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2006/09/25/j /i /irr.✓ �h;r /i r /�ri'r.CS;%r %l%fs� %fi i iri i:� y� ii /1i%v j /i�i ///s 6Z /m%,/d,�/I;.ff/ 7 .,?u� s�i// yif/ COUNCIL MEETING Monday, September 25, 2006 Order of Business and Agenda Package PRAYER: Alderman Jim Diodati ADOPTION OF MINUTES: Council Minutes of September 11 2006 p 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 War of 1812 Bicentennial Task Force The Board of Museums would like to present the 1812 -2012 Task Force. The Task Force will be the official committee working on the Bicentennial of the War of 1812, it will be chaired by Gord West who is also the Museums chair. People for Progress Lester Ste. Croix would like to advise council of the upcoming event in the spring, on behalf g of the People for Progress. Arena Matters COUNCIL MEETING September 25, 2006 The following individuals have requested to speak at the September 25 2006 meeting. g Terry Masterson, Jr. B Canucks Cathy Slee, President, CUPE Local Laurie Primeau, Arena Steering Committee Member, Past President, Stamford Skatin g Club Mike Cushman Eric Gillespie, Cunningham Gillespie LLP Alex Dagg, National Director, UNITE HERE Canada Bernadette A. Secco Public Meeting Zoning By -law Amendment Application, AM- 27/2006 3780 Welland Avenue Applicant: 1314540 Ontario Inc. (Bruce Ward) Proposed Motor Sales Car Wash Facility Background Material: Recommendation Report: PD- 2006 -80 -AND- Correspondence from Urban Environmental Management Inc. Correspondence from the Region's Planning and Development Dept. -AND- PLANNING MATTERS Miscellaneous Planning Matters 1. Chief Administrative Officer PD- 2006 -82 Pedestrian Deck Agreement Marriott Fallsview Hotel Correspondence from Italia Gilberti, Broderick Partners Correspondence from Thomas Richardson, Sullivan Mahoney Memo from City Clerk Italia Gilberti, Broderick Partners and Thomas A. Richardson, Sullivan, Mahone y will speak to the matter. MAYOR'S REPORTS, ANNOUNCEMENT -3- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. District 60 Toastmasters request that the month of October be proclaimed in p med as "Toastmasters Month n the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Fire Prevention Week Fire Prevention Week will run from October 8 14 and its requested that October 14 be proclaimed as "Fire Service Recognition Day" in the City of Niagara Falls. g Y RECOMMENDATION: For the Approval of Council 3. Niagara Falls Public Library request that October 2006 be proclaimed as "Li in p "Library Month n the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. Community Support Services of Niagara request that October 2006 be proclaimed as "Community Support Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 5. Downtown Niagara Falls Board of Management request that City Council ratify q Y fy the appointment of Sal DiPietro as a new member to the board. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF "IN CAMERA" ACTIONS -AND- 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 -48 Municipal Performance Measures FS- 2006 -08 Fire Services Crest Change PD- 2006 -81 Sidewalk Cafe Licence Agreement with the City SWC-02/2006, The Wild Mushroom, 5633 Victoria Avenue. R- 2006 -28 Robert F. Keighan Park Development Change Order 1 NOTICE OF MOTION 1. That the commitment to the Downtown Revitalization be limited to $12 million for necessary improvements to the existing infrastructure; and That the $12 million be comprised in part by the $5.6 million from the sale of the Montrose Road property that Council has already approved for use for the revitalization. Background Material: Recommendation Report: CD- 2006 -14 Notice of Motion Please note: Aaron Lichtman, Historic Niagara has requested to speak to this matter. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -178 A by -law to establish part of a road allowance being Parts 1 and 2 on Reference Plan 59R -13193 as a public highway, to be known as and to form part of Fourth Avenue. 2006 -179 A by -law to establish Parts 2 and 3 on Reference Plan 59R -12689 as a p ublic highway, to be known as and to form part of Willowdell Road. 2006 -180 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Geoff Taylor c.o.b. as The Wild Mushroom and 471791 Ontario Inc. respecting the licencing of a sidewalk cafe over a portion of City sidewalk in front of The Wild Mushroom located at 5633 Victoria Avenue. 2006 -181 A by -law to amend By -law No. 89 -2000, being a by-law to regulate parking g p g and traffic on City Roads. Stop Signs at Intersections, Parkin g Prohibited, Standing Prohibited) 2006 -182 A by -law to authorize an agreement with the Corporation of the City of p Y Niagara Falls and George Gordon Wright Jr. and Shirley Anne Wright for an exchange /purchase of lands. 2006 -183 A by -law to amend By -law No. 2002 -081, being a by-law to appoint City pp y employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -184 A by -law to adopt, ratify and confirm the actions of City Council at its meeting Y g held on the 25 day of September, 2006. NEW BUSINESS Mayor Ted Salci and Members of Council City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 September 20, 2005. City of Niagara Falls Board of Museums 5810 Ferry Street Niagara Falls Ontario L2G 1S9 Tel: (905)358 -5082 Fax: (905)358 -0920 Your Worship Mayor Ted Salci and Members of Niagara Falls City Council, At the City Council meeting of September 25t 2006, the Board of Museums will be present to provide a short presentation regarding the formation of a sub committee of the Board to begin planning and preparation for City of Niagara Falls' celebrations of the Bicentennial of the War of 1812. This sub committee which is being called the 1812 -2012 Task Force includes members from our Board as well as a strong cross section of members from the community. We are seeking City Council's endorsement to designate this Task Force as the official organization in the City to plan, coordinate and implement our municipality's celebrations of the War of 1812 Bicentennial. We look forward to bringing this exciting Task Force to City Council and will be happy to answer any questions or concerns you may have. Sincerely, Gordon West Chairperson, Niagara Falls Board of Museums cc. Denyse Morrissey, Director, Parks, Recreation and Culture lr i:; u,. i iii? i% J!':;:: F•/.•: i:: Y:: is�Fi r' /.•i %f+i: /'Y.. /r.rSiYi r' rJrr .".••J /,w1 /•'.•.'::'r'•l' rr'. ...r: /f� yff r/t�/rr//xt: wai�iry�;;irx!..fxffr %i iitifi ics, !r ;,:;r:::::: r..:ir:;: r.,:,:,;- .r: r:.:::•:r.: u rr: rr: r..:....: ..:/r.,::.r�f.,. ,irr,,::.r f. ?.r..; .:r•�, .f;-. :....r. g r rrr...... i/ r' r/. r:::. h ri.?./.. Fr :r:rr:..r..:f•. %'f +f +.';rr...: {J/i't;:''. .h Fr r....... /riY '.::•i,':i.:: •fiif.'/. ?I,. R:!:r� /i:;?:rffil if.Y /f. {.i :.:.;•!%i• r •r s .r Teresa Fabbro Re September Council Meetin rrriv.:!rr:;ir!.rrr..r;•rv.;: rr irr:r r; i:?; a• i• r:? +:r.••r. f r•: r�yri »•o•r:•:.r: •r: :r::::. :.........r:r mri.,. r., r.:rr:..::.vn f..... .r:: r::r i •::::r ::.::..:r::..,. :rr:r,.r::; .rrv;; ?:rw•: rY if +•r' "l +.•i:•rl ;rf ri' r I... f......r. .....:f r...... r.. +f.. r. +:rN r: r. r.!vN.ri }'F.! +iii: ?:Jlr ?rfi•r:.f r:;:rf +•rYl.Ui •:Jr r F'a9e/1 !'.Ifn'r.+ :•r:!r iii:.i� From: Dean Iorfida To: Kathy Powell Date: 8/25/2006 1:11:33 PM Subject: Re: September Council Meeting Shouldn't be a problem, Kathy. Dean Kathy Powell 8/25/2006 11:08 AM Hi Dean, The Board of Museums would like to make a short deputation at the September 25th? council meeting to present the 1812 -2012 Task Force. Can we fit into the agenda for the evening? We would like to be able to do it in September as we will be having a public workshop the first week in October and we would like to be sure that Council is up to date on what we are doing and endorses the Task Force as the official A committee working on the bicentennial of the War of 1812. As it stands currently the Task Force is a sub committee of the Board of Museums (with members of the public and local stakeholder groups), and is chaired by our Board Chair Gord West. He would be making the presentation to Council. Let me know if this will be possible and if you need an official request from the Task Force. Thanks Kathy CC: Teresa Fabbro Awoke 6blYllitiY, f ,e /%y!y/29ygel.os07,0,4ori•/.d. 4049/ iYylJ Yemos! i/ y,( ry4, 40,00iiyyib!!yY/!!! /y/Yll.6f. Aid! %%�Ylil. /iidiYi' i�% yiliiX•% y!% iiiirymyl.</ iYryls�XU�� /HiyYU�yyi;,yyYyyyJY.Yl.+yfx 7, yy UlylyryY/ 4%' i% Yy.! Jli,Jii: /i.YiYyi,r.'!3%U�h�liii Y/ lyiiY�iYr� /Y;91.%/!,C/ /.•i "GC% i v- Teresa Fabbro Fwd Re Sept I 11 2006 Y. (ryyf 1 �.l.!ur. +!t:W>.'/,V.' +Y. ri nor ri. I r, lr i/ rN iI r.r r :U Y 4Y' •l i! h% J !.N r! rJ. +lf /'i !/i ry .r J i' -0' rlb� I!!r /r W� /rrvN e y/ J" r /lrrlJ %/r .ilf .y Pa `rte 1 From: To: Date: Subject: Put in for the 25th. Thanks Dean <Lester.J.Ste- Croix @clarica.com> 8/31/2006 1:09 PM No Problem Dean, Put us down for the 25th Regards, Lester Ste.Croix, Hon. BA 905 -374 -9494 Bus. 1- 877- 374 -9494 Toll Free tester. j.ste- croixa.clarica.com www.clarica.com/lester.j.ste-croix Lester: Can we delay this presentation until September 25th's meeting? CaII me and we can discuss this further. Thanks Dean "Dean lorfida" To: Lester J.Ste- Croixaclarica.com> <diorfida@niagarafalls.ca> cc: 31/08/2006 10:25 AM Subject: Re: Sept 11 2006 Lester .J.Ste- Croix 7/4/2006 12:43 PM Please put "People for Progress" on the agenda. We would like to talk to council about our up coming event in the Spring. Kind Regards, Lester Ste.Croix, H.BA Dean lorfida Teresa Fabbro 8/31/2006 1:55:15 PM Fwd: Re: Sept 11 2006 This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, proprietary confidential and exempt from September 7, 2006 To: Mayor Ted Salci Council Members The Niagara Falls Jr. B Canucks will be starting their 35t season on September 15 2006. As we look ahead to the future we would like to secure our position as the main tenant in the new 3000 seat city owned arena. We are very pleased with the relationship we have maintained with the City of Niagara Falls over the years and we look forward to continuing our relationship. We pride ourselves on being part of the community and representing the City of Niagara Falls. We are requesting a meeting to discuss our future plans, as well as securing a long term deal in the new city owned arena. We believe our present deal has been beneficial to both parties and we would like to continue this way. I can be contacted at 905 354 3789 or reply to this email to set up an appointment. Thanks ffei .Maistemon P Canadian Union of Public Employees on the front line Au coeur de faction Local 133 LOCAL SECTION LOCALE Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Dean: PRESIDENT PRESIDENT(E) RECORDING SECRETARY SECRETAIRE- ARCHIVISTE :r. /cs cc: M. Matthews, National Rep Cathy Slee Antoinette MacWhirter September 11t 2006 Subject: New Arena Proposal Syndicat canadien de la fonction publique Further to your notification that a proposal will be made on September 1 lt 2006 in the Council Chambers at 6:00 pm by JDS and that this was strictly for presentation only and that no discussion would take place. CUPE Local 133 is requesting that they be given an opportunity to speak on this matter further to any decisions being made by Council. Based on the information provided to us, there are parties involved in the presentation by CUPE that would have to attend from out of town. Therefore, we are requesting sufficient notice prior to the meeting whereas a decision or discussion will take place regarding this matter. This of course will enable the Union to have the parties present for such presentation. Yours truly, Cathy Slee President CUPE Local 133 R01 From: "Laurie Primeau" <pprimeau4 @cogeco.ca> To: tsalci @city.niagarafalls.on.ca wcampbell a► city.niagarafalls.on.ca jdiodati @city.niagarafalls.on.ca iaonnoni @city.niagarafalls.on.ca vkerrio @city.niagarafalls.on.ca joycemorocco @city.niagarafalls.on.ca vpietran @city.niagarafalls.on.ca selina @city.niagarafalls.on.ca jwing @city.niagarafalls.on.ca diorfida @city.niagarafalls.on.ca> Date: 9/12/2006 7:01:26 PM Subject: Fw: ARENA Original Message From: Laurie Primeau To: tsalci @city.niagarafalls.on.ca wcampbell @city.niagarafalls.on.ca jdiodati @city.nia g arafalls.on.ca iaonnoni @city.niagarafalls.on.ca vkerrio©city.niagarafalls.on.ca joycemorocco @city.niagarafalls.on.ca vpietran @city.niagarafalls.on.ca selina @city.niagarafalls.on.ca jwing @city.niagarafalls.on.ca diorfida @city.niagarafalls.on.ca Cc: Denyse Morrissey Sent: Tuesday, September 12, 2006 6:53 PM Subject: ARENA Dear Members of Council: I am writing to you to voice my opinion regarding the Arena Complex after hearing the presentation of JDS group at council last night. I will premise this with the fact that last night was my first "quick" viewing of the plans offered by this group and the first time I have heard their pitch. I would also say that I am a huge hockey fan as are many of the residents of Niagara Falls. 1 would like to point out that at previous council meetings that I have attended regarding the arena project, as well as our steering committee meetings, there has always been an effort to emphasize the difference between the community arena project and the larger spectator facility that could house an OHL team and also play host to trade shows, concerts and other events that were not disclosed at the meeting last night. I believe that that distinction was totally blurred at last nights meeting by the presentation scope or lack of it and also by the hype surrounding Don Cherry's appearance. I have a few points that I would like to remind council that have already been discussed at previous meetings and also a few points that 1 am sure you are already considering: 1. Council, I believe, has approved the 3000 seats not 2001. The Recreation Committee, of which I am a part of for the arena fundraising, have fundraised approximately $700,000.00 towards the community arena and the extra 999 seats to make it a similar size as NF Memorial is now. 2. The city, to my knowledge, has contracted an Architect. I know that we went through the qualification of Architects and chose BBA who have been retained by the City to design our Community Arena. They are aware of the parameters and dollar value and have a draft design of the project within those parameters. 3. Timing is of the essence!!!! We were expecting to have the community arenas open for Sept 1, 2008 and these delays will at some very near point effect that opening date which in turn will delay the decommissioning of Niagara Falls Memorial. 4. There has been considerable time and effort already expended by the city staff and taxpayers with the community arena project to reach the stage we are at will that just chalked up to a necessary expense to the taxpayers? 5. The steering committee discussed the pro's and con's of a design build and through our process found that this was not in the best interest of the city nor the user groups practically or financially. The city would have to define its relationship with this group as far as how much more money the city needs to put in (which I am sure is much higher than the 18 million allocated for the community arena project) and then will have to decide if it is financially viable for the user groups to have access to this large arena complex. The JDS group made several references to Copps Coliseum and the Hershey Centre. The cost of ice at Copps is $477.00 per hour (Monday to Thursday) and $583.00 per hour (Friday to Sunday) with a slight break on multiple hour purchases. The cost at the Hershey Centre for the OHL rink is $315.00 per hour and the three smaller rinks are $231.80 per hour. This represents at minimum doubling ice costs up to as much as five times the ice costs as the user groups are paying now. I do not know of any user group (perhaps maybe the hourly guys) that could survive such an increase in ice costs. This may or may not be the case but in this partnership I am sure they will be looking to recoup their investment of $6 million dollars to purchase the team and the supposed $15 million they are putting into their arena. 6. Also after briefly looking at the drawings, the main arena is built for the OHL team. There are no visible amenities for the user groups in either the big rink or the small rinks. There are just 12 dressing rooms for the small rinks and an entry way which would be similar to the entry way to Stamford or Chippawa. The user groups that would be moving to the new facility include Niagara Falls Girls Hockey, Ringette, Recreational Minor Hockey, Niagara Falls Jr. B team and I believe the Stamford Skating Club. These groups besides the JR. B's were not mentioned by JDS and I did not see any indication of storage areas, meeting rooms, warmup room etc. that the user groups had indicated they needed. They did make mention of the Jr. B's and that they would be better off with the A's than they are now and I believe that the decision can only be made by Terry Masterson. It is my understanding that neither Terry or any of the other user groups have been included in the process that JDS has embarked on. It seems NF Minor Hockey has been approached for an offer of some financial gain but I am sure that if the ice costs are dramatically effected by this private partnership their membership will effected as well. 7. 1 am sure there are a multitude of financial and property issues that I would assume would be discussed in a private meeting regarding JDS's viability to come up with the money required as well as the issue of the property. Is Mr. Dicienzo OK with having this group come in and take over the big rink when it was donated for a community arena and is the extra 5 acres of land required available from Ontario Hydro? The original footprint of the site will be changed dramatically and what will happen if they cannot get the additional acreage needed? There is no doubt that a Jr. A hockey club is a nice high profile addition to any community but at what costs? No one is more supportive or proud when any athlete achieves success at their given sport than 1. We are a proud city and I believe that the user groups work endlessly to provide the opportunities for all our children to succeed at whatever level they desire whether it be for fun, fitness or achievement but we have to be able to provide it at a reasonable rate or we will lose them to the surrounding centres that are providing the same activities at a cheaper rate and that would be the ultimate shame, for parents to have to take their children to another city in order to participate in sports. When we think of quality of life issues that attract people to our city and hopefully will keep them here....we think of family and what the community offers for our children as well as adults. Hockey for sure is a huge part of all our lives....our children love to play it and we all love to watch it. Please remember the affordability factor of the decision that you make and that no matter what, our kids will always aspire to the OHL and NHL whether we have a Jr. A team or not. But what we do need is a new facility to replace Memorial and the extra ice pad for the user groups. Please consider all that has been done so far towards this community project and remember the user groups, as your decision will effect the rates across the board and will certainly impact their ability to provide programs for the youth of our community. Respectfully yours, Laurie Primeau Arena Steering Committee Member Teresa Fabbro Fwd: Re: Deputation Request Page From: Dean lorfida To: Teresa Fabbro Date: 9/19/2006 9:02:25 AM Subject: Fwd: Re: Deputation Request Dean lorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) Another one. Dean lorfida 9/19/2006 9:01:58 AM Mike: Thank you for your e -mail. I've been away for the office for a few days. You will be scheduled for the meeting of September 25th. Deputations are 10 minutes maximum. The meeting is scheduled to commence at 7:00 p.m. Sincerely, "Mike Cushman" <cushermana,msn.com> 9/1 3/2006 12:12:23 PM Dean lorfida City Clerk City of Niagara Falls To Dean lorfida, I would like to make a presentation to Niagara Falls city council at the next meeting on September 25th. My presentation is regarding the OHL team proposal made by Don Cherry and Ernest Coetzee on the 11th of September, and their plan to build an arena on the Cyanamid lands on Fourth Ave. As a life -long resident of Niagara Falls, I know how much we need a new arena. I am a hockey fan, and I'm excited about the plan to bring an OHL team to the City. I support the group JDS's plan to bring a team