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2007/04/30
COUNCIL MEETING Monday, April 30, 2007 Order of Business and Agenda Package PRAYER: Councillor Diodati COUNCIL MEETING April 30. 2007 ADOPTION OF MINUTES: Council Minutes of April 11, 2007 and Council Minutes of April 16, 2007 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Niagara Falls Girls Soccer YMCA Multicultural Network of Niagara Falls DISCLOSURES OF PECUNIARY INTEREST Heritage Designation for Pedestrian Deck DEPUTATIONS/ PRESENTATIONS Dan Santin and Paul Preece from the Niagara Falls Girls Soccer Club will present a cheque in the amount of $75,000 as part of the ongoing partnership contribution towards the Kalar Park "Home For Girls Soccer" Facility. Greg Shupe and Steve Butz from the YMCA will present a cheque in the amount of $400,000 as part of the ongoing partnership contribution toward the MacBain Community Centre. Mrs. Claire Masswohl, Executive Director, will make a presentation on the services offered to the newcomer population of Niagara Falls by the Multicultural Network. A presentation by Bernadette Secco requesting Heritage Designation for specific Fallsview properties. 2 Public Meeting Zoning By -law Amendment Application, AM- 40/2006 4025 Dorchester Road (Monroe Plaza) Applicant: Curtis Gail Developments Agent: Michael Allen Proposed Expansion of Plaza Background Material: Recommendation Report: PD- 2007 -26 -and- PLANNING MATTERS PUBLIC MEETINGS Correspondence from Regional Niagara Planning Development Correspondence from Gerald Gwen Kenney Correspondence from Sam DiCarlo CLERK'S MATTERS 1. Chief Administrative Officer C- 2007 -07 Request for Letter of Support for Creekstock MAYOR'S REPORTS. ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Board of Museums Request to Proclaim the month of May as "Museum Month RECOMMENDATION: For the Approval of Council. 2. Active Living: Share Your Experience Request to Proclaim June as "Seniors' Month RECOMMENDATION: For the Approval of Council. -3- 3. Live it Everyday Request to Proclaim June as "Recreation and Parks Month RECOMMENDATION: For the Approval of Council. 4. OUTniagara Request to raise the Rainbow Flag above the City of Niagara Falls for the month of June. RECOMMENDATION: For the Approval of Council. 5. Gyro Club of St. Catharines Request to Proclaim June 4 to 10 as "Gyro International Week" and request a flag raising. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2007 -09 Animal Control Services F- 2007 -15 Major Receivables Report IS- 2007 -02 MPAC Agreement MW- 2007 -41 Tender #2007 -08 Surface Treatment R- 2007 -08 2007 Special Events Agreement 4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -85 A by -law to authorize the execution of an Agreement with Shrine Circus /Xentel D.M. Incorporated respecting the use of the Niagara Falls Arena for a one day circus event 2007 -86 A by -law to authorize the execution of a Development with Grand Niagara Resorts Inc. respecting Grassy Brook Road subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development 2007 -87 A by -law to authorize the execution of an Agreement with Queensway Free Methodist Church respecting the Adopt -A- Street public service program for volunteers 2007 -88 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted 2007 -89 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Corwin Ave) 2007 -90 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the east side of Garner Road, south of Lundy's Lane and on the north side of the hydro corridor (AM- 25/06) 2007 -91 A by -law to amend By -law No. 79 -200, to permit a waste disposal site, landfill for non hazardous solid waste (AM- 44/06) 2007 -92 A by -law to amend By -law 2007 -37, a by -law to provide for citizen appointments to certain Boards, Commissions and Committees 2007 -93 A by -law to delegate to the Regional Municipality of Niagara the power to prohibit or regulate the harvesting, destruction or injuring of a significant tree on private lands within the City of Niagara Falls 2007 -94 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30 day of April, 2007 NEW BUSINESS To: City of Niagara Falls Council Dear: Mayor and Members of Council, Re: Kalar Park `Home For Girls Soccer Niagara Falle isft °SiVaer Club P.O. Box 652, Niagara Falls, Ontario L2E 6V5 (905) 358 -3632 www.nfasc.ca Date: March 29, 2007 We are greatly looking forward to presenting the City of Niagara Falls with a cheque from our organization in the amount of 75,000 as part of our ongoing partnership contribution towards the Kalar Park `Home For Girls Soccer' Facility at the April 30th, 2007 meeting of Council. Over the past number of years the Niagara Falls Girls Soccer Club has fundraised, and contributed, nearly $450,000.00 to date towards the development of this soccer complex. As an organization representing nearly 1600 members in this community we continue to experience strong growth and support from our members. With this recent financial contribution to the project our Club, in partnership with the City of Niagara Falls Parks Recreation Culture, has added to the park infrastructure the inclusion of new parking facilities, lighting, and signage. It is our goal as a Club to continue the growth of the park and make it a premier sporting facility. After investigating a number of options and scenarios we have determined that the viability of a year round indoor facility is not in best interests of the Club. However, we feel that we have identified a viable and cost effective solution which will serve both the community as well as our Club. It is our desire to convert an existing senior soccer pitch at the park from natural grass to artificial turf to maximize use and create new soccer and community sport opportunities. As you know soccer has experienced rapid growth over the years and is still one of the most affordable sports that children can be involved with. A year round `artificial' turf soccer pitch would solve many of our needs and concerns at this park. For example, each soccer year a significant number of games are cancelled due to adverse wet weather, seasons start later and finish sooner, and hosting soccer tournaments is difficult to facilitate with the amount of play hours the soccer pitch's natural turf can handle. With an artificial turf soccer pitch our Club could develop a spring and fall league which would help increase revenues. There is no limit to the number of games which can be played on an artificial turf soccer pitch, wet weather becomes less of an issue, and this type of field holds many benefits to other community sports groups. We could also host soccer tournaments, which would help promote the city and tourism. In speaking to some of our tourism operators, they have expressed an interest in supporting the Club in this venture as they know tournaments would bring guests to their hotels and restaurants. The Club has a long term vision for this facility which includes a new accessible playground, a club house with washroom facilities, additional on site parking, and potential expansion of more pitches on the adjacent hydro corridor lands. We have been given some preliminary cost estimates for the conversion of the existing senior soccer pitch from natural to artificial turf at approximately $800- 900,000.00. We are asking the City as our partner to commit to half the expense as per our partnership agreement. Over the years our Club has been able to contribute $75- 80,000.00 per year. With an artificial turf field and clubhouse, the Club can actively promote spring and fall leagues and a field user fee would be charged to outside Clubs which would add revenue to help repay the initial investment costs. With sponsorships, corporate donations, and fundraising, we feel comfortable to financially commit to $100- 125,000 per year paying back our contribution within 4 -5 years. By developing this potentially year round soccer facility, the City would save thousands of dollars per year in maintenance costs and it would add a major sports venue to this community. The artificial turf field would also help ease the lack of high level playing fields for other community sports groups such as football, rugby and high school programs. The future for girl's soccer is strong and growing in this community. We are asking the City to support this project as part of the partnership that Girls Soccer and the City have mutually benefited from over the years. tin n For Girls Soccer 2 Paul Preece President NFGSC Dean Iorfida Fwd: RE: confirming From: Dean Iorfida Subject: Fwd: RE: confirming Denyse Morrissey 4/3/2007 5:39 PM Hi, Just to confirm that the representatives of the YMCA of Niagara presenting the cheque, about $400 K at April 30, 2007 meeting are: Greg Shupe, Chair, Board of Directors Steve Butz, Chief Executive Officer Regards, Denyse Denyse Morrissey, B A; M.P.A. Director Parks, Recreation Culture City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, Ontario L2H 3N3 Phone: (905) 356 -7521 ext. 3331 Fax: (905) 356 -7404 email: dmorrissey @niagarafalis.ca web: www.niagarafalls.ca Page 1 of 1 about:blank 4/19/2007 Dean Iorfida Request Presentation at City Council From: "Multicultural Network of Niagara Falls" <mnnf @iaw.on.ca> To: <diorfida @niagarafalls.ca> Date: 4/23/2007 11:00 AM Subject: Request Presentation at City Council Dear Mr. lorfida: On behalf of the Executive Director of the Multicultural Network of Niagara, I would like to request to present to City Council at an upcoming meeting. Mrs. Claire Masswohl, the Executive Director, would like to present on the services offered to the newcomer population of Niagara Falls by the Multicultural Network. It would be great if there were still openings for the next meeting (April 30th). Otherwise, please advise of a date that works best for council's schedule. Thank you for your time. ANNA LENSINK SETTLEMENT COUNSELLOR Multicultural Network of Niagara Falls 5485 Victoria Avenue Niagara Falls, ON L2G 3L3 Ph. 905.356.2249 Fx. 905.356.9879 Tf. 888.764.9041 www mnnf.ca Page 1 of 1 The information contained in this communication inchuling any attachments may be confidential, and is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, any dissemination, distribution, disclosure or copying of this message or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. file: /C:\Documents and Settings \di202\Local Settings \Temp\XPgrpwise \462C91CADoma... 4/23/2007 April 30, 2007 PD- 2007 -26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls Re: PD- 2007 -26 AM- 40/2006, Zoning By -law Amendment Application 4025 Dorchester Road (Monroe Plaza) Applicant: Curtis Gail Developments Agent: Michael Allen Proposed Expansion of Plaza RECOMMENDATION: That Council approve the Zoning By -law Amendment application and that the interested area residents be involved in Site Plan; that staff investigate T amendment a.plication to .e metre (10,380 square foot) ex ens'. u.lec o a restricted covenant required for the proposed restaurant drive thru', facility; and that staff consider parking spots on the current leased Hydro property to BACKGROUND: count toward the plaza parking requirements. Curtis Gail Developments have requested an amendment to Zoning By -law No. 79 -200 for the land known as 4025 Dorchester Road (Monroe Plaza), as shown on Schedule 1. An 1,862 square metre (20,046 square foot) plaza exists on the northern half of this land, while the southern half is vacant. A 964 square metre (10,380 square foot) expansion of the plaza is proposed extending onto the southern half of the land. The expansion includes a drive through restaurant. Refer to Schedule 2 for further details. The northern half of the land is zoned Neighbourhood Commercial 270 (NC -270) which permits the existing plaza. The southern half is zoned Residential Low Density Grouped Multiple Dwellings -271 (R4 -271) which would permit the development of a 15 -unit townhouse project. Originally the townhouses were intended to provide a transition from the plaza to the single detached residences to the south of the property, thereby buffering these residences from the plaza. The applicant is now seeking to extend the NC -270 zone over the southern half of the land to permit the proposed development. Surrounding Land Uses 4310 Queen Street. P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Lands to the south, west and ;are developed with single detached dwellings. To the northeast and the east, 1 used for a variety of smaller scale commercial uses. Working Together to Serve Our Community Community Services Department Planning Development April 30, 2007 2 PD- 2007 -26 Circulation Comments Regional Municipality of Niagara The proposed rezoning will result in the loss of a multiple residential development that could improve the housing mix in the area and allow for a compatible transition between the abutting commercial and low density residential developments. However, the City's Official Plan permits minor expansions to Minor Commercial centres provided they are compatible with adjacent residential uses. Regional Planning staff is not opposed to this application. Fire Services Building Services Improvements to the Thorold Stone Road /Dorchester Road intersection