chatham -Kent 51,167 00 47 Stratford $978 24 14 Cambridge 51,331,04 31 Sault Ste. Marie 51,16016 48 f+glhm. 5963.60 15 Thunder Bay 51.328-44 33 Niagara Falls 51,159.08 49 Oakville (Halton Region) 5963.09 16 Belleville 51,326.99 33 Aurora 51.157.37 50 Mississauga(Peel Regi on) 5568.98 17 Port Hope 51,297,561 34 Ottawa 51,146.03 lipow How Does Niagara Falls Rank? 300 cubic meter users 52,500.00 9a.000.uo 300 Cubic Meters Yearly Total Charges Prince Edward County 52177,64 • • 06500.00 . 9500.00 10 20 Niagara F.kgra5q,98. r 30 40 5 Mississauga 0568.98 6o 07/07/2016 11 Ontario Analysis Summarized • 10o cubic meters residential users City of Niagara Falls is 18th highest rates out of the 5o cities sampled • 18o cubic meter residential users City of Niagara Falls is 24th highest out of the 5o cities sampled • 30o cubic meters residential users City of Niagara Falls is 32nd highest rates out of the 5o cities sampled Niagara Falls City of Niagara Falls 2015 Water and Sewer Statistics Niaga Jpallars� 07/07/2016 12 Commercial vs. Residential Number of Accounts Commerical vs. Residential by Account Status Total Number of Accounts Total Consumption — Active Sent to Credit Bureau Finalized Inactive Pending Final_ Grand Total %Of Accounts 21,659.53 Commercial r} 793.00 2.00 r 51_00 400E • 850.00 _ 3% 3.3994 (Residential 27,95800 ' 101.00 t 2,876.00 24.00 4100 r 31000.00 97% C7- Commercial 4" Grand Total 28,751.00 103.00 1927.00 28.00 4100 31.850,00 10054 2.00 46,190.00 Total Consumption by Meter Size 7815 Consump tun{CMI Class Code Total Number of Accounts Total Consumption % of Total Consumption C1- Commercial 5/8X3/4" 197.00 96.32910 0.82% C10- Commercial 10" 2.00 21,659.53 0.1896 C3- Commercial 1" 116.00 186,647.90 1.5954 C4 -Commercial 1 1/2" 149.00 397,38047 3.3994 C5 -Commercial 2" 24200 9935`69.00 8.47% C6- Commercial 3" 81.00 970,587.09 8.27% C7- Commercial 4" 4100 977,968.50 8.33% C8- Commercial 6" 2000 1,883,145.00 16.04% C9 -Commercial 8" 2.00 46,190.00 0.39% R1 -Residential 5/8x3/4" 30.566.00 5,481.447.24 4670% R3 -Residential 1" 24900 242,48420 2-07% R4. lfesldenklal 1 Ur 104.00 183,965.40 157% 95- Residential 2" 81.00 255,909.50 2.18% Grand Total 31,85 0.00 11, 737, 282.93 100.00°% 07/07/2016 13 • Commercial vs: Residential Consumption Commercial us. Residential Consumption Total Number of Accounts Total Consumption % of Total Consumption ComrmeaTial 85Q 00 5.573.476.59 47 49% Residential 31,000.00 6,163,80634 52.51% Grand Total 31,850.00 11,737.282.93 100.00% City of Niagara Falls Rate Structure 07/07/2016 14 Description • 5 different rate structures were analyzed in order to compare the effect on both residential and commercial accounts • Rates were calculated to continue to maintain a balanced budget based on 2015 values • Developed the options based on percentage of revenue From each revenue stream. For example Volumetric/Consumption vs. Fixed/Service Charge. The 5 different rate structures include: • Current Rate Structure (57% volumetric, 43% service charges) • '75% Volumetric 25% Service Charges • i00% Volumetric • i00% Volumetric Water and 100% Fixed Charge for Sewer • Infrastructure Expenditure Based Option 1: Current Rates 5.. 5/8X3/4" $21.00 1" $21.00 1.5" $63.00 2" $126.00 3" $252 00 4" $462 00 6" $882 00 8" $1,575.00 10" $2.205.00 $20.43 $20.43 $61 29 $122 58 $245 16 $449 46 $858.06 $1,532 25 52.145 15 $4143 $41 43 $124 2' $248 5: $497 1, $911.4. $1,740,0. $3,107.2 350.1 Annual Cost per Average Residential User (18o cubic meter): $894.31 07/07/2016 15 4017 ' 4,4 Option 2: 75% Volumetric 25% Service Charges Volumetric Rate rAr Water Sewer $L31 $1.52 Service ChargesVeter 5ixe) 5/8 X 3/4"' 1" 1.5" 2" 3" 8" 10" $12.52 $12.52 $37-55 $75.10 $150,19 $275.35 $525.67 $938.70 $1 l 1448 $13.20 $13 20 $39.61 $79.21 $158.42 $290.44 $554,48 $990.14 $1,3®620 $25. $25.7 $77.1 $154.31 $308.61 5565.7• i1,O80.I slsze. - - S2 700. • 37% increase in water volumetric charges • 22% increase in sewer volumetric charges • 4o% decrease in water service charges • 35% decrease in sewer service charges Annual Cost per Average Residential User (18o cubic meter): $817.85 Option 3: 100% Volumetric �ia[r+ISiweri Water Sewer §,i(4 M $1.75 S2.03 • 82% increase in water volumetric rate • 63% increase in sewer volumetric rate • No service charges Annual Cost per Average Residential User (18o cubic meter): $678.96 07/07/2016 16 Option 4: 100% Volumetric on Water and 100% Fixed Charge for Sewer Vviu masrlc Rase r.g/ifte/$ vYr Water Sewer $1.745 So.000 sri.icc ;L,<e !rae!cr SuC4 5/8 X 3/4' 1" 1.5" 2" 6" 8" 10" 50.00 50.00 50.00 $0.00 50.00 50.00 $0.00 50.00 50.00 552,75 552.75 5158.26 5316.53 $633.05 $1,160.60 52,215.69 $3,956.59 5 539.23 • 82% increase in water volumetric • i00% decrease in sewer volumetric • i00% decrease in water service charge • 158% increase in sewer service charge Annual Cost per Average Residential User (i8o cubic meter): $947.24 Option 5: InfraStruc Expenditure vaium6use Raae• Water Sewer 51.39 51,58 .. IYIEerr.ilee, • •Wmrr (fine Mirrizx 5/8X3/4" 510.19 1" 1.5" 4" 6" 8" 10" $10.19 $30.58 561.17 5122.33 $224.28 5428.17 5764.58 $1,070.42 511.76 521.96 511.76 $35.28 $70.57 5141.13 5258.74 $493.96 $882.07 51,234.89 521.96 565.87 5131.73 $263.46 5483,02 5922,17 51,646, 65 S2,305.31 ure • 45% increase in water volumetric charges • 27% increase in sewer volumetric charges • 51% decrease in water service charges • 42% decrease in sewer service charges Annual Cost per Average Residential User (18o cubic meter) : $775.26 07/07/2016 17 How do these rates effect the average residential and commercial consumer? Residential Comparison Dollars Billed $1,200.00 $1,000.00 - $800.00 $600.00 $400,00 $200.00 Residential Accounts Current 75% Volumetric, 25% Service 100% Volumetric Charge Rate Options 100% Volumetric Water, Fixed Charge Sewer Intastructure Expenditure 300m3 180m3 100m3 ■ 100m3 • 180m3 300m3 07/07/2016 18 Commercial Comparison Dollars Billed $40,000,00 $35,000.00 $30,000.00 $25,000.00 $20,000.00 $15.000.00 $10,000.00 $5,000.00 S. Small Commercial Accounts Current 75% Volumetric, 25% Service Charge 10096 Volumetric Rate Options 100% Volumetric Water, Fixed Charge Sewer Infastructure Expenditure ■ r 3,500m3 • 2" 10,000m3 s 4" 9,329m3 Commercial Comparison Dollars Billed $1,800,000.00 $1,600,000.00 $1,400,000,00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000 00 $400,000.00 $200,000.00 Large Commercial Accounts 75% Volumetric, 25% Service 100% Charge Volumetric Rate Options 100% Volumetric Water, Fixed Charge Sewer Infastructure Expenditure - 16" 67,565m3 ■ 4" 150,702,e3 r 6" 445,004,n3 07/07/2016 19 Feedback Questions • Comments • 07/07/2016 20 Rate Comparison- 5 Options Option 1 Option 2 Option 3 Option 4 Option 5 Meter Size Consumption in cubic meters Current 75% Vol, 25% 100% 100% Vol Water, 100% Rates I Service , Volumetric Fixed Sewer Infrastructure Expenditure 5/8" Average Residential 180.00 $ 894.31 $ $ 817 85 678.96 $ 947.24 $ 775.26 2" Commercial 3,500.00 $ 10,875.36 $ 11,753.39 $ 13,202.27 $ 9.911_52 $ 11,959.34 2" Commercial 10,000.00 $ 25,499.93 $ 30,142.27 $ 37,720.77 $ 21,257.48 $ 31,233,80 4" Commercial 9,329.00 $ 31,993.07 $ 33,183.22 $ 35,191.60 $ 30,226.17 $ 33,460.99 4" Commercial 150,792.00 $ 350,251.05 $ 433,360.55 $ 568,761.36 $ 277,136,10 $ 452,910.30 6" Commercial 67,565.00 $ 173,019.79 $ 204,105.71 $ 254,858.52 $ 144,551.10 $ 211.414.60 6" Commercial 445,004.00 $ 1,022,230.48 $ 1,271,902.53 $ 1.678587.61 $ 803,383,12 $ 1,330.635.03 Feedback Questions • Comments • 07/07/2016 20 S2I311VIN DNINNV7d Niagarap,0 s REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-31 July 12, 2016 SUBJECT: PBD -2016-31 AM -2016-009, Zoning By-law Amendment Application 5741 McGrail Avenue Applicants: Tim and Evan Burke, Jon Grossi Proposal: Conversion of Existing Building into 7 Vacation Rental Dwelling Units and Allowance for Other Tourist Servicing Uses RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the property site specific Tourist Commercial (TC) permitting up to 7 vacation dwelling units, a hostel and the uses permitted in the TC zone, save and except for dwelling units, recreational uses and a day nursery, and subject to establishing a site specific parking requirement of 1.25 spaces per vacation dwelling unit. EXECUTIVE SUMMARY Tim and Evan Burke and Jon Grossi have submitted an application to amend Zoning By- law No. 79-200 for 5741 McGrail Avenue. The property was formerly used as a hostel. The applicants are proposing to convert the 3 storey building into 7 vacation rental dwelling units. The current site specific Tourist Commercial (TC) zoning of the property that limits its use to a hostel is requested to be replaced with a new site specific TC zone that would permit the vacation rental units, and as an alternative, a hostel and the uses permitted in the Tourist Commercial (TC) zone, save and except for dwelling units, recreational uses and a day nursery. In addition, a site specific parking requirement of 1.25 spaces per vacation rental dwelling unit is proposed to be established. The amendment is recommended for the following reasons: The property is located in the Central Tourist District which is to include a wide mix of attractions, accommodations and services. The proposed vacation rental dwelling units are an alternative form of accommodation that is growing in popularity globally and in the City and which would be compatible with other tourist serving uses in the City's tourist districts. West of Victoria Avenue, tourist related uses are to provide an appropriate transition and relationship with the adjacent residential and institutional uses. The building on the property was formerly an apartment building, but most recently a hostel. The conversion of the building into vacation rental dwelling units would provide an alternative form of tourist accommodation and provide an appropriate transition between more intensive tourist uses south of McGrail Avenue and residential and non-commercial uses to the north; 2 PBD -2016-31 July 12, 2016 Vacation rental dwelling units have their own cooking, sleeping and sanitary facilities and are rented out in their entirety to one group of travellers at a time for a period of less than 28 days. They are similar to other accommodation uses permitted under the TC zone with the exception that they include facilities to prepare meals and typically no owner or manager is present on-site; The request to allow typical TC uses on the property in addition to vacation rental dwelling units is supportable because surrounding properties are zoned the standard TC zone permitting a wide range of commercial uses. Site specifically eliminating the opportunity for dwelling units, recreational uses and a day nursery, will ensure that uses that are sensitive to nearby industry and that can create land use conflicts are not located on the property; and A parking ratio of 1.25 spaces per vacation rental dwelling unit is acceptable in this case because the property is in proximity to the primary attraction area for tourists and commercial parking lots. BACKGROUND Proposal Tim and Evan Burke and Jon Grossi have requested a Zoning By-law amendment for an 845 square metre (0.2 ac.) parcel of land known as 5741 McGrail Avenue. Refer to Schedule 1 to locate the site. The zoning amendment is requested to permit the existing building to be converted into 7 vacation rental dwelling units and to re-establish the opportunity for most of the standard TC uses. Schedule 2 shows details of the property. The property is zoned site specific Tourist Commercial (TC -801), in accordance with Zoning By-law No. 79-200, as amended by Zoning By-law No. 2007-208, which limits the use of the property to a hostel. The applicant is requesting the property be rezoned to a new site specific Tourist Commercial (TC) zone, permitting most of the uses in a TC zone, a hostel and 7 vacation dwelling units. To avoid land use conflicts with a nearby industry, dwelling units, a day nursery and recreational uses that are sensitive to industrial uses are proposed to be site specifically excluded from the list of permitted uses. In addition, a site specific parking standard of 1.25 parking spaces per vacation rental dwelling unit is requested. Site Conditions and Surrounding Land Uses The property is occupied by a 3 storey building which was originally contained 8 apartment units. In 2007, the building was approved to be converted into a hostel. The building is now vacant. The property can accommodate 8 vehicles in the rear yard. The property is surrounded by residential dwellings to the north and west, a commercial parking lot to the south, and the Sterling Inn and the Greg Frewin Theatre to the east. The Post Cereals plant is located a block to the north. 3 Circulation Comments PBD -2016-31 July 12, 2016 Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara The proposed zoning is consistent with Provincial and Regional policies. The amendment will facilitate the reuse of an existing building, making more efficient use of urban services, land and existing infrastructure. Having regard to the Provincial D-6 guidelines, the proposed uses are not considered sensitive to the nearby Post Cereals plant and there appear to be no land use compatibility issues. Should the proposed vacation rental dwelling units exceed the limit for Regional waste collection for the site, the owners will be required to arrange for private waste collection. • Building Services, Fire Services No objections to the rezoning. A Building Permit is required to convert the building into vacation rental dwelling units. Technical requirements will be addressed at the time of Building Permit submission. • Municipal Works, Legal Services, Parks Design, Transportation Services, Transit No objections to the rezoning. Neighbourhood Open House No adjacent land owners attended the neighbourhood open house on June 1, 2016 to hear about the proposal or offer comments. ANALYSIS 1. Vacation Rental Dwellings Vacation rental dwellings are an alternative form of accommodation that is growing in popularity globally and in the City. A vacation rental dwelling is a dwelling unit that is rented in its entirety to one group of travellers at a time for a period of less than 28 days. They are similar to other accommodation uses permitted in the City's tourist areas with the exception that they include facilities to prepare meals and typically no owner or manager is present on-site. Rental arrangements are often made via the Internet. The City received its first zoning amendment application for a vacation rental dwelling (also known as a cottage rental dwelling) approximately 14 years ago. 4 PBD -2016-31 July 12, 2016 Since that time Council has approved 15, most of them being in residential areas. There have been limited issues with the ones that have been approved. However, the City is receiving more frequent complaints as illegal vacation rental dwellings are established in residential areas. Excessive noise, on -street parking and a lack of property maintenance are often noted. Several years ago the City received zoning amendment applications to legalize two vacation rental dwellings which had been established in a residential area. Both were strongly opposed by surrounding residents. One of the applications (AM -2011-012, 4080 Hickson Avenue) was approved by Council, but turned down by the Ontario Municipal Board. The second application (AM -2011-015) for 5401 River Road was withdrawn. As a result of these two applications, Council requested staff to investigate appropriate polices, zoning and licencing standards for vacation rental dwellings. This study, which has included an open house with residents, existing operators and a review of other municipalities, is ongoing and staff hope to report to Council in the near future. The concern about vacation rental dwellings as well as the focus of the study has been their location, operation and impact in areas intended for residential purposes. To date no vacation rental dwellings have been proposed in the tourist commercial area even though this is where the majority of tourist accommodations are expected. Staff is of the opinion that vacation rental dwellings should be permitted in areas designated and zoned Tourist Commercial because this is where accommodations are directed and permitted and that consideration of this application does not compromise the on-going study. 2. Official Plan The subject property is designated Tourist Commercial in the City's Official Plan and is located within the Central Tourist District and the Clifton Hill Tourist Subdistrict. Lands within the Central Tourist District are intended to include a wide mix of attractions, accommodations, and services. Tourist related uses west of Victoria Avenue are to provide an appropriate transition and relationship with adjacent residential and institutional uses. The proposal conforms to the Official Plan as follows: The proposed vacation rental dwelling units are an alternative form of accommodation that is growing in popularity and would be compatible with other tourist serving uses in the City's tourist districts. The existing building was formerly an apartment building and a hostel. A measure of land use compatibility has evolved with surrounding properties. Its conversion to vacation dwelling units would provide an alternative form of tourist accommodation and provide an appropriate transition between more intensive tourist uses south of McGrail Avenue and residential and non- 5 PBD -2016-31 July 12, 2016 conforming uses to the north. The proposal does not create additional impacts on the surrounding area, or on transportation and servicing infrastructure. 