to Niagara, but I have some comments I would like to make concerning some aspects of the proposal. I would like the opportunity to publicly address city council to voice my concerns. Mike Cushman Niagara Falls Teresa Fabbro Re: Delegation to City Council September 25, 2006 From: Dean lorfida To: Eric Gillespie Date: 9/19/2006 8:59:01 AM Subject: Re: Delegation to City Council September 25, 2006 Mr. Gillespie: Thank you for your e-mail. I've been away for the office for a few days. You will be scheduled for the meeting of September 25th. Deputations are 10 minutes maximum. The meeting is scheduled to commence at 7:00 p.m. Sincerely, Dean lorfida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905 -356 -9083 (Fax) "Eric Gillespie" <ekg @cunningham- gillespie.com> 9/13/2006 11:50:06 AM Dear Sir, I am the co -owner of property located at 6997 Briarwood Ave., Niagara Falls Ontario. I am also a lawyer and involved in a number of issues concerning Brownfield sites in the Niagara Peninsula and elsewhere. I wish to have my name added as a delegate to appear before Niagara Falls City Council on September 25, 2006 to speak to the matter of the proposed municipal arena complex and OHL franchise involving JDS Delcor currently being considered for the former American Cyanamid /Cytec lands on Stanley Avenue in Niagara Falls. Should you wish to contact me I can be reached via e-mail or by telephone at our offices, 1- 416- 703 -6362. Eric Gillespie Cunningham Gillespie LLP CC: Teresa Fabbro a eresa Fabbro Re: Request for Deputation September 25th Council Meeting Page 1 From: Dean lorfida To: Alex Dagg Date: 9/19/2006 8:57:18 AM Subject: Re: Request for Deputation September 25th Council Meeting Ms. Dagg: Thank you for your e -mail. I've been away for the office for a few days. You will be scheduled for the meeting of September 25th. Deputations are 10 minutes maximum. The meeting is scheduled to commence at 7:00 p.m. Sincerely, Dean lorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Alex Dagg" <adagg @unitehere.ca> 9/13/2006 2:58:50 PM Dean lorfida City Clerk Corporation of the City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON, L2E 6X5 Phone: 905 356 -7521 ext. 4271 E -mail: diorfida @niagarafalls.ca Wednesday, September 13, 2006 To Dean lorfida: I am writing to request to make a deputation at the Niagara Falls City Council meeting Monday night, September 25th, 2006. I am National Co- Director of UNITE HERE Canada, a labour union that represents 20,000 workers across Ontario and 700 workers in the Niagara area. On the behalf of those workers and their families, I would like to address Council in response to a presentation made by the investment group JDS Delcor (on Monday, September 11, 2006) regarding a proposal to Teresa Fabbro Re: Request for Deputation September 25th Council Meeting build an arena on the so- called 'Cytec land.' Thank you for your time, Alex Dagg National Co- Director UNITE HERE Canada 460 Richmond St. West, 2nd Floor Toronto, ON M5V 1Y1 Telephone: 416 -510 -0887 ext.233 CC: Marc HoIlin; Teresa Fabbro Page 2 From: "Bernadette" bernadette @niagaravintners.com> To: <diorfida @niagarafalls.ca> Date: 9/21/2006 9:07:35 AM Subject: addressing council on Sept 25th Hello Dean: Please consider this my request to address council at the September 25th Planning Meeting on the following issues: 1. downtown revitalization 2. new arena complex 3. proposed expansion of Marriot within air rights at Falls View I am unable to be more specific without knowing the actual agenda and reviewing the relevant documentation. I can only be reached by email, which I check at noon and 3PM. Thank you, Bernadette A. Secco The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit a self storage facility to be established on the property as detailed in this report. BACKGROUND: Circulation Comments 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 September 25, 2006 Re: PD 2006 80, Zoning By -law Amendment Application AM- 27/2006, 3780 Welland Street Applicant: 1314540 Ontario Inc. (Bruce Ward) Proposed Motor Sales Car Wash Facility PD- 2006 -80 Doug Darbyson Director The applicant has requested an amendment to Zoning By -law No. 79 -200 for a parcel of land known as 3780 Welland Street, as shown on Schedule 1. The amendment is requested to add a self-storage facility (mini storage) as a use. Three new storage buildings are to be developed on the portion of the property zoned General Commercial (GC) as shown on Schedule 2. The property is zoned General Commercial (GC), in part, and Residential Single Family 1C Density (Ri C), in part. Site specific provisions are requested to be added to the General Commercial (GC) zoning to allow the use and to allow the minimum interior side yard setback to be reduced from 3.0 metres to 1.05 metres. Site Description and Surrounding Land Uses The site is occupied by an existing car wash and a used car lot. The site fronts on Welland Street. The land to the north is used for commercial and storage purposes. To the west of the site is Sacred Heart School and single family residences. To the east of the site is a hydro corridor, and to the south of the site are single family residences. Regional Municipality of Niagara There are no concerns with this Zoning By -law amendment application from a Regional or Provincial planning perspective. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 25, 2006 2 PD- 2006 -80 Municipal Works Has no objection to the proposed development. However, the proposed development should be subject to site plan approval. Traffic Parking Services Has no objection to the proposed development. Building By -law Services The proposed development will be subject to site plan approval and the building permit process. Parks, Recreation Culture Landscape comments for this property will be reviewed at the site plan stage. Planning Review A number of matters were considered during the assessment of the application. Based on this analysis, the requested amendment can be recommended. The relevant details are summarized below. 1. History Approximately 15 years ago, Council adopted OPA No. 190 to change the designation of the subject lands from Commercial to Residential and introduced site specific policies for a residential development up to a density of 75 units per hectare. Council also approved a Zoning By -law amendment application (AM- 33/91) to allow the construction of a 48 -unit apartment building. However, the amending by -law was never passed and the project did not proceed. The current GC zoning remains in place. 2. The proposal complies with the intent and the purpose of the Official Plan. Although the future use of the land is intended to be residential, the lands have been used for commercial purposes for many years. A measure of stability and compatibility between the commercial and surrounding land uses has evolved. The Official Plan contains policies for non complying uses. These policies allow land to be zoned in accordance with the present use or a limited range of similar uses and performance standards, subject to certain criteria. The proposal satisfies these criteria as noted below: The proposed use is similar to the uses currently allowed on the site and would be compatible with the uses surrounding it. The use would not constitute a danger to surrounding uses and persons by virtue of being a hazardous use and generating extensive traffic. The property has ready access, via Dock Street, to Main Street which is an arterial road. As such, vehicular disturbances to the surrounding residential area should be minimal. September 25, 2006 3 PD- 2006 -80 3. The requested Zoning By -law amendment is appropriate. The amendment only affects the northerly portion of the site zoned GC. With the exception of the request to reduce the interior side yard setback, the development standards of the site will remain unaffected. The request to reduce the minimum interior side yard setback from 3.0 metres to 1.05 metres is acceptable because a closed board fence exists along the east property line which provides sufficient screening of the use. The hydro corridor provides an open area between the fence and the residential land use to the east. In addition, the storage units are oriented internally to the site, away from the abutting property. A grassed berm exists along the south property line. 4. Site Plan Control is applicable. The southerly portion of the property is zoned Residential Single Family (R1C) but is presently used for storage of used vehicles. The vehicles currently stored in this location will have to be relocated to the portion of the site zoned GC in order to comply with the zoning. The portion of the site zoned R1C should be landscaped with grass. A site plan agreement is currently in effect on the subject land. The proposed development of a self storage facility will require an amendment to the existing site plan agreement. There are minor site plan compliance issues regarding drainage on site. However, the City is holding a letter of credit for $5,000.00 as security to ensure the works are completed. A number of matters need to be coordinated through site plan control. These are as follows: adequate landscaping to reduce any adverse effect to the neighbourhood; provision of proper circulation on -site to ensure traffic enters and exits the site in an organized manner; and proper drainage and parking lot surfacing to enhance the appearance of the site. CONCLUSION: Based on the foregoing, the requested amendment to the Zoning By -law can be supported. The amendment is within the intent and purpose of the Official Plan. Site plan control shall be used to ensure that the site is maintained in a form compatible with surrounding neighbouring uses. Prepared by: Approved by: Anamika Dilwaria T. Ravenda Planner 2 Executive Director of Corporate Services Recommended by: oug Darbyson D irector of Planning Development AD:gd Attach. S:\PDR\2006\PD2006 -80, AM -27 -2006, Bruce Ward, 3780 Welland St.wpd Respectfully submitted: 1 ohn MacDonald Chief Administrative Administrative Officer Subject Land x.x...x 01: X. H:fA` isyR xl Location: Applicant: Amending Zoning By -law No. 79 -200 3780 Welland St Bruce Ward SCHEDULE 1 LOCATION MAP Scale: 1:NTS AM- 27/2006 9/15/2006 3:12:39 PM ti 133815 ONV111% ma a F v y _Z OZ E Z 2t CC d.j OO hd et 0 c 1� a r W 0 d. 0 ac d 902-90 ON 'ro8d D 8 a a H Teresa Fabbro 3780 Welland Street ZBA t J/e 7W.fl iY1J /.Y.YY. f.Y /.:f '/.Y' Y till /r R rf%; RIM WMAMMO ii�s�� EMNPAN MIPS s' PROMS f.'•;Y# 41NSf h MMWA Nr',s`WANWA MEMI .NEWOR r ABIAM From: "Matt Kernahan" <mkernahan @uemconsulting.com> To: <tfabbro @niagarafalls.ca> Date: 9/14/2006 2:08 PM Subject: 3 780 Welland Street ZBA Page 1 of 1 Please find attached, the pictures that are be included in the circulation package /agenda for the September 25 Council meeting. Please note that this Email is being sent on behalf of Richard F. Brady, MA, MCIP, RPP the agent for the applicant for the zoning by -law amendment at 3780 Welland Street (AM27/2006). Matthew A.T. Kernahan, BA (Hons.) Project Planner Urban Environmental Management Inc. 4701 St. Clair Avenue, Suite 301 Niagara Falls, Ontario Canada L2E 3S9 telephone: +1 (905) 371 -9764 facsimilie: +1 (905) 371 -9763 toll free: +1 (866) 840 -9764 mobile: +1 (905) 932-9750 file: /C:\Documents and Settings \tn2061I,ocal Settings \Temp \GW }00001.HTM 9/19/2006 BRUCE WARD CAR WASH, 3780 WELLAND STREET AM27/2006, Application for Zoning By -Law Amendment Photographs Taken: September 13, 2006 1 Looking southeast from Dock Street at subject property Looking southeast from Dock Street at subject property and adjacent hydro lands BRUCE WARD CAR WASH, 3780 WELLAND STREET AM27/2006, Application for Zoning By -Law Amendment Photo Mra hs Taken: September 13, 2006 Looking southeast from Dock Street at adjacent hydro lands 2 Looking southeast from Dock Street at adjacent hydro lands. Existing storage facility in foreground. BRUCE WARD CAR WASH, 3780 WELLAND STREET AM27/2006, Application for Zoning By-Law Amendment Photographs Taken: September 13, 2006 Looking southeast from Welland Street at eastern boundary of property. Looking northwest from Gunning Drive at hydro lands adjacent to subject property 3 BRUCE WARD CAR WASH, 3780 WELLAND STREET AIV127/2006, Application for Zoning By -Law Amendment Photographs Taken: September 13, 2006 Looking northwest from hydro lands at subject property Looking northwest from hydro lands at eastern boundary of subject property 4 BRUCE WARD CAR WASH, 3780 WELLAND STREET AlV127/2006, Application for Zoning By-Law Amendment Photo. rashs Taken: Se tember 13, 2006 14: Looking southeast from subject property at eastern property boundary Looking northeast from subject property at eastern property boundary 5 BRUCE WARD CAR WASH, 3780 WELLAND STREET AM27/2006, Application for Zoning By -Law Amendment Photographs Taken: September 13, 2006 Looking southeast from subject property at western property boundary 6 Looking southeast from subject property at western property boundary BRUCE WARD CAR WASH, 3780 V'VELLAN]D STREET AM27/2006, Application for Zoning By -Law Amendment Photogra hs Su lied by Potential Manufacturer of Pro osed Facilit 1 Side elevation of low profile mini- storage facility characteristic of that proposed at 3780 Welland Street Front and side elevation of 8 ft tall storage facility with slightly peaked roof BRUCE WARD CAR WASH, 3780 WELLAND STREET AM27/2006, Application for Zoning By -Law Amendment Photographs Supplied by Potential Manufacturer of Proposed Facility Front and side elevation of similar mini-storage facility to that which is proposed at 3 780 Welland Street Side elevation of mini storage facility similar to that proposed at 3780 Welland Stree next to a two storey residence at left. 2 BRUCE WARD CAR WASH, 3780 WELLAND STREET AM27/2006, Application for Zoning By -Law Amendment Photogra• hs Sup lied by Potential Manufacturer of Pro osed Facility -•rte x.. ._3i.: :A.1 ^...naa. s w. R a4- Ew s. x.i'e .a: Front elevation of mini- storage facility that is similar to that proposed at 3 780 Welland Street 3 Niagara f Region PLANNING AND DEVELOPMENT September 8, 2006 Ms. Anamika Dilwaria Planner 2 City of Niagara Falls 4310 Queen St,, 2nd Floor Niagara Falls, ON L2E 6X5 Dear Ms. Dilwaria: Re: Zoning By -law Amendment Application 3780 Welland Street 1314540 Ontario Inc. City of Niagara Falls Your File: AM- 27/2006 Please send notice of City Council's decision on this application. Yours truly, (t4 Peter Colosimo, MCI P, RPP Senior Planner c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, City of Niagara Falls M:IMSWORDIPC \Nlagara FaIIs\NFzblalWellandStWard.doc Building Community. Building Lives. The Regional Municipalit 3550 Schmon Parkway, Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905 641 -5208 E -mail: plan a©regional.niagara.on.ca File: D.10.M.11.23 This application proposes to amend the City's Zoning By -law to permit a mini storage facility to be developed on a site partially zoned General Commercial. The following Regional and Provincial planning comments are provided for your consideration. This property is located within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and appears to be designated Residential in the City's Official Plan. The site currently contains a car wash and an area for car sales. The City should be satisfied that the additional mini storage use will be compatible with the adjacent residential neighbourhood. There are no concerns with this Zoning By -law amendment application from either a Regional or Provincial planning perspective. Planning Development The City of 4310 Queen Street Niagara Falls P.O. Box 1023 Canada Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Members: RECOMMENDATION: BACKGROUND: Corporate Services Department 11111111 111.1 01 I 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 September 25, 2006 Re: PD- 2006 -82, Pedestrian Deck Agreement Marriott Fallsview Hotel PD- 2006 -82 Doug Darbyson Director 1) That Council not release the Niagara 21st Group from the pedestrian deck agreement which applies to lands immediately south of the Marriott Hotel in isolation of the planning process which includes public notification. 2) That the proper format for considering such a request is through an Official Plan amendment which currently designates the subject lands for Open Space purposes,. In a letter dated September 13, 2006, Ms. Italia Gilberti has requested an opportunity to address Council seeking the release of an agreement between the City and her client, Niagara 21St Group Inc. The City holds an agreement with the Niagara 21St Group Inc. for land and air rights to the south and east of the current Marriott Fallsview Hotel. The current agreement registered in 1991 replaces an earlier agreement from 1963. The current agreement restricts the use of the land and air rights to a pedestrian deck only. The pedestrian deck only agreement originated from a decision concerning a severance application in 1963. The agreement was predicated on maintaining a viewing area of the Falls and providing public access free of charge. The agreement ran with the title of the land and was binding on subsequent owners. In 1991, the solicitor for the current owner sought release of the agreement. Council maintained its interest in the right to restrict land and air rights to a pedestrian deck only. Y It should be noted that the staff report which dealt with this matter in 1991 referred to satisfying the requirements expressed by the land owner to the west. This reference specifically addressed the concerns expressed by Romzap Inc. that any change to this agreement would have a negative impact on his land. Given that there may be a variety of public interest concerns from adjacent property p Y owners, the Niagara Parks Commission and the general community at large, it is not recommended that Council release the existing restricted covenant without proper public notice nor in isolation of the planning approval process. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 25, 2006 2 PD- 2006 -82 With respect to the matter of dealing with the pedestrian deck agreement in an appropriate planning context, both Planning and Legal staff have advised Ms. Gilberti, in correspondence dated August 30, 2006, that this matter should be dealt with in association with a Planning Act application. This could be achieved through an application to amend the Official Plan rather than the more time consuming and costly approach of rezoning which requires the completion of detailed plans, drawings and studies. The Official Plan currently designates the small triangle of land south of the Marriott Hotel for Open Space purposes. These are the same lands that are subject to the pedestrian deck agreement. By virtue of applying to remove the subject lands from the Open Space provisions of the Official Plan, Council can decide, in a planning context, whether or not to remove the restrictive covenant. CONCLUSION: The pedestrian deck agreement is the result of a planning application heard before a former Planning Board and approved by City Council. As such, the removal of same should not be considered outside of a planning application and required public process. Maintaining public viewing areas of the Falls and protecting the views of other private property owners are relevant planning considerations. The Official Plan, Figure 3, reinforces the significance of this property as a public viewing area by designating it as an open space plaza. There continues to be interest in the agreement by the ratepayers of Niagara Falls. An application to amend the Official Plan to remove the lands from Figure 3 would afford a full planning review, public disclosure and assessment of any continued public interests. Prepared by: 141G.J Alex Herlovitch Deputy Director of Planning Development and Doug Darbyson Director of Planning Development Recommended by: Doug Darbyson Director of Planning Development Approved by: AAA- f o( T. Ravenda Executive Director of Corporate Services AH:gd S:\PDR\2006\PD2006 -82, Pedestrian Deck Marriott Fallsview.wpd R- spectfully submitted: John MacDonald Chief Administrative Officer BRODERIK 1 att 1 ARTNERS BARRISTERS SOLICITORS September 13, 2006 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 I.M. GILBERTI t R. B. BURNS M. DIGIROLAMO COUNSEL: E.P. LUSTIG D.F. MARINELLI (1945 1997) HAND DELIVERED City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Mr. Dean lorfida, City Clerk Dear Mr. lorfida: HIP& FALL CLERKS 091:3 1465 •.M W Y�� i1kMi� �iM -M Re: Release of Pedestrian Deck Agreement Preliminary Concept Plans of Proposed 30 Storey Hotel Tower Expansion to Marriott Niagara Falls Fallsview Hotel Spa, Fallsview Blvd. Our File No. 060401 As you are aware, we act as solicitors for Niagara 21' Group Inc., who is the owner of the lands shaded yellow on the attached sketch, and also currently enjoys an "air rights easement" through the area shaded orange in the attached sketch. An affiliated company, 709021 Ontario Limited, that is owned and controlled by Niagara 21' Group Inc. owns the lands shaded pink on the attached sketch. The lands shaded yellow and the air rights easement shaded orange are both subject to the provisions and conditions contained within a private agreement between The Corporation of the City of Niagara Falls and Menechella Brothers Limited (the previous name of Niagara 21' Group Inc.) that was registered on the title to the lands on April 16, 1991 (the "Pedestrian Deck Agreement We enclose herein copy of said Pedestrian Deck Agreement. The lands shaded pink are not subject to the provisions of the Pedestrian Deck Agreement. CERTIFIED BY THE LAW So c R ET I .AS t s Et i A.t I Si IN CIVIL LITIGATION. t FLUENT tN BOTH ITALIAN A.Nt) FRENCH LA ;u c;.t S. -2- We have been meeting with the Peer Review Committee, on an informal basis for numerous months. On July 11, 2006, we met with several staff members to discuss the issue of how to approach our client's request to be released from the conditions contained within the Pedestrian Deck Agreement. We enclose herein copy of letter dated July 20, 2006 from Mr. Darbyson. Subsequent to this meeting, we met with the Peer Review Committee and briefly with Mr. Darbyson. It was decided that our client should obtain an independent planner's report supporting our position that an Official Plan Amendment is not required for our client to request to be released from the conditions of the Pedestrian Deck Agreement or for the application to proceed later through the Rezoning process. We obtained such a report and submitted same with our letter to Mr. Darbyson, dated August 9, 2006. We enclose herein copy of our said letter and Mr. Brady's report. By letter dated August 30, 2006, Mr. Darbyson has replied to our letter dated August 9, 2006, stating that it is the opinion of both the Planning and Legal Divisions that the public review process afforded through the Planning Act requirements is the most appropriate means to address any public concerns regarding the future use of the lands. We disagree. It is our position, and that of Mr. Brady, that our client's request to be released from the provisions of the Pedestrian Deck Agreement does not require an Official Plan Amendment, and does not require to be addressed through the Planning Act requirements. By letter dated September 5, 2006, we have again requested that our client's request be submitted to City Council for consideration. We have requested that this matter be brought to City Council on September 25, 2006 given that our client has been diligently working with City Staff and the Architectural Peer Review for several months. This is a matter that should be dealt with expeditiously and does not require to be processed through the Planning Act requirements. For these reasons, we are kindly requesting that you provide a copy of this letter, together with all attachments to Mayor Salci and all Members of City Council, in the September 25 2006 City Council Agenda package, and we further seek permission to speak to this matter on the said night and request that City Council consider releasing our client from the provisions of the Pedestrian Deck Agreement as it refers to the lands shaded yellow on the attached sketch. Mr. Brady is also willing to attend that night in order to clarify any questions Mayor Salci or City Council Members may have with respect to his report and provide independent planning guidance. If City Council agrees to release our client's lands from the conditions of the Pedestrian Deck Agreement, we will then submit an application to rezone the lands, together with all necessary studies and reports. It is inappropriate for our client to proceed with further meetings with the Architectural Peer Review Committee or commissioning any further detailed drawings or required studies, and spending hundreds of thousands of dollars to proceed to that step (submission of a formal rezoning application) unless City Council agrees that our client's lands should be released from the Pedestrian Deck Agreement. We would also like to note that the Architectural Peer Review is most pleased with the draft drawings and concepts submitted to date, as the proposal represents a tall, slender building (with only seven hotel units per floor), complies with the new IBI guidelines and offers enhanced public realm improvements. We shall await your reply and thank you for your prompt attention hereto. Yours very truly, BR! 4 &A NSLLP ALI ERTI IMG /•Ij cc. Mr. Cosmo Menechella Mr. Rick Brady Mr. John MacDonald Mr. Doug Darbyson Mr. Alex Herlovitch -3- SEP. 19, 2006 2:22PM SULLIVAN MAHONEY N0. 188 P. 2 Via Fax Mr. Dean Iorflda, Clerk City of Niagara Falls City Hall 4310 Queen Street Niagara Palls, ON L2E 6X5 Dear Mr. Iorfida: Syaa BARRISTERS soucrroBs Re: Romzap Ltd. and the City of Niagara Falls Our File No 61938 We have been consulted by Romzap Ltd. wit.. respect to a proposal to use land immediately east of the Sheraton Fallsview Centre owned by Romzap Ltd. We understand. that representations will be made to the Council of the City of Niagara Fails at its meeting to be held on Monday, September 25, 2006. The purpose of this letter is to request an opportunity to respond to submissions made to the Council with respect to the possible development of lands lying immediately to the east of the Sheraton Fallsview and more particularly restrictions which currently exist on the land to the east of the Sheraton Fallsview restricting the height of building which may be constructed there. Would you please confirm that this writer will be permitted to speak to Council on Monday, September 25, 2006 to respond to any request to terminate the existing controls on the land lying to the east of the Sheraton Fallsview. Thank you for your anticipated co- operation in this matter. TAR:bj co-- M. Zapitelli V.F. Muratori, 0.C. J, Dnllal Ma, ono+rii Y. Clarkson P,B. Bedard D.A.. Goalin G.W. McCann B.J. Troup G.A. Wiggin J.M. Gotta s, J. Premil s, May P.T. Bagwell, Q.C. IZ.B. Cttlliron C. D'Angelo M. Leacak Of Counsel (Commercial Law): M.D. Kriluck September 19, 2006 Flame Raply to St. Catharines Office Yours very truly, KS '06 09 1 2R SULLIVAN, MAHONEY LLP Per: 40 Queen Street, P, O. Box 1360, St, Catharines, °Arad° L2R 622 Telephone: 905688.6651, Facsimiles: 905. 688 -5814 4780 Ports Rout, Nia ra Falls. Ontario L2E 6A8 Tcic Shona; 905 3574500, Facsimile: 905- 357 -0501 LA, Richardson J.R. Bush R. yawn N. Paduraru Thomas A. Richardson. P,M, Sheehan PA Mahoney T. Wall W.B. Mpg B.A. Macdonald I.A. King Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorf da City Clerk Ext. 4271 Date: September 25, 2006 Subject: PD 2006 82 Pedestrian Deck Agreement, Marriott Fallsview Hotel The City of Niagara Falls Some members of the public have been made aware of the report related to air rights at the Marriott. The fact that there is public interest on this matter confirms staffs recommendation that the matter not be dealt with without a full public notification process. Nonetheless, as the discussion this evening will only related to the technical merits of whether there needs to be a public process to release Niagara 21st Group from the pedestrian deck agreement, staff did not think it was appropriate to entertain deputations from the "Public at- large Staff does feel it is appropriate to hear from the proponent and/or their agent and the owner of Romzap and/or his agent. If the matter proceeds to a Public Meeting under the Planning Act then the public will be free to appear to express their views. Wording Toget,ber to Serve Our Community From: Dean lorfida To: bernadette@niagaravintners.com; grunstein @caninet.com; Norma Guindon Date: 9/21/2006 10:22:58 AM Subject: Re: Presentation Monday Council Meeting Air Rights Norma, Bernadette and Mr. Grunstein: Thank you for your interest in this matter. I feel, however, that I should clarify the issue that will be dealt with on Monday. The item is not a Public Meeting under the Planning Act. The Niagara 21st Group have requested that they be released from an agreement that restricts the use of the land and air rights to a pedestrian deck only. Staffs report, which will be available later in the week, is explicit in stating that any consideration of a release from the agreement is premature and should occur in conjunction with an Official Plan amendment. The report states the following: Given that there may be a variety of public interest concerns from adjacent property owners the Niagara Parks Commission and the general community at large it is not recommended that Council release the existing restricted covenant without proper public notice nor in isolation of the planning approval process With staffs position and arguments being made by the solicitor of a nearby affected property, I am confident that the ramifications of proceeding without a full public process will be fully vetted. I will include your correspondence and that of your colleagues in the Council agenda but at this time it would be premature to entertain a formal deputation from the public at- large. Rest assured, I will personally ensure that Council is well aware of the public concern expressed and when, and if, the matter returns for a public meeting, you will be listed on the agenda. Dean lorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) CC: Alex Herlovitch; Doug Darbyson; John MacDonald From: "Mel Grunstein" <grunstein @caninet.com> To: <diorfida @niagarafalls.ca> Date: 9/20/2006 10:35:08 PM Subject: Marriott "Air Rights" Mr.Iorfida, I would like to request permission to speak to the topic of "Air Rights" at this coming Monday night meeting of council. Thank you, in advance. Mel Grunstein 6700 Cherrygrove Road Niagara Falls L2E 5M6 (905)358 -8746 From: "Norma Guindon" <nstarrs @hotmail.com> To: diorfida @city.niagarafalls.on.ca> Date: 9/20/2006 10:30:01 PM Subject: Presentation Monday Council Meeting Hi Dean, Hope you have been well. I would like to be put on the list of speakers on the issue of the use of air rights over the city owned railway right of way. 1 believe the Marriott is requesting a change in a bylaw. Thank you very much for your consideration. Could you e mail me if I am successful? Thank you for your consideration Norma Guindon 6489 Burwood Ave. N. F. L2H 1Z6. Buy what you want when you want it on Sympatico MSN Shopping http: shopping. sympatico. msn. ca content/ shp ?ctld= 2,ptnrid= 176,ptnrdata= 081805 Aug-14-06 08:33am From-MARTIN SHEPPARD FRASER UP 905 354 1042 T-389 P.001/001 F-088 R A MIT T A L To: Dean Iorfida Fax: 905 356 9083 From: Lori Lococo, Lakeshore Division District 60 Toastmasters Date: 10 August 2006 Pages: 1 Re: Proclamation of October as Toastmasters month September 19, 2005 meeting In October 1924, a group of men assembled by Dr. Ralph C. Smedley met in the basement of the YMCA in Santa Ana, California, U.S.A,, forming a club "to afford practice and training in the art of public speaking and in presiding over meetings, and to promote sociability and good fellowship among its members," The group took the name "Toastmasters." Honeymoon City Toastmasters here in Niagara Falls are a local chapter of isestmagers laternatignat. Also, our District 60 Fall Conference will be held in Niagara Falls on November 3 5, 2006. Mayor Saki will be in attendance. Today, Toastmasters International is a non-profit organization which gives its members the opportunity to develop and improve their public speaking abilities through local club meetings, training seminars and speech contests. Toastmasters International includes more than 199,000 men and women in more than 9,300 clubs in more than 90 countries. At Toastmasters, members learn by speaking to groups and working with others in a supportive environment. A typical Toastmasters club is made up of 20 to 30 people who rneet once a week for about an hour. Each meeting gives everyone an opportunity to practice conducting meetings, giving impromptu speeches, presenting prepared speeches, and offering constructive evaluation. We would like to have a representative at the September 25 meeting to give a 2 3 minute presentation. Please contact me at my work number, 905 354 1611 to confirm. Thank you for your consideration. Lori Lococo Division L Governor Fire Services Inter Department Memorandum TO: Dean Iorfida City Clerk FROM: Colin (Barney) Ruddell Assistant Chief Ext. 2202 RE Fire Prevention Week Proclamation The City of Niagara Falls Cans .400 DATE: September 13, 2006 I would appreciate it if you would have the attached Proclamation placed on the September 25 Council Order of Business. Fire Prevention Week will run from October 8 14 and it is requested that October 14 be designated as "Fire Service Recognition Day This year's theme is "Prevent Cooking Fires Watch What You Heat Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services City of Niagara Falls Mayor's Proclamation WHEREAS many dedicated residents have joined with volunteer, professional and industrial fire safety personnel as "Partners in Fire Prevention" in a relentless effort to minimize loss to life, destruction of property and damage to the environment; and WHEREAS fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures; and WHEREAS it is desirable that information on fire causes and recommended preventive measures be disseminated during a specific period of the year; and WHEREAS the 2006 fire prevention home theme for this period is "Prevent Cooking Fires Watch What You Heat NOW THEREFORE, 1 Ted Salci, Mayor of Niagara Falls, do hereby proclaim October 8 -14, 2006 as Fire Prevention Week; and FURTHER, in appreciation of the many services rendered by the members of the Fire Service of Canada, designate October 14, 2006 as "Fire Service Recognition Day and FURTHER encourage all residents to support the many public safety activities and efforts of Niagara Falls Fire Services. niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 September 13, 2006 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Sincerely, 9 *—e-1 V Joe Longo Chief Librarian Re: LIBRARY MONTH PROCLAMATION Canadian Library Month will be celebrated throughout the country during October 2006. The Niagara Falls Public Library requests that City Council proclaim this month as Library Month in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. This year's theme is "The World at your Fingertips During October the Niagara Falls Public Library is participating in a unique region -wide program, "Niagara Reads Niagara to promote and celebrate literacy, libraries and the world of words with some of Niagara's authors, poets and historians. We encourage every person to use the public library this month and throughout the year. Declaration WHEREAS Canada's libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS Canada's libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge -based economy; WHEREAS Canadian libraries bolster economic prosperity by providing access to essential decision making information for organizations and businesses; WHEREAS libraries in Canada enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 2006 is Library Month Under the theme: Libraries: The world at your fingertips Signature Canadian Library Month 2006 Libraries: the world at your fingertips Les bibliotheques: le monde au bout des doigts This October, libraries from across the country will come together to celebrate their commitment to enhancing the quality of life for all Canadians and their role in ensuring that Canadian culture continues to flourish and thrive during Canadian Library Month 2006. This year's theme, Libraries: the world at your fingertips, illustrates the many different programs and services the country's libraries provide for Canadians. For individuals, libraries provide information resources and tools to assist all, regardless of age, gender, race, religion, social status or language. For communities, libraries are important components of society as centres of knowledge, disseminators of information, custodians of history and culture and gathering places for the exchange of information and ideas. Libraries play an important role in the fight against low literacy in this country through inclusion and partnering programs. Libraries are at the forefront of technology, with many e- library services now available 24/7, allowing access to a wide range of resources to anyone from anywhere at anytime. In Canada, libraries employ over 11,000 people (2001 Census). For this year's Canadian Library Month, we encourage Canadians to discover some of the many programs and services available to them at their fingertips!! Public Library A cornerstone of our communities, the public library provides programs and services to people of all ages, from newborns to seniors. It offers a variety of resources (books, CDs, movies, magazines, Internet access) and programming to meet the diverse needs of its patrons. 94% or 28.5 million Canadians are in a community served by a public library In 2003, there were 127 million visits to public libraries Public libraries receive $780 million in municipal funding and nearly $130 million from provincial /territorial governments School Library The school library plays a key role in students' learning and development. 75% of schools in Canada have a librarian or library technician supporting the education of their students (Statistics Canada 2005) Appropriate school library staffing is directly related to improved reading (Ontario Library Association 2006) The school library plays a key role in students' learning and achievements. 