are expected. These improvements will not allow for a westbound left turn lane into the development from Thorold Stone Road. Therefore, the entrance off Thorold Stone Road will need to be designed as a right -in /right -out entrance. Municipal Works The Dorchester Road Environmental Assessment determined the entrance off Dorchester Road should be south of the entrance proposed on Schedule 2. If the entrance is to remain in its proposed location, a traffic safety audit is required. At the site plan stage, the dedication of a 12 metre by 12 metre (40 foot by 40 foot) daylight triangle at the intersection of Thorold Stone Road and Dorchester Road is required. Adequate loading and garbage collection facilities will also be necessary. Adequate fire access and fire protection facilities will be required at the site plan stage. Parks, Recreation Culture A landscape plan prepared by a landscape architect addressing the entire site will be required at the site plan stage. Street tree planting is to be provided along adjacent streets. Building permits are required prior to construction. Surrounding Residents Two letters of objection have been received and are on tonight's agenda. These letters express concerns about the proximity of the drive through, and the new commercial building to residences. Additionally, there are concerns about trucks and other vehicles cutting through the property to avoid the intersection and the potential for this to increase if a driveway is built around the existing building. April 30, 2007 3 PD- 2007 -26 Neighbourhood Meeting On February 7, 2007, the applicant presented a preliminary site plan (since revised) to surrounding residents. The residents expressed the following concerns about the development: the impacts of the drive through lane and the associated speaker box on adjacent properties; the impacts of traffic going around the existing plaza on its west side; and concerns about garbage enclosures, lighting and potential tenants. Planning Analysis The proposal meets the intent of the Minor Commercial policies contained in the Official Plan. With some site modifications to further reduce impacts on surrounding residents, the proposal can be supported. The following is a summary of Planning Staff's analysis of the application: 1. Conformity to the Provincial Policy Statement and Provincial Growth Plan Recent changes to the Planning Act require that planning decisions in the City comply with Provincial policy documents. By the year 2015, the City is to achieve 40% of new residential growth within its existing built boundaries, through intensification and redevelopment of existing sites or through infilling. It is expected that much of this intensification will occur through new apartment and townhouse development. Retention of larger vacant parcels zoned for multiple residential development would assist the City in meeting its intensification targets. The current R4 -271 zone would permit the development of 15 townhouse units on the southerly part of the subject lands. The current inventory of vacant lands zoned for multiple residential developments in the City's urban boundary is in excess of 1,200 units, providing close to a 20 -year supply given current absorption rates. Additional intensification opportunities may be identified through an intensification study being conducted by Planning Development Services. Given the other opportunities for multiple residential development Planning Staff is not adverse to removing these lands from the multiple residential inventory. 2. The proposed expansion complies with the intent and the purpose of the Official Plan. The subject land is designated for the most part Minor Commercial in the City's Official Plan. Minor Commercial areas are to provide a range of small -scale retail and commercial outlets. Commercial areas adjacent to residential areas should•be designed to minimize impacts on the residences. A small portion of the site is designated Residential and is intended for the development of residences. The Official Plan allows for a minor rounding out of commercial areas if the economic viability of the commercial area is enhanced, internal traffic circulation is improved and landscaping is increased. The proposal meets the intent of the Official Plan as follows: The applicant is proposing an expansion of the commercial plaza to accommodate new tenants, which include a coffee shop and medical offices. April 30, 2007 4 PD- 2007 -26 The proposed uses will be small scale, and will contribute to the mix of uses in this minor commercial node. Although the previously approved townhouses would have served as a buffer between the existing commercial plaza and adjacent residences, the proposed commercial expansion could be developed in a way that mitigates impacts on the adjacent residences. This would entail improved building setbacks and landscaping as set out in this report. The proposed development will round out the existing commercial node with the addition of new uses. Traffic circulation on site will be improved and landscaping adjacent to the residential area will be increased. 3. The requested amendment is more appropriate if the drive- through facility is moved northward. The NC -270 zone permits the existing plaza, while the R4 -271 zone permits a 15- unit townhouse development. The requested amendment will eliminate the R4 -271 zone and place the whole property under the NC -270 zone to reflect the proposed development. Since the above noted neighbourhood meeting, the applicant has proposed several changes to the site plan, including removing parking and increasing landscaping along the west property line abutting the residential properties and increasing the setback of the drive through lane to adjacent properties from 1.8 metres (6 feet) to 4.5 metres (15 feet). In addition, the proposed Building "C" is to be set back 7.5 metres (25 feet) from adjacent properties, a setback similar to that of the approved townhouse block. The applicant has provided setbacks and buffering that should generally mitigate impacts on abutting properties. However, staff is concerned that the drive through is still not far enough from adjacent properties. Without a substantial setback and buffering, adjacent residents could be impacted by noise and fumes from the operation of the drive through. Ideally, this restaurant and drive through facility should be built as an extension onto the existing plaza. Alternatively, if this restaurant is to remain in its present location, the drive through lane should be located at least 10 metres (33 feet) from the south property line. A similar setback was implemented for a drive through at the new plaza at the corner of McLeod Road and Kalar Road and is based on a zoning standard implemented in the Town of Fort Erie for all drive throughs. The amending by -law should provide for this increased drive through setback, as well as securing the landscaping shown on Schedule 2 and the setbacks proposed for Building "C". There have been concerns raised about the impact of truck traffic going around the rear of the existing plaza and fears this will increase once the new buildings are constructed. The increase in landscaping along the west property line, coupled with the proposed improvements of this intersection (which will include a right turn lane on the east bound Thorold Stone Road) should address these concerns. Further traffic calming measures could be considered at the site plan stage to minimize traffic cutting through this property. April 30, 2007 CONCLUSION: 5 The current zoning of the subject lands represents a good land use arrangement. Existing residential areas are well separated from the commercial plaza and the townhouse block zoning provides a good transition and buffer. As an alternative land use arrangement the proposed commercial plaza expansion can be supported, provided specific improvements are made, for the following reasons: It meets the intent of the Minor Commercial policies in providing small -scale commercial uses serving surrounding residences. The proposed commercial plaza expansion represents a minor rounding out of the existing commercial node. Provided the setback of the drive through facility from nearby residences is increased to 10 metres (33 feet), adequate setbacks and landscaping, similar to what would have been provided with the proposed townhouses, will be provided to mitigate impacts on surrounding properties. Recommended by: Respectfully submitted: Doug Darbyson, Director of Planning evelopment 7 ve en acDonald, Chief Administrate nicer A, Bryce:cb S:1PDR12007\PD- 2007.26, AM -40 -2006, 4025 Dorchester Road (Monroe Plaza) Proposed Expansion of Plaza.wpd PD- 2007 -26 Subject Land aftris untrila .Niwiinisair nowt° STONE R STONE iHO1i01D STONE RO RD THO OLD 4 11 F ti k 1.j f 164 el 1 S u ♦1►���.. 0 4111 t 41111111111 Mai 11111111111111111111 1 111r BRTARV006 AVE IIIIII llllhIli rt s 4 �i��i mu in ins mg". PALIB CRS s ir annuli Zeal 1111A.V4S Location: Applicant: Amending Zoning By -law No. 79 -200 4025 Dorchester Rd SCHEDULE 1 LOCATION MAP Curtis Gail Development Corporation Scale: 1:NTS AM-40 /2006 3(30/2007 1:44:31 PM SCHEDULE 2 THOROLD STONE ROAD Niagara f Region PLANNING AND DEVELOPMENT January 10, 2007 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 4025 Dorchester Road Curtis Gail Developments City of Niagara Falls Your File: AM-40/2006 The Regional Muni 3550 Schmon Parkway, P.O. Box 42 Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905-641-5208 E -mail: plan @regional.niagara.on.ca File: D.10.M.11.23 This application proposes to rezone the above referenced property from a Multiple Residential zone to a Neighbourhood Commercial zone to permit a 964 square metre (10,380 square metre) expansion to an existing commercial plaza. The following Provincial and Regional comments are provided for your consideration. The property is located within the Urban Area for Niagara Falls according to the Regional Policy Plan and designated Residential in the City's Official Plan. The Regional Plan supports a variety of land uses in urban areas that are to be allocated by each local municipality. Provincial policies also encourage the provision of a range and mix of uses to meet long term needs. Local municipalities are primarily responsible for determining appropriate locations for specific land uses through policies and regulations in the local Official Plan and Zoning By -law. The proposed rezoning will result in the loss of a potential multiple residential development that could improve the housing mix in the area and allow for a compatible land use transition between the existing commercial plaza and the adjacent residential neighbourhood. It is recognized, however, that the City's Official Plan permits minor expansions to boundaries of Minor Commercial centres subject to policies that deal with matters such as compatibility with the adjacent residential neighbourhood. The City should, therefore, be satisfied that the proposed rezoning meets the Official Plan RECEIVED JAN 12 :07 PLANNING DEVELOPMENT Building Community. Building Lives. In conclusion, Regional Planning staff is not opposed to this application from a Provincial or Regional planning perspective subject to any requirements of the City being met. Please send notice of City Council's decision on this application. Yours truly, I 0 Peter Colosimo, MCIP, RPP Senior Planner D. Darbyson, City of Niagara Falls Councillor B. Smeaton M 1MSWORDIPC\NIagara FaII \NFzbIa \DorchesterRd Plaza.doc 2 Fax Transmittal To: Re: CC: t i ttm Rya r•7�Qnt h.n� Niagara'',,5 Region PLANNING AND DEVELOPMENT 2201 St David's Road, P.O. Box 1042, Thorold Ot4 L2V 4T7 Tel: 905-954-3830 Fax: 905 -841 -5208 Fax: Date: r j Z 6 g Pages: Z Including cove rpage t4vfr No. 9267 F. 1 r Urgent d For Review D Please Comment D Please Reply D Please Recycle 6. Planning Scanned Fii13 -C' C QpipaketS PIA kt- 17-Cti (7 RECEIVED FEB 2 1 2007 PLANNING DEVELOPMENT CONFIDENTIAL The Information contained In this facsimile message is legally privileged and confidential and is tended only for the use of the Individual or entity named below. Any other use, dissemination, distribution, disdasure or copy of this facsimile is strictly prohibited. If you have received thls facsimile in error, please Immediately notify us by telephone so that we may arrange the retum of the original transmission. Thank you. A id EGiONL ?CANNING DATE: February 15, 2007 Niagaralr. Region MEMORANDUM TO: Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department SUBJECT: Zoning By-law Amendment Application Owner /Applicant: Curtis Gall Developments Proposal: Expansion of Monroe Plaza Location: 4025 Dorchester Road In the City of Niagara Falk City File: AM40/2006 Our File: D.18.04.66.643060083 (ID #5611) Regional Niagara Public Works Department has reviewed the above referenced Zoning By- law Amendment and provide the following comments: Current traffic volumes are quite high on Regional Road 57 (Thorold Stone Road) between the Q.E.W. and Dorchester Road. This results in conflicts due to the proximity of the driveways to the intersection, especially the northbound and eastbound left-turn lanes at this