3. Zoning By-law The applicant has requested a new site specific Tourist Commercial (TC) Zone which will permit the 7 proposed vacation dwelling units, a hostel and add the uses permitted in the standard TC zone, save and except for dwelling units, recreational uses and a day nursery. The requested zoning is appropriate for the following reasons: The surrounding properties are zoned the standard TC zone permitting a wide range of tourist serving commercial uses; Vacation dwelling units are dwelling units that provide accommodation for travellers and are compatible with other forms of accommodation in tourist areas including hostels, hotels, motels and tourist homes; The amendment will re-establish most of the uses originally permitted on the property. The amendment will preclude land uses that are sensitive and incompatible with the nearby Post Cereals plant; To date the City has required one parking space per vacation rental dwelling unit. Staff are reconsidering this standard particularly in locations well removed from tourist attractions. The requested parking ratio of 1.25 spaces per vacation rental dwelling unit is appropriate in this case because the property is in proximity to attractions and commercial parking Tots. The applicant will be required to apply for a Building Permit to address Building and Fire Code issues. In addition, the applicant will be required to apply for a license through the Clerk's Department before offering the vacation rental dwelling units for rent. FINANCIAL IMPLICATIONS The reuse of a currently vacant building will generate property tax revenue. CITY'S STRATEGIC COMMITMENT The proposal does not impact on any of the Strategic Priorities. LIST OF ATTACHMENTS 6 Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: PBD -2016-31 July 12, 2016 Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted. A.Bryce:mb Attach. I p Y Kenfrodd, Chief Administrative Officer S:\PDR\2016\PBD-2016-31, AM -2016-009, Tim and Evan Burke, Jon Grossi, 5741 McGrail Ave, Zoning By-law Amendment.docx 7 SCHEDULE 1 LOCATION MAP Subject Lid PBD -2016-31 July 12, 2016 <NN.//. -9 00 Amending the Zoning By-law No. 79-200 Hay 2015 Location: 5741 McGrail Avenue Applicant: Jonathan Grossi, Tim Burke and Evan Burke AM -2016-009 8 PBD -2016-31 July 12, 2016 SCHEDULE 2 00 EXISTING 10' C9m] WIDE LANE 54.45' [IbbOm] PRECAST GONG. CURBS LOT :35 1 LOT 36 EXISTING HYDRO KIOSK 4.15' LOT ,3 { Ex. rva TO REMAIN ti- PRE6AST GONG. CURBS FROPO5EP f4 NEW DECK f� 1211 32'L x 614 13.66mx4.75mx1J324 EX. SINGLE STOREY BASEMENT VJALKGVT V295' a on1 3.21 o. ' 54.45' [16.6.Or tj 13G3' wool Z 1 J to tE 1 51PEWALK 444 (1.22m] l EXIST. GONG. i,1F�B EA. SIDEYIALIZ McGRA/L AVENUE SITE PLAN SCALE: 1:150 SNOI1V3INf11NINO3 Dean Iorfida From: David Jovanovic <davidjovanovic.11bia@gmail.com> Sent: Thursday, July 07, 2016 1:16 PM To: Dean Iorfida Cc: Tish DiBellonia Subject: New Slate of Directors to the Board of the LLBIA Hi Dean, On June 29, 2016, the LLBIA held an AGM with full election for Director's to the Board. The new board consists of: Tish DiBellonia - Americana Resort Maureen Cade - Best Western Plus Cairn Croft Marjorie Rudy - Canada One Outlets Lisa Tokus - Ramada Plaza Anne Radojcic - Super Putt Frank Cianfagna - Tim Hortons Hilary Sitlani - Space Motel Jay Malak - Three Diamond Inn Tony Vommero - Confort Inn Tom Roberto - Strada West Fern Collavecchia - Johnny Rocco's Victor Pietrangelo - City Council Rep Elections for LLBIA Executive will be held at July 19 LLBIA Board Meeting. This makes 12 of the 15 available seats filled. The LLBIA will continue to look for members that are interested in being active members on the Board. I will drop off the Audited 2015 Financial Statements later this afternoon. Please present this slate and 2015 Financials to council for approval. Best Regards, David Jovanovic Project Administrator Lundy's Lane BIA PO Box 26008, Lundy's RPO Niagara Falls, Ontario L2G 7K2 Tel: 905 401 8247 email: davidjovanovicalbia gmail.com 1 RECREATION & CULTURE Inter -Departmental Memo To: Mayor James M. Diodati and Members of Municipal Council From: Kathy Moldenhauer, Director of Recreation & Culture Department Date: Tuesday, July 12, 2016 Re: Outdoor Swimming Pools November 24, 2015, City Council approved R&C-2015-16 Outdoor Pool Review report. Council approved three City pools — FH Leslie, Prince Charles and Buck Hinsperger operate for 9.5 weeks starting June 30th to Sunday, September 4th and two pools- NF Lions and EE Michelson operate for 8.5 weeks, June 30th to August 28th. Overall the City outdoor pools will be operating for a longer season this summer as compared to past summers operation season of 8.5 weeks. Recreation & Culture staff received a few inquiries regarding the summer 2016 operating hours. The following two charts outline the operating hours for the outdoor pools and splash pads. Outdoor Swimming Pool 2016 Schedule Pool Operating Dates Lesson Times Adult Swim time Afternoon Public Swim* E.E. Michelson June 30 — 9 am —12 noon August 28 Prince Charles F.H. Leslie NF Lions Buck Hinsperger 12 — 1 pm June 30 — Sept 4 9 am — 12 noon June 30 — Sept 4 NA — 4 pm 9am-12 noon 12-1 pm June 30 — August 28 — 4 pm — 4 pm Evening Public Swim** 6-8 pm 6-8 pm 6-8 pm 6-8 pm Swim team 4:30 — 6 pm June 30 — Sept 4 NA NA — 4 pm NA 1 — 4 pm NA —8 pm Extend to 5 pm during Heat Alerts **Extend to 8:30 pm during Heat Alerts A Great City ... For Generations To Come Splash Pad Operating Schedule Splash Pad 1 Operating Dates E.E. Michelson Prince Charles F.H. Leslie NF Lions MacBain Community Centre Park MacBain Community Centre Park Operating Hours June 3 to mid-September (weather permitting) 9:00 am — 8:00 pm The operating and capital costs to maintain five outdoor swimming pools continue to increase each year. Participation numbers are decreasing and operating expenses such as utility and labour costs are increasing. To maintain the aquatic expenses at 2015 budget levels pool operating hours have been tweaked. The afternoon free public swim sessions are scheduled from 1 — 4 pm. The break between 4 — 6 pm allows the participants and staff to have a rest from the sun and a proper dinner break. The break also permits maintenance staff to ensure the chemical levels of the City pools are maintained at the proper levels. During a heat alert public swim times will be extended to 5:00 pm and 8:30 pm. If the afternoon public swim was extended to 5:00 pm for all five pools for the months of July and August the cost is $25,347.00. Aquatic staff will monitor the afternoon and evening public swim attendance numbers to determine if the revised times will be implemented next summer. The public swim times are similar to other municipal swimming pools in the Niagara Region. A Great City ... For Generations To Come Dean Iorfida From: LUCY DI NUNZIO _ Sent: Tuesday, June 21, 2016 1:05 PM To: Dean Iorfida Subject: Re: Request to Speak at City Council Meeting Hi, I did speak on Friday with Hanya Goforth. It was a good conversation. I would still like to speak at the council meeting in July. Thank you Lucy Di Nunzio On 2016-06-16 12:18 PM, Dean Iorfida wrote: > Sorry Lucy that I haven't had time to acknowledge your email. > I will make contact with you closer to the date of the July Council meeting. > Thanks > Dean > Original Message > From: LUCY DI NUNZIO [mailtu. > Sent: Tuesday, June 07, 2016 2:30 PM > To: Dean Iorfida > Subject: Re: Request to Speak at City Council Meeting > Hi, > Thanks for the reply. I am concerned because the neighbourhoods rely on the pools. Services are being reduced, yet City taxes are not being reduced. There is no valid reason for this. Lifeguards have plenty of time to eat. One hour is more than enough. No one has a 2 hour dinner break. Please read the letter I have attached. 1 would still like to request to speak at City Council meeting in July. > On 2016-06-07 10:04 AM, Dean Iorfida wrote: » Ms. Di Nunzio: » Thank you for the email. We have our meeting to set the Council agenda two weeks in advance of the date, as these things require organization. » To your issue, I can report the following: » Outdoor pools will be opening Thursday, June 30th for the summer season. The free afternoon public swim times have been reduced to 1- 4 pm from 1-5 pm due to limited attendance numbers from 4 - 5pm. Closing the pools at 4 pm permits the guards to have a proper unpaid meal break between 4:15 pm - 5:45 pm. In the past their "hour" dinner break was 5:15 - 5:45 pm in order to close and reopen the pools. Staff believes a three hour afternoon public swim is adequate to meet the public needs. The pools reopen for evening public swims at 6 - 8 pm. The change in hours will be reviewed at the end of the season but a fair amount of advertising and social media regarding the times has already taken place. Of course, during heat waves, the City will endeavour to extend the pool hours. » Splash pads are currently open 9 am - 8 pm throughout the City. » If you wish to discuss this further, please contact Ms. Hanya Goforth at 905-356-7521, Ext. 4140. » Although I cannot entertain a deputation at this time, if you wish to send me a correspondence, I can forward it to Council's attention. » Thanks » Dean » Dean lorfida, City Clerk » City of Niagara Falls » 905-356-7521, Ext. 4271 » 905-356-9083 (Fax) Original Message » From: LUCY DI NUNZIO [mE » Sent: Monday, June 06, 2016 11:01 AM » To: Dean lorfida » Subject: Request to Speak at City Council Meeting » Hello Mr. lorfida, » I would like to make a request to speak at the City Council meeting at 5pm on June 14, 2016. » Please outline the proper procedure I have to follow. » I would like to speak about the cut back in hours this summer at the City pools. » Thank you » Lucy Di Nunzio » » No virus found in this message. » Checked by AVG - , ww,ayg com » Version: 2016.0.7639 / Virus Database: 4598/12378 - Release Date: 2 In 2016 Spring & Summer, Niagara Falls My City Guide, the pool hours for all 5 city pools have been reduced from last year. The hours showing are 1-4pm and 6-8pm. Previous years the pools have been open 1-5pm 6-8pm. This is a one hour reduction in pool hours every day. The pool will only be open to swim 5h per day. This is a 17% reduction in hours. This will have detrimental effects on the community who use the pools, and the lifeguards who work there. The neighbourhoods that surround the community pools depend on these pools to stay open for as long as possible. Many of the children who live in these neighbourhoods spend a majority of their time in the pool. It helps them to get valuable exercise, socialize and keep busy. This is especially true for the F.H. Leslie and Prince Charles pools. Parents depend on the pools to be open. Also, the 4-5pm hour, is one of the busiest hours, in terms of participation, during the day. Many of the lifeguards who work at the pools are University students who depend on the money they earn at the City to pay for their education. These lifeguards are highly trained individuals who have invested much time and money to take the appropriate first aid and lifesaving courses since childhood. As mentioned, this would result in at least a 17% reduction in pay. (that's a big pay cut!). Many of these University bound lifeguards, do not take jobs in May and June, because they made a commitment to work for the City in the summer. No reduction in hours was mentioned last year to the lifeguards. Therefore, I am asking the City, and the Recreation Department to reconsider their decision to reduce hours at the City pools, and to reinstate the 4-5pm pool hour. (By the way, there have already been significant other reductions to pool hours over the last 2 years) I am sure that the parents of children who frequent the pools don't know yet about the reduced pool hours, and there will be a backlash against the City when they find out. To avoid this, and to be fair to the lifeguards who work there, please reinstate the hours. Thank you Concerned Citizen CLERKS DEPARTMENT Inter -Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: July 12, 2016 Re: Neonicotinoids At the May 10th Council meeting, a motion was passed under New Business requesting staff review the issue of neonicotinoids. A neonicotinoid is a systemic agricultural insecticide resembling nicotine. Many different insecticides are classified as neonicotinoids. One such insecticide is effective against sucking insects, some chewing insects, soil insects and fleas on domestic animals. As a result, neonicotinoids are used on about 95% of corn and canola crops in the U.S. They have been used on the vast majority of fruit and vegetables, including apples, cherries, peaches, oranges, berries, leafy greens, tomatoes, and potatoes, to cereal grains, rice, nuts, and wine grapes. On the other hand, neonicotinoids are believed to be responsible for a dwindling bee. The two divergent positions were on display when the Region had a report on the issue in 2014 (see attached). Deputations were received by Niagara Beeway (anti- neonicotinoids) and Ontario Fruit and Vegetable Growers' Association (pro). As the report by the Region's Medical Officer of Health states: The use of neonicotinoids is regulated through Health Canada's Pest Management Regulatory Agency. Municipalities do not have the power to regulate the use or sale of what could be described as residential or non -farming pesticides. S. 7.1(5) of the Pesticides Act states that: "A municipal by-law is inoperative if it addresses the use, sale, offer for sale or transfer of a pesticide that may be used for a cosmetic purpose." "Cosmetic" is defined as a non-essential use of a pesticide and is distinguished from other types of uses which are regulated through the issuance of permits or via terms—of—use criteria set out in the Act. A Great City ... For Generations To Come The recommendation in the Region's report, which staff supports, was to monitor the regulatory efforts of the Pest Management Regulatory Agency. A recent update from the agency outlines the extensive, scientific review being conducted in conjunction with U.S. authorities, with a determination anticipated by, or before, January 1, 2018. Since the lower tier municipality has no authority on this issue, other than advocacy, staff recommends that the memo and related attachments be received for information. RECOMMENDATION: Received for Information. A Great City ... For Generations To Come REPORT TO: SUBJECT: ICP 24-2014 March 5, 2014 Page 1 of 4 Niagara Region Integrated Community Planning Committee Follow-up from Integrated Community Planning Committee Meetings Regarding Neonicotinoids RECOMMENDATIONS 1. That Regional Council NOT SUPPORT a ban on the residential non-farm uses of neonicotinoids; 2. That Regional Council SUPPORT the protective measures and monitoring efforts of the Pest Management Regulatory Agency; and, 3. That staff BE DIRECTED to continue to monitor developments respecting the Pest Management Regulatory Agency direction on neonicotinoids and report back at such a time. PURPOSE This report is brought forward in response to the Integrated Community Planning (ICP) Committee direction for staff to provide information in relation to a requested ban on the residential non-farm uses of neonicotinoids (Minutes of October 2, 2013 ICP Meeting). BUSINESS IMPLICATIONS There are no business implications arising from this report. REPORT Background On October 2, 2013, and January 8, 2014, the ICP Committee received presentations regarding neonicotinoid use. On both dates George Scott, Chairman of Niagara Beeway, presented information respecting a request to ban the residential non-farm uses of neonicotinoids relating to possible impacts on bee and human health. On January 8, George Hunter, Expert Advisor on Pesticides to the Ontario Fruit and Vegetable Growers' Association, presented on an alternative view on the use of neonicotinoids. In response to the above mentioned presentations, the ICP Committee directed staff to consult with Public Health on neonicotinoid use and report back to Committee (Minutes of October 2, 2013 ICP Meeting). ICP 24-2014 March 5, 2014 Page 2 of 4 In addition, a Councillor Information Request was received requesting that the report on the use of neonicotinoid insecticides include an indication of the amount of resources (i.e. staff time and costs) used in investigating the issue (Minutes of January 8 ICP Meeting). An estimate of staff hours used in developing this report is outlined in Appendix I . Pesticide Regulation The use of neonicotinoids is regulated through Health Canada's Pest Management Regulatory Agency. In the Notice of Intent on Action to Protect Bees from Exposure to Neonicotinoid Pesticides', the Pest Management Regulatory Agency has concluded that current agricultural practices related to the use of neonicotinoid-treated corn and soybean seed are not sustainable. The Pest Management Regulatory Agency intends to implement protective measures in 2014, such as, requiring the use of safer dust -reducing seed flow lubricants and requiring new pesticide and seed package labels with enhanced warnings. They are currently working with Agriculture and Agri -Food Canada, provincial governments, growers, beekeepers and the pesticide industry to determine if other options exist that would protect the environment while allowing the continued use of these seed treatments for corn and soybean. They have also stated that they will continue to review new scientific information as it becomes available and take additional action as needed, at any time, to further protect health and the environment. On January 24, staff provided a memo to the members of the Agricultural Policy and Action Committee for their information on the above noted protective measures related to agricultural use of neonicotinoids. There were no concerns raised by members of the committee at the meeting. The Pest Management Regulatory Agency has not provided any guidance in relation to the sustainability of, or released any intention to implement measures in relation to the non -farming, or cosmetic use of neonicotinoid pesticides. Municipalities do not have the power to regulate the use or sale of what could be described as residential or non -farming pesticides. S. 7.1(5) of the Pesticides Act states that: "A municipal by-law is inoperative if it addresses the use, sale, offer for sale or transfer of a pesticide that may be used for a cosmetic purpose." "Cosmetic" is defined as a non-essential use of a pesticide and is distinguished from other types of uses which are regulated through the issuance of permits or via terms -of -use criteria set out in the Act. Input From Public Health Further to the direction of the Integrated Community Planning Committee, staff has sought input from Public Health relating to potential human health effects from neonicotinoid use. Public Health staff conducted a review of published, peer-reviewed journal articles that described the human health effects from neonicotinoid pesticide exposure. Their search returned no human health studies on the effects of neonicotinoid pesticide exposure. 