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2006/08/21
COUNCIL MEETING Monday, August 21, 2006 Order of Business and Agenda Package PRAYER: Alderman Selina Volpatti COUNCIL MEETING August 21, 2006 ADOPTION OF MINUTES: Council Minutes of July 31, 2006 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 Anti Obesity Strategy Dr. Robin Williams, on behalf of the Niagara's Region's Public Health and the Leadership Roundtable on Obesity will be presenting "Trekzone the Region's anti obesity strategy. PLANNING MATTERS Public Meeting Edgewood Estates Draft Plan of Subdivision File: 26T -11- 2006 -01 Garner Road East Side), South of Lundy's Lane Owner: 1473944 Ontario Limited Background Material: Recommendation Report: PD- 2006 -66 -AND Correspondence from Broderick and Partners 2 MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2006 -69 Sidewalk Cafe Application SWC- 02/2006, 5633 Victoria Avenue, Applicant: Geoff Taylor Proposed Sidewalk Cafe ELECTIONS MATTERS 1. Chief Administrative Officer CD- 2006 -12 Election Sign By -law MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Big Brothers Big Sisters are requesting that the City of Niagara Falls consider proclaiming the month of September as "Big Brothers Big Sisters month" and allow their flag to be raised for the month of September. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 3 REPORTS FINANCE MATTERS 1. Chief Administrative Officer F- 2006 -42 Major Receivables Quarterly Report 2. Chief Administrative Officer F- 2006 -44 Industrial Tax Rates 3. Chief Administrative Officer F- 2006 -45 Property Tax Deferral for Low Income Seniors and Low Income Disabled Persons RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2006 -43 Municipal Accounts PD- 2006 -63 Matters Arising from the Municipal Heritage Committee PD- 2006 -65 Information Report Wind Energy Systems PD- 2006 -67 Request for Removal of Part Lot Control, Lot 102 Registered Plan 59M -129, 7698/7700 Cortina Crescent PD- 2006 -68 Request for Removal of Part Lot Control Lots 31, 32, 35 to 48 (Inclusive), Registered Plan 59M -324, Brittany Court Garner Estates Phase 4), Owner: Mountainview Homes 2006 -151 2006 -152 4 PD- 2006 -70 Sidewalk Cafe Licence Agreement with the City SWC- 01/2006, Country Chalet Restaurant, 6526 Main Street PD- 2006 -71 Sidewalk Cafe Licence Agreement with the City SWC- 05/2006, HOCO Limited c.o.b. as Kelsey's Restaurant, 4960 Clifton Hill MW- 2006 -96 Sanitary Sewer Lateral Rehabilitation of Cured- In- Place Pipe BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -149 A by -law to establish Part 4 on Reference Plan 59R -13147 as a public highway, to be known as and to form part of Garner Road. 2006 -150 A by -law to establish Kitchener Street Plan Stamford; Part Township Lot 126 Stamford; Part Lot B westside Temperance Street Plan 35 Stamford, all being Kitchener Street (formerly Clifton Avenue) lying between Portage Road and Stanley Avenue; as a public highway, to be known as and to form part of Kitchener Street. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with HOCO Limited c.o.b. as Kelsey's Restaurant, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Kelsey's Restaurant located at 4960 Clifton Hill. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 337304 Ontario Limited, respecting the licencing of a Sidewalk over a portion of City sidewalk in front of Country Chalet Restaurant located at 6526 Main Street. 2006 -153 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -154 A by -law to amend By -law No. 79 -200, to permit a one family detached dwelling to be used as a tourist home. 2006 -155 A by -law to amend By -law No. 79 -200, to permit a one family detached dwelling and accessory buildings and structures on the land. 5 2006 -156 A by -law to designate Lot 102, Registered Plan 59M -129, not be subject to part-lot control. 2006 -157 A by -law to designate Lots 31, 32 and 35 to 48 (inclusive), Registered Plan 59M -324, not be subject to part-lot control. 2006 -158 A by -law to establish Part 1 on Reference Plan 59R -13174 as a public highway, to be known as and to form part of Mcleod Road. 2006 -159 A by -law to amend By -law No. 79 -200, to regulate a place of worship with ancillary uses. 2006 -160 A by -law to regulate the placement of election signs in the City of Niagara Falls. 2006 -161 A by -law to authorize the payment of $10,717,174.09 for General Purposes. 2006 -162 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21s day of August, 2006. NEW BUSINESS Dean lorfida Public Health Dele ation to Nia ara Falls Cit Council Pa e From: "Bowles, Andrew" andrew .bowles @regional.niagara.on.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 8/11/2006 11:18:20 AM Subject: Public Health Delegation to Niagara Falls City Council Hello, Dean: As per our earlier conversation, Dr. Robin Williams and the Leadership Roundtable on Obesity would like to present "Trekzone the Region's anti obesity strategy, to Niagara Falls City Council on August 21/2006. Regards, Andrew L. Bowles BA (Hons.), MA (Merit) Executive Assistant to the Regional Chairman The Regional Municipality of Niagara 2201 St. David's Road, PO Box 1042 Thorold, Ontario L2V 4T7 Tel: 905 685 -1571 ext. 3341 Fax: 905 685 -6243 Web: http /www.regional.niagara.on.ca The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for review of the Edgewood Estates Draft Plan of Subdivision. BACKGROUND: The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. There is to be no decision made with respect to approval of the subdivision at tonight's meeting. Proposal Corporate Services Department PD 2006 66 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca August 21, 2006 Re: PD- 2006 -66, Public Meeting Edgewood Estates Draft Plan of Subdivision File: 26T -11- 2006 -01 Garner Road (East Side), South of Lundy's Lane Owner: 1473944 Ontario Limited Doug Darbyson Director The applicant proposes to subdivide a 36.02 hectare (89 acre) site into 241 lots for single- detached dwellings, two blocks of land for multiple residential use (108 townhouse units) and blocks of land for stormwater management, parkland and open space. The property is located on the east side of Garner Road (Urban Area Boundary), north side of the hydro corridor and south of Lundy's Lane (see Schedule 1). The road pattern includes an extension of St. Michael Avenue from the south as well as Forestview Boulevard (which connects to Garner Road) and other streets in the abutting Deerfield Estates draft plan of subdivision to the east. St. Michael Avenue is to be continued on abutting land to the north in the future. Schedule 2 illustrates the submitted subdivision layout. The City's Official Plan designates the majority of the property Residential while the southwest portion of the site is currently designated Open Space. (The City has adopted an amendment to Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 2 PD- 2006 -66 change this Open Space designation to Environmental Protection Area corresponding to a Provincially Significant Wetland (PSW) partially located on the land final approval of this amendment by the Region is pending). The land is currently zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested a zoning change to the Residential Single Family 1E Density (R1E) zone for the single- detached lots, to the Residential Low Density, Grouped Multiple Dwellings (R4) zone for the townhouse blocks (and stormwater area), to the Open Space (OS) zone for the parkland and to the Environmental Protection Area (EPA) zone for Block 248 (PSW). The related zoning by -law amendment application (AM- 25/2006) will be subject to a Public Meeting at a later date. Preliminary Review Based on a preliminary staff review, the following outlines some of the issues for consideration in the future decision on the proposed subdivision: The Provincially Significant Wetland (Block 248) cannot be developed and requires protection. The applicant has submitted an Environmental Impact Study which is under review by the Region. A recreational trail linkage (Block 247) is proposed along the east boundary of the PSW and provides a buffer from single- detached lots in this location. The proposed parkland and treed area (Block 245) is an extension of park blocks and a woodlot to be granted to the City in the abutting Deerfield Estates subdivision to the east. The plan proposes a housing mix of 69% single- detached lots and 31% multiple residential units that is consistent with the policies of the Garner Neighbourhood Secondary Plan. Various townhouse and apartment sites are needed throughout this section of the neighbourhood to meet City, Regional and Provincial policy requirements. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Richard Wilson Planner 2 Recommended by: RW:gd Attach Doug Darbyson Director of Planning Development S:\PDR\2006\PD2006 -66, Edgewood Estates Draft Plan of Subdivision.wpd Approved by: n 1"0 r Tony Raven Executiv erector of Corporate Services Respectfully su mitted: (c John MacDonald Chief Administrative Officer Proposed Plan of Subdivision Edgewood Estates 26T -11- 2006 -01 Subject Land K: \GIS_ Requests\ 2006\ Schedules\ Subdivisions \Edgewood_Estates.map SCHEDULE 1 Location Map NIAGARA FALLS GOLF CLUB DEERFIELD ESTATES DRAFT PLAN GIRLS HOME FOR SOCCER SENIOR CITIZENS HOME KATE S. DURDAN LORETTO ELEMENTARY SCHOOL sminin min= =mom •1 IN ra N MI MN mom MINM "la INI= ME HE Iriliam =1111 MI MN N s Scale 1:NTS August 2006 SCREDUL BARRISTERS SOLICITORS 4625 ONTARIO AVENUE POST OFFICE BOX 897 NIAGARA FALLS, ONTARIO CANADA L2E 6V6 TEL (905) 356 -2621 FAX (905) 356 -6904 J.J. BRODERICK, Q.C., L.S.M. W.A. AMADIO J.B. HOPKINS G.A. KIRKHAM LM. GILBERTI t R. B. BURNS M. DIGIROLAMO COUNSEL: E. P. LUSTIG D.F. MARINELLI (1945.1997) Delivered August 8, 2006 City of Niagara,Falls Planning Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Rick Wilson Dear Mr. Wilson: Re: Kudlac s/t 1473944 Ontario Limited 6258 and 6148 Garner Road, Niagara Falls Subdivision Agreement We acted for the Theodore and William Kudlac with respect to the sale of the above mentioned lands to a numbered company controlled by Domenic DiLalla. As part of the Agreement of Purchase and Sale the Purchasers agreed, subject to the approval of the City and the Region, to do the following: 1.) Name the land to be subdivided "Kudlac Estates and 2.) Name a street "Karl Drive" or "Karl Avenue We understand that item 2 has been attended to but that item 1 has not. Would you please confirm that the subdivider requested the subdivision be named "Kudlac Estates Yours truly, BRODERI ARTNERS LLP JO BRODERICK, Q.C. /td cc. Theodore Kudlac CERTIFIED BY THE LAW SOCIETY AS A SPECIALIST IN CIVIL LITIGATION. t FLUENT IN BOTH ITALIAN AND FRENCH LANGUAGES. Planning Scanned Flle: SiL L. L Niagara Falls I The City of Canada i Members: Proposal RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario August 21, 2006 Re: PD- 2006 -69, Sidewalk Cafe Application SWC- 02/2006, 5633 Victoria Avenue Applicant: Geoff Taylor Proposed Sidewalk Cafe PD- 2006 -69 Doug Darbyson Director It is recommended that Council consider the request for a sidewalk cafe licence at 5633 Victoria Avenue with a sidewalk clearance of 2.4 metres for pedestrians. On June 1, 2006 Mr. Geoff Taylor submitted an application to obtain a sidewalk cafe licence for The Wild Mushroom Bar and Grill located at 5633 Victoria Avenue. The site plan submitted with the application proposed to maintain only 2.4 metres of unobstructed sidewalk on Victoria Avenue. Based on a review of the site plan by City divisions and the location of the proposed sidewalk cafe within the tourist core, it is recommended that 3.0 metres of unobstructed sidewalk be provided for clear and safe movement of pedestrians. The sidewalk width of 2.4 metres as proposed in the site plan would have been appropriate if the sidewalk cafe was located in an area that does not experience high pedestrian traffic. The City's sidewalk cafe guidelines approved by Council recommends the maintenance of 3.0 metres of unobstructed sidewalk in high pedestrian traffic areas and 2.4 metres of unobstructed sidewalk in low pedestrian traffic areas. Victoria Avenue, Clifton Hill and certain parts of Fallsview Boulevard in the tourist core experience high pedestrian traffic and sidewalks in this area are heavily travelled. The City's Streetscape Master Plan and Urban Design Guidelines also identify the tourist core as a high pedestrian traffic area. The City's Municipal Works Division has recommended that 3.0 metres of unobstructed sidewalk should be maintained in the tourist core to ensure greater pedestrian safety. By comparison, areas such as the downtown (Queen Street) are viewed as low volume streets. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 2 PD- 2006 -69 Mr. Taylor was notified of this recommendation, however, he is requesting that he should be allowed to maintain only 2.4 metres of sidewalk, which would be the same as that maintained by his neighbour, Mr. Gino Stranges. Mr. Stranges owns the property to the south of the subject land. Mr. Stranges had applied for a sidewalk cafe licence in 2005 and the site plan submitted by Mr. Stranges showed a sidewalk clearance of 2.4 metres. Based on the review of the site plan and the location of the sidewalk cafe staff recommended that Mr. Stranges should provide 3.0 metres of unobstructed sidewalk. However, at the July 25, 2006 Council meeting Mr. Stranges requested permission to maintain only 2.4 metres of sidewalk in front of his cafe as his felt that his cafe was not in a high pedestrian traffic area. Council approved his request to maintain only 2.4 metres of sidewalk in front of his cafe. Planning Analysis This report addresses the concern that City divisions have for clear and safe movement of pedestrians on Victoria Avenue. Thus, the City's Municipal Works Division and Parking and Traffic Services have advised that 3.0 metres of an unobstructed sidewalk should be provided instead of 2.4 metres as proposed by the applicant. CONCLUSION: In the interests of public safety, it is staffs opinion that an unobstructed sidewalk clearance of 3 metres be maintained between the proposed sidewalk cafe and Victoria Avenue. Prepared by: Anamika Dilwaria Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: AD:gd .f T. Ravenda Executive Director of Corporate Services S:\PDR\2006\PD2006 -69, SWC- 02 -06, Geoff Taylor, 5633 Victoria Ave.wpd Respectfully submitted: 6 A,John MacDonald Chief Administrative Officer Corporate Services Department CD- 2006 -12 The City of Clerk's Division Dean lorfida Niagara Falls 4310 Queen Street City Clerk Canada P.O. Box 1023 web site: www.niagarafalls.ca Niagara Falls, ON L2E 6X5 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Tel.: (905) 356 -7521 Fax: (905) 356 -9083 E -mail: diorfida @niagarafalls.ca August 21, 2006 Re: CD 2006 12 Election Sign By law RECOMMENDATION: That Council pass the by -law appearing on tonight's agenda pertaining to Election Signs. BACKGROUND: The 2006 Municipal election is fast approaching and will be followed in 2007 by a Provincial election here in October 2007. The use of election signs during the campaign periods of each of the Municipal, Provincial and Federal elections raises many issues such as visual pollution, public safety, when and where signs can go and the removal of signs. Many municipalities have a specific by -law relating to election signs and their placement. The City of Niagara Falls and the Regional Municipality of Niagara do not. The Municipal Elections Act is silent when it comes to election signs other than prohibiting them from being erected and displayed at a voting place. The City's current sign by -law does not specifically address election signs. In fact, the portion of the City's sign by -law that stated: "No person shall erect or place any sign on any City road allowance or City owned property" was discovered to have been repealed by By -law 94 -102. The draft "new" sign by -law also does not explicitly deal with Election signs. Currently, there are no time restrictions on the placement of signs for the Municipal election. The Election Guide developed by Clerks' staff suggests six weeks before election day, however, candidates could, technically, put up signs as soon as they have filed nomination papers. Restrictions for the timing of the placement of signs in Provincial and Federal elections are also lacking. There are also no controls as to when signs should be removed after an election. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 -2 CD- 2006 -12 Staff is suggesting signs not go up prior to 45 days in advance of the election and be removed within 48hours of the close of the polls. A recent memorandum addressed to all of Council regarding the need, or lack thereof, for a stand alone Election sign by -law gave overwhelming support for such a by -law. As for placement of election signs, the proposed by -law more strongly articulates the past practice in the municipality to prohibit election signs on municipal property, road allowances, within a metre of the sidewalk or in any situation in which a sign may impede sightlines, municipal operations or safety. Despite such restrictions, candidates are able to place signs on private property, with little restriction, during the campaign period. The need for more enforcement of election signs has also been expressed as an issue by the members of Council. Due to the sometimes overwhelming use of election signs just prior to each election, enforcement can be very time consuming and hard to maintain with the current composition of staff. Recognizing the short time frames for the need of such enforcement, the election sign by -law would allow for all municipal staff, and certain designates as appointed by the Clerk, to enforce the by -law. Also, in 2000, the Regional Municipality of Niagara passed a by -law indicating that any municipal rules relating to the regulation of election signs will also apply to Regional roads. The Region has also delegated the authority for local municipalities to enforce the local regulations on Regional roads. CONCLUSION: It has been recognized by City staff and members of Council that there is a need for a by -law to deal specifically with the placement of election signs. Previous election campaigns have shown that the placement of election signs throughout the City is a concern in terms of visual pollution and public safety. The restriction of placement of election signs on municipal property, including road allowances, is being strengthened under the proposed by -law. The passing of the by -law on tonight's agenda will also help address the issues of timing and enforcement. Prepared by: e&AA &F Bill Matson Records Elections Co- ordinator ecommer} by: Dean Iorfida City Clerk pproved by: _c T. Raver is Executive Director of Corporate Services Respectfully submitted: Zrb John MacDonald LI Chief Administrative Officer Dean lorfida Bi• Brothers Bi• Sisters month Pa•e 1 From: "Jon Braithwaite" <jon @niagarafallsmentors.org> To: <diorfida @niagarafalls.ca> Date: 8/10/2006 9:27:47 AM Subject: Big Brothers Big Sisters month Good morning Dean, I am once again in the process of requesting that the City of Niagara Falls consider proclaiming September Big Brothers Big Sisters month in Niagara Falls. As you may be aware, September is the largest recruitment month across the country, with over 200 municipalities proclaiming the month as Big Brothers Big Sisters month. I have attached a copy of the requested proclamation for your perusal, and look forward to hearing from you the next step. Additionally, we would truly value the opportunity to have the City of Niagara Falls raise our flag throughout the month. We would hope to hold a media conference at a flag raising on the morning of September 1, and would hope that Mayor Salci or a member of council might be available to support this initiative. Thanks for your guidance and support on this key piece of our annual recruitment drive. Jon Share a Little Magic Your support can make a lifetime of difference in the lives of children in Niagara Falls. Check out http /www.niagarafallsmentors.org> www.niagarafallsmentors.org to find out how you can make a difference. Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters MacBain Community Centre 7150 Montrose Road, Unit 7 Niagara Falls, ON L2H 3N3 (905) 357 -5454 ext. 222 'Share a Little Magic, be a Mentor" Good morning Dean, I am once again in the process of requesting that the City of Niagara Falls consider proclaiming September Big Brothers Big Sisters month in Niagara Falls. As you may be aware, September is the largest recruitment month across the country, with over 200 municipalities proclaiming the month as Big Brothers Big Sisters month. I have attached a copy of the requested proclamation for your perusal, and look forward to hearing from you the next step. Additionally, we would truly value the opportunity to have the City of Niagara Falls raise our flag throughout the month. We would hope to hold a media conference at a flag raising on the morning of September 1, and would hope that Mayor Salci or a member of council might be available to support this initiative. Thanks for your guidance and support on this key piece of our annual recruitment drive. Jon Share a Little Magic Your support can make a lifetime of difference in the lives of children in Niagara Falls. Check out www.niagarafallsmentors.org to find out how you can make a difference. Jon Braithwaite Executive Director Niagara Fails Big Brothers Big Sisters MacBain Community Centre 7150 Montrose Road, Unit 7 Niagara Falls, ON L2H 3N3 (905) 357 -5454 ext. 222 'Share a Little Magic, be a Mentor" 'Dean Iorfida PROCLAMATION 2006.doc Pa •e PROCLAMATION Big Brothers Big Sisters Month September 2006 WHEREAS, Niagara Falls Big Brothers Big Sisters is a wonderful service organization committed to matching children and youth with caring, volunteer mentors; AND WHEREAS, evidence -based research has shown that the Big Brothers Big Sisters mentoring model contributes directly to increased academic achievement, better family and peer relationships, a substantially lower reliance on social assistance, reduced criminal behaviour, and a more successful transition from school to work; AND WHEREAS, the future of Niagara Falls Big Brothers Big Sisters depends not only on its past impact, but also on the future impact of its Little Brothers and Little Sisters and the continued commitment to its Big Brothers and Big Sisters; AND WHEREAS, Niagara Falls Big Brothers Big Sisters relies heavily on the strength and dedication of its volunteers who, through their commitment and support, make a profound difference in the lives of children and youth in our community; AND WHEREAS, the agency's goal is to expand its recruitment drive in order to serve more children and youth in our community; NOW THEREFORE, I, Ted Salci, Mayor of Niagara Falls, DO HEREBY PROCLAIM September, 2006 as Big Brother Big Sister Month. I encourage everyone to "Share a Little Magic" by logging onto www.niaoarafallsmentors.orq to learn more about the volunteer programs offered by Niagara Falls Big Brothers Big Sisters. The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Tax Arrears Total Unpaid Taxes Corporate Services Department F- 2006 -42 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca August 21, 2006 Re: F- 2006 -42 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to June 30 2006. 1. Tax Receivables Current Taxes 2006 2005 Percentage Collected 74% 75% Levy to Date 105,400,195. 102,348,779. Penalties Charged 405,632. 398,671. Collections 77,818,781. 76,648,994. Balance 27,987,046. 26,098,456. 2006 2005 Percentage Collected 35% 45% Opening Balance 14,461,335. 16,815,838. Penalties Charged 936,005. 999,880. Collection 5,407,623. 8,043,134. Balance 9,989,717. 9,772,584. 37,976,764. 35,871,040. Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development August 21 2006 -2- F- 2006 -42 2. Other Receivables Sundry Receivables 2006 2005 Accounts Receivables 839,256. $2,785,489. Finance staff has increased focus on tax collections and follows a collection procedure to ensure that accounts are collected in a timely manner All overdue accounts are charged penalty /interest of 1 -1/4% per month. Prepared by: Recommended by: T. W. Harrison Manager of Finance K.E. Burden Director of Finance la/H: \WPFILES \Committee\F 2006 -42 Major Receivables.wpd proved by: k r T. Raverida Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Niagara Falls r The City of Cana His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F- 2006 -44 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden@city.niagarafalls.on.ca Re: F- 2006 -44 Industrial Tax Rates RECOMMENDATION: For the information of Council. BACKGROUND: August 21, 2006 Kenneth E. Burden Director During the 2006 Budget deliberations, Council had requested additional information regarding industrial tax rates with the desire to seek opportunities that would result in reducing the tax burden of the industrial properties. Currently the City's industrial, fully- taxable property assessment includes five large and 91 residual industrial properties. In total, the property assessment is $71.5 million, whose average assessment is $746,000. Industrial tax rates are a product of the property assessment, the tax levy, and the tax ratios as established by Regional Council. In 2006, Regional Council lowered the industrial tax ratio from 3.1142 in 2005 to 2.8000. The Regional initiative also provided a matching reduction from the Province for the industrial education rate. This has resulted in a 17% reduction in the City' s total industrial tax rate, from 7.323% to 6.047 Finance staff has now received survey information regarding 2006 rates for other municipalities. The survey information shows that the total industrial tax rate for Niagara Falls (6.047 is significantly higher than the survey average rate (4.049 Further, Niagara -on- the -Lake has the lowest industrial tax rate in the Region of Niagara for 2006. Staff has prepared a chart of Niagara's industrial tax rates for 2006 as follows: Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 2 Municipality Industrial Tax Rate Ranking Niagara -on- the -Lake Lincoln Grimsby Pelham West Lincoln Fort Erie Thorold Niagara Falls Wainfleet Welland St. Catharines Port Colborne 5.0154 5.7341 5.8766 5.8822 5.8982 5.9089 5.9239 6.0469 6.1034 6.2644 6.3780 6.7523 1 2 3 4 5 6 7 8 9 10 11 12 F- 2006 -44 The tax ratio used for the industrial class still remains above the provincial threshold of 2.63. City Council has requested that Finance staff petition the Province for permission to reduce the City's industrial tax rate. Assuming the Province allows the City to reduce the industrial tax rate, the first steps would be to lower the tax ratio from the Region's 2.800 to the Provincial threshold of 2.630. This would not change the ratios /rates already calculated for the Regional and Education Levies, but would change the municipal tax rate for Niagara Falls. The change would decrease the industrial rate from 6.047% to 5.966 a 1.3% decrease. This change effectively transfers $64,300 of tax levy from the industrial property class to all other property classes. A further reduction of the City's industrial tax rate would require either a levy decrease or an increase in new property assessment. Staff estimates that approximately $28.3 million of new fully- taxable industrial assessment would reduce the industrial tax rate to one of the lowest rates in the Region. August 21, 2006 3 F- 2006 -44 In the past, other lower -tier municipalities have requested the Province for permission to reduce their tax rates and have been denied. In this regard, Council may wish to consider an economic impact study to attach to the City's request to further support the City's desire to seek opportunities that would result in reducing the tax burden of the industrial properties. Prepared by: T. Harrison Manager of Finance Recommended by: K. E. Burden Director of Finance Approved by: ttA:/—" -for T. Rav4a Executive Director of Corporate Services Respectfully submitted: kr( John MacDonald F Chief Administrative Officer Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F- 2006 -45 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden ©city.niagarafalls.on.ca August 21, 2006 Re: F- 2006 -45 Property Tax Deferral for Low Income Seniors and Low Income Disabled Persons RECOMMENDATION: For the information of Council. BACKGROUND: Kenneth E. Burden Director On December 12, 2006, the Corporate Services Committee received an information report F- 2005 -59 with regard to the Regional policy on property tax deferral relief for low- income seniors and low- income disabled persons. At the request of the Area Treasurers and local Municipal Councils, Regional staff is considering changes to the Regional Policy. As was noted previously, this area of responsibility lies with Regional Council as part of overall tax policy. It is expected that Regional Council will consider recommended changes this fall. Once the proposals are passed, staff will provide additional information to Council. Prepared by: T. Harrison Manager of Finance Recommended by: K. Burden Director of Finance Approved by: Voikk -co KT. Ravend Executive Director of Corporate Services Respectfully submitted: or John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F- 2006 -43 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca August 21, 2006 Kenneth E. Burden Director Re: F- 2006 -43 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $10,717,174.09 for the period June 28, 2006, to August 1, 2006. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: K. E. Burden Director of Finance Approved by: a/' T. Ravenda Executive Director of Corporate Services Respectfully submitted: f John MacDonald IY Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSU 1238956 ONTARIO INC TVA EDWARD P LUSTIG CONSU 1460973 ONTARIO LIMITED O/A C.P. SYSTEMS 1609652 ONTARIO LIMITED 2 GUY'S GLASS INC 21ST CENTURY DOCUMENT MANAGEMENT TECHNOU 407 ETR EXPRESS TOLL ROUTE 788893 ONTARIO LIMITED O/A NIAGARA CRACK SEALI 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 984265 ONTARIO LTD aka CIRCLE P PAVING A J STONE COMPANY LTD A J STONE COMPANY LTD AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ABSOLUTE COMMUNICATIONS DESIGN ACCU LOCK AND SECURITY ACKER,MARK ACTION CORPORATION ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC AKALU,KAREN AL UNIFORM SERVICES LTD ALBANESE,LORI ALBANESE,LORI ALDOR BUILDERS LTD ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFRED BEAM EXCAVATION LTD ALL GREEN IRRIGATION ALL GREEN IRRIGATION ALLEN TREE SERVICE ANCO CHEMICALS INC ANNEX PUBLISHING BOOK DIVISION ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK ANTONIO,CHUCK APPLIED RESEARCH ASSOCIATES INC ARAMARK REFRESHMENT SERVICES ARBOUR,SUSAN ARCHER TRUCK CENTRE WELLAND LTD ARMTEC LIMITED ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD AUDIO DESIGN SYSTEMS INC AVENUE ROOTS AVERTEX UTILITY SOLUTIONS INC AVIS CAR INC B S POOL SERVICES BAIN PRINTING Cheque No. Cheque Date Purpose 302754 04 -Jut -2006 303476 01- Aug -2006 303262 25 -JuI -2006 302906 11-Jul-2006 302907 11-Jul-2006 303477 01 -Aug -2006 303069 18- Jul -2006 303067 12-Jul-2006 302909 11-Jul-2006 303478 01- Aug -2006 303108 18 -JuI -2006 303073 18-Jul-2006 303481 01- Aug -2006 302755 04- JuI -2006 303070 18-Jul-2006 303263 25-Jul-2006 302756 04 -JuI -2006 303264 25 -JuI -2006 303479 01- Aug -2006 302910 11- Jut -2006 303265 25 -JuI -2006 303071 18- JuI -2006 303266 25 -JuI -2006 302757 04 -Jut -2006 303072 18-Jul-2006 303267 25 -JuI -2006 303480 01- Aug -2006 303268 25 -JuI -2006 302911 11-Jul-2006 303078 18-Jul-2006 302758 04 -JuI -2006 302912 11-Jul-2006 303074 18-Jul-2006 303075 18-Jul-2006 303269 25-Jul-2006 303270 25-Jul-2006 302913 11-Jul-2006 303077 18-Jul-2006 303076 18-Jul-2006 303271 25- JuI -2006 302759 04 -JuI -2006 303482 01 -Aug -2006 302760 04 -JuI -2006 303079 18-Jul-2006 303273 25-Jul-2006 303274 25-Jul-2006 302761 04 -JuI -2006 303080 18 -JuI -2006 303275 25-Jul-2006 303276 25-Jul-2006 302914 11-Jul-2006 303483 01- Aug -2006 303277 25-Jul-2006 302915 11-Jul-2006 302762 04-Jul-2006 303484 01- Aug -2006 303278 25-Jul-2006 303081 18-Jut -2006 AP5200 CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS REMITTANCE CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MAINTENANCE AND REPAIRS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE CONSULTING SERVICES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS REFUND MAINTENANCE AND REPAIRS SUPPLIES Page 1 Amount 8,400.66 8,571.81 483,905.18 1,120.50 137.98 113.20 172.62 59,976.80 94.88 68.90 69,872.05 75.90 63.84 540.35 296.80 107.00 2,334.50 770.40 45.00 26.45 63.44 722.25 262.15 5,531.64 257.60 6,099.81 3,594.09 10.01 164.73 86.25 131.24 113.52 4,496.02 17,125.69 5,000.00 188,073.69 3,830.60 664.04 13,161.00 1,225.33 1,030.78 29.79 21.10 29.54 10,673.25 133.48 48.26 54.44 1,119.05 245.39 2,813.44 428.43 1,710.00 2,562.44 2,247.00 134.00 952.56 575.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BANK OF MONTREAL BARBISAN,PETER BARRETT,THERESA BARRY BRYAN ASSOCIATES (1991) LTD BARRY J. LEGG BARTY,KELLIE BATEMAN,DOLORES BATTLEFIELD EQUIPMENT RENTALS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BELL MOBILITY PAGING BELLEFONTAINE,MARGARET BENNETT,CATHARINE BILL DAVIS BIRMINGHAM FIRE CONTROL BIROU,NEGUSSIE BITNER,LAURIE BMA MANAGEMENT CONSULTING INC BOB ROBINSON SON BOB ROBINSON SON BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUW,JOHN BOYS GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS IN TRUST BROOK MCLLROY INC BUNTIN REID BUNTIN REID BUSINESS EDUCATION COUNCIL OF NIAGARA BUSINESS EDUCATION COUNCIL OF NIAGARA BYNKOSKI,ANDREW JAIOMIS R& BYNKOSKI, ASSANTI C N WATSON AND ASSOCIATES LTD C N WATSON AND ASSOCIATES LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CAMPIGOTTO,AARON CANADA LAW BOOK CANADA POST CORPORATION CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN NATIONAL AP5200 Cheque No. Cheque Date Purpose 302916 11 -JuI -2006 REFUND 303082 18 -JuI -2006 REFUND 303279 25-Jul-2006 REFUND 303485 01- Aug -2006 REFUND 302917 11- JuI -2006 REMITTANCE 303280 25 -JuI -2006 REFUND 302918 11 -JuI -2006 CONSULTING SERVICES 303083 18 -JuI -2006 CONSULTING SERVICES 303281 25 -JuI -2006 REFUND 302763 04 -JuI -2006 ADMINISTRATIVE 303486 01- Aug -2006 LEASES AND RENTS 302919 11 -JuI -2006 UTILITIES 302920 11-Jul-2006 MATERIALS 302922 11 -JuI -2006 UTILITIES 303086 18 -JuI -2006 CONTRACT SERVICES 303087 18 -JuI -2006 UTILITIES 303282 25 -JuI -2006 REMITTANCE 303283 25-Jul-2006 UTILITIES 303088 18 -JuI -2006 UTILITIES 303089 18- Jul -2006 UTILITIES 302764 04 -JuI -2006 ADMINISTRATIVE 302765 04-Jul-2006 ADMINISTRATIVE 303090 18 -JuI -2006 ADMINISTRATIVE 303091 18-Ju1 -2006 MATERIALS 303068 12 -JuI -2006 REFUND 302766 04 -JuI -2006 MATERIALS 302923 11-Jul-2006 CONSULTING SERVICES 302767 04 -JuI -2006 CONTRACT SERVICES 303092 18 -JuI -2006 LEASES AND RENTS 303285 25-Jul-2006 CONSULTING SERVICES 303488 01- Aug -2006 CONSULTING SERVICES 302769 04 -JuI -2006 REMITTANCE 303093 18 -JuI -2006 GRANT 303286 25-Jul-2006 CONTRACT SERVICES 303094 18 -Jul -2006 MATERIALS 302770 04-Jul-2006 MATERIALS 302924 11- Jul -2006 MATERIALS 303490 01- Aug -2006 MATERIALS 303096 18-Jul-2006 CONTRACT SERVICES 302925 11 -JuI -2006 CONSULTING SERVICES 302771 04 -JuI -2006 SUPPLIES 303287 25- Jut -2006 SUPPLIES 302772 04 -JuI -2006 MATERIALS 303288 25 -JuI -2006 MATERIALS 302926 11 -JuI -2006 REFUND 302780 04 -JuI -2006 CONSULTING SERVICES 303499 01- Aug -2006 CONTRACT SERVICES 302942 11-Jul-2006 MATERIALS 303321 25-Jul-2006 MATERIALS 302927 11-Jul-2006 ADMINISTRATIVE 302930 11-Jul-2006 MATERIALS 303292 25 -Jul -2006 MATERIALS 302929 11-Jul-2006 MAINTENANCE AND REPAIRS 303097 18 -JuI -2006 MAINTENANCE AND REPAIRS 303289 25- JuI -2006 MAINTENANCE AND REPAIRS 303099 18 -JuI -2006 REMITTANCE 303290 25 -JuI -2006 CONTRACT SERVICES 303492 01- Aug -2006 CONTRACT SERVICES Page 2 Amount 745.22 187.27 364.53 28.45 40.00 750.00 40,591.43 1,967.50 303.35 108.00 1,782.87 57.00 1,152.16 9,107.91 57.00 151.63 513.46 58.55 706.51 41.79 18.00 12.00 318.00 72.96 154.56 149.24 19,260.00 642.00 802.50 25,060.96 1,163.88 60.00 17,500.00 839.40 615.48 110.26 522.37 833.13 1,918.87 7,076.10 374.22 880.15 175.00 25,175.00 1,018.84 4,799.75 5,303.46 5,786.56 12,658.10 118.88 119.06 13,560.95 921.27 1,976.03 327.69 530.00 3,082.72 31.80 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANAL,DANIEL CANNON HYGIENE CANADA LTD CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CARDINAL COURIERS LTD CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARSWELL CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CAST CREW ENTERTAINMENT SERVICES INC CENTENNIAL CONSTRUCTION CENTRE COURT CAFE CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CHAMBERLAIN,RICHARD& CHAMBERLAIN, DONNA CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHESHIRE,STEVEN CHEVY LANE FABRICATIONS CHEVY LANE FABRICATIONS CHEVY LANE FABRICATIONS CHIECA,LUCIANO CHIPPAWA LIONS CLUB CIMCO REFRIGERATION CIRCLE P PAVING INC CIRCLE P PAVING INC CIRILLO,ROSA CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CLAYDON,JEFF CLIFTON HILL BIA CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COIN -OP LAUNDRY EQUIPMENT COLLINSON,JACK COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES AP5200 Cheque