intersection. The Intersection currently operates at a level of 'Service F' and is part of the interconnected system, which runs along Regional Road 57 Thorold Stone Road). This coordination helps out somewhat, but is definitely a bottleneck of the network. We do not believe we can give up any storage space for the eastbound left to provide a westbound left-turn lane into the development. There is a need for a Traffic Impact Study, which would reveal the amount of additional traffic accessing this site and which driveways will be utilized and what options may be available to improve the traffic flow, such as a median on Regional Load 57 Thorold Stone Road), which would make the existing entrance a right-In/right -out only. Wi It m ..tevens, C.E.T. Develo ment Approvals Manager Public Works Department Operational Support Services Division KS/cr L:\Engineering•Plan ningand-DevelopmenMWetrone -Carmen \Niagara Falls\CORRESPON DENCE 200713610.P.Colosimo.doc c: Eric Flora, P. Eng., Associate Director, Transportation Systems Mike Purcer, C.E.T., Design Technologist, Transportation Engineering Nick Rosati, C.E.T., Traffic Operations Technologist, Transportation Systems No. 9267 P. 2 A rm RECEIVED I 3 FEB202007 **Monti Municipality a tbagera Pt.P+t+MNG AL`4 drew ce- "e- zonins o the •ro•e at 4025 Dorc ester oa• From: To: Date: Subject: February 6, 2007 Gerald Kenney Andrew Bryce; bartmaves@niagarafalls.ca ioannoni©niagarafalls.ca 2(612007 11:42 AM Re- zoning of the property at 4025 Dorchester Road I have recently received a letter from Curtis Gail Development Corporation announcing their intentions of have the zoning of part the property known as 4025 Dorchester Road (Monroe Plaza) changed from Low Density Residential R4 zoning to Neighbourhood Commercial NC zoning. If successful in having this change implemented their plan is to construct two (2) freestanding buildings, one of which is a proposed drive through coffee shop. The proposed plan was received in the planning department at Niagara Falls City Hall on November 24, 2006. I have concems related to the proposed re- zoning of this property and planed construction of the above mentioned buildings. 1) My first concern is having a drive through coffee shop entrance 1.5 metres (5 feet from my property line. This would not only cause excessive noise both from the vehicles and the speaker box but the added exhaust fumes from these vehicles waiting in line for service. 2) There is already a traffic congestion problem at the intersection of Dorchester Road and Thorold Stone Road and the additional traffic from a drive through would only enhance this problem. 3) At times when the traffic is heavy drivers use the plaza parking lot as a short cut from Thorold Stone Road East bound to Dorchester Road South bound. As the parking area behind the present building is, at this time, gravel I can see this problem only becoming worse when the lot is paved. 4) At this time when I look out the back windows of my home I see the concrete block finish of the present building some 100 metres (325 feet) away. If the proposed buildings are allowed to be built I will have the displeasure of looking at the rear concrete block finish of a 23 metre (75 foot) long building only 7.5 metres (25 feet) from my property line. This is not something I had In mind when purchasing my home 5 years ago. 5) City by -law 2002 -199 would allow for this building to be used as an Adult Store if separated from another Adult Store by a minimum distance of 100 metres (325 feet). There is no such separation distance required between an Adult Store and residential properties which I think is absurd. 1 hope that you, Mayor Salci, Members of City Council and the City Planning Department will take my thoughts into consideration and reject the proposed re- zoning of this property. Respectively Gerald Gwen Kenney 6967 York Drive Niagara Falls, ON L2E 7A2 905 371 -2842 Gerald Kenney Infrastructure Systems Technologist The City of Niagara Falls Phone: (905) 356 -7521 Ext. 4258 Fax: (905) 356-2354 Pluming Scanned File 7 RECEIVED APR 2 3 2007 PLANNING DEVELOPMENT 4 20/2007 Andrew B ce unroe P aza Road Develo• ement Pa e 1 From: "Howard Johson Express" <hojollnf@belinet.ca> To: <abryce(tniagarafalls.ca> Date: 2/26/2007 4:26 PM Subject: Munroe Plaza Road Developement Dear Andrew Bryce: I would like to object to the development of a drive thru going thru the back of the Munroe Plaza from Dorchester Road to Thorold Stone Road for the following reasons: 1. Right now there is extensive truck traffic on the west side of the building. From pick -up trucks to transport trucks. They are travelling from Thorold Stone Road to Dorechester Rd. or the other way around. f�M q 2,3 o 6 2. Because of the major congestion now at the intersection of Thorold Stone Rd. and Dorechester Rd. this new proposed drive thru will allow even more vehicles to use this new short-cut causing even more traffic congestion and accidents. The vehicles using this new access from Dorchester Road will find it difficult to make a left onto Thorold Stone Road causing a Tine -up and vehicles iddling longer than necessary and distributing deadly exhaust fumes into the residental area where you will find my grandchildren playing in the my backyard since my property line lies next to this driveway. 3. After reviewing this with the Fire Department they stated as long as they have enough space to be able to service the buildings so they can turn the truck around two exits are not required as I understand. I would be more than happy to meet with you again to discuss this further. Sam Di Carlo 4058 McKinnless Cres. Niagara Falls, ON (905) 374-6901 cell (905) 358 -4100 tr,( lcn RECEIVED APR 2 3 2007 PLANNING DEVELOPMENT April 30, 2007 His Worship Mayor Ted Sa10 la ells C ANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -07 Request for Letter of Support for Creekstock RECOMMENDATION: Jurisdiction "ir Working Together to Serve Our Community CD- 2007 -07 That Council consider whether to provide a letter of support for Creekstock 2007, a wake boarding event planned for July 7 on the Welland River, subject to appropriate conditions, subject to appropriate insurance and all requisite permits, licences or approvals BACKGROUND: are applied for, obtained and proofs of such approvals are available on request during the event. Last July 8th, Creekstock, a wake boarding event took place on the Welland River, in the vicinity of Cummington Square in Chippewa. The event was organized and sponsored by Chippewa business, Beyond Boardom. It was, arguably, a resounding success with Cummington Square filled with spectators on a perfect summer weekend. The event took place without incident and had a positive economic effect on local businesses. When the event took place last year there was some concern expressed by the Niagara Regional Police. Despite an attempt this year to mediate an understanding between,the Police and the organizers, the Niagara Regional Police are unlikely to support the event, for reasons to be outlined later. The local Council does not have jurisdiction over waterways such as the Welland River. Transport Canada would be the governing authority. The event organizers may have to seek approvals from other bodies such as Ontario Power Generation, the Niagara Parks Commission and the Niagara Regional Police. Last year, the organizers did apply and receive the requisite road closure permit from the municipplity. Although the municipality has no formal authority over the Welland River, in the early 1980's the Council of the day petitioned Transport Canada to set a speed limit of 13 km per hour (8 miles per hour) for the section from the Boat Club to the Niagara River. Transport Canada approved the speed restriction and, as a result, would need a letter of support from Niagara Falls City Council for the planned July event. Such a letter would indicate that the Council wou9_`not be concerned about the speed of boats for this te weekend event. The organ jtdicate that only one boat would routinely exceed the speed limit during the ton. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Corporate Services Department Clerks April 30, 2007 Police Concerns 2 CD- 2007 -07 A meeting between City staff, the organizers and representatives from the Niagara Regional Police's Local Division and Marine Unit took place recently. The Police's concerns are enforcement of the speed limit and control of the river during the event. The Police indicated that they respond to many complaints of boats speeding on the Welland River during the summer months. They are concerned that an event like Creekstock only encourages speeding along the river. Also, the Police Marine Unit, which has the sole authority to enforce speed limits on the River, are put in an uncomfortable situation where they are being asked to "ignore" the law on the water. Not surprisingly, the Police Marine Unit has limited resources and covers a large expanse of water in the Niagara Region. As with last year's event, they will respond to complaints or incidents that may occur but they will not condone or support the event. Despite the efforts of the organizers, the Welland River is not a controlled waterway during the event. The organizers rely on the patience and cooperation of boaters, who may be passing through, to wait ten minutes while the competition is taking place. Last year, there were no issues, however, only the Police have the legal authority to stop a boater. If a boater adamantly wanted to proceed through the course, the organizers cannot legally stop them. Appropriately trained, Police officers may be available off -duty but to date the organizers have indicated that the costs associated with hiring the officers may be cost prohibitive. Event Organization Although last year's event went off without a hitch, there were some concerns expressed by various agencies that not enough information was provided by the organizers and the full extent of the events associated with the weekend were not apparent until the event actually took place. Based on a year of experience, it is hoped that the organizers would be able to provide a complete operations plan that will outline how the event is to unfold, safety measures that will be in place, mitigation of hazards and contingencies for possible problems. The operations plan should outline all waterway activities, a schedule of events, planned marshaling on the waterway and contingency plans to deal with currents and other boaters. In addition, the plan should also outline all on land activities: Road closures needed, parking, washroom facilities, garbage containment, pickup and clean up and vendors. Most important, the operations plan should have provisions for first aid and any emergencies that could occur. The organizers have been reluctant to finalize such a plan until they know that the event is definite. Staff appreciates the organizers' quandary, however, City staff and Police have to have a reasonable comfort level to provide any expressions of support. CONCLUSION: The event organizers of Creekstock are asking for a letter of support from Council to send to Transport Canada. If Council agrees to such a letter, Council would be condoning the non enforcement of the speed limit on the Welland River for the weekend event. Council would also be supporting an event that the Niagara Regional Police are not willing to endorse. April 30, 2007 3 CD-2007-07 If Council is to entertain providing a letter of support, the organizers should be required to adhere to the following conditions: The completion of a thorough operations plan, that is vetted with all appropriate agencies (Police, Fire, OPG, NPC). The operations plan should be completed to the satisfaction of the various agencies prior to any letter of support being sent; Marine Liability Insurance, Vehicle Liability Insurance and Public Liability Insurance coverage suitable to all aspects of the event ought to be obtained and maintained in an amount of at least $5,000,000 per occurrence throughout the event, with the City named as additional insured. Proof of Insurance ought to be provided to the City in a form acceptable to the City Solicitor which holds the City harmless from any claim arising from any claim, liability, loss, etc. from the event; All requisite permits, licences or approvals are applied for, obtained and proofs of such approvals are available on request during the event Recommended by: Respectfully submitted: Dean lorfida, Qyfector`of Council Services City Clerk •hr MacDonald, Chie Administ Ive Officer MAK U5 ZUUI MUN Ul:DI AM Niagara Supply Group FAX No YUb ib4 b10U Transport Canada Transports Canada Marino Maritime Ontario Region Region de POntario NIX. FALLS CLERKS IR 0305 11:15 100 Front Street South 100 rue Front Sud Sarnia ON Sarnia, ON N7T 2M4 N7T 21914" January 22 2007-- Mr. Steve Diomin Beyond Bearden', Inc. 8182 Cummington Sq. Niagara Falls, ON L2G 6V9 Best Regards, \a Mike Taber A/Manager Boating Safety Canada OVolre rgferencs E1 0 r F /�J roc Our file Notre faience: 8501 -3 Dear Mr. Diomin, This letter is to follow up on our telephone conversations we had over the past two months. I have received your promo