5.3 million children attend public elementary and secondary schools (Statistics Canada 2005) Many studies have shown improved student achievement in schools with well staffed, well funded, and well stocked school libraries. This is not dependent upon the wealth or education of the community in is Y which the school s located. Academic Library The college or university library is vital to post-secondary students and researchers. Academic libraries work with faculty and researchers in the creation of new knowledge. The Canadian Association of Research Libraries reports that member libraries spend over 200 million dollars annually to develo p and maintain their collections (CARL 2004) The over 6,500 academic library employees in Canada contribute to the overall vitality of college and university education in Canada. Special Library There are more than 1,100 special libraries in Canada. Special libraries and the people who work in them support the information needs of their employers, enhance productivity and contribute to informed decision-making across all sectors of the economy. Special libraries are found in various organizations: All types and sizes of corporations from single locations to multinationals Government agencies and crown corporations such as the Canadian Wheat Board Not for profit entities such as the CNIB, and trade organizations such as the Brewers Association of Canada Library and Archives Canada Library and Archives Canada is Canada's national library. Its diverse includes Y mandate ncludes the preservation and dissemination of Canada's documentary heritage and knowledge; contributing to the cultural, social and economic advancement of Canada; and to serve as the national memory of the government of Canada and its institutions. niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 September 13, 2006 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Re: Niagara Reads Niagara On Saturday Oct. 14 the Niagara Falls Public Library is participating in a region -wide "Niagara Reads Niagara" program to promote and celebrate literacy, libraries and the world of words with some of Niagara's authors, poets and historians. The following will be here Oct. 14 from 2 -4pm in the LaMarsh Room of the Victoria Avenue Library to meet the public, sell autographed copies of their books, answer questions, do a reading and discuss how their books were researched, written and published. Kara Bartley, "The Siamese Mummy" and hopefully her new novel; Bob Foley of The Haunted Press and author of various Canadian history books; Frank Long "A Century of Sports in Niagara Falls Beverley Armstrong Rodman "Murder is a Family Matter" (novel); Ron Winstanley "Charlie's Gold" and other novels; Sherman Zavitz "Then Now: Niagara Falls" and other local history books. Also attending will be Andrew Porteus creator of the "Niagara FallsToetry Project" website (www.niagarafallspoetry.ca and Committee member of the CDROM edition of "Images of a Century: The City of Niagara Falls 1904 2004" Displays will set -up by Literacy Link Niagara and Niagara Regional Literacy Council. All the public libraries throughout Niagara Region are planning similar events during October to celebrate local authors. Ontario Public Library Week and Canadian Library Month are celebrated in October: Pick -up a four page brochure listing all the events during October from the Fort Erie to Grimsby public libraries and every other library in between. Other authors participating include Anna Olson, Richard Wright, William Thomas, Earl Plato, Hannelore Headley, Bobbie Kalman, Lini Grol, Robert Malcolmson, John Burtniak and many others. The twelve public libraries thank TD Canada Trust for sponsoring "Niagara Reads Niagara We hope you will drop -in during our Niagara Reads Niagara event and help us celebrate locally the world of words. Sincerely, Joe Lon Chief Librarian BEVERLEY ARMSTRONG- RODMAN KAREN ARTHUR GAIL ATKINSON -TODD PROF NORMAN R. BALL KATHERINE BARBER KARA BARTLEY SANDRA BELL -LUNDY CHARLES DAVIES JANE DAVIES COLIN DUQUEMIN KONRAD EJBICH BOB FOLEY ELIZABETH GLENNY HANNELORE HEADLEY BOB LINDSEY FRANK LONG ROBERT MALCOMSON KEVIN MCCABE YVONNE MCMORROUGH RON MORRISH ANNA OLSON DAVID OWEN LYNN PEPPAS EARL PLATO ANDREW PORTEUS ERNO ROSSI DOROTHY RUNGELING WILLIAM THOMAS EVA TI HANYI NANCY WARD RON WINSTANLEY RICHARD B. WRIGHT SHERMAN ZAVITZ NIAGARA R EADS NIAGARA© 2006 October is Canadian Library Month. Join the public libraries in Niagara as we celebrate literacy, libraries, and the world of words with some of Niagara's authors, poets and historians. FORT ERIE 905- 871 -2546 www.forterie.library.on.ca GRIMSBY 905- 945 4142 www.town.grimsby.on.ca LINCOLN 905 563 -7014 www.lincoln.library.on.ca NIAGARA FALLS 905 356 -8080 www.nfpl.library.on.ca NIAGARA -ON -THE -LAKE 905- 468 -2023 www.notipubliclibrary.org PELHAM 905 -892 -6443 www.pelhamlibrary.on.ca PORT COLBORNE 905 834 -6512 www.portcolbornelibrary.org ST. CATHARINES 905- 688 -6103 www.stcatharines.library.on.ca THOROLD 905 -227 -2581 www.thoroldpubliclibrary.ca WAINFLEET 905- 899 -1277 www.wainfleetlibrary.ca WELLAND 905- 734 -6210 www.welland.library.on.ca WEST LINCOLN 905 957 -3756 Sponsored by l7 Canada Trust 1 04 F�. -4v4 FORT ERIE PUBLIC LIBRARY CRYSTAL RIDGE BRANCH 89 Ridge Road South, Ridgeway CREATING "MANY VOICES" Wednesday, October 4 7:00 pm JANE DAVIES and members of the fort Erie Historical Museum will discuss the creation of "Many Voices'. LOCAL AUTHORS PANEL Wednesday, October 11 2:00 pm Local authors will exhibit, sign, sell and talk about their works. Some may do readings. CHARLES DAVIES "Romance of Niagara', "Rapid Waters" ELIZABETH GLENNY poetry DAVID OWEN "The Year of the Fenians" EARL PLATO "The Destroyer', "Our People Live', "Terror at Snake Hill" ERNO ROSSI "full Moon', "White Death', "Crystal Beach: the good old days" GRIMSBY PUBLIC LIBRARY 18 Carnegie Lane BOOK TALK Monday, October 16 7:30 pm 8:30 pm KO N RA D EJ B 1 C H 'A Pocket Guide to Ontario Wines" LINCOLN PUBLIC LIBRARY FLEMING BRANCH 4996 Beam Street, Beamsville AUTHOR READING Wednesday, October 18 7:00 pm BOB LINDSEY "Royal Spring" NIAGARA FALLS PUBLIC LIBRARY VICTORIA AVENUE BRANCH, LAMARSH ROOM 4848 Victoria Avenue LOCAL AUTHORS PANEL Saturday, October 14 2:00 pm 4:00 pm Local authors will exhibit, sign, sell and talk about their works. Some may do readings. KARA BARTLEY "The Siamese Mummy', and a new novel BOB FOLEY of The Haunted Press and author of various Canadian history books FRANK LONG 'A Century of Sports in Niagara Falls" BEVERLEY ARMSTRONG RODMAN "Murder is a Family Matter" RON WINSTANLEY- "Charlie's Gold" and other novels SHERMAN ZAVITZ "Then Now: Niagara falls" and other local history books NIAGARA FALLS POETRY PROJECT Saturday, October 14, 2:00 pm 4 :00 pm ANDREW PORTEUS creator of the "Niagara falls Poetry Project" website (wwwniagarafallspoefry.ca) and Committee member of the CDROM edition of "Images of a Century: The City of Niagara Falls 1901 2004" DISPLAYS Saturday, October 14 2:00 pm 4:00 pm Literacy Link Niagara and Niagara Regional Literacy Council will set up displays. NIAGARA -ON THE -LAKE PUBLIC LIBRARY 10 Anderson Lane POETRY WORKSHOP Tuesday, October 17 2:00 pm KEVIN MCCABE will conduct a poetry workshop, based on his own poetry about Niagara -on- the -Lake LECTURE Thursday, October 19 7:00 pm YVONNE MCMORROUGH will talk about the Life and Times of George Bernard Shaw PELHAM PUBLIC LIBRARY FONTHILL BRANCH, FESTIVAL ROOM 43 Pelham Town Square, Foothill LOCAL AUTHORS PANEL Saturday, October 21 1:00 pm 3:00 pm Local authors will do readings, sign, and sell their books. COLIN DUQUEMIN (Ioca/hisforian) "The Driver's Guide to the Niagara Battlefields', and others RON MORRISH (parenting expert) "Secrets of Discipline" and "With All Due Respect" NANCY WARD (children's author and Pelham Public Library staff member) "Sir Walter Raleigh" Work of DOROTHY RUNGELING (aviafor/Orderof Canada recipient) "The Road to Home" and other novels (readby Mary Lamb) PROF. NORMAN R. BALL (Director ofthe Centre for Society, Technology and Values) The Canadian Niagara Power Company Story and other books on the history of engineering PORT COLBORNE PUBLIC LIBRARY L.R. Wilson Heritage Research Archives Building (adjacent to library, 310 King Street) AUTHOR READING /BOOKTALK Wednesday, October 18 1:00 pm Local author will talk to students from local schools about writing non-fiction for children. The general public is invited. LYNN PEPPAS (children's non fiction author) "Life in Ancient Greece", "Severe Storm and Blizzard Alert!" and others AUTHOR READING /BOOKTALK Wednesday, October 18 6:30 pm Local authors will do readings, sign, and sell their books and speak about writing local history. DEREK MILLER (/ocalhistorian) The Historic Welland Canals at Port Colborne" DONALD ANGER (local historian) will discuss his forthcoming book "Port Colborne: Tales from the Age of Sail". ST. CATHARINES PUBLIC LIBRARY CENTRAL LIBRARY, MILLS ROOM 54 Church Street AUTHOR READING /BOOK SIGNING Thursday, October 5 7:30 pm RICHARD B. WRIGHT (Recipient ofthe 2001 Gilley Prize, Governor General's Literary Award for fiction, and Ontario's Trillium Book Award for "Clara Callen") "Adultery" BOOK CAFE Tuesday, October 10 2:00 pm Book talks by Library staff on selected novels penned by local authors. AUTHOR READING /BOOK SIGNING Thursday, October 19 7:30 pm ANNA OLSON (pastry chef, entrepreneur, host of food Network Canada's 'Sugar' and 'Kitchen Equipped', and author) "4nother Cup of Sugar" AUTHOR READING/BOOK SIGNING Thursday, October 26 7:30 pm HANNELORE HEADLEY (book dealer, antiquarian, and author) "Blond China Doll" GRANTHAM BRANCH Grantham Plaza, 400 Scott Street AUTHOR READING /BOOK SIGNING Thursday, October 5 2:00 pm BEVERLEY ARMSTRONG RODMAN (Librarian and author) "Murder is a family Matter" THOROLD PUBLIC LIBRARY 14 Ormond Street North LECTURE /SLIDESHOW Wednesday, October 11 7:00 pm ROBERT MALCOMSON 'A Very Brilliant Brock: Sir Isaac Brock and the battle of Queenston Heights" AUTHOR READING /BOOK TALK Wednesday, October 18 7:00 pm JOHN BURTNIAK "Railways in the Niagara Peninsula" PRESENTATION Wednesday, October 25 7:00 pm ALUN HUGHES "John Graves Simcoe, lady Godiva, Clint Eastwood and the naming of Thorold" WAINFLEET TOWNSHIP PUBLIC LIBRARY 19M9 Park Street JOURNALISM SEMINAR Thursday, October 19 2:00 pm GAIL ATKINSON TODD editor of "Niagara life" and "Niagara This Week" AUTHOR READING Monday, October 30 7:00 pm WILLIAM THOMAS and KAREN ARTHUR "True Stories of Wainfleet: with lies by William Thomas'. Working title, co-authors will discuss their upcoming book on Wainfleet. WELLAND PUBLIC LIBRARY 50 The Boardwalk AUTHOR READING /BOOK SIGNING Wednesday, October 11 7:00 8:30 pm KATHERINE BARBER "Six Words You Never Knew Had Something to do with Pigs" AUTHOR READING /BOOK SIGNING Tuesday, October 17 7:00 8 :30 pm ANNA OLSON 'Another Cup of Sugar" POETRY WORKSHOP /READING Wednesday, October 18 6:30 8:30 pm EVA TIHANYI how to write poetry, how to market and publish poetry, plus poetry readings. CARTOONING Thursday, October 19 7:00 8:00 pm SANDRA BELL -LUNDY cartoonist, author of "Tea, Coffee and Reality" will discuss women in cartooning, inspiration for comic strips, syndication, writers' eq. DESIGNED AND PRODUCED BY THE ST. CATHARINES PUBLIC LIBRARY Office of the Mayor Inter- Department Memorandum TO: Dean Iorfida FROM: Kristine Speck Ext. 4205 RE: Council Information Hello Dean: Would you please have the attached letter of request from Community Support Services of Niagara regarding a request for proclamation for the month of October directed to Council. Thanks, Kristine DATE: September 15, 2006 10'J/14 /LER:lb 14;4( JbbLLi3 L N rHuc U Sept 14, 2006. Community Support Se4ices of Niagara 4A -3300 Merrittville H% y Tk omold, ON. L2V 4Y6 Dear Mayor Ted Salci: am writing today to inv to you to celebrate Community Support Month with us this October. Com a ity Support Services of Niagara volunteers provide Friendly Visiting, Telep1 one Reassurance (Talk-aBit) and Home Maintenance and Repair for seniors and adults with disabilities. It would be wonderful if Iiagara palls could formally declare Community Support Month at our up atning Client Volunteer Autumn Social Tea and your city council meting to recognize how instrumental our role is in the community. Please plan to join us in the La Marsh Room at the Niagara Falls Victoria Are Public Library on Wednesday October 4, 2006 from /�J�(j \/�j{ j��)f.,�,y''�! as� f Vm 2. Y Y �V'm -3: 0pm i Each autumn, commurxi based agencies mark the benefits which community support and Ikome care bring to people in Niagara Falls. We help people maintain or xiega xx their independence and healthy where_they want it most: at home, Tlitey can continue their full lives as citizens, volunteers, consumers, xpayers and voters. This is a crucial time fox Muni tY support and home care. The need grows, funds are limited lind the population ages. At the moment, over three quarters of a inillio ji seniors and people with disabilities get community supports and !home care in Ontario each year. For every dollar government commits, ouf. staff and volunteers provide 1.43 in are and services. Our work is challenging but deeply rewarding. Community Support Month is an oppOxtun ity to promote and celebrate our services. Yours Community Support Services of Niagara wants to thank you for supporting Community S! .pport Services of Niag a in the past. We will be in touch soon to con1i your attendance at our Community Support Services Autumn Social jrea. In the meantime, ifyou you have any questions, please contact me at 9051682-3800 or by email at rn lor.ridgway @cssn. o' ca. 'NV\ Melanie Ta or- Ridgwa Service and Volunteer Coordinator i P S please celebrate Coinmunity Support Service Month this October. We're looking forward to seeing you at our Client and Volunteer Social Tea. CJ7/ 14/ ZUUC) 1 4 7UJ0044 7,.) Ontario Comb unity Support Month Odtober 2005 Prc1amafion r 1-r.1L U,:) Whereas people in Niagara Fails enjoy iea1thy lives in their own homes with the support of Niagara Falls' excellent community are services like Community Support Services of Niagara's Friendly Visiting, Talk -a -Bit $nd Home Maintenance &Repair service. Whereas community care must be bettetr recognized and funded for its invaluable contribution to the health of Niagara Fails. Whereas for one month every year, people receiving community supports, home care and the professionals and volunteers prd¢viding it are due our special thanks. I hereby proclaim October 2006 as Community Support Month in Niagara Falls. NiaaraFall Board of Management September 12, 2006 P.O. Box 5, Main Station Niagara Falls, Ontario L2E 658 Mayor R. (Ted) Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario P.O. Box 1023 L2E 6X5 Dear Members: OE.... e (905) 354 -0606 Fax: (905) 354 -5541 bia@niagarafallsdowntown.com www.niagarafallsdowntown.com On behalf of the Nomination Chairman, please be advised that David Dancy, one of the recently appointed officers to the Downtown Board of Management has been unable to attend Board meetings for several months. At a recent meeting held September 7, 2006 the Board selected Sal DiPietro, co -owner of several properties on Queen Street as his replacement. City Council is being asked to ratify the appointment of this new member to the Board. Respectfully submitted Dorothy Duncan Administrative Assistant Downtown Board of Management Downtown Niagara Falls: Where Friends Make the Difference The City of Niagara Falis I Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Reporting Requirements Performance Results Corporate Services Department F- 2006 -48 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falis, 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 September 25, 2006 Re: F- 2006 -48 Municipal Performance Measurement Program Kenneth E. Burden Director That this report be received for the information of City Council and that the information be p osted to the City's Internet site no later than September 30, 2006. For the year ending December 31, 2005, the City of Niagara Falls is required to measure its performance and report the results to the City's taxpayers. In addition to reporting financial and performance data to the Province in the annual Financial Information Return, municipalities are also required to publish for the taxpayers of the municipality, the results of each of the performance indicators. Results for the year ended December 31, 2005 must be published by September 30, 2006. The publication must at a minimum include the name of the measure, the year to which it relates, and the result. A number of publication methods are available to municipalities including direct mailing, property tax bill insert, notices in newspapers, and posting on the internet. As was approved last year, staff is again recommending the posting of this report on the City's website. Identified as Appendix (A) are the results of the City's year 2005 Municipal Performance Measurement Program. As required in the publication of the results, each measure includes the name of the measure, the year in which the measure relates and the result of the measure. Also provided are explanatory comments that explain the measure and corresponding results. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 25, 2006 2 F- 2006 -48 Over the past year, BMA Management Consulting Inc. was engaged to perform an in -depth analysis of the City's financial indicators and performance measures. Staff advises that the analysis and recommendations in the BMA study are significantly more valid than the Provincial measures seen in this report. Recommended by: K. Burden Director of Finance Approved by: /ofri T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer General Government Protection Fire Transportation Roadwa s Transit Description Operating Costs for Governance and Corporate Management as a Percentage of Total Municipal Operating Costs 2005 Municipal Performance Measures 2005 Measure 5.60% Notes Total Municipal Operating Costs $93,390,218 Operating costs for Fire Services per $1,000 of Assessment $2.08 Operating Costs for Fire Services $13,388,886 Operating Costs for Paved (Hard Top) Roads per Lane Kilometre $2,684.12 Total Paved Lane Kilometres 832 Operating Costs for Unpaved (Loose Top) Roads per Lane Kilometre $2,576.35 Total Unpaved Lane Kilometres 304 Operating Costs for Winter Maintenance of Roadways per Lane Kilometre Maintained in Winter $2,331.53 Total Lane Kilometres Maintained in Winter 1136 Percentage of Paved Lane Kilometres Where the Condition is Rated Good to Very Good 46.00% Total Paved Lane Kilometres 832 Percentage of Winter Events Where the Response Met or Exceeded Locally Determined Municipal Service Levels for Road Maintenance 100.00% Total Number of Full Winter Events in 2005 8 Operating costs for conventional Transit per Regular Service Passenger Trip $6.61 Operating Costs for Conventional Transit $8,101,323 Number of Conventional Transit Passenger Trips per Person in the Service Area in a Year 16.89 Total Number of Regular Passenger Trips in 2005 1,224,883 18- Sep- 06:8:40 Environment Wastewater Description 2005 Municipal Performance Measures 2005 Measure Notes Operating Costs for the Collection of Wastewater per Kilometre of Wastewater Main $3,236.55 Operating Costs for Collection of Wastewater $2,054,860 Operating Costs for the Treatment and Disposal of Wastewater per Megalitre $644.66 Operating Costs for Treatement Dispoal of Wastewater $12,325,881 Operating Costs for the Collection, Treatment and Disposal of Wastewater per Megalitre $752.36 Operating Costs for Wastewater Collection, Treatment Dispoal $14,384,325 Number of Wastewater Main Backups per 100 Kilometres of Wastewater Main in a Year 2.3753 Total Kilometres of Wastewater Main 421 Percentage of Wastewater estimated to have by- passed Treatment 3.78% Total Megalitres of Treated Wastewater PLUS ESTIMATED Megalitres of Untreated Wastewater 19,861,867 Storm Water Operating Costs for Urban Strom Water Management (Collection, Treatment Disposal) per Kilometre of Drainage System $798.17 Operating Costs for Urban Storm Water Management $272,288 Operating Costs for Rural Strom Water Management (Collection, Treatment Disposal) per Kilometre of Drainage System $840.36 Operating Costs for Rural Storm Water Management $30,253 Drinking Water Operating Costs for the Treatment of Drinking Water per Megalitre $538.20 Operating Costs for the Treatment of Drinking Water $9,387,699 Operating Costs for the Distribution of Drinking Water per Megalitre $4,911.06 Operating Costs for the Distribution of Drinking Water $3,454,288 Operating Costs for the Treatment Distribution of Drinking Water per Megalitre $736.79 Operating Costs for the Treatment Distribution of Drinking Water $12,841,987 Weighted Number of Days When a Boil Water Advisory Issued by the Medical Officer of Health, Applicable to a Municipal Water Supply, was in Effect 0 Number of Boil Water Days 0 Number of Water Main Breaks per 100 Kilometres of Water Distribution Pipe in a Year 22.9665 Number of Water Main Breaks in 2005 96 18- Sep- 06:8:40 Solid Waste Parks Recreation Description Operating Costs for Parks per Person 2005 Municipal Performance Measures 2005 Measure Notes Operating Costs for Garbage Collection per Household $143.36 Operating Costs for Garbage Collection $4,786,092 Operating Costs for Solid Waste Diversion per Household $44.70 Operating Costs for Solid Waste Diversion $1,492,287 $37.21 lOperating Costs for Parks $2,816,873 Operating Costs for Recreation Programs per Person $14.93 Operating Costs for Recreation Programs $1,129,929 Operating Costs for Recreation Facilities per Person $47.06 Operating Costs for Recreation Facilities $3,562,612 Operating Costs for Parks, Recreation Programs Recreation Facilities per Person $99.20 Operating Costs for Parks, Recreation Programs Recreation Facilities $7,509,414 Total Participant Hours for Recreation Programs per 1,000 Persons 10,313.84 Total Participant Hours for Recreation Programs 780,448 Hectares of Open Space per Person 4.11 (Total Hectares of Open Space 311 (Total Kilometres of Trails per 1,000 Persons 1 0.079 I Total Kilometres of Trails 6 Square Metres of Recreation Facility Space per 1,000 Persons 2,662.54 Square Metres of Recreation Facility Space 201,474 Library Services Operating Costs for Library Services per Person $49.79 Operating Costs for Library Services $3,767,451 Operating Costs for Library Services per Use 1 $0.84 (Library Uses per Person 59.574 ITotal Library Uses 4,507,956 Electronic Library Uses as a Percentage of Total Library Uses 64.60% Non electronic Library Uses as a Percentage of Total Library Uses 35.40% 18 -Sep- 06:8:40 Land Use Planning Description 2005 Municipal Performance Measures 2005 Measure Notes Percentage of New Lots, Blocks /or Units with Final Approval Which are Located Within Settlement Areas 96.50% Agricultural Purposes Which was Not Re- Designated for Other Use During the Reporting Year 100.00% Agricultural Purposes Which was Not Re- Designated for Other Use Relative to the Base Year of 2000 99.80% Number of Hectares of Land Originally Designated for Agricultural Purposes Which was Re- Designated for Other Uses During the Reporting Year 0 Number of Hectares of Land Originally Designated for Agricultural Purposes Which was Re- Designated for Other Uses since January 1, 2000 14 18- Sep- 06:8:40 The City of Niagara Falls Cana Members: Community Services Department FS- 2006 -08 Fire Services 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 -6236 E -mail: pburke @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: FS- 2006 -08 Fire Services Crest Change RECOMMENDATION: That Council endorse the change of crest for Fire Services. BACKGROUND: Staff will pursue the need for a trademark. September 25, 2006 Patrick Burke Fire Chief The crest of the Fire Department has always been an integral part of the uniform worn by Fire Services. It identifies Fire Services personnel wherever we go in the City to perform our jobs and also when we go out of town on official functions. In the 1960's the crest of the Fire Department changed from a simple half moon design with only letters, to one which incorporated the coat of arms for the City. A committee was formed which consisted of firefighters and management to look into various designs. It was determined that a design which has a significant lifespan should be established. The attached design is the culmination of those efforts. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services September 25, 2006 2 FS- 2006 -08 FINANCING: Funding for the project will come from the 2006 Capital Budget. Prepared by: �n Ruddell Assistant Chief Patrick Burke Fire Chief Respectfully submitted: John MacDonald Chief Administrative Officer The City of Planning a ng Development Niagara Falls 4310 Queen Street Canada P.O. Box 1023 Niagara r F.. 11.. ON 1 I nr- nvr .1111111 .1.1. 1 web site: www.niagarafalls.ca Members: RECOMMENDATION: BACKGROUND: Corporate Services Department 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 September 25, 2006 Re: PD- 2006 -81, Sidewalk Cafe Licence Agreement with the City SWC- 02/2006, The Wild Mushroom 5633 Victoria Avenue PD- 2006 -81 Doug Darbyson Director That the City enter into and execute a Sidewalk Cafe Licence Agreement with Geoff Taylor c.o.b. as The Wild Mushroom and 471791 Ontario Inc. to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of The Wild Mushroom located at 5633 Victoria Avenue. Geoff Taylor has made application to the City for a sidewalk cafe licence agreement for a sidewalk cafe in front of The Wild Mushroom located at 5633 Victoria Avenue. The licensed area is approximately 20.62 square metres and is shown hatched on Schedule 1. The licence fee for 2006 is $515.50. The rental rate is under review for 2007. 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 reviewed by staff and is recommended for approval. Although the City's guidelines recommend the maintenance of 3.0 metres of unobstructed sidewalk in the tourist core, on August 21, 2006, Council approved the maintenance at only 2.4 metres of unobstructed sidewalk. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development "l September 25, 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: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AD:gd Attach. 2 Respectfully sub itted: S:1PDR\2006\PD2006 -81, SWC- 02 -06, The Wild Mushroom, 5633 Victoria Avenue.wpd John MacDonald Chief Administrative Officer PD- 2006 -81 THIS AGREEMENT made this 30 day of August, 2006. BETWEEN: GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM Hereinafter called the "Licensee" and 471791 ONTARIO INC. Hereinafter called the "Owner" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; of the THIRD PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk along Victoria Avenue 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 471791 Ontario Inc. is the owner of 5633 Victoria Avenue more particularly described in Schedule "B" attached hereto (hereinafter referred to as the "Licensee's land which is leased to Geoff Taylor carrying on business as The Wild Mushroom; 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 1St 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, -2- 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 1St, 2006 and shall terminate on October 31St, 2011, subject to its earlier termination. 4. The Licensee shall pay a fee of Five Hundred Fifteen Dollars and Fifty Cents ($515.50) 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 The Licencee: Geoff Taylor c/o 5633 Victoria Avenue Niagara Falls, ON L2G 3L5 Telephone: (905) 356 -7978 The City: -3- 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 "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 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. -4- (2) 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 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 patty 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 -5- 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 of the Municipal Act, P.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. -6- IN WITNESS WHEREOF the Owner hereto has hereunto set his hand and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporation. In The Presence Of 471791 ONTARIO INC. 7. Name: Title: Name: Title: Name: s 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 August 30 2006 between GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM and 471791 ONTARIO INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS -7- -8- SCHEDULE "B" to an Agreement dated August 30 2006 between GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM and 471791 ONTARIO INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Lot 127 Plan 1002 Town of Niagara Falls as in R0368758; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64344- 0106(LT). -9- SCHEDULE "C" to an Agreement dated August 30t 2006 between GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM and 471791 ONTARIO INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Niagara Fails Cad SIDEWALK CAFE. GUIDELINES Planning and Development Council Approval Septobcr 12, 1994 Revised M r h'24O3 Sidewalk Cafe Guidelines Introduction: The information contained in the Sidewalk Caf6 Guidelines is intended tar serve as a general guide to those wishing to establish a sidewalk cafo 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 8`c 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 cafo shall conform to any applicable provisions of the Zoning By -law, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: 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 ofmunicipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where moms 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. KG,t Wan= vr.. IOW mar ofn .4 14 i.,: i 0;iacit. Y :f 1 P P"*1 f v. r or -2 Zonfng: 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 Bylaw 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 bylaws 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 24 metres (8 feet) lithe sidewalk cafe 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 cafes shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT s a1 :‘,3, ii 4v.,.......„.,,,,,,,.„3.44,,,„..... Ill 1 11111i1111111 f i a 1 ,4 111111 .�i/ ij 'i�. v' 17411111111111fillill ''IMISIIIINIMiliMari MI :tit 1111111111110110 111� `r"' i:eN111111 "Niminipiiiiitiirwriimimmium 7 "cs,111,11011111110111111111116d1111641111111111141.1111101111111Milir Placement The placement of a sidewalk cafe will abut the prop city where the relatedrestaurant use is located. Alternatively, the sidewalk cafe may, be 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. Wham a sidewalk cafe is to extend into the area in front of an abutting property/business, written consent ofthe affectedproperty/business owne ,mustbe provided at the tithe of application. Thet sidewalk cafe may be located at the front or exterior side of a restaurant use. 3 Design: 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 befree 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 caf6 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 putted on the public portion of the sidewalk caf6. 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: 4 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 caf6 for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk caf6 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 shall agree to save harmless the City for anymatter arising 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 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 caf6 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 shall be removed from Cityproperty at the end of the season in accordance with the tens 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 caf6. Other Regulations The operator of an outdoor sidewalk caf6 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:tc SNSIDENALKOENBRAL1auidelines.wpd Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2006 -28 Parks, Recreation Culture 7150 Montrose Road Unit 1 Niagara Falls, ON L2H 3N3 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: dmorrissey @niagarafalls.ca September 25, 2006 Re: R- 2006 -28 Robert F. Keighan Park Development Natural Skating Pond Construction Change Order 1 Denyse Morrissey Director That Stevensville Lawn Service Inc. be authorized to complete additional work to the existing Tender TR8 -2006 to construct a natural skating pond for a total cost of $19,448.50 including GST. That the Robert F. Keighan Park Neighbourhood Committee contributes 50% of the cost of this construction or $9,724.25 as a condition of the work commencing. At the July 10, 2006, Council meeting, Mr. Jeff Keighan addressed Council and requested additional funds to install other park amenities including a Natural Skating Pond and also requested that the City pay for 50% of the cost. Council requested staffto prepare a report addressing the costs and justification for a natural skating pond and report back to Council with a recommendation. Staff was working toward the report requested on July 10, 2006. Representatives from the Robert F. Keighan Park Neighbourhood Committee addressed Council again on September 11, 2006, and requested that the natural skating pond be incorporated into the park development and that 50% of the cost would be paid for by the City. Also, at this meeting, Council directed staffto proceed with this park amenity and approved a $10,000 contribution toward the cost for this additional work. Staff had indicated to Council that the estimated cost for the pond which was not included in the original tender was expected to be in the range of $14,000 to $20,000 and the costs would be confirmed. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services September 25, 2006 2 R- 2006 -28 Staff requested the general contractor to provide an additional quotation for the extra work to be performed. The price provided by Stevensville Lawn Service Inc. totals $19,448.50 including GST. The work includes excavation for the pond and grading, concrete weir overflow, catch basin, gate valve, and a water line. The contractor is prepared to complete this work within his contract under Change Order No. 1. The asphalt walkway to the edge of the pond and landscape boulders adjacent to the walkway, totaling $7,240.00 including GST, are not included in the quotation. Prep ed by: Respectfully submitted: a JD /das glas e Architect Recommended by: I Pt 74, Denyse Morrissey Director of Parks, R creation Culture S: \Council \Counci12006\R 2006 -28- Robert F. Keighan Park Development Change Order 1.wpd John MacDonald Chief Administrative Officer Niagara Falls I The City of Canada Members: Corporate Services Department CD- 2006 -14 Clerk's 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 -7404 E -mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: CD- 2006 -14 Notice of Motion September 25, 2006 RECOMMENDATION: That Council consider the notice of motion. BACKGROUND: Alderman Ioannoni brought forward the following notice of motion: Dean lorfida City Clerk That the commitment to the Downtown Revitalization be limited to $12 million for necessary improvements to the existing infrastructure; and That the $12 million be comprised in part by the $5.6 million from the sale of the Montrose Road property that Council has already approved for use for the revitalization. It will be up to Council to consider the motion on its merits; however, Council should be made aware of the following additional information: The 2006 -2010 Capital Projects Budget includes $36,120,000 for the Downtown Revitalization Project. The project spans 2006 to 2008, and includes expenditures for Municipal Works, Parks, Parking and related due diligence. The project cost does not include the Community Improvement Plan Financial Incentive costs, nor any land acquisition or disposition costs. The major funding for the project is from Land Sale Proceeds, Reserve Funds and Debentures. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 25, 2006 2 CD- 2006 -14 The Council approved obtaining an independent marketing study and business p lan regarding the Downtown. The study and plan will be key materials in approaching senior levels of government regarding the securing of resources. The time line for the marketing and business plan is anticipated at three to four months. It is hoped that by the 2007 budget period, the City will have received some feedback from the other levels of government regarding possible funding for the Downtown project. During the 2007 budget deliberations, the Council of the day will have to determine how much it will commit to the Downtown Revitalization project. A motion adopted by Council (i.e., a resolution) is an expression of that Council's will or expression of opinion on a particular matter, at a particular time. Therefore, if this Council were to pass the notice of motion before it this evening, it does not bind the next Council. Finally, a comment on notices of motion: although Niagara Falls City Council has not been in the habit of giving such notice, it is a commendable practice. A notice of motion gives the other Council members some prior warning so that they are not called upon to consider a matter unexpectedly and it allows staff to provide any necessary background reports related to the substance of the motion. Recommended by: R ectfully submitted: Dean Tor a CityC1-rk Approved by: T. Ravend Executive Director of Corporate Services John MacDonald Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish part of a road allowance being Parts 1 and 2 on Reference Plan 59R -13193 as a public highway, to be known as and to form part of Fourth Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that the council of every municipality may pass by -laws for establishing highways; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 76 Stamford being Parts 1 and 2 on Reference Plan 59R 13193, in the City ofNiagara Falls, in the Regional Municipality ofNiagara, be established for public highway purposes. 2. That said Parts 1 and 2 on Reference Plan 59R -13193 that are hereby established as a public highway, be known as and form part of Fourth Avenue. Passed this twenty -fifth day of September, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2006. September 25, 2006. September 25, 2006. A by -law to establish Parts 2 and 3 on Reference Plan 59R -12689 as a public highway, to be known as and to form part of Willowdell 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 Lot 10 Concession 6 Willoughby being Parts 2 and 3 on Reference Plan 59R- 12689, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 2 and 3 on Reference Plan 59R -12689 that are hereby established as a public highway, be known as and form part of Willowdell Road. Passed this twenty -fifth day of September, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2006. September 25, 2006. September 25, 2006. CITY OF NIAGARA FALLS By -law No. 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Geoff Taylor c.o.b. as The Wild Mushroom and 471791 Ontario Inc., respecting the licencing of a sidewalk cafe over a portion of City sidewalk in front of The Wild Mushroom located at 5633 Victoria Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated August 3 0, 2006 and made between Geoff Taylor c.o.b. as The Wild Mushroom as Licensee, and 471791 Ontario Inc. as Owner, and The Corporation of the City of Niagara Falls as City, respecting the licencing of a sidewalk cafe in front of 5633 Victoria Avenue, 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 -fifth day of September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2006. September 25, 2006. September 25, 2006. THIS AGREEMENT made this 30 day of August, 2006. BETWEEN: GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM Hereinafter called the "Licensee" 471791 ONTARIO INC. Hereinafter called the "Owner" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; of the THIRD PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk along Victoria Avenue 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 471791 Ontario Inc. is the owner of 5633 Victoria Avenue more particularly described in Schedule "B" attached hereto (hereinafter referred to as the "Licensee's land which is leased to Geoff Taylor carrying on business as The Wild Mushroom; 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 S` 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, -2- 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 1st, 2006 and shall terminate- on October 31st, 2011, subject to its earlier termination. 4. The Licensee shall pay a fee of Five Hundred Fifteen Dollars and Fifty Cents ($515.50) 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 "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 Licencee: Geoff Taylor c/o 5633 Victoria Avenue Niagara Falls, ON L2G 3L5 Telephone: (905) 356 -7978 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 (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. -4- (2) 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 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 patty 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 -5- 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 of the Municipal Act, P.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. -6- IN WITNESS WHEREOF the Owner hereto has hereunto set his hand and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporation. In The Presence Of 471791 ONTARIO INC. Name: Title: Name: Title: Name: S FF T OR 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 August 30 2006 between GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM and 471791 ONTARIO INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS -7- 0 o 4 o 0 0 Q. Q4- (p- BV 1 z f-• Y u1 1 0 0 0 0 0 4 0 0 0 4� 1 7 -8- SCHEDULE "B" to an Agreement dated August 30 2006 between GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM and 471791 ONTARIO INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Lot 127 Plan 1002 Town of Niagara Falls as in R0368758; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64344- 0106(LT). -9- SCHEDULE "C" to an Agreement dated August 30 2006 between GEOFF TAYLOR c.o.b. as THE WILD MUSHROOM and 471-791 ONTARIO INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Niagara Falls Canada SIDEWALK CAFE GUIDELINES Planing and Development Council Approval September 12, 1994 wed Mar h'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 sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions 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 Gamin Commission of Ontario (AGCO). Each application will be reviewed on its individual malt, particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City of Niagara 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. Thei 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: 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 ofmunicipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seatingwhere 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. 0:71rAtt Wanaa it U.k• 01.4 «w• Oro' 7...... 0.At...... .orni.fiiiiict k k ./.•;0*. i fi. i ✓r ice r� i rr, Criteria: -2 Zoning: 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 ofNiagara 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 when applicable. Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sid walk width of 3.0 metros (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 heavypedestrian 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 s X MOON 4 i oat IMIN/N1411 a■....w 1,,Iireirial il v ti 'r f,et S1..�1►�►tnMNrei Vtit:.0 1 alit� rw0 6tils ka -%4r.% 1 1 3- 111/11111101111111L j i 1�.