No. Cheque Date Purpose 303098 18 -JuI -2006 CONTRACT SERVICES 303100 18-Ju1 -2006 MATERIALS 303293 25-Jul-2006 MATERIALS 303494 01- Aug -2006 MATERIALS 302928 11-Jul-2006 MATERIALS 303291 25-Jul-2006 CONTRACT SERVICES 303493 01- Aug -2006 MATERIALS 303294 25 -JuI -2006 CONTRACT SERVICES 303101 18- JuI -2006 MATERIALS 303102 18-Jul-2006 MATERIALS 303295 25- JuI -2006 MATERIALS 302773 04 -JuI -2006 MATERIALS 303103 18 -JuI -2006 MATERIALS 303297 25-Jul-2006 MATERIALS 303104 18-Jul-2006 LEASES AND RENTS 303495 01- Aug -2006 REMITTANCE 303299 25-Jul-2006 CONTRACT SERVICES 302932 11-Jul-2006 MATERIALS 302774 04- Jut -2006 MATERIALS 302933 11-Jul-2006 MATERIALS 303300 25-Jul-2006 MATERIALS 303496 01- Aug -2006 MATERIALS 303301 25 -JuI -2006 REFUND 303105 18-Jul-2006 MATERIALS 302775 04-Jul-2006 MATERIALS 303106 18-Jul-2006 MATERIALS 303302 25-Jul-2006 MATERIALS 303303 25 -JuI -2006 REFUND 302776 04 -JuI -2006 MATERIALS 302934 11-Jul-2006 MATERIALS 303107 18-Jul-2006 MATERIALS 303304 25-Jul-2006 ADMINISTRATIVE 302935 11-Jul-2006 MAINTENANCE AND REPAIRS 302777 04 -JuI -2006 MATERIALS 303109 18-Ju1 -2006 MAINTENANCE AND REPAIRS 303305 25- JuI -2006 MAINTENANCE AND REPAIRS 303306 25- JuI -2006 REFUND 302936 11-Jul-2006 LEASES AND RENTS 303307 25-Ju1 -2006 LEASES AND RENTS 302778 04 -JuI -2006 LEASES AND RENTS 303497 01- Aug -2006 LEASES AND RENTS 302937 11-Jul-2006 REMITTANCE 302938 11-Jul-2006 MATERIALS 303110 18 -JuI -2006 MATERIALS 303308 25-Jul-2006 REMITTANCE 303111 18-Jul-2006 ADMINISTRATIVE 303498 01- Aug -2006 REMITTANCE 303310 25-Jul-2006 MATERIALS 302781 04 -JuI -2006 UTILITIES 302939 11-Jul-2006 UTILITIES 303112 18-Jul-2006 UTILITIES 303311 25-Jul-2006 UTILITIES 303500 01- Aug -2006 UTILITIES 302782 04 -Jul -2006 MATERIALS 302783 04 -JuI -2006 ADMINISTRATIVE 302784 04 -JuI -2006 CONTRACT SERVICES 303113 18-Jul-2006 CONTRACT SERVICES 303501 01- Aug -2006 CONTRACT SERVICES Page 3 Amount 910.33 1,859.28 1,056.67 96.90 561.26 146.79 146.79 5,977.43 27.97 4,263.89 377.00 96.27 137.23 140.44 746.35 48.44 10,238.35 112.13 363.22 23.18 2,887.43 1,802.79 1,183.79 80.00 1,178.57 959.80 357.08 100.00 862.50 2,932.50 684.00 144.45 2,428.26 2,788.97 535.00 1,070.00 253.06 889.20 338.90 4,347.00 97.47 989.80 144,444.96 1,063.72 29,564.20 61.19 7,250.00 795.45 64.48 417.89 213.90 409.18 239.40 24,545.60 91.57 19,165.88 23,606.10 17,756.31 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CONSTANTINI ,MARIA CONVERGENT TELECOM COSTA,DOMENIC COSTA,ROSINA COSTELLO,BRIAN COTTON INC COTTON INC COTTON INC COTTON INC CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CREDIT UNION OF CENTRAL ONTARIO CREDIT UNION OF CENTRAL ONTARIO CRYDERMAN,GEORGE CSERKALINIE,ELMER CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN CYGNAL TECHNOLOGIES CORP T46181 CYGNAL TECHNOLOGIES CORP T46181 DAMARIO,TONY DARBYSON,DOUG DATA FIX DAVID CHEV -OLDS LTD DECARIA,RON DELDUCA,RACHEL& DISERAFINO, ROMEO DELL CANADA INC DELL CANADA INC DENCO ENGINEERING LTD DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEVRON PIPE SALES DHL CUSTOMS BROKERAGE LTD DICIENZO,HENRY& DICIENZO, LILLIAN DICKSON,B DICKSON,B DIEBOLD ELECTION SYSTEMS INC DISANTE MANAGEMENT LTD DMA PLANNING MAN SERVICES DOLAN,PATRICK& DOLAN, AMANDA DOUGLAS,JAMIE DOWNTOWN BOARD OF MANAGEMENT DUERKSEN,ANGELA DYNATEC MINERAL PRODUCTS DIVISION E3 LABORATORIES E3 LABORATORIES EMBASSY SUITES EMERALD ENBRIDGE AP5200 Cheque No. Cheque Date Purpose 303313 25 -JuI -2006 REFUND 303475 26-Jul-2006 EQUIPMENT 303314 25 -JuI -2006 REFUND 303315 25 -JuI -2006 REFUND 302785 04 -JuI -2006 ADMINISTRATIVE 302786 04 -JuI -2006 MATERIALS 302940 11-Jul-2006 MATERIALS 303114 18-Ju1 -2006 MATERIALS 303316 25 -JuI -2006 MATERIALS 302787 04 -JuI -2006 ADMINISTRATIVE 302788 04 -JuI -2006 REMITTANCE 302941 11-Jul-2006 ADMINISTRATIVE 303115 18 -JuI -2006 MATERIALS 303317 25 -JuI -2006 ADMINISTRATIVE 303318 25-Jul-2006 ADMINISTRATIVE 303116 18 -JuI -2006 REFUND 303320 25 -JuI -2006 REFUND 302789 04 -JuI -2006 MATERIALS 303502 01- Aug -2006 REFUND 302790 04 -JuI -2006 REMITTANCE 302943 11-Jul-2006 REMITTANCE 303117 18 -JuI -2006 REMITTANCE 303322 25 -JuI -2006 REMITTANCE 303503 01- Aug -2006 REMITTANCE 303118 18- JuI -2006 CONTRACT SERVICES 302791 04 -JuI -2006 MATERIALS 303323 25-Jul-2006 MATERIALS 303119 18 -JuI -2006 REMITTANCE 303324 25-Jul-2006 ADMINISTRATIVE 303325 25-Jul-2006 MATERIALS 303120 18 -Jul -2006 EQUIPMENT 302792 04 -JuI -2006 MATERIALS 303327 25 -JuI -2006 REFUND 302945 11-Jul-2006 EQUIPMENT 303328 25-Jul -2006 MATERIALS 303121 18-Jul-2006 ADMINISTRATIVE 302793 04 -JuI -2006 MAINTENANCE AND REPAIRS 302946 11-Jul-2006 MAINTENANCE AND REPAIRS 303329 25-Jul-2006 MAINTENANCE AND REPAIRS 303504 01- Aug -2006 MAINTENANCE AND REPAIRS 302794 04 -JuI -2006 MATERIALS 303330 25 -JuI -2006 MATERIALS 303331 25 -JuI -2006 REFUND 302795 04 -JuI -2006 MATERIALS 303505 01- Aug -2006 REFUND 303332 25- JuI -2006 MATERIALS 303333 25-Jul-2006 REFUND 303334 25 -JuI -2006 CONSULTING SERVICES 303122 18 -JuI -2006 REFUND 303123 18 -JuI -2006 ADMINISTRATIVE 303506 01- Aug -2006 REMITTANCE 303335 25- JuI -2006 ADMINISTRATIVE 303336 25-Jul-2006 MATERIALS 303124 18- JuI -2006 CONTRACT SERVICES 303507 01- Aug -2006 CONTRACT SERVICES 303508 01- Aug -2006 MATERIALS 303126 18-Jul-2006 MAINTENANCE AND REPAIRS 302948 11 -JuI -2006 UTILITIES Page 4 Amount 708.04 5,000.00 718.02 1,003.68 326.63 6,072.02 3,794.49 1,048.85 4,376.32 372.40 19,060.39 1,362.20 2,310.40 842.80 19,105.13 500.60 261.00 150.00 37.75 3,852.80 3,876.63 3,934.67 3,963.16 3,973.32 500.00 2,970.00 2,970.00 24.50 2,176.44 4,505.00 56,992.02 150.00 936.09 19,414.40 532.45 3,172.05 80.50 596.14 633.00 70.80 17.25 7.42 1,233.99 45.00 45.00 809.03 10,000.00 5,350.00 550.53 253.40 45,000.00 101.28 3,097.01 2,426.80 267.50 17,182.76 185.50 47.16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLSVIEW BIA FEDERAL EXPRESS CANADA LTD FELICETTI,ANNY FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FITNESS EQUIPMENT REPAIR FITNESS SOURCE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORCIER,SUE FOWLER,PAMELA L FRANCOTYP POSTALIA TELESET FRANK COWAN COMPANY LIMITED FRED GIESSLER ELECTRICAL LTD G K SERVICES CANADA INC G C DUKE EQUIPMENT LTD GALES GAS BARS GALES GAS BARS GARDEN OF EDEN TREE FARM GARIS,LEN GARLAND CANADA INC GATTO,LORENZO GAUTHIER,IDA& GAUTHIER, DAN GB ENVIRONMENTAL SERVICES NIAGARA LTD GE POLYMERSHAPES GEORGE BAILEY GERRIE ELECTRIC WHOLESALE LTD GIBBONS CONTRACTING LTD. GINO FORTE CONST CO INC GIURA BROTHERS GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GNGH FOUNDATION GOFORTH,HANYA Cheque No. Cheque Date Purpose 303127 303337 303338 303339 302949 303128 303510 302796 302950 303129 303340 303511 303130 303341 303512 303342 303513 303131 302951 302952 302953 303132 303133 303514 303515 303134 302797 302954 303135 303516 303517 303518 302956 302798 303344 303348 302958 302799 303137 302957 303519 303345 302800 302801 302803 303346 302804 302805 303347 302806 303138 302807 302960 303139 303349 303520 302810 302961 18-Jul-2006 25 -JuI -2006 25- Jul -2006 25-Ju1 -2006 11 -Jul -2006 18 -JuI -2006 01- Aug -2006 04 -JuI -2006 11-Jul-2006 1 8-JuI-2006 25-JuI -2006 01- Aug -2006 18 -JuI -2006 25-Jul-2006 01- Aug -2006 25-Jul-2006 01- Aug -2006 18-Jul-2006 11-Jul-2006 11 -Jul -2006 11 -JuI -2006 18 -JuI -2006 18-JuI -2006 01- Aug -2006 01- Aug -2006 18-Jul-2006 04 -JuI -2006 11-Jul-2006 18-Ju1 -2006 01- Aug -2006 01- Aug -2006 01- Aug -2006 11-Jul-2006 04 -JuI -2006 25-Jul-2006 25-Ju1 -2006 11-Jul-2006 04-Ju1 -2006 18-Jul-2006 11-Jul-2006 01- Aug -2006 25-Jul-2006 04 -JuI -2006 04 -JuI -2006 04 -JuI -2006 25 -JuI -2006 04 -JuI -2006 04 -JuI -2006 25-Ju1 -2006 04 -JuI -2006 18 -JuI -2006 04- JuI -2006 11-JuI -2006 18-Jul-2006 25- JuI -2006 01- Aug -2006 04-Jul-2006 11-Ju1 -2006 AP5200 UTILITIES UTILITIES CONSULTING SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS SUPPLIES REMITTANCE MATERIALS ADMINISTRATIVE CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND MATERIALS REMITTANCE MAINTENANCE AND REPAIRS MATERIALS EQUIPMENT MATERIALS MATERIALS MATERIALS REMITTANCE MATERIALS REMITTANCE REFUND MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES 8 MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE Page 5 Amount 3,389.05 998.05 365.70 2,839.12 122.94 1,760.95 7,482.96 184.04 623.81 769.30 249.10 592.54 2,261.33 3,277.64 6,078.49 695.02 200,000.00 10.19 401.98 111,191.51 250.05 775.85 1,211.36 64.03 342.00 3,707.60 3,015.30 499.68 3,012.90 503.14 207.20 20.00 21,200.00 13,057.40 2,925.45 103.19 5,054.25 425.28 543.85 287.50 594.39 1,908.00 77.00 750.00 1,385.65 1,550.25 125.00 470.30 10,026.14 100.89 986.42 12,141.94 994.02 854.56 5,354.31 301.95 50,000.00 94.11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GOWLING LAFLEUR HENDERSON LLP GOWLING LAFLEUR HENDERSON LLP GRAFTON UTILITY SUPPLY LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT GREENLAWN GREENLAWN GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GYM CON LTD NALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALL,SUSAN HAMDANI DRYCLEANERS LTD HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HANG UPS HARD ROCK CONST INC HARD ROCK CONST INC HARPER,HELEN HARPER DETROIT DIESEL ALLISON HAZARD CONTROL TECHNOLOGIES INC HEART NIAGARA INC HEART NIAGARA INC HECO HECO HECO HICKS MORLEY HAMILTON STEWART STORIE LLP HOBSON,JAMES& HOBSON, CATHERINE HOCO LIMITED HOLIDAY INN BY THE FALLS HOLMAN,GEOFF HOME TRUST CO HOME TRUST CO HUMMELL,HAROLD HUMMELL,HAROLD IAN SPRINGATE ARBITRATION LTD ICECO ADVANCED ARENA PRODUCTS IDB CANADA LTD IMAGISTICS CANADA INC IN2ITIVE GROUP INC INGENIOUS SOFTWARE INNOVATIVE MUNICIPAL PRODUCTS INC INTEGRITY ABSORBENT PRODUCTS INTERSTEAM TECHNOLOGIES IOANNONI,CAROLYNN Cheque No. Cheque Date Purpose AP5200 Page 6 302808 04 -JuI -2006 CONSULTING SERVICES 303140 18 -Jul -2006 CONSULTING SERVICES 303521 01- Aug -2006 MATERIALS 302809 04 -Jul -2006 MATERIALS 303141 18 -JuI -2006 MATERIALS 303350 25-Jul-2006 MATERIALS 303522 01- Aug -2006 MATERIALS 303351 25-Ju1 -2006 REMITTANCE 302811 04 -JuI -2006 CONTRACT SERVICES 303523 01- Aug -2006 CONTRACT SERVICES 302812 04- JuI -2006 MATERIALS 303142 18-Jul-2006 MATERIALS 303524 01- Aug -2006 MATERIALS 302962 11 -Jul -2006 MATERIALS 303143 18-Jul-2006 MATERIALS 303525 01- Aug -2006 MATERIALS 302963 11-Jul-2006 MATERIALS 302813 04 -JuI -2006 MATERIALS 303144 18-Jul-2006 LEASES AND RENTS 303352 25-Jul-2006 LEASES AND RENTS 303527 01- Aug -2006 LEASES AND RENTS 302814 04 -JuI -2006 MATERIALS 302964 11-Jul-2006 MATERIALS 303353 25-Jul-2006 CONTRACT SERVICES 303354 25-Jul-2006 REFUND 302815 04 -JuI -2006 MAINTENANCE AND REPAIRS 303355 25 -JuI -2006 MAINTENANCE AND REPAIRS 303356 25-Jul-2006 ADMINISTRATIVE 303528 01- Aug -2006 MATERIALS 302965 11-Jul-2006 MATERIALS 303145 18 -JuI -2006 MATERIALS 303357 25-Jul-2006 REFUND 303146 18 -JuI -2006 MATERIALS 303147 18 -JuI -2006 MATERIALS 303148 18 -Jut -2006 REMITTANCE 303358 25- Jul -2006 LEASES AND RENTS 303149 18 -JuI -2006 MAINTENANCE AND REPAIRS 303359 25 -JuI -2006 MAINTENANCE AND REPAIRS 303529 01- Aug -2006 MAINTENANCE AND REPAIRS 303150 18 -JuI -2006 CONTRACT SERVICES 303530 01- Aug -2006 REFUND 303360 25 -JuI -2006 REFUND 303531 01- Aug -2006 REFUND 302816 04 -JuI -2006 ADMINISTRATIVE 303151 18 -JuI -2006 REFUND 303361 25- Jul -2006 REFUND 302967 11-Jul-2006 ADMINISTRATIVE 303532 01- Aug -2006 ADMINISTRATIVE 303533 01- Aug -2006 CONTRACT SERVICES 302968 11-Jul-2006 MATERIALS 302969 11-Jul-2006 REMITTANCE 303153 18 -Jut -2006 MATERIALS 303154 18-Ju1 -2006 MATERIALS 303534 01- Aug -2006 MATERIALS 303535 01- Aug -2006 MATERIALS 303537 01- Aug -2006 MATERIALS 303536 01- Aug -2006 MATERIALS 303538 01- Aug -2006 ADMINISTRATIVE Amount 23,843.35 2,460.32 499.09 776.08 47.81 361.45 287.67 76.75 374.50 505.63 2,152.46 2,996.82 2,099.42 469.20 1,140.47 1,563.63 8,373.73 2,530.00 1,897.50 1,881.00 2,086.20 296.70 456.78 2,791.61 890.00 92.66 140.50 59.08 336.30 59,292.65 17,737.85 96.05 4,044.83 10,198.96 2,610.00 3,210.00 3,227.91 2,785.90 2,234.06 12,168.18 7,774.00 7,623.15 43.00 102.55 2,140.66 1,357.03 163.74 181.04 1,577.84 1,982.81 312.00 612.25 1,350.00 79.50 1,872.26 1,024.92 2,707.50 255.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name IRELAND,TERRY ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISLAMIC SOCIETY OF NIAGARA PENINSULA J &B J W IVES ENTERPRISES J W IVES ENTERPRISES JACKSON,DAVE JAGGER HIMS LIMITED JONES,DON JUPITER GLOBAL INC KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KARAGIANNIS,JOHN KELLY,KAREN KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KERPUTT INC KERRY T HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KHAN,LESLIE KING CONTRACTORS OF NIAGARA LTD KING CONTRACTORS OF NIAGARA LTD KIWANIS MUSIC DANCE FESTIVAL KRKLJUS,MILE KRONSTEIN,MARK KUCHYT,TOM KUCHYT,TOM KWIK MIX MATERIALS LIMITED LADD,BRIAN LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LATOPLAST LTD LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LEXISNEXIS QUICKLAW LINCOLN TRUCK BODY MFG INC. LINDSAY PRESS LITT,BRIAN LUNDY'S LANE BIA LYMBURNER,ROBERT M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MAGGS,BRENDA MAIN FERRY BIA MAJOR,GUY& MAJOR, EVELYN MANGOFF,TED MAPLE LEAF COLLISION CENTRE MAR -CO CLAY PRODUCTS INC MARINE CLEAN LTD MARINE CLEAN LTD MARINE CLEAN LTD MARTIN SHEPPARD FRASER LLP AP5200 Cheque No. Cheque Date Purpose 302817 04 -Jut -2006 REMITTANCE 302970 11 -Jul -2006 MATERIALS 303362 25 -Jul -2006 MATERIALS 303539 01- Aug -2006 MATERIALS 302971 11-Jul-2006 GRANT 302818 04 -JuI -2006 REMITTANCE 302820 04 -JuI -2006 MATERIALS 303364 25 -JuI -2006 MATERIALS 302972 1 1-JuI-2006 MATERIALS 303155 18-Jul-2006 CONSULTING SERVICES 302819 04 -JuI -2006 ADMINISTRATIVE 303363 25-Jul-2006 REFUND 302821 04 -JuI -2006 MATERIALS 303365 25-Ju1 -2006 MATERIALS 303540 01- Aug -2006 CONTRACT SERVICES 303366 25-Jul-2006 REFUND 302974 11-Jul-2006 ADMINISTRATIVE 302973 11-Jul-2006 CONTRACT SERVICES 303541 01- Aug -2006 CONTRACT SERVICES 302975 11-Jul-2006 MATERIALS 302822 04-Jul-2006 CONSULTING SERVICES 303156 18-Ju1 -2006 CONTRACT SERVICES 303367 25-Ju1 -2006 CONSULTING SERVICES 302823 04 -JuI -2006 MAINTENANCE AND REPAIRS 302824 04 -JuI -2006 CONTRACT SERVICES 303157 18-Ju1 -2006 CONTRACT SERVICES 302825 04 -JuI -2006 REMITTANCE 303158 18 -JuI -2006 REFUND 302826 04 -Jul -2006 ADMINISTRATIVE 302827 04-Ju1 -2006 ADMINISTRATIVE 303542 01- Aug -2006 ADMINISTRATIVE 303368 25-Ju1 -2006 MAINTENANCE AND REPAIRS 303543 01- Aug -2006 ADMINISTRATIVE 303159 18 -JuI -2006 MATERIALS 303369 25-Ju1 -2006 MATERIALS 303544 01- Aug -2006 MATERIALS 303371 25-Ju1 -2006 MATERIALS 302828 04 -JuI -2006 MATERIALS 303372 25-Ju1 -2006 MATERIALS 303373 25 -JuI -2006 CONTRACT SERVICES 303375 25-Ju1 -2006 MATERIALS 303161 18- Jut -2006 MATERIALS 302830 04 -JuI -2006 REFUND 303546 01- Aug -2006 GRANT 302979 11 -Jul -2006 REFUND 302847 04 -Jul -2006 UTILITIES 302990 11-Jul-2006 UTILITIES 303559 01- Aug -2006 UTILITIES 303376 25-Ju1 -2006 REFUND 303547 01- Aug -2006 GRANT 303162 18 -JuI -2006 REFUND 303163 18-Ju1 -2006 ADMINISTRATIVE 303548 01- Aug -2006 CONTRACT SERVICES 303164 18-Ju1 -2006 CONTRACT SERVICES 302981 11-Jul-2006 CONTRACT SERVICES 303377 25- JuI -2006 CONTRACT SERVICES 303472 26-Jul-2006 CONTRACT SERVICES 303165 18-Ju1 -2006 REFUND Page 7 Amount 584.64 551.96 977.41 149.49 1,571.20 37.45 1,601.76 635.91 168.80 2,206.61 204.64 1,146.88 287.99 897.77 8,108.36 1,179.97 291.63 17,040.49 6,517.80 5,498.55 1,067.86 1,158.76 5,352.52 2,140.00 5,953.48 1,476.60 150.00 750.00 78.00 393.73 337.60 1,373.11 1,064.69 448.50 735.54 711.36 238.97 147.12 146.59 228.98 1,943.19 116.15 750.00 66,500.00 765.47 655.50 131.61 649.80 25.50 11,812.50 920.00 151.92 5,739.65 47,150.62 14,446.61 10,302.77 1,256.80 637.04 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MATTHEWS CAMERON HEYWOOD KERRY T HOWE Sl MAVES,DIANE MCCAULEY,DON MCCONNELL,LUCILLE MCCORDICK GLOVE SAFETY INC MCCORDICK GLOVE SAFETY INC MCDONALD,ROB MCG PRODUCTIONS MCLEAN KERR LLP MCLEOD,CRAIG MCLEOD,CRAIG MCNAMARA,SUSAN MCRAE,LEN MCRAE,LEN MCRAE,LEN MCWILLIAM ASSOCIATES MEDCON MECHANICAL LTD MEDIA PRO INC MEDIA PRO INC MEDIA PRO INC MELLEN DISTRIBUTING 1137637 ONTARIO INC MELLEN DISTRIBUTING 1137637 ONTARIO INC MERIDIAN CREDIT UNION MIKULCIC,NIKOLA MINERVINI,DOMENIC MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISS ALL CANADIAN PAGEANTS MITCHELL,LOUIE MJM /CMA JOINT VENTURES ARCHITECTS MOBILE BUSINESS COMMUNICATIONS LTD MODERN CRANE MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY, MIKE MOORE CANADA MOORE CANADA MOROCCO,JOHN MOROCCO,JOYCE MORRISSEY,DENYSE MORTON,DALE AP5200 Cheque No. Cheque Date Purpose 303378 25 -JuI -2006 CONTRACT SERVICES 302832 04-Jul-2006 ADMINISTRATIVE 302982 11-Jul-2006 ADMINISTRATIVE 302834 04 -JuI -2006 ADMINISTRATIVE 302835 04 -JuI -2006 MATERIALS 303379 25 -JuI -2006 MATERIALS 302983 11-Jul-2006 ADMINISTRATIVE 302984 11-Jul-2006 LEASES AND RENTS 303381 25-Jul-2006 CONSULTING SERVICES 302985 11-Jul-2006 ADMINISTRATIVE 303549 01- Aug -2006 ADMINISTRATIVE 302836 04 -JuI -2006 ADMINISTRATIVE 302986 11-Jul-2006 ADMINISTRATIVE 303166 18- JuI -2006 ADMINISTRATIVE 303550 01- Aug -2006 ADMINISTRATIVE 303167 18 -JuI -2006 CONTRACT SERVICES 303168 18 -JuI -2006 CONTRACT SERVICES 302837 04 -JuI -2006 MATERIALS 302987 11- JuI -2006 MATERIALS 303169 18 -JuI -2006 CONTRACT SERVICES 302838 04 -JuI -2006 SUPPLIES 303384 25-Jul-2006 MATERIALS 303551 01- Aug -2006 REFUND 303552 01 -Aug -2006 REFUND 302840 04 -JuI -2006 ADMINISTRATIVE 303553 01- Aug -2006 ADMINISTRATIVE 302842 04 -JuI -2006 REMITTANCE 302843 04 -JuI -2006 REMITTANCE 302844 04 -JuI -2006 REMITTANCE 302845 04 -JuI -2006 ADMINISTRATIVE 302989 11-Jul-2006 REMITTANCE 303172 18-Jul-2006 REMITTANCE 303173 18 -JuI -2006 REMITTANCE 303261 19-Jul-2006 REMITTANCE 303386 25 -JuI -2006 REMITTANCE 303555 01- Aug -2006 REMITTANCE 303556 01- Aug -2006 REMITTANCE 303557 01- Aug -2006 REMITTANCE 302841 04 -JuI -2006 REMITTANCE 302988 11-Jul-2006 REMITTANCE 303171 18 -JuI -2006 REMITTANCE 303385 25-Jul-2006 REMITTANCE 303554 01- Aug -2006 REMITTANCE 302846 04 -JuI -2006 REMITTANCE 303558 01- Aug -2006 REFUND 302980 11-Jul-2006 CONTRACT SERVICES 302848 04-Jul-2006 MATERIALS 302850 04- JuI -2006 LEASES AND RENTS 302849 04-Jul-2006 CONTRACT SERVICES 303174 18 -JuI -2006 CONTRACT SERVICES 303387 25-Jul-2006 CONTRACT SERVICES 303388 25-Jul-2006 CONTRACT SERVICES 302991 11-Jul-2006 MATERIALS 303560 01- Aug -2006 MATERIALS 302992 11-Jul-2006 ADMINISTRATIVE 303561 01- Aug -2006 ADMINISTRATIVE 302851 04 -JuI -2006 ADMINISTRATIVE 302993 11-Jul-2006 ADMINISTRATIVE Page 8 Amount 2,841.92 120.00 713.71 114.00 243.94 113.16 180.19 754.35 9,438.58 636.80 464.62 114.00 60.00 120.00 60.00 599.20 29,104.00 372.60 207.00 424.49 92.70 367.35 705.01 300.00 212.69 258.26 56,312.50 4,076.67 109.23 475.00 109.23 