package and the "Application to Hold a Regatta, Marine Parade or Boat Race" on November 14, 2006 for the Niagara Falls, Chippewa Creek area. Since then the Office of Boating Safety has requested the following Ietters of approval: A letter of approval from your municipality supporting the Wakeboarding Competition scheduled for July 7, 2007. A letter of approval from the municipal police force. From our last conversation in December you mentioned that the letters of approval were imminent. You also stated that time was required to organize and promote the event. I urge you to forward these letters of approval to this office at your earliest convenience so that I can process your request. Without these letters 1 cannot go forward with your application. RDIMS #2197269 P.001 CHIPPAWA'S CREEKSTOCK JULY D' 2007 03/08/07 This year we anticipate another wonderful day in Chippawa, and as always, open for any way to improve the event in any means. This year the outline of the day will basically be the same as last years successful event. Let me first provide an outline of who we are, our involvement, association and commitment to the days events. Matt Catherwood and myself Steve Diomin are owners of a retail store located in Chippawa who specialize in the areas of Wakeboarding, Snowboarding, Skateboarding and all related clothing and accessories. The business does not generate enough revenue to employ us full time so Matt works fulltime for Ennis Steel in Port Robinson, and myself work for Niagara Plumbing Supply in Niagara Falls. We work in the store around our current employment, and we will have worked over 65 hours a week for 3 years straight ending this march. If you have not heard about us as of yet we hope you will soon. As most will know the village of Chippawa is a tough market to make a business work. Currently surrounded by vacant buildings, from businesses who tried to come into the area and make it work but failed and had to leave, to buildings that the current owner is happy to have no commitment, responsibility and headache to the business world so they choose to leave their property vacant. Some businesses will shut their doors altogether for 7 months of the year and open just for summer. We are currently entering our third year of business and although we continue to strive forward, we have and will forgo the struggles of doing business in this area. On days like last years Creekstock, July S' 2006, it gave businesses in the area prosperous hope and a possibility of a future. Although it was an unbelievable amount of effort, that day generated excitement for our community. If you were to ask any respective business in the area that day, they would tell you that on that day provided more economic value on that day then maybe the whole summer or in some cases year. That doesn't mean that anybody got rich off the day, it just means, that one day of profitable business combined with numerous days of loss, gives the next day a hope. We as a business love the area, as we do call it home, but as it is no secret to anybody that's tried to conduct business in the area it is very hard, and for that we have to always keep open the possibility of relocation. Coordinating, organizing and hosting events such as Creekstock make staying in the area worth while, and although we Beyond Boardom are the organizers we are truly just another business in the area that benefit from the days events, no different then the Movie store who sold record amounts of Slushies who couldn't praise us enough, to the corner restaurants having to reject patrons to abide to capacity issues. Receiving the "Thank you's the letters of appreciation in the newspapers and just the ordinary public coming into the store and saying "Thanks" makes it all worth while to do again despite the countless hours of letter writing, meetings, and preparation. We want this to be a community involved event but even with it being sanctioned by the BIA and not just a Beyond Boardom coordinated day, we have been told "nothing will happen if we, Beyond Boardom don't create it," This year we have no additions or real changes to our proposed events, but always welcome any helpful suggestions. 7 act year we had a guideline to follow which was set out by Transport Canada. This year will be no different as we are in the midst of coordinating as we speak. This year we are looking for and are in the midst of receiving support from the City of Niagara Falls as a request from Transport Canada. Transport Canada (for lack of better words, is the waterway law maker) has requested that The City of Niagara Falls allow us Beyond Boardom to conduct this event in this area and that City of Niagara Falls lift the "No speed zone" as the City of Niagara Falls was originally who had the "no speed zone" put in place. This would only apply to the parties involved in the days event. We as a business totally support this request so that the bystanders, volunteers, and or respectful officials understand that this event was professionally organized, coordinated, and that there is a known respected party involved as "The city of Niagara Falls" and not an unknown Steve Diomin or Matt Catherwood of Beyond Boardom. With the two parties working together this event will be world class, and we hope that all parties involved will see to that. We as a business hope that this year with The City of Niagara Falls involved in the event it will make the coordination and communication with parties such as Niagara Falls Fire Dept. Niagara Parks Commission etc. a more understanding and easier process. This year we look forward to holding this event in the same safe fashion in which it was last year. The only difference we hope that this year, we have the guidance and support from The City of Niagara Falls, in regards to requesting the assistance of parties such as Niagara Falls Fire Dept. etc. The proposed day of July r 2007 will again host a wakeboard competition in the waters of the Chippawa Creek/Welland River at the Weightman bridge, a car show, live music, charity motorcycle ride along, and more. Again everything that happened last year we anticipate on doing again, no changes, no secrets, everything went as planned last year and was executed perfectly. The wakeboard competition is an official sanctioned event, in regards to the fact that it is an official licensed and insured event. It is a event sanctioned by the Ontario Water ski Association and we as the village of Chippawa are the host for this particular event. The competition is a tour based group of events, in which they have stops in cities such as Huntsville, Wasaga Beach, Ottawa etc, with competitors/participants and by standers that come from all across Ontario, Quebec and the North East United States. July 7`" is our tour stop if you will. The area in which the competition is run, is a rocky shored area with no docks in the competitors course area. This area has been deemed a no wake zone or no speed zone by the City of Niagara Falls. If you are unaware of the area, the exact area is from the Weightman Bridge to the mouth of the Niagara River and any local resident will tell you that this area is constantly neglected by boaters going far above the speed limit with no permission. The Niagara Regional Police will also echo this fact. In fact the area is a much safer area when our event is being conducted then any other given day. We have one boat that will travel 18mph approx. as opposed to numerous amounts of boats far exceeding 18mph. One of the duties that we must provide as an order from Tranport Canada and as a requirement on our behalf, is that the waterway /competition area be cordoned off during competition times. What exactly this means is that at both ends of the course, one end being the break wall bridge at the Niagara River and the other being the opposite side of the waterway approx. at the old railway bridge, 1000' from the Weightman bridge. The boat traffic is halted and is allowed to pass threw at intervals within the hour when the course is safe to pass. What is done in most cases around Ontario when these events are conducted is that the local Police will conduct this task. This operation can sometimes come at a costly measure. After meetings with The Niagara Regional Police it has been brought to our attention that because of lack of manpower and the large geographic area that they are responsible for they will not be able to assist us with this task. Last year we had the much needed help of the Niagara Falls Fire Dept with the Chippawa Volunteer Fire Dept patrolling the area with their Fire boats as a safety response team and their presence was an obvious reason for boats to take caution to the competition area. We also had clearly marked licensed watercraft and first aid trained volunteers on seadoos that were actually conducting the message to the oncoming boaters that the area was currently being used as a competitive waterway course and that if they could wait to pass threw the area safely it would be an approximate 10 minute wait. We had no incidents of belligerent boaters, and have no reason to have any this year. We don't think that asking a boater to wait l0mins. To pass threw is asking a whole not. Obviously the boating public agreed last year. What would make this event even safer would be if the Fire boats took this task upon themselves, to stop the boating traffic and brief them of the events. This task is looked upon by the Niagara Regional Police as a Liability issue and that no one other than the Police, are boaters responsible for stopping for. I personally see no liability issue here but maybe more of a "power control" issue, and that should not be the case. The task at hand here is to keep everyone involved as safe as possible, and the chances of that happening even though there was no incident last year, our chances are better with the help of The Niagara Falls Fire Dept/ Chippawa Volunteer Fire Dept and their Fire rescue boats. As the boating public approach the area the message to the boating traffic is safe and simple, "please do not proceed until notified." I do not see this message to have any concern for liability, but all to do with safety. I would hope that I am not the only one that shares this point. As was last year, there would be an official commander who is centrally located on the bridge who is responsible for communication between both ends of the waterway and with the officials running the event. Last year that official also happened to be an off duty Fire Fighter from Niagara Falls Fire Dept, and he would be more then happy to volunteer his help again. Last year I had numerous meetings with Gord Chase of Chippawa Volunteer Fire Dept. and Pat Burke of the Niagara Falls Fire Dept. in order to make the days events a success. This year I hope on receiving the same kind of support from Lee smith, and hopes that he will see our same focus. Last year we had a list of guidelines to follow from Transport Canada in order for this event to work, and they were all executed as so. We imagine this year will be the same, as we await documentation from Transport Canada in regards to this years events, Thanks, Steve Diomin, Owner Here is an approximate outline of last years day and the precautions /safety plans that we will put in place for this year: -All residents who could possibly be affected are briefed of the event with a hand delivered letter, stating the days occurrences, and welcomes their attendance. Greater Niagara Boat Club will have notices posted on property Niagara Regional Police are aware of the days events and will respond if needed or necessary Niagara Parks Commission are made aware for road closure reasons and that public will be viewing the event on Parks land Niagara Parks Police will be in attendance -St. Johns ambulance will be in attendance -Fire Rescue boats to be in attendance -Fire Rescue boats will be in communication with our central commander Permits for parks and road closure will be in place Volunteers line the shoreline to look for any unnecessary behavior -Day will start approx. 