�� Zfrilifiliiiiiiiiiii j s i 1 11111 MM iiiiiiiiiiii •liniariiiiiiiiiiiiihillillilliii.111111 111r Isl aiSargra t!1ltws Placement The placement of a sidewalk cafe will abut the propertywhere the relatedrestaurant use is located. Alternatively, the sidewalk caf6 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 pddestrian movement criteria. When a sidewalk cafe is to oxtend into the area in front of an abuttingpropcatyibusiness, written consent ofthe affectedproperty/business ownermustbeprovided at the time of application. Tim sidewalk cafe may be located at the front or exterior side of a 'restaurant use, Design: 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 ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. 3 Access The sidewalk cafe sh.11 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 caf6 shall not impede any exiting 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 adverselyirnpact 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 agreement with the City has been obtained. A.11 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 entezing into an agreement, Notice of application must be posted in a conspicuous position on the front of the building which can be road 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 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 The sidewalk caf6 owner /operator shall agree to save harmless the City for anymatter arising a result of the sidewalk caf6 and its operation byway of a certificate of insurance in a form acceptable to tho 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 ofNiagara 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 l 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 shall be removed from Citypropety at the end of the season in accordance with the tenus 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 I, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk caf6 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 caf6. Other Regulations The operator of an outdoor sidewalk caf6 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. �smawhtIcVoENBRA .0 uiaeli,u.wpa THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW No. 2006- A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Parking Prohibited, Standing Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Pinestone Road at Stonehaven Avenue Southbound on Stonehaven Avenue (2) By removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HICHWAY SIDE BETWEEN TIMES OR DAYS Fourth Ave. West Jepson St. and Armoury St. At any time Fourth Ave. West Valley Way and Jepson St. At any time Fourth Ave. East Valley Way and Armoury St. At any time High Street North Depew Avenue and Woodland Boulevard At All Times (3) By adding to the specified columns of Schedule C thereto the following items: COLUMN 1 Fourth Avenue East COLUMN 2 PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Fourth Avenue West Fourth Avenue West Fourth Avenue East Jepson Street and a point 20 metres South of Valley Way High Street South Valley Way and a point 20 metres Jepson Street and a point 20 metres North of Jepson Street Depew Avenue and Woodland Boulevard (4) By adding to the specified columns of Schedule B thereto the following item: STANDING PROHIBITED COLUMN 3 Valley Way and a point 20 metres outn or valley way This By -law shall come into force when the appropriate signs are installed. COLUMN 4 TIMES OR DAYS At any time At any time At any time At any time COLUMN 4 At any time Passed this twenty -fifth day of September 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: September 25, 2006 Second Reading: September 25, 2006 Third Reading: September 25, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize an agreement with the Corporation of the City of Niagara Falls and George Gordon Wright Jr. and Shirley Anne Wright for an exchange /purchase of lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS 1. An agreement dated September 25, 2006, 2006 between the City ofNiagara Falls and George Gordon Wright Jr. and Shirley Anne Wright, in the form attached hereto (the agreement), providing for an exchange /purchase of lands described as Parts 1 and 2 on Reference Plan 59R -13003 for the purpose of constructing a cul -de -sac, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The City Solicitor is hereby authorized to take all necessary steps to carry out the intent of this by -law. 4. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -fifth day of September, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2006. September 25, 2006. September 25, 2006. THIS AGREEMENT made the day of June, A.D. 2006 BETWEEN: "lands 3. The Corporation of the City of Niagara Falls Hereinafter called the "City of the FIRST PART; and George Gordon.Wright Jr. and Shirley Anne Wright Hereinafter referred to as "Wright" WHEREAS the City is the registered owner of the lands firstly described in Schedule "A attached hereto; and WHEREAS Wright is the registered owner of the lands secondly described in Schedule "A attached hereto; and WHEREAS the parties wish to exchange lands as hereinafter set forth, subject to the terms of this agreement, for the purpose of facilitating the widening of roads in the City of Niagara Falls and the development of lands owned by Wright. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the amounts referred to herein and the mutual terms and conditions set forth, the Parties agree as follows: 1. The Parties agree that the recitals in this agreement are true and accurate and shall form part of the agreement. 2. The lands affected by this agreement are described in Schedule "A attached hereto, and are hereinafter referred to as the of the SECOND PART 4. The Parties agree to the following exchange of lands: i. The City agrees to sell and Wright agrees to buy the lands firstly described in Schedule for the sum of $1,240.00; and ii. Wright agrees to sell and the City agrees to buy the lands secondly described in Schedule "A" for the amount of $1,575.00. 5. The following terms and conditions shall apply to the exchange of lands described in paragraph 3 with the understanding that the term "Vendor" shall refer to the Party selling or conveying lands, as the case may be, and the term "Purchaser" refers to the Party buying or acquiring the lands, as the case may be: i. The Purchaser agrees to pay the Vendor the balance of the Purchase Price, by certified cheque, subject to the usual adjustments, on the closing of this transaction. ii. The Vendor agrees to obtain and register, on or before closing, valid discharge(s) of any existing mortgages, liens or encumbrances on the real property, at its own expense. iii. The Purchaser shall not call for the production of any title deeds, abstract, survey or evidence of title except such as are in the possession or control of the Vendor. The Vendor agrees that, if requested by the Purchaser, he will deliver any existing survey, in its possession or within its control, to the Purchaser as soon as possible and prior to the last day allowed by examining title. iv. The deed or transfer shall, save and except for the Land Transfer Tax Affidavit, which shall be prepared and completed by the Purchaser, be prepared in a registerable form by the Vendor. v. The Purchaser shall be allowed up to 10 days prior to the date of closing, to examine title to the property, at its own expense, and to satisfy itself that there are no outstanding work orders affecting the property. If- within that time any valid objection to title is made in writing to the Vendor, or its Solicitor, which the Vendor shall be unable or unwilling to remove and which the Purchaser will not waive, the contract arising out of the acceptance of this Offer shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and all monies shall be returned by the Vendor without interest and it shall not be liable for any damages or costs. Save as to any valid objection so made within such time, the Purcha -ser shall be conclusively deemed to have accepted the title of the Vendor to the real property. vi.This agreement shall be completed 30 days after the agreement is executed by all parties or sooner if mutually agreed upon. vii. Provided that the title to the property is good and free from all encumbrances except as aforesaid and except for any registered restrictions or covenants that run with the land providing that such are complied with and except for any minor easements to public utilities required for the supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection to title, or to any outstanding work order, or to the fact the said present use may not lawfully be continued, is made in writing to the Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement, notwithstanding any immediate acts or negotiations in respect of such objections, shall be at an end and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root ofi title, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the property. viii. On the closing of this transaction, the Vendor shall convey the said lands to the Purchaser by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, except as to any restrictions or covenants and except for any easements or unless otherwise provided herein and shall deliver vacant possession of the said lands to the Purchaser free of all tenancies. ix.Taxes, local improvements, water and assessment rates shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Purchaser). x. This agreement and its acceptance is to be read with all changes of gender or number required by the context. xi.Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or their respective solicitors acting for either party from whom tender is desired on the day set for completion of the Agreement. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. xii. It is understood and agreed that Goods and Services Tax "GST shall be the sole responsibility of the Purchaser. In this context: (a) The Purchaser shall be registered under subdivision d of Division V of the Part IX of the Excise Tax Act (Canada) (the "Act for the collection and remittance of GST; (b) The Purchaser shall be liable, shall self- assess and remit to the appropriate governmental authority all GST which is payable under the Act in connection with the transfer of the Real Property made pursuant to the Agreement, all in accordance with the Act; (c) The Vendor shall not collect GST on Closing and shall allow the Purchaser self- assess and remit GST to the Receiver General in accordance with the Act; (d) The Purchaser shall indemnify and save harmless the Vendor from and against any all GST, penalties, costs and /or interest which may become payable by or assessed against the Vendor as a result of any inaccuracy, misstatement or misrepresentation made by the Purchaser on the Closing Date in connection with any matter raised in this paragraph or contained in any declaration referred to herein; and (e) The Purchaser shall tender on closing a certificate and indemnity including verification of its registration number issued by Revenue Canada under the Act. xiii.Time shall in all respects be of the essence of this Agreement, which shall ensure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns. xiv. The Vendor covenants, represents and warrants to the Purchaser that the Vendor is not now and shall not on the Closing Date, be a non resident of Canada within the meaning ascribed thereto in the Income Tax Act (Canada)." xv.Any tender of documents (other than the Transfer /Deed of Land) or money hereunder may be made upon the Vendor or the Purchaser, or upon their respective solicitors on the Closing Date. If the electronic registration system (the "Teraview Electronic Registration System" or "TERS is operative on a mandatory or optional basis in the applicable Land Titles Office in which the Real Property is registered, the following provisions shall prevail: (a) Each of the Purchaser and Vendor shall be obliged to retain a solicitor who is both an authorized TERS user and in good standing with the Law Society of Upper Canada, and who are hereby authorized by the parties hereto to enter into a document registration agreement in the form adopted by the Joint LSUC -CBAO Committee on Electronic Registration of Title Documents on September 19, 2000 or any successor version thereto (the "Document Registration Agreement" or "DRA together with the additional requirement that the registering solicitor shall aleo be obliged to provide the non registering solicitor with a copy of the registration report printed by TERS upon the registration thereof, recipient party or by its solicitor. within one (1) business day of the Closing Date. It is understood and agreed that the DRA shall outline or _establish the procedures and timing for completing this transaction electronically and shall be executed by both the Vendor's solicitor and the Purchaser's solicitor and exchanged by courier or fax between such solicitors (such that each solicitor has a photocopy of telefaxed copy of the DRA duly executed by both solicitors) by no later than five (5) days before the Closing Date; (b) The delivery and exchange of documents, monies and keys to the Real Property and the release of them to the Vendor and Purchaser, as the case may be: (i) Shall not occur contemporaneously with the registration of the Transfer /Deed of Land; and (ii) Shall be governed by the DRA, pursuant to which the solicitor receiving any documents, keys and /or certified funds will be required to hold them in escrow, and will not be entitled to release them except in strict accordance with the provisions of the DRA. (c) Each of the parties hereto agrees that the delivery of any documents not intended for registration on title to the Real Property may be delivered to the other party's solicitor by fax transmission (or by a similar system reproducing the original), provided that all documents so transmitted have been duly and properly executed by the appropriate parties /signatories thereto. The party transmitting any such documents shall also deliver the originals of same to the recipient party's solicitor within two (2) business days after the Closing Date, if delivery of the originals has been so requested by the (d) Notwithstanding anything contained in this Agreement or in the DRA to the contrary, it is expressly understood and agreed by the parties hereto that an effective tender shall be deemed to have been validly made by either party (in this paragraph called the "Tendering Party upon the other party (in this paragraph called the "Receiving Party when the solicitor for the Tendering Party has: (i) Delivered all applicable closing documents, keys and funds to the Receiving Party's solicitor in accordance with the provisions of the DRA; (ii) Advised the solicitor for the Receiving Party, in writing, that the Tendering Party is ^ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; and (iii) Completed all steps required by TERS to complete this transaction that can be performed or undertaken by the Tendering Party's solicitor without the cooperation or participation of the Receiving Party's solicitor, and specifically when the Tendering Party's solicitor has electronically "signed" the Transfer /Deed for completeness and granted "access" to the Receiving Party's solicitor (but without the Tendering Party's solicitor releasing them for registration by the Receiving Party's solicitor), without the necessity of personally attending upon the Receiving Party or the Receiving Party's solicitor with the documents, keys and /or funds, and without any requirements to have an independent witness evidencing the foregoing. xvi. The Parties agree that this transaction shall be conditional upon the City approving the Site Plan, it being understood that the registration of the Site Plan Agreement will occur as soon as the land exchange is concluded. IN WITNESS WHEREOF the parties have caused this agreement to be executed by affixing their corporate seals attested by the signature of their proper officers duly authorized in that behalf. Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this day of 2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS R. Ted Salci, Mayor Dean Iorfida, City Clerk We have the authority to bind the corporation George Gordon Wright Per Shirley Anne Wright Per FIRSTLY: Schedule "A" to an Agreement dated this day of June, 2006 between The Corporation of the City of Niagara Falls and George Gordon Wright Jr. And Shirley Anne Wright. Part 2 on Plan 59R -13003 SECONDLY: Part 1 on Plan 59R -13003 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, Y pp ty p yees, agents and third parties for the enforcement of provincial or municipal by-laws. p y 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 "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2006- 103 is hereby repealed. Passed this twenty -fifth day of September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2006. September 25, 2006. September 25, 2006. 1. Chief Building Official: John Castrilli 2. Acting Chief Building Official: Ed Dujlovic 3. Inspectors: Tammy Agnoletto Wayne Allen Louie Baldinelli Brian Biggins Patrick Burke Luciano Chieca Brian Dickson Effat Effat Sandro Elia Jim Jessop Bob Judge John Kedzierski Todd Maiuri Carmen Mignelli Rodney Milojevich Tom Neufeld Nick Pietrangelo Roger Pigeon Colin Ruddell Fred Sacco Mark Slinn Lee Smith Ron Waters 4. Property Standards Officers: Christel Meyer Brian Sparks SCHEDULE "A" A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25t day of September, 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 25 day of September, 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 ofNiagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -fifth day of September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2006. September 25, 2006. September 25, 2006. CITY OF NIAGARA FALLS By -law No. 2006 Council Arena Matters Notice of Motion ADDITIONS TO COUNCIL, MONDAY, SEPTEMBER 25, 2006 1. Copy of a Sponsorship package for Nostalgiafest from the Niagara Falls People for Progress 9 p g and the Niagara Falls Downtown Board of Management. 1. A request that Steve Ludzik and Ernie Coetzee be added to the list of speakers on tonight's p fight s agenda. 2. C.N. Watson financial analysis. PD 2006 82 Pedestrian Deck Agreement Marriott Fallsview Hotel 1. Correspondence from Italia Gilbert' requesting a deferral of PD 2006 82, Pedestrian Deck Agreement matter on behalf of her client. 2. Correspondence from Tony Zappitelli, Sheraton Fallsview, requesting uestin to address Council on Monday Sept. 25 3. Correspondence from John Kernahan, Niagara Parks Commission. 4. Correspondence from Peter J. Lesdow, re: Pro osed Marriott Fallsview allsview Hotel. 5. Correspondence from David Hastings, Director, IBI Group. Communications 1. New York Ontario Shrine Association requesting a flag raisin g on September 28 and a p letter of welcome and photo from the Mayor of Niagara Falls. RECOMMENDATION: For the Approval of Council 1. Request from Chairman Cal Beresh to address Council regarding the issue of limiting the funding g g for the Downtown Revitalization to $12 million. 2. Correspondence from Joe Mrkalj re: downtown revitalization project. Council Information 1. Media Release City Council will Continue to Pursue New Arena Facilities 2. Alderman Wayne Campbell's mother, Hazel Doreen Campbell passed away on Friday. There will be a Service of Remembrance at Stamford Presbyterian Church on Wednesday, September 27 at 11:00 a.m. Teresa Fabbro nostalgiafest sponsor package From: "Aaron Beaudoin" <creations@abovethefold.ca> To: <diorfida@niagarafalls.ca>. Date: 9/21/2006 12:08 PM Subject: nostalgiafest sponsor package Hello Dean, Thanks again for showing your support on Monday. 1 have attached the sponsorship package for Nostaigiafest for Monday night's council. We will be asking the city to become a sponsor and show their support for the event. 1 assume 1 send this to you in order for staff to make their recommendations. Sincere Regards Aaron itectotin Page 1 of 1 file://C:\nocuments and Settings\tn206\Local Settings\Ternp\GW100001.1-1TM 9/22/2006 Niagara all 'People for Progress and. the Niagara Falls Downtown. Board of Managem.ent. are pleased to bring you Nosta liafest '07, a celebration of the 'Glory Days of Downtown Niagara Falls. There truly is no better time to experience the rich history of the downtown core than during this two-day festival featuring antiques displays, historical tours, classic car shows, children's activities, entertainment, food, wine and more Be a part of this .event while being a part of history in. the making! if ster Ste. Croix, chair 1 ntown Niagara .411s is sa place rich with histo character and spirit that cannot be duplicated. Peel awa the layered facades and you'll learn the stories of those who truly believed in the prosperity of this special place. 