7,712.79 109.23 19,200.00 109.23 48,049.73 3,186.92 109.23 1,552.08 1,552.08 1,429.88 1,451.51 1,492.20 150.00 85.00 80,250.00 2,530.00 573.09 259.93 2,231.62 3,470.50 323.74 681.89 15,935.69 65.41 255.00 100.01 293.79 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MORTON,DALE MR QUICK SOFT CLOTH MR QUICK SOFT CLOTH MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL WORLD INC MUSSARI,TOM NATIONAL CAR RENTAL (CANADA) INC NATIONAL CAR RENTAL (CANADA) INC NATIVE HERITAGE REALTY NEPTUNE TECHNOLOGY GROUP (CANADA) LTD NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS IMAX THEATRE NIAGARA FALLS TAXI NIAGARA FALLS TOURISM NIAGARA HELICOPTERS LIMITED NIAGARA INFO -TRAIN SYSTEMS LTD NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA REGIONAL POLICE SERVICE NIAGARA SAW SALES AND SERVICE NIAGARA SAW SALES AND SERVICE NIAGARA SAW SALES AND SERVICE NIAGARA SHEET METAL NIAGARA SHEET METAL NIAGARA SOUND SYSTEMS NIAGARA SOUND SYSTEMS NIAGARA TENTS EVENTS NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA.COM NICHOLLS MARINE LTD NORJOHN LTD NORJOHN LTD NORTHSTAR CONSTRUCTION Cheque No. Cheque Date Purpose 303562 303175 303389 303390 303391 303563 303392 303564 303393 303394 303176 303395 303177 302994 302855 302856 302999 303183 303399 303568 303569 303179 303565 302853 302854 302996 303181 303182 303260 303396 303397 303566 303567 302997 302857 303570 303184 303185 303400 303571 303186 303187 303188 302858 303402 303572 302859 303573 303189 303574 303001 303002 302860 303178 303190 303003 303191 303403 01- Aug -2006 18-Jul-2006 25- Jul -2006 25- JuI -2006 25 -JuI -2006 01- Aug -2006 25-Jut -2006 01- Aug -2006 25-Ju1 -2006 25-JuI -2006 18-Jul-2006 25 -JuI -2006 18-Jul-2006 11-Jul-2006 04 -JuI -2006 04 -JuI -2006 11-Jul-2006 18 -JuI -2006 25-Jul-2006 01- Aug -2006 01- Aug -2006 18 -JuI -2006 01- Aug -2006 04 -JuI -2006 04-Jul-2006 11-Jul-2006 18-Jul-2006 18 -JuI -2006 19-Jul-2006 25- JuI -2006 25 -JuI -2006 01- Aug -2006 01- Aug -2006 11-Jul-2006 04-Ju1 -2006 01- Aug -2006 18-JuI -2006 18 -JuI -2006 25-Jul-2006 01- Aug -2006 18-Jul-2006 18-Jul-2006 18 -JuI -2006 04 -JuI -2006 25-Jul-2006 01- Aug -2006 04 -JuI -2006 01- Aug -2006 1 8-JuI-2006 01- Aug -2006 1 1-JuI-2006 11 -Jul -2006 04 -JuI -2006 18-Jul-2006 18-Ju1 -2006 1 1-JuI-2006 18-Ju1 -2006 25-Jul-2006 AP5200 ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS ADMINISTRATIVE REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS GRANT REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES REMITTANCE UTILITIES UTILITIES REMITTANCE UTILITIES REMITTANCE REMITTANCE UTILITIES REMITTANCE UTILITIES ADMINISTRATIVE LEASES AND RENTS GRANT ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS ADMINISTRATIVE REMITTANCE ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES Page 9 Amount 25.50 344.87 135.00 1,337.50 206.32 125.59 15.00 15.00 210.68 5,274.57 658,258.79 8,138.12 158.93 21,919.75 4,346.52 2,168.32 2,168.32 2,168.32 2,168.32 2,168.32 4,346.52 920.00 37,711.83 8,674.86 13,939.66 7,047.25 3,240.17 945.28 6,312.46 5,962.25 1,333.30 8,083.90 117,184.27 500.00 34.10 27,500.00 100.00 791.18 679.24 556.76 171.34 379.48 35.00 219.41 275.93 143.05 731.00 2,593.50 240.75 678.30 696.90 645.19 250,000.00 143.58 11.90 11,778.28 479,230.94 2,093.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name OPSINC OACETT OACETT OACETT OACETT OMERS OMERS OMERS OMERS OMERS OMHRA ONTARIO LAUNDRY SYTEMS INC ONTARIO WATER WORKS ASSOCIATION OPTIMIST CLUB OPTIMIST CLUB OPTIMIST CLUB SLO -PITCH CANTEEN OUDERKIRK,KATHARINE PAGENET OF CANADA INC PAGENET OF CANADA INC PALMER,WENDALL PALMER,WENDALL PAPER DIRECT PARACEL LABORATORIES LTD PARTY CONNECTION PEC ROOF MAINTENANCE PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PERFORMANCE CARS PERFORMANCE POLYMERS INC PHILIPS ENGINEERING PHILIPS ENGINEERING PIETRANGELO,VICTOR PIGEON,ROGER PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PIPEFLO CONTRACTING CORPORATION POTTS,JESSICA PRATA,GUY PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISE PARK LINK INC PRG LIGHTING TORONTO PRG LIGHTING TORONTO PRIMARY HEALTH CARE SERVICES PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUALITY MOVE MANAGEMENT TORONTO QUICKSERVICE TECH (CAN) QUIZNOS SUBS Cheque No. Cheque Date Purpose AP5200 Page 10 303194 18 -Jul -2006 MATERIALS 303004 11 -Jul -2006 ADMINISTRATIVE 303192 18 -Jul -2006 REMITTANCE 303404 25-Jul-2006 REMITTANCE 303576 01- Aug -2006 REMITTANCE 303005 11-Jul-2006 REMITTANCE 303006 11 -Jut -2006 REMITTANCE 303577 01 -Aug -2006 REMITTANCE 303578 01- Aug -2006 REMITTANCE 303579 01- Aug -2006 REMITTANCE 303007 11-Jul-2006 ADMINISTRATIVE 302861 04 -JuI -2006 MAINTENANCE AND REPAIRS 303193 18 -Jut -2006 REMITTANCE 303008 11-Jul-2006 LEASES AND RENTS 303405 25 -JuI -2006 DONATION 303406 25-Ju1 -2006 MATERIALS 303009 11-Jul-2006 REFUND 302862 04 -JuI -2006 UTILITIES 303407 25-Ju1 -2006 CONTRACT SERVICES 303195 18 -Jul -2006 REFUND 303580 01- Aug -2006 ADMINISTRATIVE 303010 11-Jul-2006 MATERIALS 303196 18 -JuI -2006 MATERIALS 303582 01- Aug -2006 MATERIALS 303011 11-Ju1 -2006 MAINTENANCE AND REPAIRS 303013 11-Jul-2006 CONTRACT SERVICES 303197 18 -JuI -2006 CONTRACT SERVICES 303012 11-Jul-2006 MATERIALS 302863 04 -JuI -2006 EQUIPMENT 303408 25 -JuI -2006 MATERIALS 302864 04 -JuI -2006 CONTRACT SERVICES 303014 11-Jul-2006 CONSULTING SERVICES 303583 01- Aug -2006 ADMINISTRATIVE 302865 04 -JuI -2006 MATERIALS 303409 25-Ju1 -2006 CONTRACT SERVICES 303584 01- Aug -2006 CONTRACT SERVICES 303410 25-Jul-2006 CONTRACT SERVICES 303585 01- Aug -2006 CONTRACT SERVICES 303015 11-Jul-2006 ADMINISTRATIVE 302866 04 -JuI -2006 ADMINISTRATIVE 303199 18-Ju1 -2006 ADMINISTRATIVE 302867 04 -JuI -2006 MATERIALS 303200 18-Jul-2006 MATERIALS 303411 25-Jul-2006 MATERIALS 303201 18 -Jul -2006 CONTRACT SERVICES 303412 25-Jul-2006 CONTRACT SERVICES 303202 18 -JuI -2006 ADMINISTRATIVE 303413 25- Jul -2006 CONTRACT SERVICES 303414 25 -JuI -2006 EQUIPMENT 303586 01- Aug -2006 GRANT 303415 25-Jul-2006 CONTRACT SERVICES 303016 11-Jul-2006 REMITTANCE 303203 18-Jul-2006 REMITTANCE 303416 25-Ju1 -2006 REMITTANCE 303588 01- Aug -2006 REMITTANCE 303204 18 -JuI -2006 ADMINISTRATIVE 303417 25-Jul-2006 CONTRACT SERVICES 303017 11 -Jul -2006 MATERIALS Amount 817.83 202.60 164.08 190.80 190.80 23,349.24 408,703.32 45.48 327,944.92 18,443.10 160.50 368.00 48.15 750.00 100.00 525.00 280.88 411.32 351.35 800.00 200.00 466.03 440.84 713.00 627.66 29,547.79 271.78 223.50 22,221.45 6,640.41 119.90 13,870.34 255.00 45.00 3,311.17 3,784.20 42,492.54 3,852.00 115.52 35.32 34.44 26.97 568.98 843.98 19.49 1,908.00 18,755.29 47,425.28 21,509.46 21,038.67 731,736.74 57.80 256.06 75.72 49.49 2,035.65 145.35 115.37 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name R D CONSTRUCTION (NIAGARA) LTD REPCO. R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO ASSOCIATES ARCHITECTS INC RAIMONDO ASSOCIATES ARCHITECTS INC RANKIN CONSTRUCTION INC RBC ROYAL BANK RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REDEVELOPMENT CONCEPTS INTERNATIONAL REED CONSTRUCTION DATA INC REED CONSTRUCTION DATA INC REID,NORA A RENAISSANCE FALLSVIEW HOTEL RIDGEMOUNT QUARRIES LIMITED RIDGEMOUNT QUARRIES LIMITED RIDGEMOUNT QUARRIES LIMITED RINES,VINCENT JAMES& RINES, ANGELA KATHERINE ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROCCA,FRANK ROCHESTER MIDLAND LIMITED ROCHESTER MIDLAND LIMITED RODDY,JACQUELINE AGNES ROGERS WIRELESS INC RONA ONTARIO INC RONALD C ELLENS APPRAISALS INC RONALD C ELLENS APPRAISALS INC ROSS,PHILIP ROYAL BANK RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SEI RUDDELL,JESSICA SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFETY TODAY SALCI,TED SALIT STEEL SANDERCOCK,LINDSAY SAUCIER,LUC SCARINGI,VITO SCARINGI,VITO SCOTIABANK SCOTIABANK SCOTIABANK SEALER WORKS SEALER WORKS SHAHEEN PEAKER LTD SHANAHAN,RICHARD& SHANAHAN, BARB SHANNON,CAROLYN ANN& SILVIO, VICTOR SHERWIN WILLIAMS SHERWIN WILLIAMS Cheque No. Cheque Date Purpose 303019 303424 302874 303205 303418 302868 303206 303207 303018 302869 302870 303020 303208 303419 303589 303021 303022 303420 303591 303023 302871 303024 303212 303425 302872 303025 303427 303428 302873 303429 303430 303213 303026 303214 303592 303593 303217 303432 303433 303434 303218 303594 303595 303596 303435 303436 302875 303437 303027 303220 303439 303028 303597 302876 303223 303598 302877 303440 11-Jul-2006 25-Ju1 -2006 04- Jul -2006 18- JuI -2006 25 -JuI -2006 04 -JuI -2006 18-Jul-2006 18-Jul-2006 11-Jul-2006 04 -JuI -2006 04 -JuI -2006 11 -JuI -2006 18-Jut -2006 25 -JuI -2006 01- Aug -2006 11 -JuI -2006 11-Jul-2006 25 -JuI -2006 01- Aug -2006 11-Jul-2006 04 -JuI -2006 11-Ju1 -2006 18 -JuI -2006 25-Ju1 -2006 04-Ju1 -2006 11-Jul-2006 25 -JuI -2006 25-Jul -2006 04 -JuI -2006 25-Ju1 -2006 25 -JuI -2006 1 S -Jul-2006 11-Jul-2006 18 -JuI -2006 01- Aug -2006 01- Aug -2006 18 -JuI -2006 25-Ju1 -2006 25-Jul-2006 25-Jul-2006 18- Jut -2006 01- Aug -2006 01- Aug -2006 01- Aug -2006 25-Jul-2006 25 -Jul -2006 04 -JuI -2006 25- JuI -2006 11-Jul-2006 18 -JuI -2006 25-Jul-2006 11-Jul-2006 01- Aug -2006 04 -JuI -2006 18-Ju1 -2006 01- Aug -2006 04 -JuI -2006 25-Jul-2006 AP5200 Page 11 CONTRACT SERVICES MATERIALS CONSULTING SERVICES MATERIALS MATERIALS CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONSULTING SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS REFUND UTILITIES MATERIALS CONSULTING SERVICES CONSULTING SERVICES ADMINISTRATIVE REFUND REFUND ADMINISTRATIVE CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES REFUND REFUND MATERIALS MATERIALS Amount 4,782.90 859.04 7,691.84 269.51 629.88 3,197.59 5,295.06 50,434.03 158.09 138.47 196,024.49 184,189.81 234,406.33 182,680.16 182,921.20 10,996.66 793.17 688.41 500.00 2,577.00 441.86 130.65 270.14 565.00 80.50 57.50 28.50 750.00 385.36 17.16 1,000.34 1,907.28 371.01 2,898.00 1,778.00 45.00 1,012.74 13,847.46 85.67 16,181.07 1,857.02 887.29 1,415.00 142.37 137.99 1,100.00 149.81 151.50 854.16 2,954.62 8,768.07 6,044.77 2,881.68 10,478.51 756.72 260.00 250.13 602.12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SHRED IT KITCHENER SICO INC SIGNATURE SIGNS SIGNATURE SIGNS SILLASTE,ALLAN& SILLASTE, SHELLEY SIMPLISTIC LINES INC SINGULAR PRODUCTIONS LIMITED SINGULAR PRODUCTIONS LIMITED SPENCER,MATT ST JOHN AMBULANCE STAFFORD,CHRISTOPHER STAMFORD HOME HARDWARE STAR COLLISION SERVICE STATISTICS CANADA STOKES INTERNATIONAL STREAMLINE STREAMLINE SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREMEX INC TAB TALK WIRELESS INC TALK WIRELESS INC TASSONE,FRANK TAYLOR,AMY TAYLOR-MADE ENTERPRISES INC TAYLOR -MADE ENTERPRISES INC TAYLOR -MADE ENTERPRISES INC TD CANADA TRUST TD CANADA TRUST TECHNICAL STANDARDS SAFETY AUTHORITY TELLIER,MIKE TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TERANET INC TERANET INC TES INFORMATION TECHNOLOGIES THE CAMERA PLACE FOTO SOURCE THE COUNTRY BASKET THE DATA GROUP OF COMPANIES THE DENNIS GROUP THE DOVE TAIL PRACTICE THE DRAWING CENTRE THE DRAWING CENTRE THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE GREATER NIAGARA BASEBALL ASSOC THE JACKET CELLAR THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD Cheque No. Cheque Date Purpose AP5200 Page 12 303441 25 -Jul -2006 CONTRACT SERVICES 302878 04 -JuI -2006 MATERIALS 302879 04 -JuI -2006 MATERIALS 303599 01- Aug -2006 MATERIALS 303442 25 -JuI -2006 REFUND 303224 18- Jul -2006 MATERIALS 302880 04 -JuI -2006 MATERIALS 303029 11-Jul-2006 MATERIALS 303032 11-Jul-2006 ADMINISTRATIVE 302882 04 -JuI -2006 GRANT 303443 25 -JuI -2006 REFUND 303444 25-Jul-2006 MATERIALS 303034 11-Jul-2006 MATERIALS 303226 18 -JuI -2006 REMITTANCE 303035 11-Jul-2006 MATERIALS 303227 18-Jul-2006 CONTRACT SERVICES 303445 25-Ju1 -2006 CONTRACT SERVICES 303229 18 -JuI -2006 REMITTANCE 303600 01 -Aug -2006 REMITTANCE 303228 18-Jul-2006 MATERIALS 303230 18-Jul-2006 MATERIALS 303446 25 -JuI -2006 MATERIALS 303036 11-Jul-2006 MATERIALS 303231 18 -JuI -2006 MATERIALS 302884 04- Jul -2006 MATERIALS 303447 25 -JuI -2006 CONTRACT SERVICES 303037 11-Jul-2006 REFUND 303449 25 -JuI -2006 REFUND 303038 11-Jul-2006 MATERIALS 303232 18-Ju1 -2006 MATERIALS 303602 01- Aug -2006 MATERIALS 303039 11-Jul-2006 REFUND 303603 01- Aug -2006 REFUND 303234 18 -Jul -2006 REMITTANCE 303041 11 -Jul-2006 REFUND 303235 18 -JuI -2006 UTILITIES 302886 04 -JuI -2006 MATERIALS 303042 11-Jul-2006 UTILITIES 303043 11-Jul-2006 UTILITIES 303236 18 -JuI -2006 UTILITIES 303450 25 -JuI -2006 UTILITIES 302887 04 -JuI -2006 MATERIALS 302888 04 -JuI -2006 REMITTANCE 303604 01- Aug -2006 ADMINISTRATIVE 303237 18 -JuI -2006 ADMINISTRATIVE 303238 18-Jul-2006 MATERIALS 303044 11-Jul-2006 MATERIALS 303452 25-Ju1 -2006 MATERIALS 303239 18-Jul-2006 MATERIALS 303453 25-Ju1 -2006 REFUND 303454 25-Jul-2006 MATERIALS 303605 01- Aug -2006 MATERIALS 302889 04 -JuI -2006 LEASES AND RENTS 303241 18 -JuI -2006 MAINTENANCE AND REPAIRS 303045 11 -JuI -2006 SUPPLIES 303242 18-Jul-2006 MATERIALS 303606 01- Aug -2006 MATERIALS 302892 04 -JuI -2006 MATERIALS Amount 68.90 3,111.35 131.10 914.10 42.72 3,071.27 341.55 329.46 47.26 7,200.00 100.00 13.20 4,866.41 99.64 263.97 1,644.50 97.75 265,561.95 183.60 1,791.31 281.39 51.53 789.48 143.91 288.74 123.12 123.64 750.00 345.00 1,026.00 570.00 1,420.41 750.41 128.40 113.99 3,130.58 1,180.98 307.59 1,823.25 9,353.89 423.46 2,794.50 5,000.00 5,000.00 2,889.00 264.50 1,787.10 7,744.73 3,914.08 750.00 372.60 389.88 7,190.40 13,039.45 500.00 133.95 1,324.58 460.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE REVIEW THE SLEEP FACTORY THEORET,ROSALINE TICKET TRACER CORPORATION TIM HORTONS STORE #30 TIMBER CREEK CONSTRUCTION TIMS WATER SERVICE TKACH,THOMAS F TOPS AND BOTTOMS YACHT SERVICES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOWN OF NIAGARA ON THE LAKE TREASURE HOUSE IMPORTS LTD TRI CITY CURB CUTTING INC TRI COMMITTEE OF ONTARIO TROW ASSOCIATES INC TROY SPRINKLER LIMITED TRU -BOND VULCANIZING LIMITED TVCOGECO UAP INC #963 UAP INC #963 UNISTRUT CENTRAL UNITED LABORATORIES UNITED WAY URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VALLO,GEORGE VALUE ADDED SYSTEMS INC VANCOR SUPPLY VANCOR SUPPLY VANCOR SUPPLY VEGA WIRELESS CORPORATION VICTORIA CENTRE BIA VIDEOSCOPE WALDICK,RICHARD DONALD& WALDICK, LAUREL ANN WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER GROUP /CNI INC WALLACE,JESSICA Cheque No. Cheque Date Purpose 303046 303243 303607 303209 303210 303211 303421 303422 303423 303590 303047 303608 303455 302891 303457 303246 303245 303247 303609 303458 303610 302893 303048 303248 303611 303249 303049 302894 303459 303250 302895 303050 303251 303051 303460 302896 303053 303612 303462 302897 303461 302898 303054 303252 303613 303614 302899 302900 302902 303056 303254 303464 302901 303055 303253 303463 303615 303616 11 -Jul -2006 18-Jul-2006 01- Aug -2006 18 -JuI -2006 18-Jul-2006 18-Jul-2006 25 -JuI -2006 25 -JuI -2006 25 -JuI -2006 01- Aug -2006 11-Jul-2006 01- Aug -2006 25 -JuI -2006 04 -JuI -2006 25 -JuI -2006 18-Ju1 -2006 18-Jul-2006 18-Jul-2006 01- Aug -2006 25-JuI -2006 01- Aug -2006 04 -JuI -2006 11-Jul-2006 18-Jul-2006 01- Aug -2006 18 -JuI -2006 11-Jul-2006 04 -JuI -2006 25-Jul-2006 18 -JuI -2006 04-Jul-2006 11-Jul-2006 18 -JuI -2006 11-Jul-2006 25-Ju1 -2006 04- JuI -2006 11-Jul-2006 01- Aug -2006 25 -Jul -2006 04 -JuI -2006 25-Jul-2006 04 -JuI -2006 11-Jul-2006 18-Jul-2006 01- Aug -2006 01- Aug -2006 04- Jut -2006 04 -JuI -2006 04 -JuI -2006 11-Jul-2006 18 -JuI -2006 25-Ju1 -2006 04 -Jul -2006 11-Jul-2006 18-Jul-2006 25 -JuI -2006 01- Aug -2006 01- Aug -2006 AP5200 Page 13 MATERIALS MATERIALS MATERIALS ADMINISTRATIVE CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE MATERIALS REFUND EQUIPMENT MATERIALS REFUND LEASES AND RENTS REFUND MAINTENANCE AND REPAIRS CONSULTING SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS CONTRACT SERVICES ADMINISTRATIVE CONSULTING SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES MATERIALS EQUIPMENT MATERIALS MATERIALS MATERIALS MATERIALS GRANT MATERIALS REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND Amount 144.06 47.88 47.88 401,081.49 7,181.50 937.18 1,517,700.17 368,268.86 18,568.49 255.72 8,611.35 8,822.54 2,863.50 18.39 22,686.00 290.26 750.00 1,637.10 15.00 96.02 2,313.88 3,000.00 6,193.26 1,915.30 632.88 513.60 2,677.68 448.87 6,373.10 17.10 585.44 137.55 16,949.24 992.31 1,497.75 11,302.32 4,102.38 12,602.42 19,597.46 71.25 6,428.80 1,257.07 1,257.07 2,501.37 272.45 62,500.00 862.50 975.72 11.07 82.06 318.32 58.05 238.52 2,862.39 1,328.79 2,356.17 523.05 1,185.21 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WASTE MANAGEMENT WATSON,KENNETH G WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WHEELER,SUE WHEELER,SUE WHELAN,FAITH WINDJACK,JIM WINGER,TERRI WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WSIB WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES ZAMBONI COMPANY LTD Cheque No. Cheque Date Purpose 303255 18-Jul-2006 303465 25- Jut -2006 303617 01- Aug -2006 303466 25-Jul-2006 303058 11 -JuI -2006 303059 11-Jul-2006 303060 11-Jul-2006 303061 11-Jul-2006 303618 01- Aug -2006 303619 01- Aug -2006 303467 25-Jul-2006 303620 01- Aug -2006 303621 01 -Aug -2006 303062 11-Jul-2006 303256 1 8-JuI-2006 303468 25 -JuI -2006 303622 01- Aug -2006 302903 04 -JuI -2006 303063 11-Jul-2006 303064 1 1-JuI-2006 303469 25 -JuI -2006 303623 01- Aug -2006 303624 01- Aug -2006 303065 11-Jul-2006 303066 11-Ju1 -2006 303625 01- Aug -2006 303257 1 8-JuI-2006 302904 04 -JuI -2006 303258 18 -Jut -2006 303471 25 -JuI -2006 303626 01- Aug -2006 303259 18 -JuI -2006 303627 01- Aug -2006 303136 18 -Jul-2006 AP5200 Page 14 CONTRACT SERVICES REFUND MATERIALS MATERIALS REFUND ADMINISTRATIVE MATERIALS CONTRACT SERVICES ADMINISTRATIVE GRANT CONTRACT SERVICES CONTRACT SERVICES GRANT MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES REMITTANCE CONTRACT SERVICES REMITTANCE CONTRACT SERVICES MATERIALS GRANT MATERIALS Amount 24.70 10.00 883.18 6,099.60 21.46 116.89 162.73 1,100.00 65.00 31,666.68 7,533.89 20,649.36 2,083.33 30,702.09 1,752.98 1,644.98 35,461.45 6,906.00 218.87 689.78 33,477.11 12,244.30 539.19 146.01 223.76 286.15 27.23 6,432.02 7,825.86 1,556.51 20,157.61 745.95 5,181.83 2,643.24 Total: 10,717,174.09 The City of I Niagara Falls Canada Members: Corporate Services Department PD- 2006 -63 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario (905) 356 -7521 (905) 356 -2354 planning @niagarafalls.ca August 21, 2006 Re: PD- 2006 -63, Matters Arising from the Municipal Heritage Committee RECOMMENDATION: It is recommended that Council: Doug Darbyson Director 1) approve a Designated Property Grant for the maximum amount of $3,000 toward the cost of the restoration of the windows of the Oswald House, 2922 St. Paul Avenue, as outlined in this report; 2) pass a by -law to amend the designating by -law for the Battleground Hotel Museum at 6151 Lundy's Lane to add two elements to the Reasons for Designation; and 3) approve the restoration on the lattice work surrounding the front door of the Laura Secord House at 3800 Bridgewater Street. BACKGROUND: The Municipal Heritage Committee held its regular meeting on July 21, 2006. Two matters require Council's consideration. 