8:OOam to S:OOpm Despite some unnecessary last minute scrutiny last year, this event was under a huge microscope and the days events performed without incident. Although some of our precautions may sound unnecessary we feel as though our planning and organizing of last years event were a big reason to why we had zero issues, and that safety is job #1. I hope that you will see and understand that our proposal is very reasonable and that we are always open to any suggestions and or help that anyone may have. Sometimes individuals can get a feeling that something wasn't done properly or that something was done with out notifying somebody else, or a certain party is crossing their obligations. We are simply trying to do what's best and whatever it takes to make sure our events are a safe atmosphere for all involved, and I hope you will see and understand the huge impact in which it has on our community. We need the help and the support of our locals to make this a true success. Beyond Boardom 8182 Cummington SQ. Niagara Falls, On. L2O -6V9 4 2s0 Dean to i•a Cree stoc Pa•e 1 From: Lee Smith To: Dean Iorfida Date: 4/3/2007 4:52 PM Subject: Creekstock CC: Barney Ruddell; Gord Chase III Dean, I met with Steve Diomin today. He asked me to provide the Stn 4 boats for marshalling but I Informed him we were not prepared to perform those functions or become part of their operations. I made Steve aware that Fire is not prepared to assist in dosing off the waterway to watercraft for slalom runs. In addition, safety boats indicated In his requirements from Transport Canada must be provided by event organizers and our marine units are not to be considered satisfying these requirements. The NRPS may have Issues based on enforcement requirements and we find It difficult to support the event in opposition to their position. As with any community gathering, we consider attending where possible so our response to emergencies at the event is efficient. Please call if you require clarification or additional information. Lee Smith EFO, CET, CMMIII Fire Chief Niagara Falls Fire Services Ismith @niagarafalls.ca 905 356 -1321 Ext 2201 Dear Mr. Vince Kerrie, Further to our short meeting and as discussed back a few weeks ago in the Riverside Tavern, I am in need of your assistance. On July 7th of this year we the village of Chippewa, are anticipating Creekstock 2007. Last year was a tremendous success for all that took part, including participants, volunteers, locals, and businesses. As I understand you were in attendance for the day and were exposed to the days events. I cannot begin to tell you the countless number of hours of work and preparation that went in to that day, and because of the overall great success, the community demands that we do it again. The day which included a professional wakeboarding competition, car show, motorcycle show, live music and more along the Chippawa Creek/Welland River. With co- ordination and co- operation with such people as The Niagara Parks Commission, The Niagara Regional Police, The Niagara Falls Fire Dept., St. Johns Ambulance, and others, the days event went with out incident. This year transport Canada, who is the Governing body responsible for permitting such waterways are asking for a letter from the City of Niagara Falls simply stating that they are aware of the events taking place that day and that by following regulations and guidelines put in place the event will be another success. Transport Canada requires this letter because they claim that it was originally The City of Niagara Falls who required that a "no speed zone" be put in place for the area in which the water competition wishes to compete. This letter needs not to have any intention of The City of Niagara Falls claiming responsibility or liability for any of the events involved. All of the events that take place that day are fully insured by the parties involved. It is just simply a letter addressed to myself stating that "they are aware that they were the association who wanted the no wake or no speed zone put in place, and for that day they see that the events in place are of good nature and that are positive for the city, and that they have no obstruction with the regulation being lifted by transport Canada for the day of July 7th 2007." If you can make this a priority on your "many things to do list" it would be greatly appreciated to all who make Chippewa home. I do own a business in Chippewa and am the one who is behind most of the planning and organizing of the days events, but I think if you talk to any other business in the area they will tell you that that day July 7th of last year has given them new life and prosperous hope for conducting business in Chippawa. If you require any more detail, facts, or general information, by all means reach me at my contact info below. I didn't go into great depth of the exact detail on the days events, but can do so at any time, I just didn't because I was told that you were in attendance for that day last year. This is the final document that Transport Canada is need of before they will grant permits. Thank You.. Steve Diomin Beyond Boardom 8182 Cummington Sq. 905- 295 -1515 (business in which I am at after 5 on weekdays) 905- 380 -7775 cell 10014.1 ©Wit-IL. $uPPat(+ 84ftrtOrirriePS pplpp of WED tiwlTB QS 140 41YBR It vem moved Massa Mpnkin, seconded by Alderman Wa ran, that C a a resolution apostles the Ministry of Ot d Resour t sgpg to the 4aerteent of Transport na 1 1 N t o r !8 mites psr hout (13 kol be imposed ou That section lo e hint to the Wafted ti ter iege tbe s bmuoating Club P y; and that theme roPprist n uth of the of h es niestm t have werntng tenon authorities a Weban tee; t an fiatlfd ;ridge to diseou ese the the anti c nth the e rmb bj from the Intro open of the bridge cot the Thalia of diving n s aline boat" that s treats me net m both k en O a1v. Then Midst that. Po. 3 MOWS that the guotetta submitted by bathed 1 e sd n e no of 10,073.30 for the apply of one four drive p1 yelan glop be lotto affixed. piakwP rink 6s accepted; Alm than Sent of the Corporation Cargill with Alan ruttish abataiming, ylscc o: snur Toy R;BO1.Tt0 that the quotation subedited by An lb. dtd rite ann 0,041.01 for the purchase of one pick -up truck ban accepted; Ate the gel of the forPOSatim 1*. Wet* affi Carried with Alden Petrick abstaining• a conflict of in Aldssan 3cbialer cattrls sad all u .a t cur tuant IOW 110,113 concert Jana ba M Cdastn 4 lb. i- s t attmaa den to the moasgili spend over as paM tht M11M1d liven 11 ter last op to It 1T in the seubitishaettyof a thirteen kilos be IMMO Unit vide the reggitttaa of The Patch Shn A to apply to that patio ef the 4tlled live then the sleuth of the Ilel Rivet to the wsterly list 11 than Greater ltaprt theist OA PrePertf; that the tq cart responsibility for 4 1T tetlthl MONO KcecC sad sainteteace of gips; MO the Seal of the Corport foe be hart affixed. .1 =i Muni ftUME man ea the notion of Was Chessam, eseandd by Alderano sygpperaati at latest be panted to introduce the lollevfo3 by-aa, and nee htltw 04 Y first tea; lb�kB Sy-ler thettictlf the weight of vehicle patting over bridge on Whirlpool Shed. ofd that unto he follainf kyda h wog rea 0 woad end third tine ma tram tram A y-1a restricting tits weight of vehicles peseta over a Wage 1b, '14 .ice %%Wpm/ load. s gi on hasty the g t t w 110p issssse Co din nee e the n Vouv he lm{ rd Ndwdq, assn oa get t ettter e. a o*M 11 W St144 sit a d ted. ssan tt yor dvltd .da read asked that parking and those recreationn mould the be dismisseddealing with the see budget. PROPOSED DEVELOPMENT BUCMAMAN AYB1014 AND STANLEY A The City Manager referred to an application for st the corner of Buchman Avenue and Stanley Avenue through the the preview} meeting, however a ersine. that m time, the with the development as a zoning rescindment tether tl through the Committee of Adjustment. VACANT PROPERTIES Alderman Nerrett stated that he had received a regarding vacant hones .t 4570 Lee Avenue and 5951 have become vary run down, and WHIG on the lot ere requested stetf to check into the complaints. MQOlORAL 4EAIQUART4RS Alderman Cummings commented that while he wee decision made by Regional Council to locate the ne wished Thorold. he mr to have one of the Niagaaas1alle ch sixes r 6i men. Alderman Mac3eia asked if there e tut Kept* Palle alts to be *bean, since a Thomson involved le t costs for and land acquisition whe he could substantially by r y inted out the tint services uld oh s Mayor Thomson atatd that great dal of vo presenting the three sites, and there bad been no of the sites were excellent sad should have been although the Thorold site the a good location. rot had been a political decision. With respect to 1 objective to the Thot1A site, Mayor Thomson anal foolish going back 4* Rectal Council at this p< little support for an attempt to re -open the mat' state that should The ovate for the Thorold site if any dingo The made from what badgoriginallyl most strenuously. In response in dissolute the CCtty'i proposed sites. urgency dissolute Alderman Mackin stated that according to t had b. th cording to tk Alderan uderstlading to choose the There'd knot or any other netted of scent voting was pointed out that atonal motion was made fo11a ay clear up any legal question as far as the t Alderman MacBdn felt that if the asn*mra of Re favour the Thorold censidsred be of o effeet Alderman Pettick stated that an Ontario Its required as a realt of citizens gestioning servicing and construction of building on n of the secret ballot was brought out at that t: login to repeat the process of choosing a sit' would quietly investigate the matter and talk The Sayer doubted bted hieefforts would make anyd tint, heaver he did muse an Ontario Mwic1pe attere. *ldttmen Outings *eked the Mayor if he 1 for one of the Sieger* Tells mites to be chose tha City could mount on no support free It. Gi either Mould or Mialetaon- tba4ake, or any The votes f r o m f St. dttigdes, Steroid sad Kit lector la Niagara The City F a s Fiis Canad� Mr. Steve Diomin Mr. Matt Catherwood c/o Beyond Boardom 8182 Cummington Square Niagara Falls ON N3H 5M1 Dear Messers. Diomin Catherwood: Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis.ort.ca Tel: (905) 356 -7521 Fax. (905) 356-9083 E-mail: dlorfda ©city.nlagarafalls.on.ca July 7, 2006 Dean Iodide City Clerk Re: Creekstock- Wakeboarding Competition It has come to the municipality's attention that you are planning the above noted event for July 8 Further it is my understanding that the competition events will take place on the Welland River. Despite the inferences of other agencies, the municipality is not a formal approval authority for activities on waterways such as the Welland River. Any notification to the municipality of activities on the waterway would be a courtesy only. It is my assumption that you may have to seek approvals from, but not limited to, Transport Canada, Ontario Power Generation, the Niagara Parks Commission and the Niagara Regional Police. With regard to your event, the one area in which the City is the approval authority is use of various municipal roads. You are obviously aware of this and have made the appropriate applications for closure of Cummington Square and Cummings Lane (see attached). Once again, thank you for applying for the requisite road closures. Please ensure you have approvals from the various other applicable authorities Sincerely, Dean Iorfida City Clerk Ext. 4271 c. Mayor Ted Salci Members of Council Senior Staff, City of Niagara Falls Peter Garapick, Regional Manager Boating Safety, Transport Canada Inspector Robert J. Wright, Inspector, Emergency Services, Niagara Regional Police Sarah Wood, Manager, Events and Public Relations, Niagara Parks Commission Karl Dren, Manager, Traffic Parking Services, City of Niagara Falls Sue Wheeler, First Attendance Supervisor, City of Niagara Falls Working Together 0 Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development Your Worship Mayor Ted Satci and Members of Niagara Falls City Council c/o City Hall 4310 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 April 17, 2007. Your Worship and Members of Council, Museums provide communities with a place where the past comes alive and where the treasures that make a community unique are preserved and held in trust for future generations. The Board of Museums recognizes this important role that Museums and historic sites play in our community as stewards of our shared identity and legacy. The Month of May is Museums Month in the Province of Ontario and May 18"' is International Museums Day. Both of these initiatives are designed to provide visibility to the incredible diversity of museums in communities across the province and the world. The Board of Museums has participated in this initiative for the past several years through special offerings to the community. This year, the Board of Museums and the Niagara Parks' Heritage Sites have partnered again to offer a Heritage Passport, available to local residents to visit seven historic sites: The Lundy's Lane Historical Museum, the Willoughby Historical Museum, the Battle Ground Hotel Museum, Old Fort Erie, Mackenzie Heritage Printery and Newspaper Museum, Laura Secord's Homestead, and McFarland House. The Passport will provide complimentary admission to these venues during the weekend of May 18 to 21s`, 2007. The Board of Museums would like to request City Council consider proclaiming May 2007 as Museum Month in Niagara Falls and recognize May 18th as International Museum Day being celebrated in our community Thanks you very much for your time and consideration. Sincerely, rdon West Chairperson, Niagara Falls Board of Museums City of Niagara Falls Board of Museums 5810 Ferry Street Niagara Falls Ontario L2G 1S9 Tel: 905- 358 -5082 Fax: 905- 358 -0920 Minister Ministre delegue Responsible for aux Affaires des Seniors personnes agees 9" Floor, Hearst Block 900 Bay Street Toronto ON M7A 2E1 Tel.: (416) 326 -9326 Fax: (416) 326 -9338 March 2007 Dear Mayor (or Reeve), 9`etage, Edifice Hearst 900, rue Bay Toronto ON M7A 2E1 Tel.: (416) 326 -9326 Theo (416) 326 -9338 A RECEIVED MAR 2 7 2001 MAYOR'S OFFICE I am writing to ask that you consider officially proclaiming June as Seniors' Month in your community this year. Ontario