'Mother, these- pioneers of business set out to 'build a bourhood where peopk cotad gather and enjoy the many sights an.d sounds of downtown. And., for decades, thaf$3. exactly What till ok at any photograph of (iovnto11 int and very active dow core. Find out more online at www.peopleforprogess.cal .ft a 11 Those who experienced downtownts heyday will tell: you stories. about Rogberes the Metropolitan and even sharementories of 'how: the smell of fresh roasted peanuts filled the air as they headed into the lot .dnema„ Toda)c on the dawn f a etalized do We must look tothe past as a guide for tile future. this reason, :Peo Progress and the Niagara Falls. Downtown Board of an.4gement: present Nostaliafest '07, a celebration of the ry Dos" of Downtown Nia gara There truly is no better time to experience the rich history of downtown than -during this two.day festial .featuring antiques displays historical tours, sclassic car 'shows, children's Activities, entortainment, food,..wint and so much more. This event is destined to become an annual celebration as downtown undergoes a major rebirth. We invite you to be a part of histo ry in the rnaking. Please review the 'following pages which outline: our sponso opportunties. We ...look :forward to partnering with. you on this uniqu:„ venture. For further information, please call (905) 3.57 eaudoin„ co-chair TITLE SPONSOR $20,000 Make Nostaliafest '07 your event! Your company name and logo will be incorporated into our event title and will be featured on all festival marketing materials including: Nostalgiafest '07 Web site Nostalgiafest '07 Rack Cards (5,000) Nostalgiafest '07 Posters (1,000) Nostalgiafest '07 Tickets Nostalgiafest 1 �7 Signage Your company name and logo will also be featured on all press releases and in all print and radio advertising including: Niagara Falls Review Niagara This Week GIANT FM 91.7 105.1 The River JUNE 10, 2007 Find out more at IN As an added benefit, your company logo will be displayed for all to see on windows of the festival's Queen Street offices for an entire year. In addition, title sponsors will receive two complimentary VIP parking passes, 25 Nostalgia Bucks per day, and admission to the VIP tent and an invitation to our media launch. To further discuss sponsorship opportunties, please call Lester Ste. Croix at (905) 932-6415 or Aaron Beaudoin at (905) 380-6871. JTJNE :9 10, 2007 PRESENTING SPONSOR $7,500 Put your company centre stage! Your company name and logo will be featured on all festival marketing materials including: Nostalgiafest '07 Web site Nostalgiafest '07 Rack Cards (5,000) Nostalgiafest '07 Posters (1,000) Nostalgiafest '07 Signage Your company name and logo will also be featured on all press releases and in all print and radio advertising including: Niagara Falls Review Niagara This Week GIANT FM 91.7 105.1 The River As an added benefit, your company logo will be displayed for all to see on windows of the festival's Queen Street offices for an entire year. In addition, entertainment sponsors will receive one complimentary VIP parking pass, 15 Nostalgia Bucks per day, and admission to the VIP tent and an invitation to our media launch. To further discuss sponsorship opportunties, please call Lester Ste. Croix at (905) 932-6415 or Aaron Beaudoin at (905) 380-6871. Find out more at www.peopleforprogTess.ca. SUPPORTING SPONSOR $2,500 Show your support! As a supporting sponsor, your company logo will be featured on the following festival marketing materials: Nostalgiafest '07 Web site Nostalgiafest '07 Rack Cards (5 ,000) Nostalgiafest '07 Posters (1,000) Your company name and logo will also be featured on all press releases and in all print advertising including: Niagara Falls Review Niagara This Week. As an added benefit, your company logo will be displayed for all to see on windows of the festival's Queen Street offices for an entire year. To further discuss sponsorship opportunties, please call Lester Ste. Croix at (905) 932-6415 or Aaron Beaudoin at (905) 380-6871. Find out more at www.peopleforprogress.ca1i JUNE 9 1U, 20Q7 FRIEIJD OF THE FESTIVAL $750 Get involved any way you can! As: a Friend of the Festival, your company logo will be featured on the following festival marketing materials: Find out more at www.peopleforprogress.ca li Nostalgiafest '07 Web site Your company name will also be featured on all press releases. As an added benefit, your company logo will be displayed for all to see on windows of the festival's Queen Street offices for an entire year. To further discuss sponsorship opportunties, please call Lester Ste. Croix at (905) 932-6415 or Aaron Beaudoin at (905) 380 -6871. From: "Ernie Coetzee" <ECoetzee @RZCDLAW.COM> To: "Dean lorfide" <diorfida @niagarafalls.ca> Date: 9/24/2006 11:28:22 AM Mr. lorfida, Please add Steve Ludzik and the undersigned to the list of speakers at the upcoming City Council meeting on September 25 concerning the arena project. Thanks JDS Delcor Inc. 77 City Centre Drive Suite 700 Mississauga, Ontario L5B 1M5 Attention: Ernest Coetzee Tel: (905) 848 -6100 Ext 222 Fax: (905) 896 -1111 E -mail: ecoetzee@rzcdlaw.com CAUTION PLEASE READ NOTICE BELOW This e -mail may contain confidential information. Any deliberate interception of this e-mail will result in prosecution. If you have received this e-mail in error, please notify us immediately and destroy the original e-mail without making a copy. This e -mail does not constitute legal advice unless we are presently retained by you, and then only for this particular Matter. If you are a client, DO NOT FORWARD this e-mail to anyone without prior legal advice. 1 TABLE 1 CITY OF NIAGARA FALLS TWIN ICE PAD COMPARISON TWO STANDARD COMMUNITY PADS' 1 50% of the City's 2006 budgeted user fees of $1.3 million plus 20% increase to recognize p otential revenue benefits of new facilities 50% X 1.2 X $1.3 million $780,000. Remaining 50% of revenues allocated to Stamford /Jack Bell and Chippawa. 2 3% for 38 years (Factor 22.492) 3 Both options make standard community pads available to City 4 Rental of full prime time hours for two full pads would additionally cost 9,064 hours 6,600 hours 2,464 hours X $225 /hour $554,400 /year. $544,400 /year for 38 years has a present value of $12,470,000, which is an added JDS cost to produce an equal comparison. Note: The City will continue to incur the net annual operating costs of Stamford /Jack Bell and Chippawa, under either option. Therefore $44.5 million is the estimated cost to the City of the presence of the OHL franchise and the sports and entertainment facility. C.N. Watson and Associates Ltd. (25/09/2006) H: \niagFall \twin ice pad comp (two) JDS Proposal City Construct Option City Cost Reduction Capital Cost 23,000,000 10,000,000 13,000,000 Less: Capital Funding s.37 Agreement 1,500,000 1,500,000 Naming Rights n/a 750,000 750,000 NFMA Land Sale 706,000 706,000 Fundraising n/a 1,500,000 1,500,000 Net Capital Cost 20,794,000 5,544,000 15,250,000 Annual Operating Cost 1,845,000 1,200,000 645,000 Less: User Fees 780,000 780,000 I Rents, Concessions and Advertising 100,000 100,000 Net Annual Operating Cost 1,065,000 320,000 745,000 Present Valuer 23,954,000 7,197,000 16,757,000 Total Cost Present Value 44,748,000 12,741,000 32,007,000 Addl. JDS 38 year cost for 2 full ice surfaces 12,470,000 12,470,000 Present Value for 2 full ice surfaces 57,218,000 2 12,741,000 44,477,000 1 TABLE 1 CITY OF NIAGARA FALLS TWIN ICE PAD COMPARISON TWO STANDARD COMMUNITY PADS' 1 50% of the City's 2006 budgeted user fees of $1.3 million plus 20% increase to recognize p otential revenue benefits of new facilities 50% X 1.2 X $1.3 million $780,000. Remaining 50% of revenues allocated to Stamford /Jack Bell and Chippawa. 2 3% for 38 years (Factor 22.492) 3 Both options make standard community pads available to City 4 Rental of full prime time hours for two full pads would additionally cost 9,064 hours 6,600 hours 2,464 hours X $225 /hour $554,400 /year. $544,400 /year for 38 years has a present value of $12,470,000, which is an added JDS cost to produce an equal comparison. Note: The City will continue to incur the net annual operating costs of Stamford /Jack Bell and Chippawa, under either option. Therefore $44.5 million is the estimated cost to the City of the presence of the OHL franchise and the sports and entertainment facility. C.N. Watson and Associates Ltd. (25/09/2006) H: \niagFall \twin ice pad comp (two) TABLE 2 CITY OF NIAGARA FALLS TWIN ICE PAD COMPARISON CITY OPTION UPGRADED 1 50% of the City's 2006 budgeted user fees of $1.3 million plus 20% increase to recognize potential revenue benefits p s of new facilities 50% X 1.2 X $1.3 million $780,000. Remaining 50% of revenues allocated to Stamford /Jack Bell and Chippawa. 2 3% for 38 years (Factor 22.492) 3 Includes 3,000 seat and 500 seat facility 4 Rental of full prime time hours for two full pads would additionally cost 9,064 hours 6,600 hours 2,464 hours X $225 /hour /hour $554,400 /year. $544,400 /year for 38 years has a present value of $12,470,000, which is an added JDS cost to produce an equal comparison. Note: The City will continue to incur the net annual operating costs of Stamford /Jack Bell and Chippawa, under either option. Therefore $29.0 million is the estimated cost to the City of the presence of the OHL franchise and the sports and entertainment facility. C.N. Watson and Associates Ltd. (25/09/2006) H:lniagFall\twin ice pad comp (city) ti 4 JDS Proposal City Construct Option City Cost Reduction Capital Cost Less: Capital Funding 23,000,000 21,000,000 2,000,000 s.37 Agreement 1,500,000 1,500,000 Naming Rights n/a 750,000 750,000 NFMA Land Sale 706,000 706,000 Fundraising n/a 1,500,000 1,500,000 Net Capital Cost 20,794,000 16,544,000 4,250,000 Annual Operating Cost 1,845,000 1,500,000 345,000 Less: User Fees 780,000 1 780,000 1 Rents, Concessions and Advertising 200,000 200,000 Net Annual Operating Cost 1,065,000 520,000 545,000 Present Valuer 23,954,000 11,696,000 12,258,000 Total Cost Present Value 44,748,000 28,240,000 16,508,000 Addl. JDS 38 year cost for 2 full ice surfaces 12,470,000 12,470,000 Present Value for 2 full ice surfaces 57,218,000 2 28,240,000 28 978 000 TABLE 2 CITY OF NIAGARA FALLS TWIN ICE PAD COMPARISON CITY OPTION UPGRADED 1 50% of the City's 2006 budgeted user fees of $1.3 million plus 20% increase to recognize potential revenue benefits p s of new facilities 50% X 1.2 X $1.3 million $780,000. Remaining 50% of revenues allocated to Stamford /Jack Bell and Chippawa. 2 3% for 38 years (Factor 22.492) 3 Includes 3,000 seat and 500 seat facility 4 Rental of full prime time hours for two full pads would additionally cost 9,064 hours 6,600 hours 2,464 hours X $225 /hour /hour $554,400 /year. $544,400 /year for 38 years has a present value of $12,470,000, which is an added JDS cost to produce an equal comparison. Note: The City will continue to incur the net annual operating costs of Stamford /Jack Bell and Chippawa, under either option. Therefore $29.0 million is the estimated cost to the City of the presence of the OHL franchise and the sports and entertainment facility. C.N. Watson and Associates Ltd. (25/09/2006) H:lniagFall\twin ice pad comp (city) ti 4 1 3% for 38 years (Factor 22.492) TABLE3 CITY OF NIAGARA FALLS FOUR ICE PAD COMPARISON 2 Rental of full prime time hours for four full pads would additionally cost 4,928 hours (((4 X 4,532) (2 X 6,600)) X $225 /hour $1,109,000 /year. $1,109,000 /year for 38 years has a present value of $24,944,000, which is an added JDS cost to produce an equal comparison. 3 $23 million 50% of $8 million for two additional community pads 4 $1,845,000 X 2 $3,690,000 Note: The City would close Stamford /J. Bell and continue to incur the net annual operating costs of Chippawa, under either option. Therefore $68.0 million is the estimated cost to the City of the presence of the OHL franchise and the sports and entertainment facility. C.N. Watson and Associates Ltd. (25/09/2006) H: \niagFall \twin ice pad comp (four) JDS Proposal City Construct Option City Cost Reduction Capital Cost 27,000,000 3 29,000,000 (2,000,000) Less: Capital Funding s.37 Agreement 1,500,000 1,500,000 Naming Rights n/a 1,000,000 1,000,000 NFMA and Stamford /J. Bell Land Sale 1,636,000 1,636,000 Fundraising n/a 1,500,000 1,500,000 Net Capital Cost 23,864,000 23,364,000 500,000 Annual Operating Cost 3,690,000 4 2,220,000 1,470,000 Less: User Fees 1,800,000 1,800,000 Rents, Concessions and Advertising 420,000 420,000 Net Annual Operating Cost 1,890,000 1,890,000 Present Value' 42,510,000 42,510,000 Total Cost Present Value 66,374,000 23,364,000 43,010,000 Addl. JDS 38 year cost for 4 full ice surfaces 24,944,000 24,944,000 Present Value for 4 full ice surfaces 91,318,000 2 23,364,000 67,954,000 1 3% for 38 years (Factor 22.492) TABLE3 CITY OF NIAGARA FALLS FOUR ICE PAD COMPARISON 2 Rental of full prime time hours for four full pads would additionally cost 4,928 hours (((4 X 4,532) (2 X 6,600)) X $225 /hour $1,109,000 /year. $1,109,000 /year for 38 years has a present value of $24,944,000, which is an added JDS cost to produce an equal comparison. 3 $23 million 50% of $8 million for two additional community pads 4 $1,845,000 X 2 $3,690,000 Note: The City would close Stamford /J. Bell and continue to incur the net annual operating costs of Chippawa, under either option. Therefore $68.0 million is the estimated cost to the City of the presence of the OHL franchise and the sports and entertainment facility. C.N. Watson and Associates Ltd. (25/09/2006) H: \niagFall \twin ice pad comp (four) 25 -Sep -2006 10:47am From Broderick Partners PARTNERS BARRISTERS 4* SOLICITORS 4825 ONTARIO AVENUE POST OFFICE BOX 897 MAGMA FALLS, ONTARIO CII.NADA L2E BVS TEL (906) 368.2621 FAX (905) 356.8904 J..1. BRODERICK, Q.U., L.B.M. W.A. AMMO ].D. IIOPSiNS Q.A. KIRAAI I.M. GILBERTI 1' R. B. BURNS M. nlarnOLAMO OOLNSEL: E.P. LUSTIG D.F. MARINELLI (1945 19 (1945.1997) .......bA September 25, 2006 Sent Via Facsimile Transmission Only City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Mr. Dean Iorfida, City Clerk Dear Mr. lorfida; Re: Release of Pedestrian Deck Agreement PD- 2006 -82, Marriott Fallsview Hotel Our Fife No. 060401 Further to our email message to you of September 22, 2006, this shall confirm that our client, has requested that the above noted matter be deferred in order that our client can meet with its architect and City Staff to further discuss this matter before requesting that it be brought to City Council for consideration. We kindly request that yQu advise Mayor Saloi, and all Members of City Council and advise Mr. Richardson of our request for deferral. We will not attend to speak to the matter tonight, We thank you for your attention hereto. Yours Very truly, BRODERICK PARTNERS LLP ITALIA M IMC /blj c.c. Co. o Menechella Rick Brady Ceicririlun nY THE L.» Soc:rit'ry Ael. A yf cI, f,T$`1' IN cavil. Lrn'IGAricrrv. t ENT IK 14 ITALIAN A rm Fir c:nc:rc LAntDuAcrt:S. 905 356 6504 T -571 P.002/002 F -186 From: "Italia" gilberti @broderickpartners.com> To: "'Dean lorfida"' <diorfida@niagarafalls.ca> Date: 9/22/2006 3:03:24 PM Subject: RE: PD- 2006 -82 Dean: I have instructions to request a deferral of the PD- 2006 -82, Pedestrian Deck Agreement matter. My client will be meeting with the architect and then wishes to meet with staff before proceeding to Council. I will follow up with an letter formally requesting the deferral on Monday. Thank you, Italia Original Message From: Dean lorfida mailto :diorfida@niagarafalls.ca] Sent: Thursday, September 21, 2006 6:55 PM To: gilberti @broderickpartners.com Subject: Fwd: PD- 2006 -82 Italia: As promised, here's the staff report and related correspondences that are part of the agenda for Monday. Thanks Dean .DGr cC. C.UUo Ilt_ H I U11t HLLSV 1 UUAI 6755 Fallsvicw Bou cvard, Niagara Falls, Ontario L2G 3W7 General: 905-3744077 Dircct: 905- 358 -4700 Fax: 905-374-2348 facsimile transmittal To: Dean Iorfkda Fax: 905- 356 -9083 From: Tony Zappitelli Re: PVIal iott Proposal i Fot Review Please Comment 0 Please Reply Please Recycle would like an opportunity to address council on Sept 25, 06 Regarding Marriott's Proposal. Tony No y HOTEL CONFERENCE CE E 7 4.1:4 1 0 7 NIAGARA FALLS CANADA Date: 9/21/2006 Pages: 1 NO.445 P.1/1 i September 21, 2006 Dear Mayor Salci and Members of Council: Yours sincerely, Tony Zappitelli President ROMZAP LTD. RE: MARRIOTT PROPOSED AIR RIGHTS AMENDMENTS As an adjacent owner to the subject property, I would like to bring to your attention that in 1986, when I purchased the Mall of the Mist site from RadoMat Holdings, I was provided with copies of registered agreements and bylaws between the Corporation of the City of Niagara Falls and the existing owners of the subject property, Bolus Revelas Bolus. These agreements were the basis for my decision to purchase the subject land and my subsequent purchase from 454802 Ontario Limited. The agreement dated December 18, 1963 between Bolus Revelas Bolus and The Corporation of the City of Niagara Falls, and the subsequent ByLaw 6458 dated 1963 state the following, no building other than a pedestrian deck shall be erected on lands shown as Block A on said Schedule B or on those parts of ranges 1,2,3,4,9 10 according to the City of the Falls survey. The top of any pedestrian deck so erected shall not exceed in height in ranges 1,2,3 or 4, the grade of the centre line of Portage Road (now Fallsview Boulevard). An open fence, which will not obstruct the view may be permitted along the easterly side and ends of any pedestrian deck so erected and such pedestrian decks so erected shall be maintained by the owner and made available to the public free of charge at all times This agreement was amended September 18, 1989 to an agreement between the Corporation of the City of Niagara Falls and the new owners, Menechella Brothers Limited, keeping all terms and conditions the same. I bring this to your attention as a reminder that the City of Niagara Falls imposed this agreement for the benefit and protection of the Public and that nothing should be allowed to take this away from them. Niagara Parks An agency (lithe Government. of Ontario since 1885 Mr. Doug Darbyson City of Niagara Falls City Hall P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Doug: September 18, 2006 RE: MARRIOTT EXPANSION FALLSVIEW BOULEVARD With reference to Mr. Gillis' recent correspondence regarding our preliminary comments relative to the proposed expansion of the Marriott on Fallsview Boulevard it would be helpful if we had clarification regarding the agreements relative to the lands which previously had building restrictions other than a pedestrian deck. Provisions for the flow of pedestrians along the top of the moraine in a continuous manner has long been an objective of both the City and ourselves and it is expected that any plans contemplated in this area will respect the original intent. In addition, this area represents the last remaining unobstructed view of the Niagara River and Falls between Livingstone and the Casino and as such the design should attempt to preserve these views for the future. We look forward to seeing the plans when they are available and providing you with more detailed and comprehensive comments. JKJ1c Gen cc: D. Gillis Yours truly, Kern. han, P. Eng., ral Manager John Kernahan Direct: Phone: 905/356 -2241, ext. 225 Fax: 905/354 -6041 E -Mail: jkernahan @niagaraparks.com RED SEP 2 2 2006 OFFICE OF THE ADMINISTRATOR Jim Williams THE NIAGARA PARKS COMMISSION John Kernahan Chairman P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 General Manager www.niagaraparks.com MEMBERS OF COUNCIL CITY OF NIAGARA FALLS 4310 Queen Street P.Q. Box 1023 Niagara Falls, ON L2 E 6X5 Sept.22, 2006 Members of Council: ALP:1 PETER J. LESDOW A R C H I T E C T RE: MENECHELLA PROPOSED FALLSVIEW DEVELOPMENT This letter is in response to a proposal by the Menechelia Family to build a hotel on the triangular lands south of the existing Marriott Hotel along Fallsview Blvd. Our firm was the Architect for both the original Sheraton Fallsview Hotel across from these lands, and the original Marriott Hotel, which these lands formed part of the site plan agreement with the City for that project. From our experience and understanding of these lands, there are several major reasons we ask you to consider for their protection, as provided for by agreements between the City of Niagara Falls and the current landowners. When designing the Sheraton Fallsview Hotel in 1988, we had knowledge the Owners prior to making the major investment we realize today, reviewed the possibility of a structure being built on this triangular site, which would have abstracted their view of Niagara Falls. It was understood that there were agreements with the City of Niagara Falls and the previous owners that limited the development of these lands to a pedestrian deck 26' -0" above the top rail of the existing railroad. The project moved forward with the belief it was in the City's best interest to keep this agreement first made in 1962 for the benefit of the public's enjoyment, view of the falls and protection of the escarpment. One can appreciate with respect to the Sheraton Fallsview the argument that no property has a right to a view. Our office has argued this same position in the past. However the circumstances in this case are very different. There are agreements registered on title which were intended to protect the public's view. Agreements which the City and previous owners as well as the Menechelia family agreed and which the Sheraton Fallsview owners relied on. It is only fair you give great consideration as to how your decision will greatly impact the Sheraton Fallsview owners who have contributed so much for this City. The Sheraton Fallsview owners are not the only ones to consider. Also included are previous council members who made a decision for the benefit of the residences of Niagara Falls. This council must also decide what's best for the publics interest, both for now and the future. Peter J. Lesdow a r c h i t e c t 6710 Drummond Road, Suite 6, Niagara Falls, Ontario, L2G 4P1 Phone: 905.357.1112 Fax: 905.357.1 112 E -mail: plesdow @iaw.on.ca 4 What if the Sheraton Fallsview Hotel had never been built? It wouldn't matter. Historically this site was always recognized as a Fallsview site. 1 see tourists today take pleasure in the panoramic view of the falls from this escarpment level position. I've been there many times with friends and family to witness the view and major fireworks displays. Our City's forefathers were wise enough to recognize this "right to a view" for our Niagara residences and our visiting guests, by creating very specific agreement and registering it on title which protect these lands from development in the public interest. Similar in their vision was the Parks Commission, if it were not for such a public body, hotels, museums and amusements would still occupy Victoria Park along the Falls, as they did when private interest only determined the use of these lands. In 1996 our office began the original master plan for the Marriott Hotel and because of restrictions on the triangular lands our submission reflected this in the site plan agreement, with no development shown on this part of the site.