1. Designated Property Grant 2922 St. Paul Avenue An application was received from the owners of the Oswald House for the restoration of the windows, shutters and doors for this designated property. Previously, the owners had applied for and received approval for a grant for the restoration of the iron fence and foundation on the property. Subsequently, the owners decided to delay that project and instead, apply for a grant to assist in the cost of restoration of the windows, shutters and doors. Working Together to Serve Our Community Clerks Finance Human Resources 'Information Systems Legal Planning Development August 21, 2006 2 PD- 2006 -63 As the following work was considered restoration and not routine maintenance, the Municipal Heritage Committee adopted the following motion: "THAT approval be given for the restoration of six sets of french doors, restoration of six sets of six over -six early Georgian windows, restoration of the front door and restoration of front sidelights. The cost for the restoration would total $11,800 plus GST, of which the maximum grant would be $3,000." 2. Amending the Designating By -law for the Battleground Hotel Museum A request was received from the Manager of Museums to have two elements added to the Reasons for Designation in the Designating By -law for the Battleground Hotel Museum. By adding these features to the designating by -law, it affords them added protection. The first feature to be added is the sponge painted walls located in the pantry located on the first floor. These three pantry walls have been painted similarly to the technique used today wherein a sponge is dipped in paint and dabbed on the wall, leaving a somewhat textured finish. This was a rare technique used during the time period of the Battleground Hotel. The second feature to be added is the cornice gutters on the house. Cornice gutters are usually made from solid timbers, hollowed out to form the gutter with crown or edge moulding along the length of the gutter. These types of gutters were found to exist in place at the second floor level of the house. It was very rare that these gutters remained on a portion of the house and were used to duplicate exactly what would have been original to other areas of the house where the gutter was rotted or missing. The procedure for adding these elements to the Reasons for Designation is done by giving notice to the owner of the proposed changes, providing a 30 -day period for any objections, and sending the amending by -law to Council for adoption. Once adopted, the by -law is registered on title to the property and this by -law is sent to the owner and the Ontario Heritage Trust. 3. Approval of the Restoration of Lattice Arbour 3800 Bridgewater Street The owner of the Laura Secord House located at 3800 Bridgewater Street met with the Municipal Heritage Committee to present plans for the restoration of the lattice arbour located around the front door of the property. The arbour is in need of restoration. As was seen in historical photographs provided by the owner, and from the City's historical files, the arbour was present around the front doors of the property at various times in the history of the house. The following motion was adopted by the Municipal Heritage Committee: "THAT a new lattice structure be permitted surrounding the front door of the Laura Secord House, conditional upon it being constructed of all lattice and that it be as close to what was seen in old photographs presented to the Municipal Heritage Committee." August 21, 2006 3 PD- 2006 -63 CONCLUSION: The Municipal Heritage Committee is seeking the concurrence of City Council on these matters. Prepare jl by: Pe.gy Boyle Assistant Planner Recommended by: Doug Darbyson Director of Planning Development A proved by: -(or T. Raven Executive irector of Corporate Services PB:tc Attach. S:\PDR\2006\PD2006 -63, Matters Arising from MHC.wpd Respectfully submitted: t S John MacDonald Chief Administrative Officer The City of I Niagara Falls Canada Corporate Services Department PD- 2006 -65 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: (905) 356 -7521 (905) 356 -2354 planning @niagarafalls.ca August 21, 2006 Re: PD- 2006 -65, Information Report Wind Energy Systems RECOMMENDATION: It is recommended that Council receive this report for information purposes only. BACKGROUND: The Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe both encourage the development of alternative energy generation and distribution to meet their conservation objectives for energy and air quality. As a lower tier government, municipalities should encourage this objective through their planning documents. Doug Darbyson Director Wainfleet and Port Colborne have both dealt with applications for wind farm developments in their municipalities. The Region is in the process of preparing draft policies regarding wind energy development in Niagara as a land use. Some preliminary interest has been expressed in Niagara Falls for individual commercial turbines. The purpose of this report is to introduce Council to wind energy systems as a future source of energy and land use within Niagara Falls and outline future policies for the City's Official Plan. Wind Energy Conversion Systems Wind energy conversion systems consist of a wind turbine, a tower with blades and associated control or conversion electronics. The systems are generally classified as `small wind' or `large wind'. Small wind systems are limited to one turbine per lot and generally provide energy to be consumed entirely on site. As such, these systems could be considered accessory structures. The Province allows property owners to feed excess generation from a wind turbine producing up to 500kW into the hydro electric grid during periods of high winds and low property consumption to apply a credit toward hydro costs. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 2 PD- 2006 -65 According to the Canadian Wind Energy Association, small wind turbines can vary in size from: `micro' or 'mini' 1 lm to 20m (35' to 65') in height with turbines producing up to 1kW; `small': 24m to 43m (80' to 140') in height with turbines producing 1kW to 30kW; `medium': 24m to 50m (80' to 164') in height with turbines producing 30kW to 300kW. Large wind systems can include multiple turbines on one lot (wind farm) and produce energy to be sold back into the energy grid. The commercial aspect of the sale of energy makes the large systems a land use issue. Large wind turbines generate in excess of 500kW of power and can be up to 150m (500') in height (Ontario Sustainable Energy Association). With the size of these structures, the costs and potential impacts on surrounding lands have to be more closely assessed. All systems producing more than 2MW of power require a full Environmental Assessment under the Environmental Assessment Act and are exempt from the provisions of the Planning Act. In order to provide some perspective of size, the large systems proposed in the Wainfleet Wind Farm are approximately 80m (265') in height and the wind tower on the Toronto waterfront is 94m (308'). Planning Comments Official Plan policies and zoning by -law regulations should be established so that the benefits of providing clean wind energy are not outweighed by negative visual, environmental or amenity impacts of the turbines or wind farms. The City's Official Plan makes reference to energy efficient site design and promotes the reduction of dependency on non renewable energy in all City -owned and operated facilities but currently does not reference alternative forms of energy such as wind energy. Through Official Plan Amendment #64 (adopted by Council in January 2006, pending approval) a new policy was added to Part 3, Section 6 indicating Council's support of the use of alternative or renewable energy, such as solar and wind, to support energy efficiency and improved air quality. The City's Zoning By -law does not specifically permit wind energy systems in any zone. Should a wind generating system be considered an accessory structure to a permitted use, it would be subject to the height provisions of the applicable zone. Wind energy policies in the City's planning documents would have regard to the specific topography, wind and development patterns of the Municipality and identify suitable setbacks from incompatible land uses. Due to the scale and size of large wind conversion systems, their siting may be limited to the agricultural area or large industrial sites, well set back from residential development and any other areas considered to be visually sensitive such as the Niagara Parkway, the Niagara Escarpment, tourist areas or major transportation corridors. Policies regarding small -scale conversion systems should identify areas where they maybe permitted subject to their height. The policies should also establish setbacks and procedures to minimize impacts on neighbouring lands and view sheds. Micro or mini systems may be considered accessory structures and therefore subject only to established zoning provisions. Interest in wind energy systems has been increasing among business operators and home builders as a result of increased promotion and advertising of conversion systems by wind energy suppliers. Municipal interest in the use of wind energy in City -owned buildings such as the community centre, August 21, 2006 3 PD- 2006 -65 administrative buildings or arenas to offset electrical costs has also been expressed. A rooftop wind energy system would conform with the Official Plan policies of supporting clean, renewable energy and, as an accessory structure to the main building, would be permitted subject to the maximum height provision of the Zoning By -law. For example, a rooftop wind energy system for the MacBain Community Centre may be permitted if it is within the 18m height limit for the property. Next Steps The following flowchart prepared by the Ontario Minister of Energy illustrates the Municipal Planning Approval process for Wind energy: Municipal Planning Approval Process Prepared by: d t G a mers u p po r t grid 1. irfamthe public Francesca Berardi Planner 2 Recommended by: G eneral policy supporting alternative energy, including wind power generation Land owner cons Wind resource assessment by developer Doug Darbyson Director of Planning Development Qlficiat Plan appoaval for a commercial wind turbine where needed FB:gd S:\PDR\2006\PD2006 -65, Info Report-Wind Energy Systems.wpd Cificiatilan Amendment Pik). statdloiy pubic meeting and pubic notice, including_ YZ.r ai+sta}.?.«" p Statutory public meetings i and pubic notice r y peccific andtecbracarc rra�for ranilting and locating wind turbines Zoning approval far a commercial wind turbine where needed E requirements under the Env. Staff is currently preparing a draft amendment to the Official Plan for wind energy conversion systems. The creation of these policies will have reference to Region's effort in creating wind energy development policies for the Regional Niagara Policy Plan. It is proposed that an Open House session be arranged and the policies be circulated to associated groups in the City. Subsequent to the consultation and any changes that may be included in the draft, policies will be brought back to Council for a public meeting under the provisions of the Planning Act. 6 T. Rave a Executive Director of Corporate Services Approved by: Respectfully submitted: John MacDonald Chief Administrative Officer Are Construction of a con merciat wind turbine Niagara Falls The City of Canada Members: RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department PD- 2006 -67 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca August 21, 2006 Re: PD- 2006 -67, Request for Removal of Part Lot Control Lot 102, Registered Plan 59M -129 7698/7700 Cortina Crescent Applicant: Joseph Gugliotta Doug Darbyson Director 1) Council approve the request and pass the by -law included in tonight's agenda to designate Lot 102, Registered Plan 59M -129, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds have been registered. In a letter dated June 15, 2006, the applicant's solicitor submitted a request to remove this property on the east side of Cortina Crescent from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject land is within the West Meadow plan of subdivision that was registered in 1987. The existing semi detached dwelling on the property was built approximately 11 years ago. Through the construction process, separate connections for water services, sanitary and storm sewer laterals were provided for each unit. The attached Reference Plan 59R -9167 (Schedule 2) shows the configuration of the lot and centreline of the common wall between the units. The land is appropriately zoned Residential Single Family and Two Family (R2) through Zoning By -law No. 79 -200 and the building setbacks satisfied the zoning provisions at the time of construction. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 2 PD- 2006 -67 Council previously passed By -law No. 93 -187 to remove this property from Part Lot Control which permitted each unit to be sold separately. However, the units subsequently legally merged in title when they were both transferred into the same ownership name The prior by -law remained in force for three years from the date of passage and has expired. Approval of the new Part Lot Control by- law is required so that a property line can be re- established between the dwelling units to allow the sale of one of the semi detached units to the applicant. All other lots containing semi detached dwellings on the street have received such approval over the years. CONCLUSION: The removal of Part Lot Control will permit the division of the land to allow separate ownership of each semi detached unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transaction described in this report has been completed. The by -law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: RW:gd Attach. dr Tony R da Executive Director of Corporate Services S :\PDR\2006\PD2006 -67, Part Lot Control, 7698 -7700 Cortina Cres.wpd Respectfully §ubmitted: 6 0 e John MacDonald Chief Administrative Officer J. R. Boyce R. L. Steele G. H. Enskat J. L. Jones R. E. Peters A. J. Larmand Retired* F. J. Matthews, Q.C. A. F. Sheppard, Q.C.* June 15, 2006 J. A. Sissons F. A. Fraser W. L. MacPherson N. H. Furmston D. M. Elliott G. W. Ip Mr. Rick Wilson Corporation of the City of Niagara Falls Planning Development Dep't City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: ODD MARTIN SHEPPARD FRASER LLP vv v BARRISTERS SOLICITORS J r Planning Sc File Downtown Professional Building 4701 St. Clair Avenue, 2 Floor P.O. Box 900, Niagara Falls, Ontario Canada L2E 6V7 Telephone: (905) 354 -1611 Toll -free: 1 -800 263 -2502 Facsimile: (905) 354 -5540 Re: Joseph Gugliotta 7698 Cortina Crescent, Niagara•Falls OUR FILE NO.: 260596 In January of this year our above -named client intended to purchase the semi- detached dwelling mentioned above "7698 This dwelling and No. 7700 Cortina Crescent "7700 are the two halves of a semi detached residential building. The vendors to our client were Joseph Anthony D'Addio and Mario D'Addio. The following are the facts: 1. By -law No 93 -187, a part lot controt exemption by -law under section 50(7) of the Planning Act (the "Act was registered on August 10, 1993 as No. LT94351 on the title to both halves. Section 2.provides "This by -law shall be repealed by Council three years following the date of its approval." The date of approval was August 5, 1993. 2. By -law 2002 -105 repealed, inter alia, by -law 93 -187 and was registered on August 22, 2003 as No. SN4823. Consequently part -lot control was re- imposed upon 7698 and 7700 as of that date. 3. On June 30, 1995, 7698 (PIN 64299 01 56) was transferred to Joseph Anthony D'Addio and Mario D'Addio by No. LT105221. 1 RECEIVEr JUN 16 20t6 PLANNING R• rl ‘IPLOPMEr MARTIN SHEPPARD FRASER LLP June 15, 2006: Page 2 4. On January 28, 2005, 7700 (PIN64299 01 57) was transferred to Joseph D'Addio and Mario D'Addio. It is clearly established that Joseph Anthony D'Addio and Joseph D'Addio mentioned herein refer to the same person. 5. In the result, as of January 28, 2005 title to the two halves of the structure had merged in the same individuals, thereby preventing the separate transfer of either half without contravening the Act, unless by one of the modes of compliance provided by section 50 of the Act. Neither half constitutes the whole of a lot on a registered plan of subdivision. 6. On January 3, 2006, by instrument No. SN105358, Joseph Anthony D'Addio and Mario D'Addio purported to transfer 7698 to Joseph Gugliotta. This transfer violated the Act and therefore no title passed to Mr. Gugliotta. We mention here that the Land Registrar does not police compliance with the Act; accordingly the entry and certification on the parcel register of this transfer had no effect except to create the need to reverse it. The simplest and most effective way to repair this very technical breach of the Act is as follows: A. Council can pass a by -law under section 50(7) of the Act removing part lot control from the lands covered by the two PINs mentioned in items 3 and 4 above. This by -law may be of limited duration; B. Immediately following registration of the new by -law our client will transfer 7698 back to his vendors; C. Immediately: thereafter the Vendors will re- transfer 7698 to our client; D. Council can then repeal the new by -law. We therefore respectfully request on behalf Of our client that Council enact a by -law under section 50(7) of the Act, that the by -law be approved in accordance with section 50(7.1) of the Act and that it be registered on title to the two PINs. To assist you we enclose the following: Copy of PIN 64299 0156, being 7698 Cortina Crescent Copy of PIN 64299 0157, being 7700 Crescent Copy of Plan 59R -9167 Copy of Plan 59R -1881 We also enclose our firm cheque payable to the City in the amount of $250 representing the processing fee. MARTIN SHEPPARD FRASER LLP Kindly let us know if anything further is required. Yours very truly, MARTIN Per: JRB: Encl. Copy to: J. R. Boyce boyce martinshep.com RD FRASER LLP 1 Canadian Title Mr. Joseph Gugliotta June 15, 2006: Page 3 Removal of Part Lot Control Lot 102, Registered Plan 59M -129 7698/7700 Cortina Crescent Subject Land VIA K: \GIS_Requests \2006 \Schedules \PLC\7698 7700 _COatinaCres\mappin9•m 8 p SCHEDULE 1 Location Map N Scale 1:NTS August 2006 t 1 i i \f} It 4P% CO Z tt a CO 1t b\ V6 q z co III .