has been celebrating Seniors' Month for more than 20 years now. Hundreds of communities across the province hold events to recognize the contributions of older adults and to promote awareness of active living and healthy lifestyle choices. The theme this year is Active Living: Share Your Experience. Our goal is to encourage older adults to become involved in programs so that their wisdom and experience might benefit others. In the past, communities have reached out to older Ontarians by organizing local information fairs, celebrating seniors' achievements, providing information, and by encouraging seniors to remain active and engaged. Seniors' Month is a good opportunity to put the spotlight on the local services and programs available in your community to help frail seniors live with dignity, and as independently as possible. For your convenience, a sample proclamation is enclosed for your consideration. Please let us know if you will be honouring seniors in your community this June with a local proclamation. You can contact us by email at seniorsmonth©ontario.ca. We will be sending promotional materials soon. Please let us know what you are planning and we will post your event information on the Ontario Seniors' Secretariat website found at www.ontarioseniors.ca. Sincerely, Jim Bradley Minister Enclosure 0128 Seniors' Month Proclamation Seniors' Month June 1- 30, 2007 WHEREAS Seniors' Month is an annual nation -wide celebration; WHEREAS seniors have contributed and continue to contribute immensely to the life and vibrancy of this community; WHEREAS seniors continue to serve as leaders, mentors, volunteers and important and active members of this community; WHEREAS their contributions past and present warrant appreciation and recognition and their stories deserve to be told; WHEREAS the health and well -being of seniors is in the interest of all and further adds to the health and well -being of the community; WHEREAS the knowledge and experience seniors pass on to us continues to benefit all; I, Mayor do hereby proclaim June 1- 30, 2007 Seniors' Month in and encourage all citizens to recognize and celebrate the accomplishments of our seniors. Dated in the Mayor's Office on this day of 2007. Mayor pn (*RAMO MRKSASSOCIATION Protecting Tomorrow Today (oFA OHTWRVO RECREATION FACRAIES As50CIATKKJ INC. e veryd ay. June is Recreation and Parks Month To: Mayor Salci and New Council, In Ontario, June has been proclaimed as Recreation and Parks month. Celebrating the benefits of parks and recreation is an exciting way to lumpstart" the summer season and profile many of the important and valued services, events and facilities across the Province. We also know, two-thirds of Canadians are inactive and we continue to see significant increases in obesity rates, most alarmingly in children and youth causing a serious threat to their personal health, as well as a strain on the already burdened public health care system. In Ontario, obesity costs approximately $1.6 billion annually. Increasing citizen participation in recreation and parks activities is one of the best ways that health care costs can be reduced. "June is Recreation and Parks Month" (JRPM) is a growing national campaign that provides a great opportunity to draw attention to the important benefits and values of recreation to individuals, families, neighborhoods, and communities. "Live it Everyday" is our theme created to express the need to embrace and participate in recreation and parks programs, services and facilities, everyday! Our four sponsoring organizations have created numerous tips and resources to assist your community or agency in celebrating the benefits of parks and recreation services. We are proud to launch the June is Recreation and Parks Month Community Tool Kit, enclosed for your dissemination within your community. This tool kit provides you with valuable information and resources such as a community proclamation template, fact sheet, event ideas, success stories and numerous links to organizations that can assist in your JRPM planning. This June, make it a "Recreation and Parks Month Join the growing number of Ambassadors that celebrate and recognize the value of recreation and parks within their community. Get active, get healthy, and "Live it Everyday!" Sincerely, Darlene Joslin Chair, Provincial JPRM Committee www. reca nd pa rks m o nth. ca Your Worship, Sinc OUTn Mayor Ted Salci The City of Niagara Falls Wednesday, February 28, 2007 Brian Scrive Chair of the Boar. o Directors OUTniagara: Uniting Niagara's Sexual- and Gender Diverse Community 82 Queen Street, Lower Suite I St. Catharines, Ontario 1 L2R 5H3 905.380.28581 www.outniagara.ca While snow remains on the ground throughout our region, OUTniagara and its partner organizations are looking forward to Niagara's 3 Annual Pride Festival which takes place across Niagara during the month of June. The Festival has a long history in the region; built upon the traditions of the Niagara Pride Picnic which, until 2005, was the single annual celebration of Niagara's Sexual- and Gender- Diverse Community. Now, the festival has become a month -long event that reflects the diversity and unique personality of the Niagara Region. The City of St. Catharines has played an important role in that success over the past two years. Our community proudly joined Mayor Tim Rigby in 2005 and Deputy Mayor Sue Erskine in 2006 as they raised the Pride Flag to the top of the flag pole at City Hall. It is hard to put into words the effect this small gesture had on the thousands of members of the sexual- and gender diverse community in Niagara. To say the least, it offered an unprecedented message of welcome to our often marginalized members. Niagara's 2007 Pride Festival will include social, cultural, and recreational events which will serve to raise awareness of and funds for the charitable and non profit organizations which are partners in OUTniagara; organizations which provide important support services in Niagara Falls and all 12 of Niagara's municipalities. We hope that you will support us in this endeavor and join other Niagara municipalities in raising the Rainbow Flag above the City of Niagara Falls for the month of June. Scott Clarkson Gyro District III Secretary Treasurer and 2007 International Convention Co -Chair Po Box 1448 St. Catharines, ON L2R 7J8 His Worship Ted Salci Mayor of Niagara Falls March 4'", 2007 Dear Mayor Salci, The Gyro Club of St. Catharines is hosting the Gyro International Annual Convention at The Hilton Fallsview in Niagara Falls, June 4i -10 2007. Founded in 1912, Gyro is an organization existing for the sole purpose of promotion of friendship. Gyro International currently has approximately 5000 members throughout the US and Canada. Roughly 400 of these members are expected to visit Niagara Falls in June. We are proud of our achievements building fellowship and fun between clubs and their members. In fact, a plaque is permanently located at the International boundary on the Peace Bridge noting such purpose. As a part of our convention celebration, The Gyro Club of St. Catharines is requesting the City of Niagara Falls to declare the week of June 4' -10'", 2007 the "Gyro International Week This will help to honour our unique organization and continue to promote the friendship we exemplify between the two great nations of Canada and The United States. Included in this declaration of Gyro Week, we would also request the raising of The Gyro Flag at your city hall on Monday June 4 2007. Representing Gyro at this event, among others, will be the President of Gyro International, Jim Roberts of Vancouver, BC. Also present will be St. Catharines Gyro member and Regional Councilor Tim Rigby as well as the undersigned convention co- chairs. We thank you for your consideration of our request. We look forward to hearing from you soon. Yours Truly, Scott Clarkson Frank Cooper Convention Co -Chairs April 30, 2007 CD- 2007 -09 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -09 Animal Control Services RECOMMENDATION: For the information of Council. BACKGROUND: NiagaraJ CANADA On March 19 in response to a question during Community Services Committee a verbal update was given on the status of the Animal Control Services contract and related request for proposal. It is appropriate to provide Council with some background on what has been done to date and what is expected in the future, to buttress the verbal report. In 1999, the City entered into a new agreement with the Niagara Falls Humane Society for dog control, pound keeper services and animal services. Although the agreement had not been formally updated since then the parties operated under the same governing principles and since that time the Niagara Falls Humane Society had made an annual request for a "fee for service In 2006, the Humane Society requested that the agreement be updated. The pertinent staff met regarding the matter and it was agreed that it was appropriate to send out a request for proposal to gauge whether there were other interested parties that might want to bid on the service. It was hoped that a competitive bid process would require the proponents to "sharpen their pencils" and come in with a financially reasonable, yet sustainable, proposal. A team of staff from Supply Services, By -law, Clerks, and Legal were involved in devising a Request for Proposal (RFP's). Similar, recent RFP's from other municipalities were used as a guide. In December 2005 the Request for Proposal was advertised, posted on the City's website and sent to a list of possible proponents in the Niagara Region. Despite the hope that the municipality would receive a number of proposals from a variety of providers, upon closing, the City received only two proposals: one from the current provider and one from a pri individual. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks April 30, 2007 2 CD- 2007 -09 In light of staff's knowledge of the proponents, it was decided that an independent third party should be brought in to review the proposals. Staff enlisted the assistance of Mr. James Bandow. Mr. Bandow's credentials are impeccable: General Manager of the Hamilton SPCA, which served five municipalities in the Hamilton Wentworth Region, from 1980 to 1984. General Manager of Animal Control Services for the City of Toronto from 1989 to 1999. He now runs James H. Bandow Associates, which have reviewed animal control services and service delivery models for such municipalities as Halifax, Ottawa, Markham and Thunder Bay. Numerous professional credentials and affiliations. Conducts various training sessions, including recent ones on Pit Bull legislation. When Mr. Bandow first met with staff, he outlined various flaws with the RFP developed. Some of his comments: A lack of deliverables in the RFP. No incentive for performance by the animal control service provider. They get paid regardless of performance. Lack of reporting requirements by the successful proponent. Unrealistic expectations, such as three sweeps a day, which may not reflect the needs in the community at a given time. The possibility that certain requirements, such as the need for the proponent to have a physical shelter in the community, may have dissuaded other possible proponents. Upon hearing Mr. Bandow's pertinent comments, staff felt that it would be appropriate to rethink the RFP and take a broader look at what would be the appropriate service delivery model. Mr. Bandow has put forward a work plan. He will undertake a review of animal control services as they are currently provided to residents in the City of Niagara Falls, Ontario, and based on such a review will make recommendations about the most appropriate animal care and control service delivery model for the City. Such a review would deliver the following: an assessment and evaluation of by -law enforcement services. identification of best possible alternatives to the current service delivery model. identification of the best animal care and control service delivery model for the future based on their findings. Mr. Bandow will accomplish the deliverables by evaluating the following, amongst other related areas: review past animal related issues encountered. review all animal- related by -laws, and, where appropriate, provide recommendations how such by -laws and their enforcement might be strengthened. to review the current animal licensing program and provide comments on licence structure and enforcement. April 30, 2007 3 CD- 2007 -09 to analyze current processing and dispatching of complaints. to evaluate the feasibility of City- operated animal service delivery vs. contracted service delivery. to meet with stakeholders to determine public interests and perceptions about the current animal care and control programme. to develop specifications for a potential municipal sheltering facility together with estimated capital and operating costs to provide a City- operated animal service. If the recommendation is to re- tender the RFP, Mr. Bandow will be involved in the development of that document and review the submissions. Mr. Bandow has stressed that he is not tied to a particular delivery service model (private vs. public) and that different models work for different municipalities. CONCLUSION: Although the Animal Control Services process has taken longer than expected, staff is confident that the review to be undertaken will lead to the best service delivery model for the municipality. No model is being presupposed, so the eventual recommendation could be to re- tender, take over services in -house or some public /private partnership with qualified partners. Funds are available through_the operating budget for the review. Staff is confident that based on the company's credentials, they will deliver an appropriate final document. Mr. Bandow anticipates a project time line of approximately six weeks. Staff will bring back a report in early summer. Recommended by: Respectfully submitted: Dea ty Clerk acDonald, Chief Adminisjfative Officer April 30; 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario ie NiagaraJalls CANADA Members: Re: F- 2007 -15 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to March 31st, 2007. 