1 http://www.hc-sc.gc.ca/cps-spc/alt_formats/pdf/pest/part/consultations/_noi2013-01/noi2013-01-eng. pdf ICP 24-2014 March 5, 2014 Page 3 of 4 The peer reviewed literature was limited to a small number of case reports of acute toxicity in humans following occupational or intentional exposure. There were no long-term studies of human health effects of neonicotinoid pesticide exposure. Public Health staff are supportive of high-quality research regarding the associations between environmental exposures and human health effects. Conclusion The Pest Management Regulatory Agency is responsible for pesticide regulation in Canada. The Agency is currently enacting protective measures relating to the use for agricultural production. It is recommended that Regional Council support the protective measures and monitoring efforts of the Pest Management Regulatory Agency. It is recommended that Regional Council not support a ban on the residential non-farm uses of neonicotinoid pesticides. Planning and Development Services staff will continue to monitor future developments respecting the Pest Management Regulatory Agency and neonicotinoid use and report back at such a time. REPORTS PERTINENT TO THIS MATTER • N/A Submitted by: Mary Lou Tanner, MCIP, RPP Acting Commissioner Planning and Development Services Approved by: Harry Schl- ge Chief Administrative fficer This report was prepared by Danielle De Fields, Senior Planner, with input from Stephen Chisholm, Legal Counsel, Jessica Hopkins, Associate Medical Officer of Health and Bill Hunter, Manger Environmental Health, Environmental Health Food and Safety, and reviewed by Curt Benson, MCIP, RPP, Acting Director, Planning Services. APPENDICES Appendix I Estimate of staff hours used in the development of this report Page 4 ICP 24-2014 March 5, 2014 Appendix I Page 4 of 4 Appendix I The following represents hours spent by staff to attend past Integrated Community Planning Committee presentations on neonicotinoid use, discussions with the Agricultural Policy and Action Committee, discussions between Public Health and Planning Services, research, and writing this report. Department Planning and Development Services Legal Services Public Health Total Hours Estimate 15 1 19 35 7/7/2016 Re-evaluation Note REV2016-04, Joint PMRA / USEPA Re-evaluation Update for the Pollinator Risk Assessment of the Neonicotinoid Insecticides [Health. +'Health Sante Canada Canada Canada Home > Consumer Product Safety > Reports & Publications > Pesticides & Pest Management > Decisions & Updates Consumer Product Safety Pest Management Regulatory Agency 6 January 2016 ISSN: 1925-0649 (PDF version) Catalogue number: H113 -5/2016 -4E -PDF (PDF version) Help on accessing alternative formats, such as Portable Document Format (PDF), Microsoft Word and PowerPoint (PPT) files, can be obtained in the alternate Format hely section. (PDF Version - 40K) Table of Contents • Introduction • status of Recistrant Data Submission and Review by the Agencies • Status of Open Literature Review • Next Steps • Additional Information Introduction In May 2015, Health Canada's Pest Management Regulatory Agency (PMRA) and the United States Environmental Protection Agency's Office of Pesticide Programs (USEPA OPP) (Agencies) announced, as an initiative of the Regulatory Cooperation Council, that they would be collaborating on a bilateral pesticide re-evaluation process for the pollinator assessment of three neonicotinoid pesticides (clothianidin, imidacloprid, and thiamethoxam), based on the jointly developed harmonized Guidance for Assessing Pesticide Risks to Bees, found on the USEPA's Pollinator Risk Assessment Cuidani: page. The Agencies have been working closely with the California Department of Pesticide Regulation (CDPR). In addition, USEPA OPP and CDPR are using the same framework to conduct a co-operative re-evaluation of dinotefuran, a neonicotinoid pesticide which is registered in the United States but not in Canada. These pesticides are nitroguanidine neonicotinoids, a group of insecticides that have been approved for use in the United States and Canada for a number of years. In recent years, there have been reports in scientific literature suggesting that exposure to neonicotinoids may impact pollinator health; however, these studies have generally been conducted under laboratory situations, or in the field with exposure to doses that are higher than would normally be encountered in the environment. In support of science -based risk management decisions, the Agencies are relying on the harmonized Pollinator Risk Assessment Framework methodology to conduct the pollinator risk assessment for the neonicotinoids. The Framework relies on a tiered approach which begins with conservative exposure assumptions and laboratory toxicity data conducted with individual bees, then progresses to more realistic exposure measurements in nectar and pollen, as well as colony level bee studies conducted in the field. Data required under the Framework has been divided into three tiers. Tier 1 consists of laboratory http://www hc-sc.gc.ca/cps-spc/pubs/pest/_decisions/rev2016-04/index-eng.php 1/3 7/7/2016 Re-evaluation Note REV2016-04, Joint PM RA / USEPA Re-evaluation Update for the Pollinator Risk Assessment of the Neonicotinoid Insecticides [Health. toxicity studies with both adult and larval honey bees exposed for acute and chronic durations. Tier 2 effects studies include feeding and tunnel studies in which honey bee hives are exposed to neonicotinoids in a more realistic setting than the laboratory. Tier 2 residue studies measure exposure based on pollen and nectar residue data from neonicotinoid products applied to crops using different application methods. Tier 3 studies are generally large-scale field studies that most closely resemble an in -field exposure scenario for honey bees. Neonicotinoid registrants have submitted, or are in the process of conducting, a number of studies to support their chemical -specific pollinator risk assessments. The Agencies will use these studies as well as information from published literature in the tiered risk assessment approach. All relevant scientific information will be considered alongside incident data in a weight -of -evidence approach, which considers if the information is robust and consistent, for the risk characterization. This document provides a status update on the pollinator risk assessments of clothianidin, imidacloprid, thiamethoxam, and dinotefuran. Status of Registrant Data Submission and Review by the Agencies Over 350 pollinator studies have been submitted by the neonicotinoid registrants and are currently undergoing a cooperative review by all three agencies. To date, over 300 of the studies received have been reviewed by at least one agency. While progress is being made with the study reviews, there are additional studies that are currently being conducted which are required for the completion of the re-evaluations. Status of Open Literature Review The Agencies will incorporate information from the body of peer-reviewed scientific literature into the pollinator risk assessments. Studies may include information about neonicotinoid residues in pollen/nectar as well as lethal and sublethal effects (foraging behavior, etc.) to different life stages (larvae, adults) in honey bee hives, and overall colony health. Studies on different types of bees (for example bumble bees and solitary bees) will also be included. The Agencies have conducted a number of literature searches which have identified hundreds of peer reviewed scientific studies. After a screen of the results, the Agencies prioritized about 250 open literature studies for further evaluation based on whether they assessed the residues or effects described above. Studies which are considered to be informative will be incorporated into the pollinator risk assessment. The Agencies continue to monitor current research findings and will incorporate more recent information as it becomes available. Next Steps Since the Agencies began the imidacloprid review about a year before the other neonicotinoids, imidacloprid is further along in the review process and initial findings have been presented in preliminary pollinator risk assessment documents: • Health Canada's PMRA - Re-evaluation of Imidaclaprid - Preliminary Pollinator Assessment • USFPA. - Pri(rninary Pollinator Assessment to Suvtoort the Registration Review of Irnldacloond See table below for anticipated milestones for the pollinator assessments. The publication of each document will be followed by a public consultation period. Milestones for the Pollinator Assessments Imidacloprid Clothianidin Preliminary Jan. 2016 Final Dec. 2016 Preliminary Dec. 2016 http://www hc-sc.gc.ca/cps-spc/pubs/pest/_decisions/rev2016-04/index-eng.php 2/3 7/7/2016 Re-evaluation Note REV2016-04, Joint PMRA / USEPA Re-evaluation Update for the Pollinator Risk Assessment of the Neonicotinoid Insecticides [Health. Final Dec. 2017 Thiamethoxam Preliminary Dec. 2016 Final Dec. 2017 Dinotefuran Preliminary Dec. 2016 Final Dec. 2017 1 CDPR plans to issue its determination with respect to its reevaluation of neonicotinoids (clothianidin, dinotefuran, imidacloprid, and thiamethoxam) on or before 1 July 2018. Not Applicable to PMRA. Additional Information The issue of pollinator health is complex, and is likely influenced by a number of factors including pests, pathogens and viruses, nutrition, pesticide exposure, bee management practices, and lack of genetic diversity. The PMRA and USEPA OPP, as the federal regulators of pesticides in Canada and the United States, respectively, are working together to protect bees and other pollinators from pesticide exposure. Information regarding PMRA's and USEPA OPP's actions to protect pollinators and additional resources can be found at PMRA's section on Pollinator Protection and the USEPA's section on Protecting bees anu Litner from Pesticides. Date Modified: 2016-01-06 http://www.hc-sc.gc.ca/cps-spc/pubs/pest/_deci si ons/rev2016-04/i ndex-eng.php 3/3 CLERKS DEPARTMENT Inter -Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: July 12, 2016 Re: Relief to the City's Noise By-law For the majority of the City, the municipality's Noise By-law prohibits the playing of music and "the use of any electronic device or group of connected electronic devices incorporating one or more loudspeakers", i.e., amplified music, after 9:00 p.m. The By-law does allow Council to approve an exemption to the provisions. With the summer season upon us, a number of such requests have been requested: Requestor: Event: Location: Date: Extension Time: Chippawa Volunteer Firefighters Association Street Party in Association with Annual SIo-Pitch Tournament Chippawa Lions Park Saturday, July 16 12:30 a.m. This is an annual event that staff has no knowledge of any previous noise -related complaints. The extension time requested for a residential area is a concern. Staff will ask the organizers to lower the volume and bass as the event gets into the later hours. Requestor: Event: Location: Extension Time: Date: St. George & St. Archangel Michael Serbian Orthodox Church Congregation of Niagara Falls Kordun Picnic 6085 Montrose To be determined. Friday July 29 — Sunday, July 31 There have been noise complaints related to recent events on the Serbian Church grounds. In fairness to the organizers, they were not aware of the time restrictions in the Noise By-law. A Great City ... For Generations To Come By-law staff is meeting with the organizers to finalize the details related to the event noted above. We will be going over noise mitigation strategies. Requestor: Heater's Heroes Event: Annual Fundraising Event Location: Oakes Park Date: Saturday, August 13 Extension Time: 9:30 p.m. Previous extensions have been approved without incident. The additional time requested for relief is minimal. Requestor: Jennifer Taylor Event: Autism Awareness Fundraiser Location: Patrick Cummings Park Date: Sunday, August 14 Extension Time: 11:00 p.m. The additional time requested for relief is reasonable. The organizers should position any staging to have minimal impact on nearby residential properties. Requestor: Robyn Daigle Event: Wedding Reception Location: Private Property, Lyon's Creek Date: Saturday, September 17 Extension Time: 12:00 a.m. The requestor has followed our protocol of notifying neighbouring properties of the request for relief under the By-law and providing the Clerks contact information. No objections have been received and the properties are all sizeable. Requestor: Clark Bernat, Manager Event: Night of Art Location: Niagara Falls History Museum Date: Thursday, September 22 Extension Time: 11:00 p.m. Previous extensions have been approved without incident. The additional time requested for relief is reasonable. Council may approve all requests for relief or deal with them on a case by case basis. Council can also impose any conditions or revise the requested times. RECOMMENDAYION: For the Consideration of Council. A Great City ... For Generations To Come j -F002 CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION July 07, 2016 City of Niagara Falls Chief Building Official 4310 Queen Street Niagara Falls, On Re: Special Occasion Permit and Noise Control By -Law To whom this may concern, On July 16 & 17, 2016, The Chippawa Volunteer Firefighters Association (CVFA) will be hosting the Annual SPN Slo-Pitch Tournament and Street Dance in conjunction with the Chippawa Lions Club. As part of the event, the CVFA has hired a number of bands, to play the street dance on Saturday July 16th. We would like to ask for an extension of the Noise By -Law to 1230am for this event. Bands are scheduled to start playing at 5pm. We have enclosed a map of how we intend to run the event at the Lions Hall, and as to the location of the stage. Should you require any further information, or if we may be of any assistance, please feel free to contact our Social Coordinator Brian Winrow at 905 651 9673 or myself at 905 228 2951. Sincerely, Isabel Beland CVFA Secretary 8696 Banting Ave Niagara Falls, On L2G 6Z8 vox: 905 295 4398 email: chiopawafire aegrnail.com Dean Iorfida From: Mateyk, Denise Sent: Thursday, June 30, 2016 6:51 PM To: Dean Iorfida Subject: Fw: Noise complaint - 6085 Montrose Road, Niagara Falls, On Sent from my BlackBerry 10 smartphone on the Rogers network. From: denise,mateyk©rbc,com Sent: Thursday, June 30, 2016 5:41 PM To: Dean Iorfida Subject: Re: Noise complaint - 6085 Montrose Road, Niagara Falls, On Hi Dean, on the last weekend of July (friday\sat\sunday) we will be holding the Kordun Picnic and soccer game. On Friday; there will be a soccer game with the Serbian team from Toronto vs Niagara. Depending on attendance, we may have an accordian player serenade us. On Saturday we will have a golf tournarnent followed by a picnic vvith music and dancing. Sunday we will have a church service, followed by a special blessing, luncheon and then picnic with music and dancing. The picnic was started 31 years ago by Niagara Falls resident, the late Joe Bielich. Joe started the picnic as a fundraiser to help the newcomers that immigrated to Canada from Croatia and continued to support humanitarian causes over the years,Most recently helping with relief for the floods in Serbia, building a church in Croatia and donations for the Tesla Monument in Queen Victoria Park, We would appreciate relief from the bylaw for Friday, July 29, Saturday July 30 and Sunday July 31, Mico Kekic and I are able to meet with you any afternoon next week on the grounds, Please let me know when you are available, Thank you for your help. Denise Sent from my BlackBerry 10 smartphone on the Rogers network. Dean Iorfida From: mike strange <mikestrange@hotmail.com> Sent: Tuesday, July 05, 2016 8:04 PM To: Dean Iorfida Subject: Extend noise bylaw from 9p.m to 11 p.m Hey Dean, I have a request to see if our Heaters Heroes committee can extend the noise bylaw from 9 p.m until 11 p.m on Sat, Aug 13th at Oakes Park. The event has bands playing all day and usually wraps up around 9:30 p.m but just thought we could extend it an hour and a half just to be safe. Let me know buddy. Mike 1 Dean Iorfida To: tigg Cc: Rob McDonald Subject: RE: Upcoming meeting Jennifer: The City's iNloise By-law, with the exception of the tourist core, restricts outdoor amplified music after 9:00 p m. Council does have the authority to provide relief to that restriction and grant music to 11:00 p,m, I can bring forward your request to our July