* We worked within a by -law passed in the early 1970's, that allowed for a 600 unit hotel to built on the lands north of the protected triangular portion of the site. The development proposed was two separated towers each 20 stories which was accepted by council. Since that time what has developed is quite different. 1) The two separate towers became one, one part 15 storey's the other 20 storey's It created an unbroken wall of approx. 120 meters or 390' -0" long. Well beyond the length of a football field. The cities adopted Tourist Area Development Strategy (TAD'S) recommended a max. building width of only 60 meters. In addition a major tower, the Embassy Suites was latter added without the TAD'S recommended 25m of 82 ft. separation provided, further continuing the wall. 2) The 3 acre site including the triangular protected lands now support 1000 hotel units instead of the 600 originally proposed. With all associated major restaurant and amenity areas required. 3) In order to achieve this increased density, additional offsite parking being 800 meters away was added. TAD'S had recommended a distance of not more than 300 meters. In the end what your Planning Department and Councils worst fear at the time came true. A wall was created at the top of the escarpment. What would happen if our city gave up its right to the triangular site? Common sense would predict the following: 1. The wall would continue. Yes it may have a space between the old and new. However because all the building's developed on this site have to be along the same line or plane following Fallsview Blvd., the perception of the wall would be further exaggerated. 2. The large expensive unobstructed public views from this particular vantage of the falls would be lost forever. The only real view would be for the private guests in *Note: there is a small parcel of land of the triangular lands approx 45 -0 at end and 15 -0 at the other and 130 long which was the former Barning Springs Wax Museum. A 4 storey structure could be built dependent on parking at the time." PeterJ.Lesdow •architect 6710 Drummond Road, Suite 6, Niagara Falls, Ontario, L2G 4P1 Phone: 905.357.1112 Fax: 905.357.1112 E -mail: plesdow @iaw.on.ca 1 the hotel. The city would also lose any future opportunity for this site to be further developed as part of any parkland improvement. When a former council adopted the TAD'S study, the consultants of the study noted specifically this site. On page 53 item 6 it states: "Use the triangular of land at the top of the escarpment beside the new Marriott Hotel as a publicly accessible park and Falls view area." What reason could council give the residences of Niagara to give up this opportunity. Some would argue that the City would receive jobs and extra tax revenue should this development occur. The fact of the matter there are other lands which have a falls view and they would not create the further extension of this wall and further provide such a major impact to the brow of the escarpment. It should be noted that the Menechella family were fully aware when they purchased the property along Fallsview Blvd. which has allowed them the opportunity for the development we see today, that they could not build on the lands at issue. They had signed an agreement giving up any right to build on this particular part of the site except for a pedestrian deck. They could of at the time either challenged the former agreement to be rescinded, or declined the purchase of these specific lands. They chose neither. The City of Niagara Falls clear position of the 1962 agreement with previous owners which continued with the Menechella family at the time of land purchase should give no reason for council to feel any obligation to them. Nothing has changed since that time approx. 17 years ago. The objective of the City should still be the same to protect these lands for the public. in fact, if there is some legal instrument which would permanently secure the City current legal position, it should be implemented. Respectfully, Peter J. Lesdow B.A., B.Arch., O.A.A., M.R.A.I.C. Peter J. Lesdow •arch itect 6710 Drummond Road, Suite 6, Niagara Falls, Ontario, L2G 4P1 Phone: 905.357.1112 Fax: 905.357.1112 E -mail: plesdow @iaw.on.ca 'ott Hotel Sth Floor. 230 Richmond Street West. Ttthit., r Review Panel was Ihte son only. r Ot..V eS and the review by the pan was Geed after regulatory S.,. :FF August 11, 2006 City of Niagara Falls 4300 Queen St Niagara Falls, ON RI hard Stokes Association Director General �y/({- J�4VdC.< �Y.•! �fi41f{ t+// YN,.$.•' f,.< tLi{ n,' 4F: �YJ(':l?.Wff %✓/J'x:CL«Vi(ja. Fv r/M 4yu.«: Kv �.F• .KhCuszA'wca a4K•cacttlKyy..{.,.... •,Ffwik ssl.•: eF,< ii:«!. ct. eM /..Y.iuRCU<uuiec< %<:i<udif u-N,"w�iyiau:''.:'. ssK+Q:. �Mr�fFS!;k: <F?.c`«:AW:!'xccfi ,^`K... .rt. <utu.w ,:,cw�4if<a:;pbWKo x; <i,.�'. .t/^< '4Yn'�,x %i.nF•sy�vh{ .•�,y;(.YS <•ffs,� .G,� m om. vi: F CYPRUS DAMASCUS ISMAILIA KALURAH KISMET Association Director General Noble Richard M. Stokes 6480 Dorchester Rd Niagara Falls, ON L2G 5T5 905 354 -0307 905 351 -0188 Cell MECCA MEDIA ORIENTAL RAMESES TIGRIS TUNIS ZIYARA Secretary Niagara Region Noble Kenneth G. Halbert 5488 Green Ave. Niagara Falls, ON L2H 1P6 905 374 -4246 905 357 -1603 Fax n iagarabmasonsOgmail.com Attention: Mayor Ted Salci Subject: NYOSA Fall Convention Sheraton Fallsview Hotel As per your conversation with Richard Stokes, the NYOSA Fall Convention will be held in the City of Niagara Falls on September 28 Oct 1, 2006. We would appreciate a letter of welcome and photo from the Mayor of Niagara Falls for our ram ro that will be distributed. p g We hope to attend City Hall on Thursday, September 28, 2006 at/around 4:00 .m. with the Imperial Sir. Nicholas Thomas, the Highest Ranking p g g Shr' �ner in all of Shrinedom, plus Ill. Sir Wayne Lachut, President of the New York Ontario Shrine Association along with other dignitaries of NYOSA 2006, at able to hoist a Shrine g t which time we would appreciate being e Flag at City Hall and have them meet with the Mayor. On September 30, 2006, the Shrine Parade will start at Livingstone St. (Sheraton Fallsview) at Noon and proceed via Fallsview Blvd. to Fer ry St to Buchanan Ave to North St. where we will have a reviewing Tourism g stand adjacent to the Tourism Niagara Parking Lot on North St. At 7:00 p.m., we will be having a Dinner Banquet in the Oaks Ballroom at the Sheraton Fallsview and we would appreciate you and your wife to attend and extend greetings on behalf of the City of y Niagara Falls. We do not wish a substitute. Should you have other commitments, we would appreciate if o if it does not conflict pp you could attend the opening and extend the greetings, nflict with your itinerary. e hopesto have your confirmation on these items, as soon as possible. From: "Downtown Board of Management" <bia aaniagarafallsdowntown.com> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 9/22/2006 3:05:10 PM Subject: Re: September 25 Council Meeting Hi Dean: Chairman Cal Beresh would like to address Council regarding the issue of limiting City funding to $12M as the BIA is strongly opposed to this. Thanks Dorothy Original Message From: "Dean lorfida" <diorfida @niagarafalls.ca> To: <bia @niagarafallsdowntown.com> Sent: Friday, September 22, 2006 2:09 PM Subject: Re: September 25 Council Meeting Please provide more details, as per my earlier e-mail. Thanks "Downtown Board of Management" <bia @niagarafallsdowntown.com> 9/22/2006 1:52:11 PM Hi Dean: The BIA would like to address Council on September 25. Could you please call the office 905- 354 -0606 (it's Friday, but I am here till about 3pm) or my cell 905- 380 -1880 to confirm that this will be OK. Thanks so much, Dorothy September 24, 2006 Your Honour Mayor Ted Salci and Members of Council Joe Mrkalj 4573 Queen Street Niagara Falls, ON L2E 2L7 905- 371 -1722 joethedai1yp1anet.ca The Downtown Revitalization Project is not all about Historic Niagara and one property owner. Historic Niagara owns about one third of our downtown; the City of Niagara Palls I believe owns about one third as well. That still leaves a third of the properties in other ownership. I fall into that other third that no one ever mentions but it is as important to the revitalization as the others. We all plan to take advantage of the opportunity that has arisen but we have mostly taken a silent back seat. Individually we are only small stakeholders but together we are as important as the other two thirds. The 35 million that was committed by you all a few months back is critical to every one of us downtown, not just Historic Niagara. The vision they have initiated is shared by all of us downtown. We all believe in a dynamic, redeveloped Downtown Niagara Falls. Long time residents/ taxpayers of this city own up to 7 or 8 properties each and still many others own 2 or 3 properties and so on down to the single property owners. All will be affected by your decisions from now on. I own 6 buildings on Queen Street, another property on Crysler Avenue, and a property on Park Street; all in the downtown core. In addition my Grandparents live on Huron Street downtown. I am committed to this area, and I am still actively pursuing other properties on Queen Street that become available. All of my buildings were vacant when purchased and most remain vacant now. This revitalization project is exactly what is needed and what I have been waiting for. For years now, the talk of revitalization has not only excited me but all of us on Queen Street. At this time I am simply waiting to move forward to complement any work that Historic Niagara will do. What I own is not a third but it is a considerable amount and I plan on spending millions to redevelop my properties as well. I also will not be able to move forward without the necessary civic improvements that the CIP called for, (as well as the SIP). I don't need to tell you that both were supported by you and the CIP was ratified by the province. This is what I am counting on, it is part of the reason I have made the downtown my number one choice. (Guaranteed loans from major lenders are much easier to obtain with the commitment of 35 million in infrastructure for this area). Even if Historic Niagara "pulls out which as a businessman I cannot imagine, because of their investment well over 20 million dollars already, I will still move forward with my own plans. But it is critical to my plans also that the city's commitment and vision stay strong. This is the time to move forward... we all can make something beautiful and everlasting for all the people of Niagara Falls. I wish to be part of that legacy. it s not just about Historic Niagara. In addition to my downtown properties, I also own residential property in the North end, the South end, and Stamford center; so yes I am also concerned about my just property taxes like everyone else. 1 believe, and various studies can prove this, that the proposed revitalization will pay for itself over time through higher assessments and from the future developments that this area will create once revitalized. Residential property taxes can only be lowered by increased taxes to commercial properties (and such) that are not carrying their own weight as it pertains to the services that they receive. This is what will happen in our downtown. Everyone in the city will benefit, not only i because it will "look pretty", but because higher taxes will be assessed to this area. My own example: Currently most of my properties downtown are vacant with low assessments. I have successfully fought to lower my assessments from year to year over the last 3 years, because of the current situation downtown. In addition, I also receive a third of my property taxes back from the `Rebate of Property Taxes for Vacancies in Commercial and Industrial Buildings' Program. As it stands, the city is not getting their full potential from downtown. This will change with the proposed revitalization. Over time it will become a windfall for the city and the investment of 35 million will be well spent. It will take time, but your vision is important now. I've tried to limit my letter to numbers only but more importantly the other benefits that this commitment will brin g are immeasurable... CULTURE, PRIDE, HERITAGE, ARTS, and so on. It's a massive undertaking but all of us working together can make it happen. I thank you in advance and apologize for the length of this email, but I am very passionate about this project and my downtown. Yours Sincerely, Joe Mrkalj Niagara Falls, Ontario. Niagara Falls City Council and staff were disappointed to learn today that JDS Delcor Inc. has decided to discontinue negotiations with the City to bring a sports and entertainment facility to Niagara Falls. The Mayor and City Council have expressed their interest and support for such a facility, and in bringing OHL hockey to Niagara Falls, if acceptable terms could be agreed upon. JDS outlined their proposal to City Council on Monday, September 11, 2006. Council agreed to respond by September 25, 2006. Since September 11, staff has completed a full analysis of the proposal and these details were presented to Council in advance of the Monday deadline at a special meeting held Thursday, September 21, 2006. The analysis, prepared with the assistance of economists CN Watson and Associates, identified that the City was being asked to: Niagthaa11s F THE CITY OF NIAGARA FALLS MEDIA RELEASE City Council will Continue to Pursue New Arena Facilities DATE: Friday, September 22, 2006 For Immediate Release invest up to $23 million in capital in 2007 2008 spend $1.845 million per year in ice rental fees for 6600 hours of prime time use and 2400 hours of non -prime time use, which is equivalent to 1 1/2 ice pads participate in a "quasi partnership" arrangement with the proponent in the design and operation of the centre. obtain the use of 15 acres of land for this purpose at no cost waive development fees and charges that would otherwise apply to a private development commit to meeting a completion deadline which may not be feasible, and to closing the Niagara Falls Memorial Arena in accordance with that deadline pay full market fees for any City ice time additional to the before mentioned ice rental fees negotiate an unspecified further agreement covering various matters including use of a luxury suite and lease hold improvement/maintenance standards, which have unspecified financial ramifications -2- incur one -half of the cost to acquire additional lands to develop and operate one or two more community ice pads permit JDS to retain the all revenues including naming rights, concession, and special event and luxury suite earnings In addition, Council was concerned about the possible loss of 6,000 square feet of meeting and storage space which had been allocated in the City's plans for non -profit community groups, lost revenues for community groups who have existing agreements with advertising agents, and the potential impact on our Junior "B" hockey team. Although Council expressed concerns about the JDS proposal at the meeting on Thursday, they had directed staff to prepare a counter offer for consideration by JDS for the Monday September 25 Council meeting and were surprised by Mr. Coetzee's press release indicating that JDS was "unable to continue their negotiations with the City of Niagara Falls Alderman Vince Kerrio, Council appointee involved in the City's negotiations with JDS, stated that he was, "extremely disappointed that JDS has discontinued negotiations without the benefit of seeing our counter offer, which p rovided a better balance between the interests of JDS and those of the City's taxpayers". When compared to the City's plans to build the twin pad arena with a 3,000 seat facility, the additional costs to the City for the JDS proposal over the term of the lease would be approximately $45.5 million. "We need to pursue realistic developments in our City which make good business sense and represent the interests of Niagara Falls residents said Mayor Salci. "investing $23 million of taxpayers money in a project, only to have to rent back the facilities is not in our best interests While the JDS proposal was not acceptable to the City due to the significant financial implications, the community should be assured that plans are still underway to develop our twin pad arena complex including a 3,000 seat facility, scheduled to open in September 2008. -30- For More Information Contact: John MacDonald Chief Administrative Officer City of Niagara Falls 905 356 -7521 ext. 5100 Making Everlasting Memories, worldwide memorialization, establish family a living family hest... Page 1 of 1 Hazel D. Campbell Born: July 19, 1924 Died: September 22, 2006 Memorialized by: Hetherington Deans Funeral Chapel, Niagara Falls, ON Biography 1 CAMPBELL, Hazel Doreen (Hamilton). At the Greater agara General Hospital, 22, 2006, in her Ni ital on Friday, year, Hazel joined her b p Friday, e eloved husband borne James Wayne (Helga) Campbell, foster mother Campbell. Dear mother of Wa grandmother her td Vernon Beck and Darrell r to Leigh Blakely (Michael), ell Burns. Much loved Katey Campbell, Amber Beck. Proud great an p Amy Sawyer (Glenn), Jean S�' gr dmother to Azdan J Jenny and (Howard), Gloria Clark the Jessica and Justin. Dear sister of Louella he late Barbara bra and E Holland missed y Ernest Hamilton and several nieces y ssed by her friends at Queenston and nephews. Hazel will be sadl Place and her fellow RCAF veterans. At Hazel's personal request cremation q mation has taken place. There will 11 be a Service of Remembrance Church on Wednesday September nce at Stamford Presbyterian Chur p 27th, 2006 at 11 o'clock a.m. The the church, one prior to the he family will receive friends at the service. e service. Friends ��re invited ervice. As an expression of d to refreshments following Cancer Society sympathy, contributions can be made ty or the United Way of Niagara F e to the Canadian g ails. Celebrate Hazels life at www.mem.com. http://www.mem.com/display/printPage.asp?ID=1525721 9/25/2006