�0 kk z k ti- ƒ o k �z.' ;2 !\i\! 0;4f. LN3 S3 VNI80 e�� w_w te a 1 I 0 j. Niagara Falls r The City of Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: 1) Council approve the request and pass the by -law included in tonight's agenda to designate Lots 31, 32 and 35 to 48 (Inclusive), Registered Plan 59M -324, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds have been registered. BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax:. (905) 356 -2354 E -mail: planning @niagarafalls.ca August 21, 2006 Re: PD- 2006 -68, Request for Removal of Part Lot Control Lots 31, 32 and 35 to 48 (Inclusive), Registered Plan 59M -324 Brittany Court (Garner Estates Phase 4) Owner: Mountainview Homes Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development PD- 2006 -68 Doug Darbyson Director In a letter dated June 20, 2006, the applicant submitted a request to remove these properties on Brittany Court, west of St. Michael Avenue and north of McLeod Road, from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject lands are within the Garner Estates Phase 4 plan of subdivision that was registered in September 2004. Construction of semi detached dwellings on the street was initiated last year and separate connections for water services, sanitary and storm sewer laterals were provided for each unit. The attached Reference Plans 59R -13075 (Schedule 2) and 59R -13163 (Schedule 3) show the lot configurations, building foundations and centreline of the common wall between the units for dwellings constructed on two of the lots subject to this application. The land is appropriately zoned Residential Single Family and Two Family (R2) through Zoning By -law No. 79 -200 and the building setbacks shown on the survey plans satisfy the zoning provisions. Approval of a 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. August 21, 2006 2 PD- 2006 -68 In November 2005, Council approved a similar Part Lot Control exemption by -law for three other lots on Brittany Court. Additional semi detached dwellings are to be constructed on the vacant lots on the street in the future. Applying a Part Lot Control by -law to all of the semi detached lots as requested permits flexibility for the developer in dwelling construction and the scheduling of real estate closings. The building permit process will ensure compliance with all zoning requirements for each dwelling on the remaining 14 lots. A by -law time limit of four years should be appropriate to allow the completion of construction on the street. CONCLUSION: The removal of Part Lot Control will permit the division of the lots to allow separate ownership of each semi detached unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the lands as exempt from Part Lot Control is included in tonight's Council agenda. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by; -f Tony Ravenda Executive Director of Corporate Services RW:gd Attach. S:�PDR\2006\PD2006 -68, Part Lot Control, Mountainview Homes, Brittany Court.wpd Respectfully submitted: U John MacDonald U2 Chief Administrative Officer June 20, 2006 City of Niagara Falls Planning and Development P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Rick Wilson Re: Removal of Part Lot Control Brittany Court Garner Estates Phase 4 Please accept this statement of intent as our application to have Part Lot Control removed for the lands known as Lots 31, 32, 35 -48 of 59M -324. The semis which have been, and will be erected on the aforementioned lands will be in accordance with the applicable zoning, and it is our intent to deed these lands to individual purchasers at their respective times of closing. Further, we do hereby agree to submit copies of each registered reference plan dividing the semi lots when they happen to be registered. Please find enclosed herewith a cheque in the amount of $250.00 to meet the City's administrative costs. Should the City have any questions or concerns, please do not hesitate to contact the undersigned. Respectfully, MOUNTAINVIEW HOMES RECEIVED JUN 2 2 2006 PLANNING DEVELOPMENT 3350 Merrillville Highway. Unit #9. Thorold, ON L2V 4Y6 Tel: 905- 688 -3100 Fax: 905- 688 -5524 E -mail: homes ®mountainvlew.com www.mountainview.com Removal of Part Lot Control Lots 31, 32 and 35 to 48 (Inclusive), Registered Plan 59M -324 Brittany Court Subject Land K: \GLS Requests 2006 Schedules \PLC Brlttany_Crt,map Fr A SCHEDULE 1 Location Map Scale 1:NTS August 2006 SCHEDULE 2 0 w 1 U N tS� 6 re Z a O J M Ny, a eo 1 5 Z E Q o z LL N 0 M r 1 1 o wQ cc z N00 U Q N Yf z x 70(0! *90)9 W'/'d 18/70.2 ANVI.L189 92 h (0N18Y39 3,00,£0.N1 G m 3714393420 0 v P.I.N. 64264 0097 LOT 169, P.1.14 64264 0098 TOWNSHIP OF STANFORD E 0 E �Y o4 ate kg, px za SCHEDULE 3 Aar 1.92i9 000'04 °ri e to:v 3n 1611700 ANP:11k1B fLS'Z pl00.0.00N NV 005'9, Niagara Falls I The City of Canada Corporate Services Department PD- 2006 -70 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: August 21, 2006 Re: PD- 2006 -70, Sidewalk Cafe Licence Agreement with the City SWC- 01/2006, Country Chalet Restaurant 6526 Main Street Legal File No.: 2006 -148 Doug Darbyson Director That the City negotiate, enter into and execute a Sidewalk Cafe Licence Agreement with 337304 Ontario Limited to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of Country Chalet Restaurant located at 6526 Main Street. 337304 Ontario Limited has made application to the City for renewal of the sidewalk cafe licence agreement for a sidewalk cafe in front of Country Chalet Restaurant located at 6526 Main Street. The licensed area is approximately 71.86 square metres and is shown hatched on Schedule "1". Based on a rental rate of $25.0Q per square metre, established by Council in 1998, the annual licence fee will be $1,792.56 per annum, payable in advance. The term of the proposed licence is two years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. Either party may terminate this licence, at any time, upon 30 days written notice to the other party. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 with the City to be included as additional insured. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 In the event that in the City's sole opinion, the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or where the City requires the lands for its or another agency's purposes, the City may either terminate or modify the site area. Prepared by: \CA Anamika Dilwaria Planner 2 Recommended by: Karen I. Kelly City Solicitor and Doug Darbyson Director of Planning Development Approved by: f or T. Raven Executive Director of Corporate Services AD/KK: gd Attach. S:\PDR\2006\PD2006 -70, SWC- 01 -06, Country Chalet, 6526 Main St.wpd 2 PD- 2006 -70 Respectfully submitted: U John MacDonald U Chief Administrative Officer THIS AGREEMENT made this 8 day of May, 2006. BETWEEN: 337304 ONTARIO LIMITED Hereinafter called the "Licensee" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 6526 Main Street, and more particularly described in Schedule `B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1 to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence on June 1 2006 and shall terminate on October 31 2007, subject to its earlier termination. w Q w U v -2- 4. The Licensee shall pay a fee of One Thousand Seven Hundred Ninety -Six Dollars and Fifty Six Cents ($1,796.56) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1 s' day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules «B„ and "C". 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: (1 (2) Helias Enterprises Ltd. cfo Country Chalet Restaurant Niagara Falls, ON L2G 5Y5 Telephone: (905) 358 -9353 The City: -3- The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received -4- before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate or modify the site area, and the City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach of a direction or request by the City, its officers, and employees to comply with this licence agreement, including the restoration of the City lands after the licence has been terminated, the City may undertake to do anything that will remedy the default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee' s municipal taxes to be collected in a manner like municipal taxes. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto -5- so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. 337304 ONTARIO LIMITED Name: a (041 5 .1) f 15 4( O) Title: 5 t 1 C tt1 Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated May 8 2006 between 337304 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS -6- COUrin3Y CHAT ET. RES.14AURAN.l. PAOPOSFOPADO•OgrAOpL Tr Peter J..Leedow r e h I t -7- SCHEDULE "B" to an Agreement dated May 8 2006 between 337304 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS ALL and Singular that certain parcel or tract of land and premises, situate, lying and being in the City ofNiagara Falls, formerly the Township of Stamford, in the County of Welland, Province of Ontario and being composed of part of Range 12, east of and adjoining Portage Road according to City of the Falls Company Plan in the said Township of Stamford, which said parcel may be more particularly described by R. Blake Erwin, O.L.S. as follows: COMMENCING at an iron stake planted in the northerly limit of said Range 12, distant therein easterly 929.24 feet from the northwesterly angle of said Range 12, said point of commencement being also the intersection of the Northerly limit of said Range 12 with the Northeasterly limit of Portage Road; THENCE EASTERLY in the northerly limit of said Range 12, 170.0 feet to an iron stake; THENCE SOUTHERLY at right angles to the Northerly limit of said Range 12, 57.0 feet to an iron stake; THENCE WESTERLY parallel to the Northerly limit of said Range 12, 135.60 feet to an iron stake planted in the Northeasterly limit of Portage Road; THENCE NORTHWESTERLY in the Northeasterly limit of Portage Road, 66.60 feet to the point of commencement. Said lands above described being the lands shown bordered in red on the said Plan attached to Deed No. 48574. -8- SCHEDULE "C" to an Agreement dated May 8 2006 between 337304 ONTARIO LIMITED and mrnm nn TLTF (PTV ()F NTAGARA FALLS The City of Niagara Falls Canada SIDEWALK CAFE GUIDELINES Planning and Development Council Approval September 12, 1994 Revised March 2003 Introduction: Definitions: Sidewalk Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility with adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). Each application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City ofNiagara Falls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zoning By -law, the Ontario Building Code, the Fire Code and Site Plan Control. Outdoor Private Cafe means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe means that portion of municipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May 1 to October 31, both inclusive. FIGIIR1 i"1 ,OAP-A OAP A 40 1'Z 1 Zoning: 2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. Criteria: Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavy pedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT 066 MILS !unt 111 1 111111 11111111 mumeiiiiimeirmiumosimul \"1111111•111111111111111111111111 .'''11111111111iN 1 1111111111h r Placement The placement of a sidewalk cafe will abut the property where the relatedrestaurant use is located. Alternatively, the sidewalk cafe maybe placed within 0.9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abutting property/business, written consent of the affected property/business owner must be provided at the time of application. The sidewalk cafe may be located at the front or exterior side of a restaurant use. Design: 3 Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boxes /containers or similar barriers. Such barriers should be free standing, structurally sound and finely fabricated. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case shall this route be less than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movement area. Fixed or retractable awnings shall be permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application An application to establish a sidewalk cafe on any portion of municipal property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shall enter into an agreement with the Corporation of the City of Niagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agree to save harmless the City for any matter arising as a result of the sidewalk cafe and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing furniture, fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City of Niagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility of the operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter. The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures and fittings shall be removed from City property at the end of the season in accordance with the terms of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed during the period of 11:00 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by- laws of the City of Niagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB:tc S:\SIDEWALK \GENERAL \Guidelines.wpd The City of I Niagara Falls Canad Members: RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2006 -71 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario August 21, 2006 Re: PD- 2006 -71, Sidewalk Cafe Licence Agreement with the City SWC- 05/2006, HOCO Limited c.o.b. as Kelsey's Restaurant 4960 Clifton Hill Legal File No.: 2006 -256 Doug Darbyson Director That the City negotiate, enter into and execute a Sidewalk Cafe Licence Agreement with HOCO Limited c.o.b as Kelsey's Restaurant to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of Kelsey's Restaurant located at 4960 Clifton Hill. HOCO Limited has made application to the City for renewal of the sidewalk cafe licence agreement for a sidewalk cafe in front of Kelsey's Restaurant located at 4960 Clifton Hill. The licensed area is approximately 94.29 square metres and is shown hatched on Schedule "1 Based on a rental rate of $25.00 per square metre, established by Council in 1998, the annual licence fee will be $2,357.25 per annum, payable in advance. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. Either party may terminate this licence, at any time, upon 30 days written notice to the other party. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 with the City to be included as additional insured. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 21, 2006 In the event that in the City's sole opinion, the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or where the City requires the lands for its or another agency's purposes, the City may either terminate or modify the site area. Prepared by: Anamika Dilwaria Planner 2 Recommended by: o Karen I. Kelly City Solicitor and Doug Darbyson Director of Planning Development pproved by: KK:DD:gd Attach. 1 g T. Raven Executive Director of Corporate Services S:\PDR\2006\PD2006 -71, SWC- 05 -06, Kelsey's Restaurant, 4960 Clifton Hill.wpd 2 PD- 2006 -71 Respectfully submitted: e John MacDonald Chief Administrative Officer THIS AGREEMENT made this 11 day of July, 2006. BETWEEN: HOCO LIMITED c.o.b. as KELSEY'S RESTAURANT Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 4960 Clifton Hill, and more particularly described in Schedule `B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1" to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1", 2006 and shall terminate on October 3l', 2011, subject to its earlier termination. w 0 w U -2- 4. The Licensee shall pay a fee of Two Thousand Three Hundred Fifty -Seven Dollars and Twenty -Five Cents ($2,357.25) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all Loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. HOCO Limited c.o.b. as Kelsey's Restaurant 4960 Clifton Hill Niagara Falls, ON L2E 6S8 Telephone: (905) 357 -5911 The City: -3- 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A `B" and "C 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; -4- (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach, at the Licensee' s expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 -5- of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. HOCO LIMITED c.o.b. as KELSEY'S RESTAURANT Name: ►c,�c- c.�,1, Oat e Title: Wc.Q∎cf. Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDU SCHED m 2006 to an Agreement dated July 10 between STAURANT HQCO LIMITED c.o.b. asa KELSEY' RE FA LLS g CITY OF N1AGA� THE CORPORATION OP tit it 0 //7 -6- 1 R E S T C R E G N p E R E H ITECTURA S E A P E ENT. F O N I H I L L I O 1 l f 5 C R E 3 C g S2 9717 OS EP „"ONE 20 A9 AO 905 g 9 110NS INC. BE REPRODUCED. �esi 5 CREA PUBl1CAflON Vd I STEM FOR AN 710 rn 1- 0b 0 0 70 tn a 7c m 0 WROUGHT 0 lRON R )N,Wg `5 crospeO 7D 9 7t,VfE,FS7ANg ADDED, TREES 2B, EO.I0 AD EMAS1ER 1 000S7 SUES REVISIONS 1 -7- SCHEDULE "B" to an Agreement dated JULY 10 2006 between HOCO LIMITED c.o.b. as KELSEY'S RESTAURANT and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 16 and part of Lots 13, 14, 15, 17 and 18. Plan 291; Part of Range 24 and 25, east of Clark Avenue, Plan 1; Lot 100 and Block 12, southerly side of Clifton Hill, Plan 1002; designated as Parts 1 -11, Plan 59R -2892; in the City of Niagara Falls, in the Regional Municipality of Niagara. SCHEDULE "C" to an Agreement dated July 10 2006 between HOCO LIMITED c.o.b. as KELSEY'S RESTAURANT and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Cif' of Niagara Falls Canada SIDEWALK CAFE GUIDELINES -8- Planning and Development Council Approval September 12, 1994 Revised Mar '2003 Introduction: Sidewalk Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended to• serve as a general guide to those wishing to establish a sidewallc cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibilitywith adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the .Alcohol Gaming Commission of Ontario (AGCO). Each application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council ofthe Corporation of the City ofNiagara Falls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe al ll conform to any applicable provisions of the Zoning Bylaw, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: Outdoor Private Cafe means an outdoor area located entirely within the limits ofprivate property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property, Sidewalk Cafe means that portion ofmunicipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May 1 to October 3l, both inclusive. FUZIREl1 **At tOt as z `pia Zoning: 2 A sidewalk caf6 shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. Criteria: Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk caf6 is located on a sidewalk that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk caf6s shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 -PEDESTRIAN MOVEMENT All 11111 74-4,,IIIIIIIIMIlii 111iiiiimuintarirmoutoommor 1r' Starr■ massartrritathamiiiirrtrrrrrsm, Placement The placement of a sidewalk cafe will abut the property where the related restaurant use is located. Alternatively, the sidewalk caf6 maybe placed within 0.9 metres (3 feet) of the curb face parallel to the restaurant withwhich itis associated; in either case, the sidewalk caf6 must satisfy the City's pedestrian movement criteria. Where a sidewalk caf6 is to extend into the area in front of an abutting property/ business, written consent oftheaffectedproperty/businessownermustbeprovided at the time of application. The. sidewalk cafe may be located at ,the front or exterior side of a restaurant use. Design: 3 Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boiess/containers or similar barriers. Such bathers should be :free standing, structurally sound and i'inely fabricated. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case shall this route be loss than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person sh all be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movement area. Fixed or retractable awnings shall bepermittedonly where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals t Application An application to establish a sidewalk caf6 on any portion of municipal property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application sh211 be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk caf6 for continent prior to entering into an agreement. A.greement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shall enter into an agreement with the Corporation of the City ofNiagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner /operator 621l agree to save harmless the City for any matter arising= a result of the sidewalk cafe and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing fizmiture; fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees thAt1 be paid in accordance with. the City of Niagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility of the operator to secure anyneccssary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or simi1 r utility prior to establishing or operating an outdoor sidewalk caf6. Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and caf6 surface and the pick -up of litter. The operator of the outdoor sidewalk caf6 ssAll maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure -All furniture, fixtures and fittings AIM, beremoved from City property at the end of the season in accordance with the tonna of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are notinplace or by November 1, (whichever is fast) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk caf6 sbAllrcmain closed during the periodof 11:00 p.m. and 8:00 a.m. the following day. Taxes The operator shall bo responsible for payment of all realty and business taxes assessed against the sidewallc caf6. Other Regulations The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws ofthe City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality ofNiagara, Regional Health Department and Regional Police Force at all times. AB:tc smioav/Auczi tax nviiusaana.wpd The City of I Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that the contractor Capital Commercial Pipe Services be retained to perform the City of Niagara Falls 2006 Sanitary Sewer Lateral Rehabilitation of Cured -In -Place Pipe for the amount shown below and that council authorizes the Mayor and City Clerk to sign an agreement with Capital Commercial Pipe Services. BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: munwks ©city.niagarafalls.on.ca August 11, 2006 Re: MW- 2006 -96 Sanitary Sewer Lateral Rehabilitation Of Cured -In -Place Pipe Ed Dujlovic, P. Eng. Director MW-2006-96 The Tender Opening Committee, in the presence of the City Clerk, opened tenders on Wednesday, August 9, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by five (5) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the three (3) Contractors, together with the corrected bids. 1. Capital Commercial Pipe Service (Hamilton) $108,779.40 2. Pipe Flo Contracting Corp. (Hamilton) $122,950.00 3. Bob Robinson Son Construction (Port Robinson) $135,500.00 The lowest tender was received from Capital Commercial Pipe Services in the amount of $108,779.40. This Contractor has previously performed similar type projects for other municipalities in Ontario. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. In the 2006 Sewer Utility budget, $110,000.00 was allocated for a Sewer Lateral Rehabilitation program. This program will permanently repair sewer laterals that have root intrusions from city trees. These laterals Working Together to Serve Our Community Municipal Works Parks, Recreation Culture Business Development Buildings By -law August 11, 2006 -2 MW- 2006 -96 are problematic not only for the homeowner, but also for municipal staff. Staff is required to attend free of charge to remove roots from these laterals on an annual or semi annual basis. This year's Sanitary Sewer Lateral Rehabilitation program will address 30 homes. Once the cast in place liner is installed, these laterals will be considered permanently repaired and staff should not have to visit these locations again. This project will be funded by 2006 Sewer Utility budget GL #16- 3- 411000- 040000. Prepared by: Tom Mussari, Manager of Building Services Operations Coordinator Recommended by: Ed Dujlovic, P.Eng., Director of Municipal Works S:\REPORTS\2006 Reports\MW- 2006 -96. Lateral Lining.wpd Respectfully Su j pitted by: f m John MacDonald 11' Chief Administrative Officer Working Together to Serve Our Community Municipal Works Parks, Recreation Culture Business Development Buildings By -law CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 4 on Reference Plan 59R -13147 as a public highway, to be known as and to form part of Garner Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 169 Stamford, designated as Part 4 on Reference Plan 59R- 13147, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 4 on Reference Plan 59R -13147 that is hereby established as a public highway, be known as and form part of Garner Road. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006. August 21, 2006. August 21, 2006. A by -law to establish Kitchener Street Plan Stamford; Part Township Lot 126 Stamford; Part Lot B west side Temperance Street Plan 35 Stamford, all being Kitchener Street (formerly Clifton Avenue) lying between Portage Road and Stanley Avenue; as a public highway, to be known as and to form part of Kitchener Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Kitchener Street Plan Stamford; Part Township Lot 126 Stamford; Part Lot B west side Temperance Street Plan 35 Stamford, all being Kitchener Street (formerly Clifton Avenue) lying between Portage Road and Stanley Avenue; in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Kitchener Street Plan Stamford; Part Township Lot 126 Stamford; Part Lot B west side Temperance Street Plan 35 Stamford, all being Kitchener Street (formerly Clifton Avenue) lying between Portage Road and Stanley Avenue that is hereby established as a public highway, be known as and form part of Kitchener Street. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006. August 21, 2006. August 21, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with HOCO Limited c.o.b. as Kelsey's Restaurant, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Kelsey's Restaurant located at 4960 Clifton Hill. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated July 11, 2006 and made between HOCO Limited c.o.b. as Kelsey's Restaurant as Licensee and The Corporation of the City of Niagara Falls as City, respecting a Sidewalk Cafe Licence Agreement in front of 4960 Clifton Hill, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006. August 21, 2006. August 21, 2006. CITY OF NIAGARA FALLS By -law No. 2006 THIS AGREEMENT made this 11` day of July, 2006. BETWEEN: IIOCO LIMITED c.o.b. as KELSEY'S RESTAURANT Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 4960 Clifton Hill, and more particularly described in Schedule `B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1' to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1 2006 and shall terminate on October 31 2011, subject to its earlier termination. -2- 4. The Licensee shall pay a fee of Two Thousand Three Hundred Fifty -Seven Dollars and Twenty -Five Cents ($2,357.25) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. -3- 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A `B" and "C 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: HOCO Limited c.o.b. as Kelsey's Restaurant 4960 Clifton Hill Niagara Falls, ON L2E 6S8 Telephone: (905) 357 -5911 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; -4- (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 -5- of the Municipal Act, S.O. 2001 c.25 and any successor Legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. HOCO LIMITED c.o.b. as KELSEY'S RESTAURANT j Name: t-t. OA( Title: Qcc4e— Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk -k c} B ,m O n y rnZ T- x� rn 3 0 o yNC, i r Nl Zr m ot tl co S -6- SCHEDULE AIO`" 2006 to an Agreement dated July between S RES I A UgAr1T 1-1000 LIMITED C.O b. as KELSEY and FAL OF NIAGARA RATION THE CORPO THE CITY OF I IP, (.1) 73 i .0 1 0 .0 I 0 CY 73' �e ::.1 N,' G) R E S G �R�,TECTR 1 1 5 A PCREA 1.4 FONTHILL G S 7 1 LaS tE B at 973 E9p5 2 049g0` CREATION Z M4,stri FO AN E0, T O N S 13 m 1" 6) 0 o �zrn o o0 rn 70 III Z x co 2009 l:0',P4 \fiALLS GRANDE° To %SOUGHT 1RON RAILING, Ep3. 26, $03 TU pE R LOCUST CMPAGED TO REVISIOM$IISSUES -7- SCHEDULE "B" to an Agreement dated JULY 10` 2006 between HOCO LIMITED c.o.b. as KELSEY'S RESTAURANT and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 16 and part of Lots 13, 14, 15, 17 and 18. Plan 291; Part of Range 24 and 25, east of Clark Avenue, Plan 1; Lot 100 and Block 12, southerly side of Clifton Hill, Plan 1002; designated as Parts 1 -11, Plan 59R -2892; in the City of Niagara Falls, in the Regional Municipality of Niagara. -8- SCHEDULE "C" to an Agreement dated July 10 2006 between HOCO LIMITED c.o.b. as KELSEY'S RESTAURANT and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Cily of Niagara Falls Canada SIDEWALK CAFE GUIDELINES Planning and Development Council Approval September 12, 1994 Revised March2003 Introduction: Sidewalk Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended trr serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility with adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission. of Ontario (AGCO). Bach application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council ofthe Corporation of the City ofNiagara Palls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe 0A11 conform to any applicable provisions of the Zoning By-law, the Ontario Building Code, the Fire Code and Site Plan Control. Definftions: Outdoor Private Cafe means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on tho same property. Sidewalk Cafe means that portion. ofmunicipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May 1 to October 31, both inclusive. KOMI 14000:4= whe Lak 0.4 »..4 o w...,. Zoning: 2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -Iaw and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. Criteria: Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavypedcstrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT 4 fi W;. iig I iiiii 11X11 11� ai 4" 111011111111011111114: ill 1 11111111111111111' liMENKNOIMUMM iiiIIIKARRILINIPICS 101111111111111011111111111 1111111111112„3 r' s im.rw ie M.4111111111 Placement The placement of a sidewalk cafe will abut the property where the related'restaurant use is located. Alternatively, the sidewalk cafe may, be placed within 09 metres (3 feet) of the curb face parallel to the restaurant withwhich it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abutting prop erty/business, written consent ofthe affected property/business ownermustbeprovided at the time of application. The sidewalk cafe may be located at ,the front or exterior 'side of a restaurant use. 3 Design: Enclosure The outdoor sidewalk cafe xhs11 be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boxes/containers or similar barriers. Such barriers should bo'free standing, structurally sound and finely fabricated. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case shall this route be less than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to deternmine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, faxed awnings and enclosures, together with any support meahAnismA, chA11 not extend beyond the sidewalk cafe area or encroach into the pedestrian movementarea. Fixed or retractable awnings shall be permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application An application to establish a sidewalk caf6 on any portion of municipal property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shAfl enter into an agreement with the Corporation of the City ofNiagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner /operator chill agree to save harmless the City for anymatter arisingas aresult ofthe sidewalk caf6 and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator ph All be responsible for securing furniture, fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shill be paid in accordance with the City ofNiagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility ofthe operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure -All furniture, fixtures and fittings shRllbe removed from Cityproperty atthe end of the season in accordance with the terms of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November 1, (whichever is fast) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed during the period of 11:00 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by- laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB:to s NSmEWAIX\OENERAL10utdelina.wpd A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 337304 Ontario Limited, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Country Chalet Restaurant located at 6526 Main Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated May 8, 2006 and made between 337304 Ontario Limited as Licensee and The Corporation of the City of Niagara Falls as City, respecting a Sidewalk Cafe Licence Agreement in front of 6526 Main Street, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006. August 21, 2006. August 21, 2006. CITY OF NIAGARA FALLS By -law No. 2006 THIS AGREEMENT made this 8 day of May, 2006. BETWEEN: 337304 ONTARIO LIMITED Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 6526 Main Street, and more particularly described in Schedule `B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1S to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence on June 1$', 2006 and shall terminate on October 31", 2007, subject to its earlier termination. Or. w -J -2- 4. The Licensee shall pay a fee of One Thousand Seven Hundred Ninety -Six Dollars and Fifty Six Cents ($1,796.56) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and, property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not Less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A", "B" and "C'. 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: Helias Enterprises Ltd. c/o Country Chalet Restaurant Niagara Falls, ON L2G 5Y5 Telephone: (905) 358 -9353 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) (b) -3- in the case of personal delivery, on the date of delivery; and shall be in the case of e -mail or fax, on the date of transmission provided it is received -4- before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate or modify the site area, and the City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its Original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach of a direction or request by the City, its officers, and employees to comply with this licence agreement, including the restoration of the City lands after the licence has been terminated, the City may undertake to do anything that will remedy the default or breach, at the Licensee' s expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in a manner like municipal taxes. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto -5- so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. 337304 ONTARIO LIMITED Name: „(ooJ5 f /Z vTS4tC 0? Title: P 17 i 061 Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk -6- SCHEDULE "A" to an Agreement dated May 8' 2006 between 337304 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS -7- SCHEDULE "B" to an Agreement dated May 8 2006 between 337304 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS ALL and Singular that certain parcel or tract of land and premises, situate, lying and being in the City ofNiagara Falls, formerly the Township of Stamford, in the County of Welland, Province of Ontario and being composed of part of Range 12, east of and adjoining Portage Road according to City of the Falls Company Plan in the said Township of Stamford, which said parcel may be more particularly described by R. Blake Erwin, O.L.S. as follows: COMMENCING at an iron stake planted in the northerly limit of said Range 12, distant therein easterly 929.24 feet from the northwesterly angle of said Range 12, said point of commencement being also the intersection of the Northerly limit of said Range 12 with the Northeasterly limit of Portage Road; THENCE EASTERLY in the northerly limit of said Range 12, 170.0 feet to an iron stake; THENCE SOUTHERLY at right angles to the Northerly limit of said Range 12, 57.0 feet to an iron stake; THENCE WESTERLY parallel to the Northerly limit of said Range 12, 135.60 feet to an iron stake planted in the Northeasterly limit of Portage Road; THENCE NORTHWESTERLY in the Northeasterly limit of Portage Road, 66.60 feet to the point of commencement. Said lands above described being the lands shown bordered in red on the said Plan attached to Deed No. 48574. -8- SCHEDULE "C" to an Agreement dated May 8` 2006 between 337304 ONTARIO LIMITED and nc -rup CTTV OF NIAGARA FALLS The City of Niagara Falls Canada SIDEWALK CAFE GUIDELINES Planning and Development Council Approval September 12, 1994 Revised March 2003 Introduction: The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility with adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). Each application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City ofNiagara Falls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zoning By -law, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: Sidewalk Cafe Guidelines Outdoor Private Cafe means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe means that portion of municipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May to October 31, both inclusive. FO1:11 1 .1aAPA Lookv 1 Zoning: 2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. Criteria: Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavy pedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT fTP Nms k MEM eq ii BM 111111111111111.11. ,R."4 410 a1. Ia4 9 1§111111111 Ili imulinuman ■�16�rNN 11�� ,0111111 li '1 1111111111 El* Placement The placement of a sidewalk cafe will abut the property where the related restaurant use is located. Alternatively, the sidewalk cafe maybe placed within 0.9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abutting property/ business, written consent of the affected property/business owner mustbe provided at the time of application. The sidewalk cafe may be located at the front or exterior side of a restaurant use. Design: 3 Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boxes /containers or similar barriers. Such barriers should be free standing, structurally sound and finely fabricated. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. .Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case shall this route be less than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movement area. Fixed or retractable awnings shall be permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application An application to establish a sidewalk cafe on any portion ofmunicipal property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and /or operator shall enter into an agreement with the Corporation of the City of Niagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agree to save harmless the City for any matter arising as a result of the sidewalk cafe and its operation by way of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing furniture, fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City of Niagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility of the operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewallc cafe, Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter. The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end of the season in accordance with the terms of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours -The outdoor sidewalk cafe shall remain closed during the period of 11:00 p.m, and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by- laws of the City of Niagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB:tc S: \SIDEWALK \GENERAL\Guidelines.wpd CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "D1" and Schedule "D1" attached hereto shall be inserted in lieu thereof. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006. August 21, 2006. August 21, 2006. SCHEDULE "D1" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Andy Atuahene Geoff Bassett Steve Bourassa Richard Budd Shirley Clair Charles Coffman Sarah Convery Nick Galotta Eli Hoffmann Terry Loiselle David McLaughlin Travis Willick A by -law to amend By -law No. 79 -200, to permit a one family detached dwelling to be used as a tourist home. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R5A to R1C and numbered 755, the land on the southwest side of Main Street between Delaware Street and Symmes Street, being Part of Block 43, Plan 1, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R1C and numbered 755 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 7.3.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated R1C and numbered 755 on the plan Schedule 1 attached hereto, or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with the following regulation: (a) Minimum landscaped open space 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.755 Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006 August 21, 2006 August 21, 2006 CITY OF NIAGARA FALLS By -law No. 2006- 40% of the lot area None of the provisions of section 7.3.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the southwest side of Main Street between Delaware Street and Symmes Street, designated R1C and numbered 755 on Sheet C5. of Schedule "A or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By -law No. 2006- SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: Applicant: Assessment Amending Zoning By -law No. 79 -200 Part of Block 43, Plan 1, in the Former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Doddy Sardjito 272507000405000 N S 1:NTS AM- 18/2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By-laW No. 79 -200, to permit a one family detached dwelling and accessory buildings and structures on the land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet E6 of Schedule "A" to By -law No. 79 -200 is amended by numbering 757, the land on the southwest corner of Bridgewater Street and Dock Street, being Lot 30, Plan 251, in the former Village of Chippawa, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated GC and numbered 757 on the plan Schedule 1, attached to and forming part of this by -law 2. None of the provisions of sections 8.2.1 and 8.2.2 of By -law No. 79 -200, shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated GC and numbered 757 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon for the purpose of a one family detached dwelling and accessory buildings and structures, except in compliance with the following regulations: (a) Minimum lot area (b) Minimum front yard depth including any roofed over porches (c) Minimum rear yard depth (d) Minimum interior side yard width (e) Minimum exterior side yard width (f) Maximum lot coverage (g) Maximum height of a one family detached dwelling (h) Minimum floor area for a one family detached dwelling (i) Maximum number of dwellings on one lot the whole of the land designated GC and numbered 757 on the plan Schedule 1 attached hereto, save and except for any part that maybe required to be dedicated for the purpose of road widenings 3.5 metres 8.5 metres 1.8 metres 7.5 metres 40% 10 metres subject to section 4.7 of By- law No. 79 -200 80 square metres 1 only 19.1.757 Passed this twenty -first day of August, 2006. First Reading: Second Reading: Third Reading: August 21, 2006 August 21, 2006 August 21, 2006 -2- (j) Parking and access requirements in accordance with section 4.19.1 of By -law No. 79 -200 (k) Accessory buildings and accessory in accordance with sections 4.13 and structures and yards 4.14 of By -law No. 79 -200 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: None of the provisions of sections 8.2.1 and 8.2.2 of By -law No. 79 -200, shall apply to prevent the use of the land on the southwest corner of Bridgewater Street and Dock Street, designated GC and numbered 757 on Sheet E6 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of a one family detached dwelling and accessory buildings and structures, except in compliance with By -law No. 2006- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Amending Zoning By -law No. 79 -200 Description: Lot 30, Plan 251, in the former Village of Chippawa, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Kevin Paul Sullivan Assessment 272512000502700 N S 1:NTS AM- 22/2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to designate Lot 102, Registered Plan 59M -129, not be subject to part -lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part -lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the owner of the said land wishes to create a property line between the existing semi detached units on the said land in order to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lot 102, Registered Plan 59M -129, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for three months 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 twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006 August 21, 2006 August 21, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to designate Lots 31, 32 and 35 to 48 (inclusive), Registered Plan 59M -324, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part -lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the owner of the said land intends to construct semi detached dwellings on the said land in accordance with the zoning by -law approval for such use; AND WHEREAS the owner of the said land wishes to create property lines between the semi- detached units in order to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 31, 32 and 35 to 48 (inclusive), Registered Plan 59M -324, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for four 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 twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006 August 21, 2006 August 21, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 1 on Reference Plan 59R -13174 as a public highway, to be known as and to form part of McLeod Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Lot 170 Stamford, designated as Part 1 on Reference Plan 59R- 13174, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 1 on Reference Plan 59R -13174 that is hereby established as a public highway, be known as and form part of McLeod Road. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006. August 21, 2006. August 21, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to regulate a place of worship with ancillary uses. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 750 in part, and redesignating from R1 E to I and numbered 750 in part, the land at the northeast comer of Dorchester Road and High Street, being Part of Block A according to Plan 54, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated I and numbered 750 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31 and 4.13, clause (f) of section 4.14, clause (a) of section 4.19.1, section 9.1 and clauses (a), (b), (d), (e), (f), (i) and (j) of section 9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated I and numbered 750 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a place of worship and one accessory building, but not a hospice, an emergency shelter, a supervised residence, a soup kitchen or a private school, and except in compliance with the following regulations: (a) Regulations for the purpose of determining compliance with clauses (b) through to and including (i) of this section of this by -law and all other provisions of Zoning By -law No. 79 -200, notwithstanding land ownership, all the land described in section 1 of this by -law and shown hatched and designated I and numbered 750 on the plan Schedule 1 attached hereto, shall be considered one parcel (b) Minimum lot area the whole of the land shown hatched and designated I and numbered 750 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening (c) Minimum rear yard depth (e) Minimum exterior side yard 7 metres width 18 metres, save and except for one accessory building (d) Minimum interior side yard 3 metres, save and except for one accessory width building (f) Maximum number of persons that may be lawfully accommodated in the sanctuary portion of the building, not including an accessory building, on the land at any given time (g) Required number of parking spaces (h) Accessory building (i) Minimum landscaped open space 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.750 ,Notwithstanding the provisions of sections 2.31 and 4.13, clause (f) of section 4.14, clause (a) of section 4.19.1, section 9.1 and clauses (a), (b), (d), (e), (f), (i) and (j) of section 9.2 of By -law No. 79-200,110 person shall use the land on the northeast corner of Dorchester Road and High Street, designated I and numbered 750 on Sheet C4 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a place of worship and one accessory building, but not a hospice, an emergency shelter, a supervised residence, a soup kitchen or a private school, and except in compliance with By -law No. 2006- Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006 August 21, 2006 August 21, 2006 2 155 31 one (1) accessory building, with a maximum floor area of 24 square metres and a maximum building height of 3.5 metres shall be permitted to be erected in the rear yard provided minimum rear and interior side yard widths of 0.6 metres and an exterior side yard width of 30 metres are provided 35% of the lot area, which shall include a 4.5 metre wide strip along and between any surface parking area and High Street, save and except for one driveway entrance, and a 3.0 metre wide strip along and between any surface parking area located in the rear yard and the side and rear lot lines, save and except for an accessory building erected pursuant to subsection (f) of this section. SCHEDULE 1 TO BY -LAW No. 2006- Subject Land Description: Applicant: A Amending Zoning By -law No. 79 -200 Part of Block A according to Plan 54, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Niagara Orchard Church Assessment #s: 272506001402800 272506001404700 K: \GIS_ Requests\ 2006\ Schedules' oningAM\AM- 01 \mapping.map N 1:NTS AM- 01/2006 June 2006 CITY OF NIAGARA FALLS By-law No. 2006 A by -law to regulate the placement of election signs in the City of Niagara Falls. WHEREAS Section 11(1) of the Municipal Act, S.O. 2001 as amended, states that a municipality may pass by -laws respecting structure including fences and signs; AND WHEREAS Section 99(3) of the Municipal Act, S.O. 2001 as amended, provides that the municipality may enter land and remove signs at the expense of the owner of the sign if it is erected or displayed in contravention to this by -law; AND WHEREAS Section 99(1) of the Municipal Act, S.O. 2001 as amended, states that a municipality shall give notice of its intention to pass the by -law; AND WHEREAS Notice of the proposed by -law has been published in the local newspaper as per By -law No. 2003 -02, a by -law to establish procedures for the giving of notice. AND WHEREAS the Council of the City of Niagara Falls deems it to be in its interest and for reasons of public safety to enact a by -law to regulate the placement of election signs; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions "Election sign" shall mean any sign advertising or promoting a candidate in a federal, provincial or municipal election or by- election, with the exception of billboard signs. "Billboard" means an outdoor sign erected and maintained by a person, company, or business engaged in the sale or rental of the space on the sign to a clientele. The space on the sign advertises goods, products, services, or facilities not available on the property where the sign is located. 2. General 1) No person shall erect, install, use or permit the erection, installation or use of an election sign within the City of Niagara Falls forty -five (45) days immediately prior to Election Day. 1) Notwithstanding the above, election signs associated with a federal or provincial election shall not be erected or installed earlier than the official date of notice of the date of voting for any federal or provincial election, with the exception of signage at a single campaign headquarters per candidate. ii) Election signs associated with a municipal election shall not be erected or installed earlier than Nomination Day, as defined by the Municipal Elections Act, in a municipal election year, with the exception of signage at a single campaign headquarters per candidate. 2) Election signs shall not be placed on any municipal properties including but not limited to: I) City Hall ii) Any of the 6 City Fire Stations iii) All Municipal Parks iv) The MacBain Community Centre v) The City's Service Centre and yards on Stanley Avenue vi) All municipal road allowances including medians, traffic islands or centre boulevards 3) Election signs shall not be permitted on the property of an voting place (polling station) used for a municipal election or on the road allowances immediately adjacent to such a voting place. 4) Election signs shall not be placed/fixed to any building owned, leased or operated by the City of Niagara Falls, with the exception of lands used as, or in connection with, a residence. 5) Election signs shall not: I) be attached to trees; ii) have flashing lights or rotating parts; iii) be illuminated; or iv) simulate any traffic control device. 6) Election signs may be placed on private property, with the owner or occupant's permission, provided that the signs are; I) a minimum of three (3) metres away from the edge of a curb, the edge of a travelled road, or the shoulder of a highway; ii) not within one (1) metre of a sidewalk; 7) Candidates shall insure that all of their signs are removed no later than forty-eight (48) hours following the close of the Voting Places on Election Day. 8) Election signs may be removed and disposed of by any municipal staff person of the City of Niagara Falls or designate as appointed from time to time by the City Clerk, if it is determined that the location of the election sign is; First Reading: August 21, 2006. Second Reading: August 21, 2006. Third Reading: August 21, 2006. I) located on municipal property ii) erected earlier than the period(s) mentioned in section 1(2) of this by -law iii) impeding the necessary sight lines of motorists or pedestrians iv) hindering the municipality's snowplough operations v) hindering access to a private drive vi) located on the property of a voting place during the voting hours of a Municipal Election vii) remaining posted longer than 48 hours following the corresponding election 9) The cost of such removal and disposal shall be charged back to the owner of the signs at a charge of $50.00 per sign should the candidate wish to claim their sign(s). 10) Candidates shall be responsible for the compliance with signage by -laws and regulations of the City of Niagara Falls, Regional Municipality of Niagara and the Province of Ontario (including the Ministry of Transportation), as the case may be. 3. Notwithstanding the requirements of any other by -law, no sign permit is required for an election sign. 4. This By -law shall come into full force and effect immediately upon its passage. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the payment of $10,717,174.09 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 28, 2006 to August 1, 2006. Passed this twenty -first day of August 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006 August 21, 2006 August 21, 2006 CITY OF NIAGARA FALLS By-law No. 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21St day of August, 2006. 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 21' day of August, 2006 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -first day of August, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 21, 2006. August 21, 2006. August 21, 2006.