meeting, Thanks Dean From: tigg- Sent: Tuesday, June 28, 2016 4:37 PM To: Dean Iorfida Subject: Re: Upcoming meeting Afternoon Dean I have one question I was informed that 1 needed to have bands approved by council. Could you let me know what i need to do in regards to this as well if possible of having a noise pollution extended to 11pm Thank you for all your help Jennifer Taylor Sent from my iPhone On Jun 16, 2016, at 11:11 AM, Dean Iorfida <diorfida5niagarafalls,ca> wrote: Thanks Jennifer. I am sure through the Ma'ior's office, we can facilitate a Council member fora future cheque presentation. Dean Dean Iorfida 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida, I placed a call to the city of Niagara Falls to inquire about the process of notifying the right individuals of an event. I was told to send a letter to you, as the city clerk. This letter is to request an extension of the Noise Control By -Law. I am planning to hold my wedding reception in my friend's parent's backyard where music will be played. I would like to request an extension to1:00am-2:00am. The event will have 40-50 people maximum. The address in which the event will be taking place is Lyons Creek Rd., Niagara Falls, L2E 6S6. It is a rural location, and therefore I do not believe we would bother others with the noise. Thank you for your time and consideration. I may be contacted at Sin - ely Robyn Daigle Dean Iorfida From: Robyn Daigle Sent: Monday, June 20, 2016 8:20 AM To: Dean Iorfida Subject: Noise By-law Good morning, I had submitted a request asking for an extension to the noise by law on Saturday, September 17th, 2016, 1 am ha,/ing some family and friends together for a small wedding reception which will be hosted in my friend's parents backyard. You had left me a message requesting that I send you an email. Please let me know if there is anything else 1 need to do. Thank you. Sincerely, Robyn Daigle Dean Iorfida From: Robyn Daigle Sent: Friday, June 24, 2016 1:06 PM To: Dean Iorfida Subject: Re: Noise By-law Hi Dean 1> Just wanted to let you know that the letters were mailed early this week, The times include permission to have the event until 1:00 with turning the music down around midnight. Thank you. Dean Iorfida From: Clark Bernat Sent: Friday, June 17, 2016 2:12 PM To: Dean Iorfida Subject: SOP and noise by-law Looking for council recognition of this event at the July Council meeting. Thanks Clark Whereas Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent on September 22nd, 2016 and Whereas this is the fourth year that the Niagara Falls Museums has hosted this event Whereas the event is expected to attract 600-1000 audience members from across Southern Ontario and Western New York Whereas this event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region and Whereas to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance. Therefore be it resolved that Niagara Falls City Council grants the Niagara Falls History Museum relief to the City's Noise By-law to allow entertainment until 11:00 pm Clark Bernat Culture & Museums Manager City of Niagara Falls 5810 Ferry Street Niagara Falls, ON L2G 1S9 905-356-7521 x5906 Arts & Culture in Niagara Falls www.niagarafallsmuseums.ca Check out @ the Museum Thursday Night CLERKS DEPARTMENT Inter -Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: July 12, 2016 Re: 365Sports -Urban Slide Attached is a letter of request from the organizers of the upcoming Urban Slide event, which the City is excited about and helping to facilitate. Although there may be some charitable aspects, this is a for-profit event. Staff would recommend the provision of in-kind services for the event but any licensing fees, if applicable, should be borne by the organizers. RECOMMENDAYION: For the Consideration of Council. A Great City ... For Generations To Come GRGUP July 6th , 2016 His Worship Mayor Diodati and Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Members: 365 Sports Inc. is bringing the Urban Slide (1000ft Slip and Slide) to Niagara Falls on August 13th 2016. 365 Sports is a Canadian owned and operated Event Company based out of Meaford Ontario. We provide creative, fun and innovative athletic events to engage all participants, seasoned athletes and novices alike. We are dedicated to inspiring a healthier, happier society through the combination of fitness and philanthropy. The Urban Slide will be taking place on Drummond Road from Lundy's Lane and ending before Prospect Street. This event will promote the region of Niagara and bring an economic impact from surrounding communities including Buffalo. Our Charity of choice is the local Food Bank and we are also are aligning with the Niagara Fire Department to raise money for their service. In each community we activate an Urban Slide we approach local service clubs (beginning with Rotary) to produce a beer garden to raise money for their organization. Through doing this we are providing participants added value to the event while promoting and raising money for the local affiliate. In our inaugural year we request relief of cost on the following: 365 SPORTS 365 Sports 1 71 Edwin Street East, Unit 3 &4, Meaford, ON 1 N4L 1C4 EVENTS GROUP Cleaning The Urban Slide would like to request that the City assist us with a sweeping of the Drummond Road event site before we commence event set-up at 10:OOpm on August 12th. Potential Licensed Area Request to use the area in front of the Cadet property (Please refer to the map attached) up to the fence/gate for a potential licensed area. 365 Sports would work with the Cadets or the Rotary to provide a revenue generating opportunity for their service club upon the town's approval for the space & letter stating the event is of municipal significance for the SOP. Water Access 365 Sports request access to water and all costs to be waived for the Urban Slide Canada. We will require access to one fire hydrant and storm sewer run offs for the purpose of the event. Services 365 Sports Will Provide: Traffic Control Contractor 365 Sports will contract a local traffic control company to close Drummond Road from Lundy's Lane to 400 feet past North Street. We will also require all side streets leading onto Drummond Road to also be closed to ensure no vehicles enter the event site. We would like the closure to commence Friday, August 12th at 10:00 p.m. through Saturday, August 13th until 11:59 p.m. there by allowing enough time for set-up and teardown for the event. We want to respectfully inform the council of this closure. All costs associated with the closure will be that of 365 Sports. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Traffic Control/Detour Plans Traffic control plans will be developed in accordance with OTM Book 7 and will be provided and paid for by 365 Sports. Washrooms 365 Sports will provide sufficient portable washrooms on-site with accessible units included. These units will be placed in Stamford Collegiate Parking Lot. Parking 365 Sports has sourced parking and will provide patrons of the Urban Slide the option to park at Stamford Collegiate Secondary School and the Best Western Cairn Croft Lundy's Lane. 365 SPORTS 365 Sports 171 Edwin Street East, Unit 3 &4, Meaford, ON N4L 1C4 EVENTS iGRGUP Health Regulations There will be 4-6 food vendors at this event. All food vendors will have to submit a completed Niagara Regional Public Health form with their Vendor Application upon being approved to participate in our event. Insurance 365 Sports Inc. will have 10 Millions dollars of liability insurance in place, as required under the City Special Events Policy. We will name the city of Niagara Falls as additionally insured. Fire Safety The event coordinators Tony Smith & Michael Lambert, have meet with the Fire Department to discuss any of their concerns about the event, such as laneways, electrical and water lines. Emergency Access A minimum of 20 feet in width shall be maintained through the Urban Slide Event Site so as to ensure that in the occurrence of an emergency, the roadway may be opened and emergency vehicles shall have access to the entire closure area. Security 365 Sports will be on-site for the duration of the event for security purposes. We look forward to holding a successful event in Niagara Falls. Sincerely, Tony Smith CEO, 365 Sports Inc Michael Lambert Director of Partnerships, 365 Sports Inc. 365 SPORTS 365 Sports 71 Edwin Street East, Unit 3 &4, Meaford, ON N4L 1C4 EVENTS cAN413,4 Niagara Falls Date: Aug 13th, 2016 BG: Potential Beer Garden Location Hours: 11:00am-7:00pm X rn 0 X —I co Niagaraaa1Hs REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-12 Acquisition of Lands from The Region Parts 1 and 2, Plan 59R-14919 Portion of Whirlpool Road Our File No. 2015-185 L-2016-12 July 12, 2016 RECOMMENDATION 1. That the City of Niagara Falls enter into an Agreement of Purchase and Sale with The Regional Municipality of Niagara (the "Region") and acquire a portion of Whirlpool Road, legally described as Parts 1 and 2 on Reference Plan 59R- 14919, as set out on the attached Reference Plan and Location Map, for nominal consideration. 2. That the Mayor and Clerk be authorized to execute any and all documents required to complete the transaction authorized by Recommendation 1 above. EXECUTIVE SUMMARY In order to enhance sightlines, the Region changed the alignment of the Stanley Avenue/VVhirlpool Road intersection to a safer model. The construction of the realignment has been completed and the Region proposes to transfer a portion of Whirlpool Road to the City at nominal cost. Particulars of the Agreement of Purchase and Sale are as follows: • Description: PIN 64269-0563 and PIN 64269-0561 • Area: Approximately 2399.3 square metres • Purchase Price: $2.00 • Deposit: $1.00 • Title to be conveyed: Fee simple • Conditions: None 2 BACKGROUND L-2016-12 July 12, 2016 The Region carried out road reconstruction on RR 102 Stanley Avenue north of Thorold Stone Road in the fall of 2013. At that time, the intersection at Whirlpool Road was identified by the Region as an unsafe intersection due to the angle of entry and it was proposed that the intersection at Stanley Avenue be realigned. The Region acquired Parts 1 and 2, Plan 59R-14919 from Ontario Power Generation in order to carry out the realignment and proceeded with construction in or about the Spring of 2014. As the construction is now complete, the Region would like to transfer the subject lands to the City to be known as and form part of City owned Whirlpool Road. ANALYSIS/RATIONALE As the Region has completed the construction of the improvement of the intersection, Staff recommends that the lands be purchased for $2.00 as set out in the Agreement of Purchase and Sale. FINANCIAL IMPLICATIONS The proposed transaction is for nominal consideration. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to financial sustainability, customer service excellence, organizational efficiency and effectiveness, and the creation of a well-planned City. LIST OF ATTACHMENTS • Reference Plan 59R-14919 • Location Map Recommended by: Ken Beaman, City Solicitor Respectfully submitted- Ken}Todd, Chief Administrative Officer kb attachments [cO••ONOR4Mt SthCDULE .6e1 * lmn.ur unu:r PLAN OF SURVEY PART OF TOWNSHIP LOT 38 (GEOGRAPHIC TOWNSHIP OF STAYFORO) CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SGLL 1500 NEl 0 lOrn 1e]I ^w,•. -•r 1.l^. f I 10 e e €!{d I i s.• i •.'j� 1.7•*• .nr .. z .Ac .1 x.. oog 11:1i it € o,It 035 111.; ws-.•— 19 u. 111 I! i�+.."a J$0 u Zjf O ; '1w f.113-VPIfRT} w 1,.L 11€,SIL 111;1r!.. 1 iegi1.s SCHEDULE — LAND TTILES 5P PN 64269-0081(LT) NCH TO SCALE VERTICAL EXTENT OF PARTS NOTA CROSS SECTION - NOT TO SCALE ABOVE N I- 1— BELOW BENCHMARK NOTE ELEV.,. 179E113 ABOVE RE.AMS V.Txw R Im ore BELOW RUE. ID MO. LAT. EELor MIT Ia MERE IS NO Loom n MAO.. or 7-w iw .r� 0001540.110 BEODEP TMS PLAN TTVEELANO 11RESUNOE LEGEND PLM 50# i ani L a rO .11•098I NM. '..5 H. I l 7-05^5 ►Ai-itnpl. ,.•• W[1WE�ETFWFy4q�A.,tM 01a 0L1oNNN Off' Nr.Y�<LV8 1 {w le) TAW, rE0.0 LIOSILIENT MARKT N.IT woo BM CONY r IME Lea. MAILS wITL. TOMES ITATATED BEA.. comodason . a 5-104 , oa. 0.01E5 (1.510- .rtn-cLWSE) 00,01E_ (iii 9 ate;=. BEARING NOTE qqqq��11��Bert mt ubO MLEr°�P��Pga�e �pinaM d`Or METRIC NOTE Ariw� wxwrree To a er oAU ev R waa nm.6 e., rf>:.." rrl rrr�crypryo ort r w Ltae..wEALXZO SURVEYOR'S CERTIFICATE M. eI II.f REIErr Wo •S 4 w••ecl IU + rreawe.L. •• m w err n LMbew RICHARD LAROCQUE LIMITED ONTARIO LAND SURVEYORS & CONSULTANTS 12 13444/4 STREET, sr GRL4RINEs. ONTARIO 905-698-1413 6J85 COLBORNE STREET, N.A. FALLS. ON! 905-058-8100 xw4mywrry.m THE REGIONAL MUNICIPALITY OF NIAGARA ,f ELATE 1 Soo I >)rteEe aE • Tor w A. ITE L-2016-012 ACQUISITION OF LANDS FROM THE REGION Location Map June 201.6 Subject Land Niagaraj7g14 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2016-11 Entry Onto Adjoining Lands By-law Our File No. 2011-99 L-2016-11 July 12, 2016 RECOMMENDATION That Council enact a by-law permitting landowners who are seeking to repair or alter their buildings and fences, to enter adjoining land to carry out such repairs, improvements or renovations. EXECUTIVE SUMMARY There is a power in the Municipal Act, 2001 that enables Council to enact a by-law which will allow landowners who are trying to repair or alter their buildings and fences, to enter neighouring land to carry out such repairs and/or alterations. Staff is recommending that Niagara Falls adopt such a by-law. BACKGROUND Staff has been considering recommending a by-law of this type for quite some time. Most recently, the plan was that the presentation of a Report recommending a by-law of this type would await the appointment of a new Chief Building Official. However, two particular property owners have need of a by-law of this type in order to repair the siding on their homes. They have been waiting for more than a year for Staff to present this Report. Given the plight of these particular landowners, Staff thought it prudent to present the Report at this time. ANALYSIS/RATIONALE A large number of municipalities have enacted by-laws of this type in order to assist property owners with the upkeep of their buildings and fences. Without the benefit of the by-law, many landowners can be frustrated in their attempts to maintain their properties, by unreasonable neighbours. Persons making entry to conduct repairs must provide evidence of third party liability insurance and repair any damage they cause to the land that they enter. 2 L-2016-11 July 12, 2016 The by-law does not permit entry into buildings. The power granted by the Municipal Act, 2001 does not permit a municipality to enact a by-law permitting adjoining landowners to enter buildings. The by-law requires at least 48 hours written notice to the adjoining landowner, prior to entry being made. CITY'S STRATEGIC COMMITMENT The proposed by-law is in keeping with Council's commitment to customer service excellence and organizational efficiency and effectiveness. Recommended by: Respectfully submitted. kb Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer lO Ni a ga rapal4 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works MW -2016-033 July 14, 2016 SUBJECT: MW -2016-033 Young & Hopf-Wagner Drain - Filing of Engineer's Report RECOMMENDATION 1. That staff be directed to include the replacement of Willodell Road and Schneider Road Bridges as part of the Young & Hopf-Wagner Municipal Drain project; and 2. That the City assumes the costs to transfer the subject property back to the City's ownership and re-establish the Schneider Road allowance between Willodell Road and Schaubel Road. EXECUTIVE SUMMARY The City of Port Colborne is in the process of filing the Drainage Engineers Report for the Young & Hopf-Wagner Drain. Part of this report includes two special assessments to the City of Niagara Falls for crossings along the drain. The Drainage Engineer has identified the Schneider Road allowance between Schaubel Road and Willodell Road to be the ownership of the City of Niagara Falls even though this contradicts documentation in the Land Registry Office. The Sauer family requests to have the former road allowance returned to the City of Niagara Falls. The Willodell Road Bridge requires removal and replacement. It has been closed for some time. City Staff have had much discussion with local residents & interest groups including the Upper Canada Equestrian Association Inc. The overwhelming consensus from the responses received concluded that a pedestrian crossing for recreational purposes should replace the existing structure once it is removed. City Staff have requested that the Drainage Engineer include in the Drain Report provisional items for the removal as well as the replacement of the bridge with a standard soil -steel culvert crossing. BACKGROUND A preliminary report for the Young Drain was requested pursuant to Sections 10 and 78 of the Drainage Act in accordance with instructions received from the City of Port 2 MW -2016-033 July 14, 2016 Colborne as a result of several affected landowners filing a notice requesting drain maintenance. The City of Niagara Falls implemented a report for the Tee Creek pursuant to Section 4 of the Drainage Act. Tee Creek was given Municipal Drain status through By -Law 93- 230 with construction being completed in 1995. The Tee Creek serves as an outlet to the upstream Young & Hopf-Wagner Drain. The following two structures have been identified as Special Assessments to the City of Niagara Falls. They are as follows: Willodell Road Bridge The existing Willodell Road Bridge, approximately 150m south of Koabel Road, is a pony truss structure erected in 1900; the 4.25m wide timber bridge deck spans 18m across Young Drain in Niagara Falls. The travelled portion of the roadway, along an 80m length of Willodell Road from the Koabel Road intersection to the single residential property north of the bridge is surface treated; the remaining 70m to the bridge is an overgrown granular base. South of the Willodell Road Bridge is an unopened, unimproved road allowance, for approximately 678m to Schneider Road along which a distinct trail/path is evident. The Willodell Road Bridge has been closed off to vehicular traffic but appears to have pedestrian and/or recreational vehicle use. In 2011, ELLIS Engineering Inc. completed a pre -engineering investigation to assess the condition of the Willodell Road Pedestrian Bridge. The findings showed the structure to be in poor condition. Its timber bridge deck has loose and missing boards with areas of severe dry rot. The steel pony truss superstructure has severe corrosion and pitting throughout the structural steel members. Schneider Road Crossing The reinforced concrete structure on Schneider Road allowance between Schaubel Road and Willodell Road appears to have been constructed in the 1920's. The load limit capacity of this structure is undetermined. The flow capacity of this concrete structure is less than a 10 year storm event. Best engineering practises for road crossing design is to a 25 year storm event. There is, at this time, a disagreement as to the ownership of the Schnieder Road allowance between Schaubel Road and Willodell Road opposite Lot 1 Concession 6 between the City of Niagara Falls and the Sauer family who have resided in that area for over 150 years. The Drainage Engineer appointed by Port Colborne to complete the Young & Hopf-Wagner Drain improvements has assessed the parcel and structure in question to the City of Niagara based on their understanding of the deeds even though it contradicts what is shown at the Land Registry Office. 3 MW -2016-033 July 14, 2016 Even though the City have denied ownership of the structure we still however retained in 2013, ELLIS Engineering Inc. to completed a pre -engineering investigation to assess the condition of the Schneider Road Crossing. The findings showed the structure to be in fair condition. There is heavy scaling on the exposed concrete bridge deck with the headwalls and wingwalls having severe scaling. Generally the concrete is deteriorating throughout the structure with the west wingwalls having collapsed and the east wingwalls failing. ANALYSIS/RATIONALE In the past Council has approved a ten (10) year interest free payment plan for all assessments to City of Niagara Falls landowners, except for the Ushers Drain in 2006 where Council opted to assume all the costs for City of Niagara Falls landowners. Willodell Road Bridge Efforts to block access to the bridge, specifically concrete barriers in recent years, have been ineffective in preventing pedestrians and all -terrain vehicles (ATVs) from using the structure; the barriers are regularly displaced. The risk that the Willodell Road Bridge completely collapses under the load of pedestrians and/or recreational vehicles will continue to increase until such time that the structure is removed. City Staff have had much discussion with local residents & interest groups including the Upper Canada Equestrian Association Inc. A Public Information Centre was held on December 3rd, 2013 with an overwhelming consensus from the responses received is that a pedestrian crossing for recreational purposes should replace the existing structure once it is removed. As part of the reconstruction of the Young & Hopf-Wagner Drain the Willodell Road Bridge will be required to be removed to complete the Drain works. City Staff have requested that a provisional item be included in the Engineers Report to remove and replace the structure with a soil -steel twin culvert pipe installation, Schneider Road Crossing City Staff have been involved in discussion with the Sauer Family as well as other property owners/community groups within the area regarding the Schneider Road crossing. This crossing provides limited access to surrounding areas but has been an integral part of that community for many years. Sauer family have requested that the former road allowance between Schaubel Road and Willodell Road responsibilities be assumed by the City of Niagara Falls and with that the existing concrete crossing. Should Council wish to move forward with this option the Sauer family have agreed to transfer the title of the above road allowance back into City of Niagara Falls ownership. As part of the Engineers Drain Report City Staff have requested that a provisional item be included to remove and replace the structure with a soil -steel twin culvert pipe installation. Otherwise, Council may request 4 MW -2016-033 July 14, 2016 Staff to appeal the Drainage Engineer's Report on the basis of inaccurate reporting as it relates to the ownership of the road allowance. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Willodell Road Bridge There is sufficient funding available within a Special Purpose Reserve to finance the Willodell Road Bridge removal which is required to be removed to complete the future drain works. As well, a special assessment has been included in the Young & Hopf- Wagner Drain Engineer's Report with an estimated cost of $42,900.00, which would be included as well as other drain works into the 2017 Capital Budget. Schneider Road Crossing Should Council support the transfer, ownership of the crossing will be subject to the full assessment of the removal/replacement with an estimated cost of $36,900.00, which would be included into the 2017 Capital Budget. In addition to the upfront cost, this crossing and road allowance will become part of the City's assets which governs an operational cost for maintenance. Young & Hopf-Wagner Drain In additional to the Special Assessment for the Willodell & Schneider Road crossings, the City of Niagara Falls has been assessed for road allowances within the watershed of the Young & Hopf-Wagner Drain to an estimated construction cost of $2879.00. Should Council opt to assume all the costs for City of Niagara Falls landowners within the watershed, then the estimated assessment for construction of the Young & Hopf- Wagner Drain is $106,500.00. Costs associated to the Drain Construction will be included into the 2017 Capital Budget. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priority to establish infrastructure sustainability within the City. LIST OF ATTACHMENTS Figure 1 - Young & Hopf-Wagner Drain Watershed Plan Figure 2- Schneider & Willodell Road Crossing Location Map Figure 3 - Schneider Road Crossing Photos 5 Figure 4 - Willodell Road Bridge Crossing Photos Figure 5 - Schneider & Willodell Road Proposed Crossing Details Recommended by: Respectfully submitted. MW -2016-033 July 14, 2016 Geoff Holman, Director of Municipal Works 1 Ken Todd, Chief Administrative Officer CCN 4 ri l,.:;.KM3U.,.: ,.;/\//%\/{ r %22| l§#r &'40Pgggb/ a a qr7, 1,am:ammawG m:w># 4} ;R ! sGm,` ;7 # wmm»s( 9966»§ ! [ SECOND CROSS CON � , 5 , 7+ f) r Figure 2 FIGURE 4 Facing North — Unopened Road Allowance (South Side of Bridge) Facing North — Willodell Road Bridge Additions to Deck Surface by Public iZr YdF VO ASO., +SIG`, MM. Di SI • --r 11 m .91.3 fi L9+6 rn z cc cc z o LL O.O' _ t Z 0 r 4 3 Jit:, 1 t, Niagara] alis REPORT TO: SUBMITTED BY: SUBJECT: MW -2016-30 July 12, 2016 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW -2016-30 Emergency Decommissioning of City Storm Sewer on former Cytec Lands, City Property & CN Rail Property. RECOMMENDATION 1. That Council authorize City staff to engage the services of Biaocco Construction to complete the proposed emergency storm sewer decommissioning work; 2. That the Capital Budget be amended to reflect this new expenditure. EXECUTIVE SUMMARY An existing City -owned storm sewer has collapsed in the vicinity of an active CN Rail line, within the limits of the Regional Thorold Stone Road Extension project. As a result, settlements have occurred on the ground surface in the area which poses a health and safety risk for the public as well as CN's operations. In order to prevent potential issues beneath the CN tracks, the sewer will have to be decommissioned (grout -filled) as soon as possible. Since this existing storm sewer was intended to function as an outlet for storm water runoff from the extension of Thorold Stone Road, a new outlet will have to be designed and constructed. The purpose of this report is to seek Council's authorization to direct appoint the proposed emergency work and approve the source of funding. BACKGROUND As part of the Regional Thorold Stone Road Extension project, a problem was identified with an existing City -owned storm sewer culvert that is located on the former Cytec Lands, City Property and CN Rail property and crosses beneath active CN Rail tracks. This storm sewer was originally used to drain the former Cytec ponds and was intended to serve as an outlet for the storm water runoff from the new extension of Thorold Stone Road. It has been confirmed through a CCTV inspection that this storm sewer has collapsed (Refer to Attachment No. 2). As a result, sink holes and settlements have started to form on the surface of the ground in the vicinity of the collapse and adjacent to CN's tracks. This poses a safety risk for the public and for CN's operations and is therefore July 12, 2016 - 2 - MW -2016-30 considered an emergency situation. Furthermore, delays in rectifying the situation increase the risk of settlement beneath the active rail tracks. Settlements in this area could potentially lead to the shut -down of the tracks or perhaps even cause an accident. In order to resolve these safety issues, the sewer will have to be decommissioned (filled with grout) as quickly as possible. This work was not planned and therefore does not have an approved budget. It is anticipated that the decommissioning work will cost approximately $200,000, though a precise budget cannot be determined due to the nature of the work which involves unstable ground/soils, working with CN Rail, unknown pipe alignment/geometry and other variables. Unfortunately, this is an old industrial area with very little available background or record information pertaining to the location and condition of the underground infrastructure. As a result, there are a lot of variables that cannot be explicitly defined. Staff recommends allocating up to $250,000 to the project in order to account for unknown, unquantifiable conditions. As a result of the storm sewer failure and required decommissioning, a new storm water outlet design will have to be undertaken to address the drainage requirements for the planned future continuation of the extension of Thorold Stone Road. ANALYSIS/RATIONALE Since this storm sewer is located in the area currently under construction for the extension of Thorold Stone Road, City Staff have worked with the Thorold Stone Road Extension project team: Region of Niagara, Upper Canada Consultants and Baiocco Construction to develop a proposed solution to this problem. Baiocco Construction possesses an active working knowledge of the soil conditions, site characteristics, environmental challenges and risks associated with working in this particular location. Additionally, Baiocco currently holds a land -access permit with CN Rail which could help expedite the project start-up process, minimizing the risk associated with the current compromised condition of the sewer. City Staff are requesting authorization from Council to proceed with the proposed decommissioning work through the direct appointment of Baiocco Construction. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Since this work is the result of an unanticipated emergency situation, funding was not included in the 2016 approved budget. Staff recommends that funding for this project be allocated from the City's Capital Holdings Reserve. CITY'S STRATEGIC COMMITMENT The recommendations contained within this report are consistent with Council's Strategic Priorities to achieve the goals of infrastructure sustainability and to provide a healthy and safe community. July 12, 2016 3 MW -2016-30 LIST OF ATTACHMENTS 1. Location Map — approximate location of collapse 2. Sewer Inspection Photo 3. Capital Budget Worksheet Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Eric Lallouet/Geoff Holman M l 1 INSigNIA taarAMI PEIM ammo, N R..BLE TRACTOR VOLTS POWER SUPPLY :r:.icsim /Mawr ! ^ tans MODEL TC32Q0 fl 1. by eu AMPS ' 9 WINCYqEEL CONTROLLER Attachment No. 2 Capital Budget Worksheet 2016 Department Municipal Works - Engineering Project Name Cytek Lands & 4th Av Storm System Project I.D. # New Priority (1-3) Included in 10 year Capital Plan (y/n) Project Description Establish an adequate storm system outlet for Fourth Avenue and the Cytek Lands Projected Start Date: Opening Balance -Jan 01 (surplus)/deficit EXPENDITURES Engineering Fees/Design/Studies Land/Building/Furniture/ Equipment Construction located north of Fourth Avenue YEAR 2016 YEAR 2017 YEAR 2018 YEAR 2019 YEAR 2020 Roads Storm Sewers Water Sanitary Sewers S itework/Land scaping Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES 180.000 Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus)/deficit 180,000 180,000 180,000 "1/4 T N alls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW -2016-31 Fernwood Trail Development Phase 2 Contract Award 2016-385-15 MW -2016-31 July 12, 2016 RECOMMENDATION 1. That the tender for the Fernwood Trail Development Phase 2 be awarded to Anthony's Excavating Central Inc. in the amount of $252,141.00 (excl. HST). 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Fernwood Trail Development Phase 2 project to the low bidder, Anthony's Excavating Central Inc. The contract amount is within budget forecasts. No additional funding is necessary. The community request to expand the swing area within the Fernwood Park neighbourhood playground will be implemented. BACKGROUND The Fernwood Trail is situated adjacent to the stormwater management facilities for the Fernwood Subdivision. Once completed, the (900 metre long) Fernwood Trail will extend from Garner Road to the West limit of Hendershot Boulevard and will also connect to Fernwood Park. The trail will be paved with asphalt and feature seating areas, signage and landscaping. The first phase of the Fernwood Trail (approximately 500m long) was undertaken in 2014 (MW -2014-38) along with a neighbourhood playground. The second phase of the Fernwood Trail will be approximately 400m long and connect the phase 1 trail to the west end of Hendershot Boulevard. Other contract works will include the paving and erecting of vehicular barriers within the emergency access that extends from Lundy's Lane to Hendershot Boulevard. See attachment #1. City staff conducted a Public Information Centre (PIC) for the Fernwood Trail Development Phase 2 project on April 18, 2016 at Forestview Public School. Comments received at the PIC along those submitted through the greater consultation period (April 6, 2016 to May 2, 2016) indicated 2 MW -2016-31 July 12, 2016 general support for the project but also highlighted a neighbourhood desire to expand the existing swing set in the Fernwood Park neighbourhood playground. A subsequent neighbourhood petition was submitted to City Council at the June 14, 2016 meeting supporting the swing set expansion. ANALYSIS/RATIONALE To implement the Fernwood Trail Development Phase 2 project a tender call was issued on May 31, 2016 with a closing date of June 21, 2016. This tender call also included a plan for an expansion of the swing area at the Fernwood Park neighbourhood playground as a provisional item. See attachment #2. Six contractors submitted bids. Contractor City Tender Price Corrected Bid Anthony's Excavating Central Inc. Wellandport $252,141.00 N/A V. Gibbons Contracting Ltd. Stevensville $263,099.50 N/A CRL Campbell Construction Inc. Wainfleet $282,120.00 $282,121.80 St. O'Hara Trucking & Excavating Catharines $287,415.70 N/A Touchstone Site Contractors Inc. Thorold $291,846.00 $291,216.00 Stevensville Lawn Service Inc. Stevensville $277,602.00 $321,752.00 Staff completed a thorough review of each bid and found the bid submitted by Anthony's Excavating Central Inc. for the amount of $252,141.00 (excluding HST) was the lowest bid and met all necessary requirements. Furthermore staff found the quoted costs associated with the requested swing set expansion could be accommodated within the existing project budget. As such staff are proposing to implement this work. This tender award represents part of the overall project and further expenditures will be made including site furnishings, swing set and consultant services. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Expenses for this contract are within the funded budget allocated to the Fernwood Park and Trail multi -phase project. No additional funding is necessary. This project is 100% growth related and is supported 90% through development charges. There are no staffing or legal implications with this contract award. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. Fernwood Trail Phase 2 Site Plan 2. Swing Set Expansion Plan Recommended by: Respectfully submitted: David Antonsen 3 MW -2016-31 July 12, 2016 Geoff Holman, Director of Municipal Works UY. Ken Todd, thief Administrative Officer PROJECT 2016-38345 FERNWOOD TRAIL PHASE 2 di hii Niag i apfI1S REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works MW -2016-26 July 12, 2016 SUBJECT: MW -2016-26 Colborne St Sewer Separation & Road Reconstruction Phase I Tender Result - Contract No. 2016-320-13 RECOMMENDATION 1. The contract be awarded to the lowest bidder Demar Construction Inc. at the tendered price of $931,681.42. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY In 2013 City staff approved the design of the Colborne Street sewer separation and road reconstruction project from St. James Avenue to Portage Road. The sewer separation will provide future storm sewer outlets at both St. Peter Avenue and St. James Avenue. Phase I work also includes replacement of the existing watermain and full road reconstruction. Phase II work will include intersection improvements at Portage Road and will be coordinated with proposed signalization improvements. Tenders bids were received from seven (7) construction firms and were opened on Tuesday, June 28th, 2016. The lowest tender price was received from Demar Construction Inc. in the amount of $931,681.42. Construction funding for the Colborne Street sewer separation and road reconstruction project was approved in the 2016 Capital Budget. Additional funding has been approved through the Ontario Community Infrastructure Fund and the Niagara Region Combined Sewer Overflow (CSO) Control Policy. There is sufficient funding available for the proposed tender award. BACKGROUND In 2013 City staff approved the design of the Colborne Street sewer separation and road reconstruction project. Hatch Mott MacDonald was retained by City staff to complete the design. The project limits extend along Colborne Street from St. James 2 MW -2016-26 July 12, 2016 Avenue to Portage Road. A location plan has been provided as Attachment 1. The sewer separation will provide a future storm sewer outlet for both St. Peter Avenue and St. James Avenue south of St. John Street. The project will include the removal of the existing combined sewer system, the installation of new storm and sanitary sewers, replacement of the existing watermain and full road reconstruction. The road reconstruction will include sidewalk improvements, as well as new curb and gutter. In order to provide tactile warning plates on the sidewalks located at the Portage Road and Colborne Street intersection, daylighting property is required. Staff has retained a legal surveyor; however, property acquisition is still in its early stages. As a result, the limits of full road reconstruction under Phase I will terminate before the required property acquisition. Improvements to the sidewalk at the intersection will be completed as Phase II and will be coordinated with proposed future signalization improvements at Portage Road. ANALYSIS/RATIONALE The project tender documents were picked -up by twelve (12) construction firms and seven (7) bids were submitted. The Tender Opening Committee, consisting of the City Clerk, Dean lorfida, the Manager of Supply and Services, Dave Butyniec, and the Project Manager, Livia McEachern, opened tenders on Tuesday, June 28th, 2016. The following table summarises the totalled tender prices (excluding HST) from the contractor submissions, complete with corrections as noted. Contractor Demar Construction Inc. City Allanburg Tender Price Corrected Bid $931,680.72 $931,681.42 Centennial Construction Niagara -on -the -Lake Peters Excavating Inc. Vic Vatrt Contracting Ltd. $1,014,304.00 $1,005,904.00 Stevensville $1,146,137.00 Welland $1,149,133.50 Rankin Construction St. Catharines $1,168,434.00 O'Hara Trucking & Excavating St. Catharines $1,292,083.00 $1,149,267.40 $1,292,088.00 Nexterra Substructures Inc. Niagara Falls $1,390,942.00 $1,390,842.00 The lowest tender price was received from Demar Construction Inc. in the amount of $931,681.42. 3 MW -2016-26 July 12, 2016 Demar Construction Inc. has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls; they are capable of undertaking and completing this project. Construction is proposed to begin in August, 2016, and is expected to take seventy five (75) working days. FINANCIAL IMPLICATIONS Construction funding for the Colborne Street sewer separation and road reconstruction project was approved in the 2016 Capital Budget. Additional funding has been approved through the Ontario Community Infrastructure Fund and the Niagara Region Combined Sewer Overflow (CSO) Control Policy. There is sufficient funding available for the proposed tender award. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted. Ken Todd, Chief Administrative Officer Livia McEachern MW -2016-26 Attachment 1 Location Map — Colborne Street Sewer Separation and Road Reconstruction Phase I STANLEY AVENUE POR [!7 Ng own DO ER RP 9 II I 111111111 "7- NiagaraFalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW -2016-32 July 2, 2016 SUBJECT: MW -2016-32 Tender Award Contract No. 2016-400-16 Desson Avenue and Slater Avenue Road Reconstruction RECOMMENDATION 1. The contract be awarded to the lowest bidder Demar Construction Inc at the tendered price of $2,854,218.86. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Desson Avenue from Spring Street to Kitchener Street and Slater Avenue from Lewis to Kitchener Street have been identified by Infrastructure Staff as needing sewer separation and full reconstruction. The roads and sidewalks are in poor condition and the residents experience basement flooding during large storm events. Reconstruction of these streets will help alleviate these issues. This project is a continuation of the work that was started in 2014 on North Street and Forsythe Street and continued in 2015 on Buchanan Avenue. The purpose of this report is to seek Council's authorization to award the contract and complete the necessary construction this year. The contract is within the budget approved for the project. BACKGROUND The Tender Opening Committee in the presence of the City Clerk, Dean Iorfida and the Project Manager, Chris Anders, opened tenders on Tuesday, June 27, 2016 at 2:00 p.m. for the above noted contract. Tender documents were picked up by twelve (12) contractors and suppliers and five (5) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors. July 2, 2016 2 MW -2016-32 Contractor City. Tender Price Corrected Bid Demar Construction Allanburg $2,861,416.96 $2,854,218.86 Provincial Construction Niagara Falls $2,892,948.01 $2,976,108.01 ,Alfidome Construction Niagara Falls $2,911,534.78 $2,997,170.28 Nexterra Niagara Falls $2,913,378.80 $2,913,418.90 Centennial Construction Niagara -On -The -Lake $3,035,693.80 ANALYSIS/RATIONALE The lowest tender was submitted by Demar Construction Inc in the amount of $2,854,218.86. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for this project was included in the 2016 Capital Budget. The total $3,209,925.00 budget is sufficient to cover all construction expenditures including material testing. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1. Location Map Recommended by: Respectfully submitted: Chris Anders/Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer F-- Z T." xi 0.,1- ,i, `'Wa ti " y4, iii „.,.•;a. la 11 N N 3} ",L1 uj ; N 7 a F ) Z : N / IR p( �y -fir M Y 'f'v p r .rigs �yy'aN +^ t" I n R3 M n76 �' i,- In 'I 5 S fi 'l c3 i ,, Iri w � w In w u, �n �(p. W4 �p s�pjry1 Mp �'+1OWp 4 rgi i+' in �� z5 1, !n M i 2 i 51'1 l V1 l'i N l r,F, r u , N y y'1 N M i rile 444�� M K_ l n•l N � � �(�y.n Q �y � � y� l/1 N � .� N j i VMi M R n pip /{p�y� 41 � � IL5 � �j Ih In � V� � � � M � � � 4vAl m Y'1 N P 5 R 2 F. L, i! g 1; 2 BUCErt-,, AN A g- P,' 5 BUCFIANAN AV n r. r 811CHpMpN AV Ci i:+ s�iz u^+ '�L' a �7 M er Let VYLn N N M M M^ Yi OI%'1 ^ 6 555fTff111 4r'1 M l!1 a M 11'1 f�'V ". n+ 1/1 N 1�1 M fr ❑ 0 fV11 InA N M M $ =in M 1 'M STANLEY AV STANLEY AV r STANLEY AV q "' STANLEY AV R k c ^ R a R Ii ii Q en q 1A F ` In 0 1 : W,— i i ,- VI p[ Y. M BUCHANAN AV STANLEY A "1/4 Niagiirarg14 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-32 July 12, 2016 SUBJECT: PBD -2016-32 Matters Arising from Municipal Heritage Committee Proposed New Doors for Old St. Johns Church/ Stamford Green Heritage Columbarium RECOMMENDATION That Council approves the alteration to the Old St. John's Church/Stamford Green Heritage Columbarium and specifically, the installation of new front entrance doors as it will assist in the preservation and security of the building and allow the building to be more accessible. EXECUTIVE SUMMARY The Municipal Heritage Committee supports the alteration to a designated property and specifically the design of the two new front doors proposed by Cemetery Services/Scott Construction at the Old St. John's Church/Stamford Green Heritage Columbarium as they will make the building more accessible and more secure. At a meeting held on June 27, 2016, the Municipal Heritage Committee adopted the following motion: "That the current doors be replaced with an appropriate wood door as proposed by Cemetery Services and the quote from Scott Construction and to replicate the doors as closely as possible to the drawing done by Peter Stokes which shows a six panel door from the 19th century - 1850." ANALYSIS/RATIONALE The Old St. John's Church/Stamford Green Heritage Columbarium is designated under the Ontario Heritage Act and also has an easement held by the Ontario Heritage Trust. As such, any alterations to the property must be approved by the Ontario Heritage Trust and City Council. Given that the building operates as a columbarium, City cemetery services are responsible for the maintenance of the building. It has been determined by the City that new front entrance doors were required for enhanced security and accessibility. 2 PBD -2016-32 July 12, 2016 The Municipal Heritage Committee was consulted by the Manager of Cemetery Services, Mark Richardson and an appropriate design was determined as follows: • During the 1984 Restoration it was determined that the period of significance for the building was 1825 -1850; • Existing doors are a reproduction of doors from the period of significance; • Proposed doors are to be a reproduction of that same period of significance. FINANCIAL IMPLICATIONS There are no financial implications for the Municipal Heritage Committee as the funding for this project is included in the Cemetery Services budget. CITY'S STRATEGIC COMMITMENT To further the preservation of the City's Heritage. Recommended by: , Respectfully submitted. P.Boyle:mb Attach. Alex Herlovitch, Direct of Planning, Building & Development Ken Todd, Chief Administrative Officer S:\PDR\2016\PBD-2016-32, Matters arising from MHC, Old St Johns Church Heritage Columbarium.docx 57:74. Niagara -alis REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-33 July 12, 2016 SUBJECT: PBD -2016-33 PLC -2016-004, Request for Removal of Part Lot Control Block 75, Plan 59M-401 7180 to 7192 Stacey Drive Applicant: Kenmore Homes Agent: Carmela Agro, Upper Canada Consultants RECOMMENDATION That Council approve the request and pass the by-law included in tonight's agenda to designate Block 75 on Registered Plan 59M-401, as exempt from Part Lot Control for a period of two years; and 2. That the developer be required to notify the City when the new deeds for the parcels have been registered. EXECUTIVE SUMMARY Kenmore Homes has requested that Council pass a by-law to exempt the land from being subject to Part Lot Control to allow the transfer of ownership of the four on -street townhouse dwelling units currently under construction on Block 75 and to allow the creation of a servicing easement. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the block is located within a registered subdivision; • the by-law will permit a deed to be created for each on -street townhouse dwelling unit and permit each property to be sold; and • the zoning permits the proposed parcel sizes. BACKGROUND Proposal Kenmore Homes has submitted a request to have Part Lot Control removed from Block 75 (7180 to 7196 Stacey Drive) in the Optimist plan of subdivision. The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow separation of the four on -street townhouse dwelling units that are under construction to be sold separately, and to allow the creation of a servicing easement. Refer to Schedule 2 for further detail. 2 ANALYSIS/RATIONALE PBD -2016-33 July 12, 2016 The block of land is located within the Optimist plan of subdivision (59M-401) which was registered in 2013. The subdivision contains a mix of lots for single -detached dwellings and blocks of land for on -street and block townhouses. Building Permits were issued in April, 2016 to permit the on -street townhouse to be constructed on the subject block of land. The proposed parcel configurations are shown on the attached reference plan (Schedule 2). The block is zoned Residential Mixed (R3-974) by Zoning By-law No. 79-200, as amended by By-law No. 2013-005. The proposed parcels comply with the zoning regulations regarding the lot size, lot frontage and number of units. The Zoning By-law permits a maximum of four on -street townhouse dwelling units on Block 75. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of the Part Lot Control by-law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. The developer should be required to notify the City when the new deeds have been created to assist in record keeping. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Development charges were collected at the time of Building Permit issuance. CITY'S STRATEGIC COMMITMENT This application does not affect any of Council's strategic initiatives. LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map ➢ Schedule 2 — Proposed Lots Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2016\PBD-2016-33, PLC -2016-004, Request of Removal of Part Lot Control, 7180 to 7192 Stacey Dr docx 3 SCHEDULE 1 Part Lot Control Application - PLC -2016-004 7180-7192 Stacey Drive PBD -2016-33 July 12, 2016 Location Map ppTIMIST LN -'I71 iTh 11114. 2014 Subject Lax! N1623.351 30.530 (LT) r 518 (1257) (WIT) 50 E N 1 r, N 10 0- 1 50 SIB 4 SCHEDULE 2 STACEY DRIVE (PER REGISTERED PLAN 59M-401) PIN 64416-0346(LT) N73136'25"W 18.955 P1 & rr,nvn. 7.627 IB 1.500 P2 & set P 1 N 7.626 IB SIB (744) R= 56.000 P1 & me set A= 11.549 P1 C= 11.530 P1 & mese. N79.18'45"W Pt & meoe. 6.664 18 C 6 4 4 1 6 6.664 18 3.164 A= 3.504 C= 3,503 N75. 20.20.% N16'23'35 -E 30. 0 3 6.664 1E1 18 N16'23'35'E 30.642 IB 0 (744) PBD -2016-33 July 12, 2016 NORTHEAST CORNER A= 8.045 BLOCK 75 C= 8.038, 40"`N m 1-- 0, LL 3 2 ( L T ) 13.509 IB N73'34'45'W 35.963 P1 & mess MORRISON STREET (AS LOCALLY KNOWN) PIN 64416-0237(LT) A Niagi i'aJQIls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2016-35 July 12, 2016 SUBJECT: PBD -2016-35 DOW -2016-003, Commercial Building & Facade Improvement Grant and Revitalization Grant 4458 Queen Street Applicant: Niagara Radio Group Limited RECOMMENDATION That Council approve the Commercial Building and Facade Improvement Grant and Revitalization Grant Applications for 4458 Queen Street, subject to the owner satisfying the program requirements. EXECUTIVE SUMMARY This application can be supported because • the facade and building improvements will improve the appearance of this building; • the facade and commercial building improvements comply with the City's grant programs; • the facade improvement grant and building improvement grants would total $22,100 with the City contributing one half and the Region contributing one half. The funding is available in the Downtown Reserve BACKGROUND The subject building is located on the south east corner of Queen Street and St. Clair Avenue. The building has been used as a radio station and offices. The applicant has applied under the Commercial Building and Facade Improvement Incentive Program to rehabilitate the facade and replace the roof which is leaking resulting in some water damage. Facade Improvement Grant The facade of the building along Queen Street currently has a pebble dash finish which is chipped and damaged in some places. The applicant wishes to stucco over the pebble dash, apply a new 8" stucco molding and refinish the corbels and soffit, parapet and corrugated roof (see Appendix 2 — Facade Improvement Details). 2 PBD -2016-35 July 12, 2016 The original look of the building has been modified over the years with the replacement of recessed entries and display windows with new walls and windows at ground level. The second level of the building with the brick finish and architectural roof features remain close to the original design (see Appendix 3 — Historical Photo). The retention and refinishing of these details is desirable and the improvement of what now exists at street level meets the intent of the Incentive Program. The estimated cost of the stucco work along Queen Street and St. Clair Avenue is over $24,200. The Facade Improvement Grant can provide a total of 50% of the estimates up to $10,000 plus an additional $5,000 grant for properties that have highly visible frontage along Queen Street or Erie Avenue. If supported, the Facade Improvement Grant would be 50% of the lowest cost estimate which would total $12,100. The City and Region's contribution to this grant would be $6,050 each. Commercial Building Improvement Grant The Commercial Building Improvement Grant can provide a matching grant equivalent to 50% of eligible building improvements and rehabilitation work up to a maximum of $10,000, whichever is less. The applicant has provided estimates for a new flat roof totalling $32,000. If supported the Commercial Building Improvement Grant would total $10,000. The City and Region would both contribute $5,000 each. ANALYSIS/RATIONALE The improvements proposed are eligible under the Commercial Building and Facade Improvement Incentive Program for the Downtown area. The replacement of the roof is necessary for the future use of the building due to water damage to the ceilings and walls at both the upper and lower levels. The applicant is eager to proceed with repairs to minimize damage. Other interior renovations will be needed to make the building rentable and, according to the applicant, work to clean the interior will proceed to list and attract a new tenant. Office type uses are proposed for the building. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The funding for this request will come from the Downtown CIP Special Purpose Reserve. The reserve has been established to provide funding for the City's expenses related to non-interest loans and for qualified grants. There are sufficient funds available for the subject application. If approved, the recommended grant, of which the City's portion would equal $11,050, will result in an unencumbered balance of $241,948. CITY'S STRATEGIC COMMITMENT The approval of the applications will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown by assisting the property owner with building rehabilitation. 3 PBD -2016-35 July 12, 2016 LIST OF ATTACHMENTS ➢ Appendix 1 — Location Map and Photo ➢ Appendix 2 — Facade Improvement Details ➢ Appendix 3 — Historical Photo Recommended by: c Alex Herlovitch, Director of Planning, Building & Development ] 1 Respectfully submitted. Aihifr\-* Ken Todd, Chief Administrative Officer F.Bernardi:mb Attach S:\PDR\2016\PBD-2016-35, DOW -2016-003, Commercial Building & Facade Improvment Grant, 4458 Queen St docx 4 PBD -2016-35 July 12, 2016 APPENDIX 1 PARK ST QUEEN ST TJ 1.0 HURON ST nv ti3 iSAa MORRISON ET paRK ST QUEEN St Post Office HURON ST MORRISON ST QUEEN ST iiURON ST 7;2'3_ a7.) QUEEN ST O me Z P 7- City Hall D O < n 0 - Z D F p 0 A MORRISON ST MORRISON ST rn U1 �- E Js za ,�w VVuY �Zo 0 N W=Lai.,- Uon , D H; v.� < A w 5 PBD -2016-35 July 12, 2016 APPENDIX 2 Z w0 W 1-J w> wLL LU :< x OQ Ud coQ fu__ vZ W AS NOTED w U J. VAN MUYEN W Z 0 APPROVED: (nv N. ne a •rn Z \,wZ2=m� Q w 6 PBD -2016-35 July 12, 2016 w 0 O .i, VAN MUYEN w z 0 O z w Q } m 0 w 0 m a CN m 0 (V 0 7 PBD -2016-35 July 12, 2016 APPENDIX 3 Nii garape!1 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS -2016-28 Taylor Street — Parking Review TS -2016-28 July 12, 2016 RECOMMENDATION That a 15 -minute parking zone is established on the north side of Taylor Street from a point 14 metres west of Drummond Road to a point 20 metres west of Drummond Road. EXECUTIVE SUMMARY A 15 -minute parking zone will allow one driver to park for a short term period while visiting the abutting businesses or apartment tenants. BACKGROUND Transportation Staff were requested to review the feasibility of providing a short term parking space on Taylor Street next to the commercial businesses. Currently, parking is prohibited at all times on the north side of Taylor Street from Drummond Road to a point 14 metres west of Drummond Road, and on the south side from Drummond Road to a point 20 metres west of Drummond Road. Parking is prohibited at all times on Drummond Road. The property on the northwest corner of Drummond Road and Taylor Street has two buildings. Phong's Court Chinese Restaurant is in one building which contains two apartment units. Subilicious Submarines/Salads and Niagara Vacuums are in the building closest to the intersection which has three apartment units. The parking lot for the commercial businesses can fit 12 vehicles and is accessed from Drummond Road. The off-street parking area for the residential units for the corner building is via Taylor Street and can fit three vehicles side by side. To the west on Taylor Street are single family residential dwellings. 2 ANALYSIS/RATIONALE TS -2016-28 July 12, 2016 Drivers that park their vehicle for the entire day next to the businesses forces customers who wish to park on Taylor Street to park further west into the residential area. Short term parking creates turnover enabling multiple customers to park and attend the adjacent businesses. All three of the adjacent businesses could benefit from a short term on -street parking space. Residents and businesses that would be directly impacted by the signage were advised of Staff recommendation through a letter and no comments were received. Given the foregoing, Staff is recommending that a 15 -minute parking zone is established on the north side of Taylor Street from a point 14 metres west of Drummond Road to a point 20 metres west of Drummond Road. The parking space would be available to anyone for up to a 15 minute time limit. Unrestricted daytime parking will remain on both sides of Taylor Street beyond the proposed 15 -minute parking zone. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2016 General Purposes Budget. Installing the signs is estimated to cost approximately $250. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study area drawing. Recommended by: Karl Dren, Director of Transportation Services + Respectfully submitted: Ken Todd, Chief Administrative Officer M. Carrick Jnels'3d as9 Existing "No Parking" zone . . • ■ ✓ . • ■ z Proposed 15 -Minute parking zone i a) 15 5 N L coin � L 0 0•— N cn co 1 � L SNOI1f11OS3a The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent on September 22nd 2016; and WHEREAS this is the fifth year that the Niagara Falls Museums has hosted the event; and WHEREAS the organizers would like to provide alcohol to the public for the event; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance; and WHEREAS the event is significant as it supports the artistic talents of local residents and promotes the Historic Drummondville area. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers "Niagara Falls Night of Art" to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Heart Niagara is a charitable not-for-profit organization incorporated, founded in 1977 to improve heart health services in Niagara; and WHEREAS Heart Niagara recently moved locations to 4635 Queen Street; and WHEREAS in association with their grand opening on July 28th, they wish to host a dinner event on Queen Street; and WHEREAS the organizers would like to provide alcohol to the public for the event; and WHEREAS to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the Festival requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Heart Niagara event to be of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Standup for Kids with Autism is new, not-for-profit organization incorporated, with a mandate of helping families of children with autism; and WHEREAS the group is hosting a co-ed baseball tournament and related event at Patrick Cummings Park on August 14th, 2016 with all proceeds going to families with children with autism; and WHEREAS the organizers would like to provide alcohol to the public for the event; and WHEREAS to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the Festival requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers such fundraising events, like the upcoming event organized by Standup for Kids with Autism to be of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Urban Slide is a highly, anticipated event coming to Niagara Falls, scheduled for Drummond Hill on August 13th, 2016; and WHEREAS the event is anticipated to bring many locals and visitors to the community; and WHEREAS the organizers would like to have a beer garden and provide alcohol to the public for the event; and WHEREAS to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the Festival requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Urban Slide to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to provide for the entry upon adjoining lands. WHEREAS by section 132 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, by-laws may be passed by the councils of local municipalities for permitting an owner or occupant of any building, fence or other structure or the agent or employee of such owner or occupant, to enter upon any adjoining land for the purpose of making repairs, alterations or improvements to such building, fence or other structure, but only to the extent necessary to effect such repairs, alterations or improvements; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Entry - Adjoining Lands 1. Repair - Alteration - Improvement - Entry Permitted 1.1 Subject to section 2 of this by-law, an owner or occupant of any building, fence or other structure in the City of Niagara Falls or the agent or employee of such owner or occupant, is hereby permitted to enter upon any adjoining land for the purpose of making repairs, alterations or improvements to such building, fence or other structure, but only to the extent necessary to effect such repairs, alterations or improvements. 2. Notice - 48 Hours - Required - Except with Consent 2.1 Except with the consent of the occupier of the adjoining land, no person shall enter upon such adjoining property pursuant to section 1 of this by-law, without at least 48 hours before such entry, notifying the occupier of such adjoining property, where such notification is capable of being given, having regard to all the circumstances. 2.2 The notice as required by subsection 2.1 shall be in writing and shall include the following details: 2.2.1 the date the entry is to commence; 2.2.2 the duration of such entry; 2.2.3 a description of the proposed work to be conducted on the adjoining lands; 2.2.4 a signed statement by the owner that he or she covenants and agrees to comply with the requirements contained in this by-law and that their entry and work on the adjoining lands shall be in accordance with the description of such entry and work as contained in the notice; 2 2.2.5 proof of third party liability insurance by way of Certificate of Insurance in the amount of at least $2,000,000.00; and 2.2.6 a copy of this by-law. 2.3 The notice to the owner of adjoining lands required by this by-law shall be served by either personal delivery to a person ordinarily residing at the adjoining lands or by sending the notice by registered mail to the municipal address of the adjoining lands. 2.4 In any case of adjoining lands that are vacant, notice may be delivered by registered mail to the address of the owner of adjoining lands as indicated in the property tax assessment rolls of the City of Niagara Falls. 2.5 Any notice, if personally delivered, shall be deemed to have been validly and effectively given and received on the date of such delivery and if sent by registered mail, shall be deemed to have been validly and effectively given and received five days after it was sent. The forty-eight (48) hours' notice period required in subsection 2.1 shall commence on the date the notice was deemed to have been validly and effectively served and received. Civil Actions 3. Rights - Not Affected 3.1 Nothing in this by-law affects a right to bring a civil action for damages, or otherwise, arising out of the entry upon any adjoining property. Conditions 4. Applicable to Power of Entry 4.1 The following conditions apply to the power of entry under this by-law: 4.1.1 the power of entry may be exercised by an employee or agent of the owner or occupant of land; 4.1.2 a person exercising the power of entry must display or, on request, produce proper identification attesting to ownership of the land or authority to perform repairs, alterations, or improvements to a building, fence or other structure. 4.1.3 nothing in the by-law authorizes entry into a building; 4.1.4 the owner or occupant shall provide reasonable notice of the proposed entry, to the occupier of the adjoining land; and 3 4.1.5 the owner or occupant of land shall, insofar as is practicable, restore the adjoining land to its original condition and shall provide compensation for any damages caused by the entry or by anything done on the adjoining land. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 12, 2016 Second Reading: July 12, 2016 Third Reading: July 12, 2016 CITY OF NIAGARA FALLS By-law No. 2016- A by-law to authorize a Transfer, Release and Abandonment of Easement to release the easement registered as Instrument Number SN378300, over part of Lots 19 and 20, Concession 3, designated as Part 1 on Reference Plan 59R-14902. WHEREAS the easement registered on the 21st day of June, 2013 as Instrument Number SN378300 over part of Lots 19 and 20, Concession 3, designated as Part 1 on Plan 59R-14902 is no longer required on title to the property; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: The Transfer, Release and Abandonment of Easement to release the Transfer of Easement registered as Instrument Number SN436111 as it applies to part of Lots 19 and 20, Concession 3, designated as Part 1 on Reference Plan 59R- 14902, is hereby approved and authorized. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 12, 2016. Second Reading: July 12, 2016. Third Reading: July 12, 2016. CITY OF NIAGARA FALLS By-law No. 2016 — A by-law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Props. Inc. respecting Chippawa West — Phase 2 — Stage 3 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Planning, Building and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated September 29, 2015, and made between Queensway Chippawa Props. Inc. as Subdivider, and The Corporation of the City of Niagara Falls as City, with respect to the lands comprised of part of Township Lots 19 and 20, Concession 3 Willoughby; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedule "C", a copy of which Schedule is attached as Appendix "3", is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "F" and "G", copies of which Schedules are attached as Appendices "4" and "5", are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by-law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreement and documents upon receipt of written confirmation from the Director of Planning, Building and Development that all of the City's Conditions for the execution of the said Agreement have been satisfied. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 12, 2016. Second Reading. July 12, 2016. Third Reading: July 12, 2016. P P E N D I X' 1 1 1 CHIS AGREEMENT made this 29th day of September, 2015. BETWEEN: QUEENSWAY CHIPPAWA PROPS. INC. Hereinafter called the "Subdivider", - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", Schedule Page 14 of the FIRST PART; of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, for approval of a plan of subdivision (hereinafter called "the Plan") attached hereto as Schedule "A" and entitled CHIPPAWA WEST — PHASE 2 -STAGE 3 SUBDIVISION, being lands comprising part of Township Lots 19 and 20, Concession 3 Willoughby, in the City of Niagara Falls, Regional Municipality and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands"; AND WHEREAS in accordance with the conditions imposed by the City, the Subdivider is required to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the Plan, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the Plan and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows: 1. LANDS AFFECTED The Chippawa West Subdivision Phase 2 (43.336 ha) has been draft approved October 26, 2008 and red -lined revised April 18, 2011 and December 10, 2013. The registration of this plan shall proceed in stages depending on servicing availability. Land dedication in subsequent stages will be delineated as (future). The lands affected by this agreement are all those lands described in Schedule "B" attached hereto (hereinafter referred to as "the lands"), and the Subdivider warrants that it is the registered owner of thereof free and clear of all encumbrances. 2. RECITALS The Subdivider agrees that all of the recitals to this agreement are true and accurate and shall form part of this agreement and that the Schedules "A", "B", "C", "D", "E", "F", "G", "H" and "I" attached hereto shall form part of this agreement. 3. TAXES The Subdivider shall pay to the Treasurer of the City, on or before the execution of this agreement by the City, all arrears of taxes (if any) and current taxes including local improvement rates to December 31st, 2016 owing in respect of the lands and the buildings situated thereon. '.PPENDIX " Z " Schedule Page Schedule "A" Chippawa West Subdivision — Phase 2 Stage 3 A44* "I* MI II Blk 66 21 smurnivaoar4 DR 111111 =a ECUPS€ WY Blk 65 Mk 61 BM 72 I B111 13 01k 68 131k 64 Blk 59 B1k 63 B1k 58 Blk 57 MUM( RD B6( 09 Blk 7C • This is not a Plan of Survey Ii J Subdivision Plan 1 lrPhase 2 Stage 3 Boundary E I Existing Property Parcel Road Allowance L S:\Bonnie\Agreements - Subdivisions\CHIPPAWA WEST - PHASE 2 -STAGE 3\Schedule A.docx Scale 1: NTS APPENDIX "3 " Schedule "C" Chippawa West Subdivision - Phase 2 Stage 3 Summary - Costs of Services ITEMSSIGNING ESTIMATED TOTAL COSTS CASH DUE at of LETTER of CREDIT DUE at SIGNING of AGREEMENT GREEMENT CLASS I WORKS 1. Watermains $ 310,468.20 $ 310,468.20 Watermains including all water services complete with curbstop and box at street line on all streets within the Subdivision 2. Sanitary Sewermains $ 278,051.48 $ 278,051.48 Sewers including all sanitary service laterals to the street line on all streets within the Subdivision 3. Storm Sewermains $ 534,854.84 $ 534,854.84 Sewers including all service laterals to the street line on all streets within the Subdivision 4. Granular Roads $ 293,518.93 $ 293,518.93 Excavation and Granular 'A' base of all streets within the Subdivision 5. Base Roads $ 374,429.74 $ 374,429.74 Curb & Gutter, HL8 Base Lift(s) Asphalt Paving of Streets and Granular 'A' Driveway Ramps to all Lots 6. Fencing Fencing within the Subdivision i) West Property Line of Lots 1-11 (170m) $ 10,837.50 $ 10,837.50 ii) North & South of Block 68 Walkway (68m) $ 4,335.00 $ 4,335.00 iii) East of Block 66 (SW of SWMP)(33m) $ 2,103.75 $ 2,103.75 iv) North of Lots 51 & 52(68m) $ 4,335.00 $ 4,335.00 UTILITIES 7. Street Signs a) Street Name Signs $ 1,427.00 $ 1,427.00 b) Regulatory/Parking/Warning Signs $ 3,805.00 $ 3,805.00 8. Street Lighting a) Within the Limits of the Subdivision (28 Lights) $ 84,000.00 $ 84,000.00 CLASS 1I WORKS 9. Finished Roads $ 111,744.61 $ 111,744.61 HL3 Top Lift Asphalt Paving of Streets 10. Sidewalks a) Sidewalks within the Limits of the Subdivision $ 115,345.59 $ 115,345.59 11. Boulevard Trees a) Within the Limits of the Subdivision (101 Trees) $ 35,350.00 $ 35,350.00 Sub Totals: $ 2,164, 606.64 $ 39,155.00 $ 2,125,451.64 Contingency (10%): on Items 1-7(a) & 8-10 $ 212, 545.16 $ 212, 545.16 12. Engineering Costs a) City 3% Administration Fee on Items 141 $ 64,938.20 $ 64,938.20 b) City 2.5% Inspection Fee on Items 1-7(a), 9 & 10 $ 51,036.29 $ 51,036.29 c) City Streetlight Consultant Inspection Fee $ 4,480.00 $ 4,480.00 TOTALS: $ 2,497,606.29 $ 159,609.49 $ 2,337,996.80 12. Lot Grading Deposit $ 50,000.00 , $ 50,000.00 S:\Bonnie\Agreements - Subdivisions\CHIPPAWA WEST - PHASE 2 -STAGE 3\Schedule C Schedule "C" Chippawa West Subdivision - Phase 2 Stage 3 Summary - Costs of Services ITEMS ESTIMATED TOTAL COSTS CASH DUE at SIGNING of LETTER of CREDIT DUE at SIGNING of GREEMENT AGREEMENT 13. As -Constructed Plan Deposit $ 20,000.00 $ 20,000.00 S:\Bonnie\Agreemenls - Subdivisions 1CHIPPAWA WEST - PHASE 2 -STAGE 3\Schedule C APPENDIX " Schedule "F" Chippawa West Phase 2 Stage 3 Parkland Dedication: Block 67 — Park Block Registered Plan 59M S:\l Subdivisions \I Subdivisions \2014-355 Warren Woods Phase 4\Agreemenl\Schedule F doc Schedule Page APPENDIX "5 " Schedule Page Schedule "G" Chippawa West Subdivision — Phase 2 Stage 3 Easements and Lands to be Deeded to the City of Niagara Falls: 1) Easements — To be Granted to the City within the Lands of the Subdivision A. For rear yard catchbasins and leads — 3.0m along the rear property line i) Part 15 — lot 19 B. For rear yard catchbasins and leads — irregular shape located along the rear property line: i) Part 16 — lot 18 C. For rear yard catchbasins and leads —1 8 m wide for full length, along the side lot line: i. Part 2 - Block 58 ii. Part 4 - Block 59 iii. Part 6 - Block 60 iv. Part 8 - Block 65 v. Part 10 — Lot 5 vi. Part 11 - Lot 9 vii. Part 13 — Lot 13 D. For rear yard catchbasins and leads — 1.2 m wide for full length, along the side lot line: i) Part 1 — Block 57 ii) Part 3 — Block 58 iii) Part 5 — Block 59 iv) Part 7 — Block 64 v) Part 9 — Lot 4 vi) Part 12 — Lot 10 vii) Part 14 — Lot 14 2) Blocks — To be deeded to the City within the lands of the subdivision i. Block 70 — 0.30 m reserve ii. Block 71 — 0.30 m reserve iii. Block 72 — 0.30 m reserve iv. Block 73 — 0.30 m reserve v. Block 67 — Park Block vi. Block 68 — 9.0 m walkway vii. Block 69 — 3.0 m road widening S:\Bonnie\Agreements - Subdivisions\CHIPPAWA WEST - PHASE 2 -STAGE 3\Schedule G.docx CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to designate Block 75, Registered Plan 59M-401, not be subject to part -lot control (PLC -2016-004). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part -lot control, not be subject to such part -lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 2013-005 to permit on -street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 75 into 4 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part -lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 75, Registered Plan 59M-401, in the City of Niagara Falls, in the Regional Municipality of Niagara. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 12, 2016 Second Reading' July 12, 2016 Third Reading: July 12, 2016 S:\PART LOT CONTROL\2016\PLC-0041PLC-2016-004 By-law docx CITY OF NIAGARA FALLS By-law No. 2016- A by-law to amend By-law No. 79-200, to permit the Lands to be used for commercial purposes (AM -2016-002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a GC zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage (i) Keith Street 15 metres (ii) Portage Road 17 metres (b) Minimum front yard depth (i) Keith Street 6 metres (ii) Portage Road 0 metres (c) Minimum interior side yard width 2 metres along the easterly lot line (d) Minimum width of landscaped strip (i) Keith Street 6 metres, save and except for one driveway (ii) Easterly lot line 2 metres (f) The balance of regulations specified for a GC use 2 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. No person shall use the Lands for a use that is not a permitted use. No person shall use the Lands in a manner that is contrary to the regulations. The provisions of this by-law shall be shown on Sheet C3 of Schedule "A" of By- law No. 79-200 by redesignating the Lands from GC, in part, and R1 C, in part, to GC and numbered 1026. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1026 Refer to By-law No. 2016 - Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 12, 2016 July 12, 2016 July 12, 2016 S:\ZONING\AMS\2016\By-laws\Byam002.docx SCHEDULE 1 TO BY-LAW No. 2016 - Subject Land Amending Zoning By-law No. 79-200 Description: Lt 1 and Lt 4 Plan 102 Stamford, Pt Lt 2 Plan 102 Stamford as in RO732889; Niagara Falls Applicant: John McCullough Dentistry Assessment #: 2725????1011193 K: \GIS_Requests\2016\Schedule\Zoning \02\Zoning. map N i 1: NTS AM -2016-002 July 2016 CITY OF NIAGARA FALLS By-law No. 2016 — A by-law to amend By-law No. 70-69, to restrict the use of the Lands to agricultural purposes only (AM -2016-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. The purpose of this by-law is to amend the provisions of By-law No. 70-69, to limit the use of the Lands in a manner that would otherwise be permitted by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 70-69, the provisions of this by-law are to prevail. Notwithstanding any provision of By-law No. 70-69 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. (a) The permitted uses shall be agricultural uses, and buildings and structures accessory thereto, except a dwelling of any type. (b) For greater certainty, without limiting the generality of the forgoing, a dwelling of any type is not a permitted use upon the Lands. The regulations governing the permitted uses shall be: (a) Minimum lot size 6.8 hectares All other applicable regulations set out in By-law No. 70-69 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. No person shall use the Lands for a use that is not a permitted use. No person shall use the Lands in a manner that is contrary to the regulations. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 12. 2016 July 12. 2016 July 12. 2016 S:\ZON I NG\AMS12016\By-laws\Byam006. docx SCHEDULE 1 TO BY-LAW No. 2016 - Subject Land Amending Zoning By-law No. 79-69 Description: Pt Lt 7, Con 5, Humberstone as in R0761458, Save and Except Pt 1 Plan 59R15597; City of Port Colborne and City of Niagara Falls Applicant: Gary Davison Assessment #: Part of 272515000101700 K: \GIS_Requests\2016\Schedule\Zoning\06\Zoning_part2.map 1: NTS AM -2016-006 July 2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to amend By-law No. 70-69, to permit a residence not associated with an agricultural use on the Lands, subject to site specific regulations (AM -2016-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 70-69, to limit the use of the Lands in a manner that would otherwise be permitted by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 70-69, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 70-69 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) One detached dwelling (b) Accessory buildings and accessory structures 5. The regulations governing the permitted uses shall be: (a) Minimum lot size 0.4 hectares All other applicable regulations set out in By-law No. 70-69 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8 No person shall use the Lands in a manner that is contrary to the regulations. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 12, 2016 July 12, 2016 July 12, 2016 S'\ZONENG\AMS\2016\By-Iaws\Byam006b docx SCHEDULE 1 TO BY-LAW No. 2016 - Subject Land NETHERBY RD E 0 71.1 m 71.1 m CM N33219 RUMS Amending Zoning By-law No.. 79-69 Description: Pt Lt 7, Con 5 Humberstone, Designated as Pt 1 Plan 59R15597; City of Niagara Falls Applicant: Gary Davison Assessment #: Part of 272515000101700 1: NTS AM -2016-006 K:\GIS_Requests\2016\Schedule\Zoning\06\Zoning.map July 2016 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2016 - A by-law to amend By-law No. 89-2000, being a by- law to regulate parking and traffic on City Roads. (Parking Meter Zones) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule G thereto the following items:. PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIME TIMES/DAYS Buchanan Ave Both Spring Street and Ferry Street $3.00 /1 hour 2 hours 8:00 a.m. to 12:00 a.m. $075/15 minutes Daily $0.75 minimum payment Centre St. North Victoria Ave. and McGrail Ave. $3.00 /1 hour 2 hours 8:00 a.m. to 12:00 a_m. $0.75 /15 min Oct 1 - Mar 31 inclusive $0.75 minimum payment Clark Avenue Both Ferry Street and Robinson St. $3.00/ 1 hour 8 hours 6:00 a.m. - 3:00 a.m. $0.75/15 minutes Daily $10,00 / 8 hours $1.50 minimum payment Clifton Hill Both Falls Ave. and Victoria Ave. $3.00 /1 hour 2 hours 8:00 a..m to 3:00 am $0.75 /15 min daily $0.75 minimum payment Ellen Ave South Walnut St and Ferry St. $3.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. $0.75 / 15 min daily $0.75 minimum payment Fallsview Blvd Both Ferry Street and Robinson Street $3.00/1 hour 8 hours 6:00 a.m. - 3:00 a.m. daily $0.75/15 minutes Daily $10.00 / 8 hours $1,50 minimum payment COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIME TIMES/DAYS Fallsview Blvd East Robinson Street and $3.00/1 hour 5 hours 6:00 a.m. - 3:00 a. m. Murray Street $0.75/15 minutes Daily $1,50 minimum payment Ferry St Both Victoria Ave and Ellen Ave $3.00 /1 hour 2 hours 8:00 a.m. to 12:00 a.m. $0.75 /15 min daily $0.75 minimum payment Ferry St. Both Ellen Ave. and Fallsview Blvd. $3.00/1 hour 2 hours 8:00 am to 12:00 am $0.75/15 min daily $0.75 minimum payment Hunter Street Northeast A point 20 metres northwest of $3.00 /1 hour 8 hours 8:00 a.m. to 12:00 a.m. Daily Victoria Avenue and a point $0.75/15 min $1.50 minimum payment 125 metres northwest of Victoria $10 00 / 8 hours Avenue Livingstone Street Both Stanley Ave and Fallsview Blvd $3.00/1 hour 8 hours 6:00 a.m. - 3:00 a.m. $0.75/15 minutes Daily $10 00 / 8 hours 51,50 minimum payment Main Street Both Allendale Avenue/Murray Street $3.00 /1 hour 2 hour 6:00 a.m. - 3:00 a.m. And Stanley Avenue $0..75/ 15 min Daily $1.50 minimum payment Magdalen St. East Victoria Ave, and Ellen Ave. 53.00 /1 hour 3 hours 8:00 a.m. to 12:00 a m daily $0.75 /15 min $0 75 minimum payment Magdalen Street Northeast Lewis Avenue and 53.00 / 1 hour 3 hours 8:00 a.m. to 12:00 a.m. Daily McGrail Avenue $0.75 / 15 min $0 75 minimum payment McGrail Ave. South Walnut St, and Centre St. $3.00/1 hour 3 hours 8:00 a.m to 12:00 a.m. daily $0.75 / 15 min $0.75 minimum payment McGrail Ave South Magdalen and Centre St, $3.00/1 hour 3 hours 8:00 a.m. to 12:00 a.m. daily $0.75 / 15 min $0.75 minimum payment Robinson St Both Fallsview Blvd. and Clark Ave $3 00 / 1 hour 5 hours 6:00 a.m. - 3:00 a.m. daily $0.75 /15 minutes Daily $1 50 minimum payment Victoria Ave. Victoria Ave. Both Centre St. and Ferry St $3 00 /1 hour 2 hours 8:00 a.m. to 12:00 a, m. daily $0.75 / 15 min $0.75 minimum payment West Kitchener St. and Hwy 420 51.50 /1 hour 20 mins 8:00am to 10:00pm $0.40 / 15 min daily (b) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 2 COLUMN 3 COLUMN 1 HIGHWAY SIDE BETWEEN COLUMN 4 COLUMN 5 COLUMN 6 FEES MAXIMUM TIMES/DAYS Buchanan Avenue Both Clark Avenue Clifton Hill Ellen Avenue Both Both South Fallsview Boulevard Both Fallsview Boulevard East Ferry Street Hunter Street Livingstone Street Both Main Street Both Magdalen Street East Both Northeast Magdalen Street Northeast McGrail Avenue South Robinson Street Both Victoria Avenue Both Ferry Street and Spring Street Ferry Street and Robinson Street Falls Avenue and Victoria Avenue Ferry Street and Walnut Street Ferry Street and Robinson Street Robinson Street and Murray Street Victoria Avenue and Fallsview Boulevard Victoria Avenue and Kitchener Street Stanley Avenue and Fallsview Boulevard Stanley Avenue and Allendale Avenue/ Murray Street Victoria Avenue and Ellen Avenue Lewis Avenue and McGrail Avenue Walnut Street and Magdalen Street Fallsview Boulevard and Clark Avenue Centre Street and Ferry Street $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 5150/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3 50/1 hour $1 75/30 minutes $1 75 minimum payment $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 53.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1,75/30 minutes $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $1.75 minimum payment $3.50/1 hour $1,75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour 51.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $1 75 minimum payment $3.50/1 hour $1.75/30 minutes $1.75 minimum payment $3.50/1 hour $1,75/30 minutes $1.75 minimum payment $3.50/1 hour $1,75/30 minutes $1.75 minimum payment $3.50/1 hour $1,75/30 minutes $1.75 minimum payment 2 hours 8 hours 2 hours 3 hours 8 hours 5 hours 2 hours 8 hours 8 hours 8 hours 2 hours 2 hours 3 hours 5 hours 2 hours 8:00 a.m. to 12:00 am. Daily 6:00 a.m. to 3:00 a.m. Daily 8:00 a.m. to 3:00 am Daily 8:00 am, to 12:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a m to 3:00 a m Daily 8:00a.m to12:00am Daily 8:00 a.m. to 12:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 am, to 3:00 am. Daily 8:00 a.m. to 12:00 a.m. Daily 8:00 am. to 12:00 a.m. Daily 8:00 a.m. to 12:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 8:00 a.m. to 12:00 am. Daily This By-law shall come into force immediately. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 12 2016 Second Reading: July 12 2016 Third Reading: July 12 2016 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2016 - A by-law to amend By-law No. 96-50, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 96-50, as amended, is hereby further amended (a) by deleting from Schedule "B" thereto the following items: MUNICIPAL PARKING LOTS COLUMN 1 CbLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 LOT NO. NAME OF RATE/FEE ($) DENOMINATIONS OF MAXIMUM LEGAL TIMES/DAYS CONTROL PARKING LOT COINS TO BE DEPOSITED PARKING LIMT 4 Ellen Avenue $2.50/ hr or 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing Lot $10.00/8 hrs 25 cent, 1 dollar Machine $2.50 min coin, 2 dollar coin or credit card 5 College St $2.50/hr 5 cent, 10 cent, Daily 24 hours Ticket Dispensing $10.00/8 hrs 25cent, 1 dollar coin, Machine $2.50 min for 2 dollar coin, credit credit card card, or City Token 15 McGrail Lot $2,50 / hr 5 cent, 10 cent, Daily 24 hrs Ticket Dispensing $10.00/8 hrs 25 cent, 1 dollar coin, Machine 2 dollar coin, or credit card $65.00/month Daily 24 hrs Permit COLUMN 1 LOT NO. COLUMN 2 NAME OF PARKING LOT COLUMN 3 RATE/FEE (5) COLUMN 4 DENOMINATIONS OF COINS TO BE DEPOSITED COLUMN 5 COLUMN 6 MAXIMUM LEGAL TIMES/DAYS PARKING LIMT COLUMN 7 CONTROL 18 Kitchener St. Lot 20 Palmer Lot $2 50 /hr $10.00/8 hrs $2.50 min for credit card $2,50/hr $10.00/8 hrs $2.50 min for credit card 5 cent, 10 cent, 25 cent, 1 dollar coin, 2 dollar coin, or credit card 5 cent, 10 cent, 25 cent, 1 dollar coin, 2 dollar coin, credit card, or City token Da!iy Daily (b) by adding to Schedule "B" thereto the following items: MUNICIPAL PARKING LOTS COLUMN 1 LOT NO. COLUMN 2 NAME OF PARKING LOT COLUMN 3 RATE/FEE ($) COLUMN 4 DENOMINATIONS OF COINS TO BE DEPOSITED COLUMN 5 MAXIMUM LEGAL PARKING LIMT 24 hrs 24 hours Ticket Dispensing Machine Ticket Dispensing Machine COLUMN 6 COLUMN 7 TIMES/DAYS CONTROL 4 5 Ellen Avenue Lot College Street Lot 15 McGrail Avenue Lot 18 Kitchener Street Lot 20 Palmer Avenue Lot $3.00/1 hour $12.00/8 hours $1.50 minimum payment $3.00/1 hour $12.00/8 hours $1.50 minimum payment $3.00/1 hour $12.00/8 hours $1.50 minimum payment $65.00/month $3.00/1 hour 512.00/8 hours $1 50 minimum payment $3.00/1 hour $12.00/8 hours $1.50 minimum payment 5 cent, 10 cent, 25 cent, 1 dollar coin, 2 dollar coin or credit card 5 cent, 10 cent, 25cent, 1 dollar coin, 2 dollar coin, credit card or City Token 5 cent, 10 cent, 25 cent, 1 dollar coin, 2 dollar coin, or credit card 5 cent, 10 cent, 25 cent, 1 dollar coin, 2 dollar coin, or credit card 5 cent, 10 cent, 25 cent, 1 dollar coin, 2 dollar coin, credit card, or City token This By-law shall come into force immediately. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK First Reading: July 12, 2016 Second Reading: July 12, 2016 Third Reading: July 12, 2016 Daily Daily Daily Daily Daily Daily 24 hours Ticket Dispensing Machine 24 hours Ticket Dispensing Machine 24 hours Ticket Dispensing Machine 24 hours Permit 24 hours Ticket Dispensing Machine 24 hours Ticket Dispensing Machine JAMES M. DIODATI, MAYOR THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2016 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections, Heavy Vehicle Restriction) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Jennifer Crescent South and West Angie Drive and Fausta Boulevard At All Times (b) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Jennifer Crescent North and East Angie Drive and Fausta Boulevard At All Times (c) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Leonard Avenue & Leeming Street Eastbound on Leeming Street (d) by adding to the specified columns of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES/DAYS Weinbrenner Road Sodom Road and Willoughby Drive At All Times This By-law shall come into force when the appropriate signs are installed. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 12, 2016 Second Reading July 12, 2016 Third Reading: July 12, 2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of July, 2016. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 The actions of the Council at its meeting held on the 12th day of July, 2016 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twelfth day of July, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 12, 2016 July 12, 2016 July 12, 2016