1. Tax Receivables Current Taxes 2007 2006 Percentage Collected 49% 50% Levy to Date 70,687,117 68,335,159 Penalties Charged 119,402 104,070 Collections 34,940,783 34,300,075 Balance 35,865,736 34,139,154 Tax Arrears 2007 2006 Percentage Collected Opening Balance Penalties Charged Collection Balance Total Unpaid Taxes 19% 18% 14,489,650 14,461,355 598,560 595,167 2,814,332 2,739,830 12,273,878 12,316,692 48,139,614 46,455,846 Working Together to Serve Our Community c F- 2007 -15 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca orporate Services Department Finance April 30, 2007 2. Other Receivables Sundry Receivables 2007 2006 Accounts Receivables 969,097 1,516,353 Finance staff has increased the focus on tax collections and follows a collection procedure to ensure that all accounts are collected in a timely manner. All overdue accounts are charged penalty /interest of 1 -1/4% per month. Recommended by: Respectfully submitted: Anny Felicetti 2 F- 2007 -15 z Todd Harrison, Acting Direct; r, Financial Services o Jf MacDonald, Chief Administrative Officer April 30, 2007 IS- 2007 -02 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: I8- 2007 -02 MPAC Municipal Licence Agreement RECOMMENDATION: Niagaraf/aIIs CANADA 1) That the City of Niagara Falls enter into a data Licence Agreement with the Municipal Property Assessment Corporation (MPAC); and 2) That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: "The Corporation of the City of Niagara Falls wishes to enter into a licence agreement with "The Municipal Property Assessment Corporation" in order to receive assessment based data for the year 2007. The purpose of this legal agreement is to establish a method by which the City of Niagara Falls can obtain electronic assessment data, from the Municipal Property Assessment Corporation, and establish acceptable guidelines for it's use. In the past, the City has entered into a number of different legal agreements in order to obtain assessment data products from the Municipal Property Assessment Corporation. In an effort to streamline and clarify this process, MPAC has developed one agreement which pertains to all of their products. There are four products offered by MPAC. Only two of these are required for the City to maintain it's current level of service. The other products on offer would require the City to expend a lot of time and money to achieve minimal improvement in service. Staff therefore recommend that the City agree to accept only the Municipal Kiosk and Municipal Connect products. This agreement is at no cost the City and is for a term ending December 31, 2007. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Information Systems April 30, 2007 Council's concurrence of the recommendation and agreement to authorize the Mayor and Clerk to sign the main agreemer along with the ''roduct Use Sheets for the Municipal Kiosk and Municipal Connect p o ucts, would b ppreciated. Recommended by: Respectfully submitted: 2 IS- 2007 -02 r ation System MacDonald, Chief Administr Working Together to Serve Our Community tive Officer April 30, 2007 MW- 2007 -41 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -41 Contract 2007 -08 2007 Surface Treatment Program RECOMMENDATION: BACKGROUND: 1.Norjohn Contracting 2.Circle P. Paving Niagaraaaaaaa& lls That the unit prices submitted by the lowest tenderer Norjohn Contracting be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, April 17, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Four (4) Contractors and Two (2) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. Along with the corrected bids( Niagara Falls Stevensville Working Together to Serve Our Community 833,325.41 834,905.41 890,331.90 The lowest tender was received from Norjohn Contracting in the amount of 834,905.41. This contractor has previously performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Municipal Works April 30, 2007 2 MW- 2007 -41 The engineer's estimate for this contract was 814,000.00. Project Costs: Awarded Contract (excluding GST) 834,905.41 Total 834 905.41 Funding: 2007 Surface Treatment Program (Account No. 12 -3- 310040 030000) 833,400.00 Total 833,400.00 This project is scheduled to commence construction June 1, 2007 and all work is to carry through until August 31, 2007. Surface Treatment will be completed up to the budget amount utilizing the unit cost in the contract. Council's concurrence with the recommendation made would be appreciated. Recommended by: a Ed Dujlovic, xecutive Director of Community Services Respectfully submitted:' Joy' MacDonald, Chief d5'C minislrative Officer F. Tassone S:IREPORTS12007 Reports\MW- 2007 -41 Contract 2007 -08 2007 Surface Treatment.wpd April 30, 2007 R- 2007 -08 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2007 -08 2007 Special Events Agreement RECOMMENDATION: That the Mayor and Clerk be authorized by Council to sign all Agreements related to the various events being held at the Niagara Falls Memorial Arena in 2007. BACKGROUND: A number of special events are currently scheduled and are booked to be held at Niagara Falls Memorial Arena in 2007. Several of these events are reoccurring events that have taken place in the Arena for many years. As has been the practice in the past, staff has negotiated all arrangements with the event organizers using a standardized rental agreement developed by the City's Legal Services. The following events require Agreements and execution by -laws: Garden Brothers Circus Shrine Circus Festival Cheerleading Festival Concerts Recommended by: ry -r- Niagara,Falls CANADA June 15 -18, 2007 July 16, 2007 November 30 December 2, 2007 December 3 -8, 2007 Denyse /Morrissey, Direct° of Parks, Recreation Culture 7150 Montrose Road, Unit 1, Niagara Falls ON, Canada L2H 3N3 905- 356 -7521 www.niagarafalls.ca acDonald, Chief Administrative Officer pecial Events Agreements.wpd Working Together to Serve Our Community Community Services Department Parks, Recreation CuI Respectfully submitted: SH /das S:1CounciRCouncil 20071R -2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with Shrine Circus /Xentel D.M. Incorporated respecting the use of the Niagara Falls Arena for a one day circus event. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated March 12, 2007 and made between Shrine Circus/Xentel D.M. Incorporated as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Arena for a one day circus event to be held on July 16, 2007, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007 April 30, 2007 April 30, 2007 THIS AGREEMENT made this 12th day of March, 2007. BETWEEN: Shrine Circus/Xentel D.M. Inc. Hereinafter called the "Licensee of the FIRST PART; and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City", of the SECOND PART. WHEREAS the City is the owner of the Niagara Falls Arena (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with Circus (a one day event) (hereinafter referred to as "the Event AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: Term of the Agreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of a one day circus on July 16, 2007. Payment: 2. The Licensee agrees to pay to the City a rental fee of 3,905.50. (G.S.T. included) 3. The Licensee shall submit a non refundable deposit of 1,000.00 on the execution of this agreement, which deposit shall be credited toward the rental fee. 4. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. Complimentary Tickets: 5. The Licensee agrees to reserve for the City 20 complimentary tickets for the Event. Facilities. Equipment and Personnel: 6. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: (b) Equipment: (c) Personnel: Arena Floor Spectator Areas Parking Lot Changerooms Upper Lobby Box Office Lobbies Forklift 20 Tables Chairs 2 Full Time Staff 10 Security Staff Cleaning and Heating of the Arena: 7. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 8. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Changes: 9. The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear. 10. The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. Electrical Installation: 11. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the Licensee's expense, including the payment of any permits as may be required for the electrical installation. Removal of Equipment: 12. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena at the conclusion of the Event. 13. The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move. 14. The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. Advertising the Event: 15. The Licensee shall, at it's own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertising the Arena: 16. The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City. 17. The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 18. All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee. 19. The Licensee shall not obstruct any portion of the entrances, halls, vestibules, or ways of access to the public utilities of the Arena. Advertising Beyond the Arena: 20. The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 21. The Licensee shall only use advertising signs and other similar materials used to promote the Event beyond the Arena that have been approved by the City. 22. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 23. Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 24. The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 25. The Licensee agrees to assume all liability and obligations for any and all loss, 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, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 26. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises 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 legal liability endorsement. 27. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 28. In the event that the Licensee shall fail to comply with the terms of this agreement or to fail to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 29. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non Assignability: 30. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 31. Where 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 thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. Notices: 32. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. Attention: Licensee: Shrine Circus/Xentel DM. Inc. c/o Gary Brush 8000 Jane St., Tower A. Suite 401 Corcord, Ontario L4K 5B8 Buddy Lowe, Superintendent of Recreation Facilities, Arenas 905- 358 -3805, Ext. 221 905- 354 -9119 Fax blowe@aniagarafalls.ca 416 -633 -4646, Ext. 222 Phone 416- 633 -4643 Fax 33. Any such notices mailed as aforesaid shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 34. Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is not a business day, such notice or other communication shall be deemed to have been given and received on the following business day. Confidential material and billing shall not be delivered by fax or other means of electronic communication. Severability: 35. If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. Compliance with the Law: 36. The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Ad: 37. The Licensee, its officers, employees, and agents shall take all precautions necessary during the term of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 38. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, 0.0.1, as amended. 39. The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended. Workers' Compensation Act: 40. The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, c.W.11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 41. This agreement shall be construed in accordance with the laws of the Province of Ontario. Concessions: 42. The Licensee agrees to the arrangements herin as outlined in Schedule 3. Whole Agreement: 43. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. Name: Title: I have the authority to bind the Corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS NamerRjt. (TsLt)3ak.i Title: Mayor Name: -DJz Ctor ic(cL Title: Clerk Schedule 1 Hours of Use Monday, July 16, 2007: 12:00 am midnight 7:00 am Building Open 2:00 pm Sound Check 3:30 pm Doors Open 4:00 pm Show Starts (2 hours)" 6pm -7pm Clean -Up 7:00 pm Doors Open 7:30 pm Show Starts 9:30 pm Finish Schedule 2 Expenses Rental Costs (1 Day) $2,000.00 Security /Cleanup 500.00 Electrician Fees N /A* Concession Partial 150.00 Concession Full 1,000.00 $3,650.00 G.S.T. 255.50 Total $3,905.50 Additional Costs: Socan Fees To be paid by Shrine Circus Corp. Electrician Fees Costs to Follow -10- S:WrenasSPECEVENAGREEU.El 1 ERS\shrinecircusO7..wpd Schedule 3 Concession Privileges The Licensee is permitted to sell all Concession items on the Arena Floor and in the hallways and lobbies only. The Licensee will not have access to the City's Concession Stands or supplies. As per schedule 2, the Licensee will pay $150.00 for Partial Concessions, and $1,000.00 for FLIT Concessions on Arena Floor upon execution of this agreement. Novelty Concessions Shrine Circus must have all required licensing and permits in place prior to any sales. Please check with Lydia Picca in Clerk's Office at City Hall (356 -7521, extension 4283). A by -law to authorize the execution of a Development Agreement with Grand Niagara Resorts Inc. respecting Grassy Brook Road, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Development Agreement dated the 13 day of February, 2007 and made between Grand Niagara Resort Inc. and The Corporation of the City of Niagara Falls with respect to the lands comprised of Parts 2, 3, 4, 5, 6 7 on Reference Plan 59R- 13238, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to the terms and conditions as described in the Development Agreement attached as Attachment "1", is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required road widenings, easements and lands for municipal purposes are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Development Agreement, grants to The Corporation of the City of Niagara Falls of any lands for municipal purposes required by it and such other conveyances, agreements and documents which the Acting City Solicitor deems necessary to carry out the intent of this by -law and the said Development Agreement, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Development Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmation from the Director of Planning and Development that all of the City' s conditions for the execution of the said Agreement have been satisfied. Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007. April 30, 2007. April 30, 2007. CITY OF NIAGARA FALLS By -law No. 2007 GRAND NIAGARA RESORTS INC. DEVELOPMENT AGREEMENT DEVELOPMENT AGREEMENT INDEX SECTION TITLE PAGE 1. LANDS AFFECTED 3 2. RECITALS 3 3. TAXES 3 4. DEFINITIONS 3 5. WATERMAIN DISTRIBUTION SYSTEM 4 6. NIAGARA FALLS HYDRO 4 7. LAND FOR MUNICIPAL PURPOSES 4 8. COMMENCEMENT COMPLETION OF WORKS 5 9. ENTRY BY MUNICIPAL EMPLOYEES, CONTRACTORS OR AGENTS 5 10. RELOCATION OF SERVICES 5 11. PROHIBITION AGAINST DEBRIS ON MUNICIPAL LANDS 6 12. PAYMENT OF COSTS OF WORKS 6 13. LIABILITY OF DEVELOPER INDEMNIFICATION OF CITY 6 14. INTEREST 7 15. EXPENSE TO BE PAID BY DEVELOPER 8 16. REGISTRATION OF DOCUMENTS 17. ZONING AMENDMENTS 8 18. NOTICES 8 19. BY -LAWS 8 20. AGREEMENT BINDING 8 21. SUCCESSORS ASSIGNS 9 22. SCHEDULE "A" 10 (DESCRIPTION OF DEVELOPER'S LANDS) 23. SCHEDULE "B" 11 (DESCRIPTION OF CITY LANDS TO BE CONVEYED TO DEVELOPER) 24. SCHEDULE "C» 12 (WATERMAIN EASEMENT) 25. SCHEDULE "D" 14 (EASEMENT AND LANDS CONVEYED FOR MUNICIPAL PURPOSES) THIS DEVELOPMENT AGREEMENT made this 13 day of February, 2007 BETWEEN: 1. LANDS AFFECTED 2. RECITALS 3. TAXES 4. DEFINITIONS GRAND NIAGARA RESORTS INC. Hereinafter called the "Developer and THE CORPORATION OF THE CITY OF NIAGARA FALLS, of the FIRST PART; Schedule page 3 Hereinafter called the "City of the SECOND PART; WHEREAS the Developer has made applications (the "Applications to The Corporation of the City of Niagara Falls pursuant to sections 22 and 34 of the Planning Act, R.S.O. 1990, for approvals to amend the Official Plan and Zoning By -law for the lands (hereinafter collectively called the "Development attached hereto as Schedule "A" and entitled GRAND NIAGARA RESORT, being registered as Part of Lots 1, 2, 3, 4, 5, 6 and 7, Broken Front Concession in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara; AND WHEREAS in accordance with the conditions imposed by the City pursuant to the Applications, the Developer is required to enter into this agreement respecting the closure and conveyance of Grassybrook Road between Morris Road and Montrose Road, being Parts 2, 3, 4, 5, 6 and 7 on Reference Plan 59R- 13238, and Crowland Avenue between Grassybrook Road and Biggar Road, being Part 1 on Reference Plan 59R -13238 attached hereto as Schedule "B" (with such portions of closed roads to be referred to as the "Closed Roads AND WHEREAS the City requires access to the lands described in Schedule "A" and "B" for the purposes of constructing a municipal watermain and cul -de -sacs. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval of the said Development, after compliance with all the requirements hereinafter set forth, and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Developer and the City hereby covenant and agree each with the other as follows: The lands affected by this agreement are all those lands described in Schedule "A" attached hereto (hereinafter referred to as "the lands and the Developer warrants that it is the registered owner thereof free and clear of all encumbrances. The Developer agrees that all of the recitals to this agreement are true and accurate and shall form part of this agreement and that the Schedules "A "B "C "D" attached hereto shall form part of this agreement. The Developer shall pay to the Treasurer of the City, on or before the execution of this agreement by the City, all arrears of taxes (if any) and current taxes including local improvement rates to December 31st, 2006 owing in respect of the lands and the buildings situated thereon. In this agreement, "Director of Municipal Works" shall mean the Director of Municipal Works of the City of Niagara Falls and for the purpose of exercising any of the powers or duties of the Director of Municipal Works under this agreement shall include any employee of the City authorized by the Director of Municipal Works to exercise any such powers or duties and all the work required hereunder shall be done and performed, and all material Schedule page 4 required for the said work shall be supplied to the specifications and directions and to the satisfaction of the Director of Municipal Works. 5. WATERMAIN DISTRIBUTION SYSTEM The Developer agrees to grant to the City such easements as hereinafter provided, on such terms and pursuant to such conditions as are generally set out in Schedule "C 6. NIAGARA FALLS HYDRO (1) Where applicable, the Developer is to arrange with Niagara Falls Hydro: (a) for the design, provision and installation of all electrical transmission and distribution systems that may be required to serve all lands described in Schedule "A" attached hereto with electrical power in a location and to specifications approved by Niagara Falls Hydro, and (a) (i) (Hi) all such facilities, that, in the opinion of Niagara Falls Hydro and the Director of Municipal Works are capable of being installed underground, are to be installed underground, and all transformers are to be pad mounted, above ground type units, and the cost involved in providing the described facilities is to be borne by the Developer, in a manner determined by Niagara Falls Hydro. Niagara Falls Hydro will obtain a utility installation permit from the City, prior to any construction. (b) for the design, provision and installation of all electrical service connections and appurtenances from the distribution system to terminals abutting private property shown on Schedule "A" attached hereto, and (1) the wiring of such service connections is to be underground, and (ii) the entire cost of providing such service connections and appurtenances is to be borne by the Developer. (2) Where applicable, the Developer is to convey to Niagara Falls Hydro: free of charge and free of all encumbrances, the rights or easements for the installation of subterranean cables, transformers and other appurtenances of an electric distribution system, on across, or under the lands and the Closed Roads; and (b) free of charge and free of encumbrance, the easements required for the installation of such poles and guy wires as may be necessary, on or across the lands and the Closed Roads. It is understood and agreed by the Developer and the City that paragraph 6 has been included in this agreement solely at the request of Niagara Falls Hydro and is to be strictly adhered to by the Developer to the satisfaction of Niagara Falls Hydro. 7. LAND FOR MUNICIPAL PURPOSES (a) The Developer agrees to provide the City, without cost, by good and sufficient transfers, in fee simple, free from all encumbrances, all reserve blocks, road widenings, buffer strips and /or daylight widening triangles as may be required by the City where the lands and /or the Closed Roads meet or abut any City streets, as more particularly described in Schedule "D" attached hereto. The said transfers shall be executed by the Developer and delivered to the City Clerk prior to the conveyance of the Closed Roads to the Developer by the City. (b) The Developer agrees to provide the City, without cost and free of or in priority to all encumbrances, such permanent easements within the Development as may be required by the City, and described in Schedule "D" hereto. In the event that the City requires any easements which are external to the lands and /or the Closed Roads, the Developer covenants and agrees to make commercially reasonable efforts to obtain such easements, provided however, that the City shall use its best efforts to ensure that there are no easements external to the lands or the Closed (1) Schedule page 5 Roads required with respect to the Developments. The said grants or transfers of such easements within the lands and /or Closed Roads shall be in a form approved by the solicitor of the City and to be executed by the Developer and other person or persons granting or transferring such easements and any mortgagees, chargees and other encumbrancers of the land affected thereby and delivered to the City Clerk prior to the registration of this Agreement. 8. COMMENCEMENT AND COMPLETION OF WORKS (1) The City shall undertake all work required in re- constructing portions of Grassy Brook Road and installing cul de sacs (the "Cul de Sacs where the public road shall end at the Closed Roads (the "City Work provided that the Developer shall pay all costs and expenses incurred by the City with respect to such work, as her set out. (2) The Developer covenants and agrees to undertake all work required in re- constructing the Closed Roads, in accordance with the plans and specifications as approved by the City (the "Approved Work all at its sole cost and expense. (3) The Developer is to give the Director of Municipal Works fourteen (14) clear days written notice prior to the commencement of construction on the Approved Work on the Closed Roads. It is the intent of this section that the City be provided with notice before the physical construction is commenced removing portions of Grassy Brook Road. 9. ENTRY BY MUNICIPAL EMPLOYEES, CONTRACTORS OR AGENTS Employees, Contractors or Agents of the City may, at any time and from time to time on instruction of the Director of Municipal Works, enter upon the lands and /or the Closed Roads to inspect any of the works and, if considered necessary by the Director of Municipal Works make emergency repairs thereto as are deemed necessary by the Director of Municipal Works. The cost of all such emergency repairs is to be determined by the Director of Municipal Works and paid forthwith by the Developer to the City. Emergency repairs carried out by City forces which require immediate attention will be carried out at cost plus a 10% administration charge. In the event the Developer fails to make payment within thirty (30) days of his receipt of the account submitted by the Director of Municipal Works such costs shall be included in the costs to be borne by the Developer under this agreement and shall be a charge on the security deposited under this agreement as well as a charge against the lands until paid and shall be deemed to be municipal taxes and may be added to the collector's roll and collected as municipal taxes. (2) Notwithstanding the provisions of subparagraph (1) of this paragraph, any such entry or emergency repairs shall not be deemed to be an acceptance of any of the said works by the City nor an assumption by the City of any liability in connection therewith nor a release or discharge of the Developer from any obligation under this agreement. 10. RELOCATION OF SERVICES (1) Where the abandonment, relocation and /or reconstruction of any existing sanitary, storm sewers, watermains, roadways, sidewalks and /or hydro electric installations or other utilities are necessary by reason of the development of the lands and /or Closed Roads, the Developer agrees to pay the cost thereof, as determined by the Director of Municipal Works, to the City within ten (10) days after an account for the same has been rendered by the Director of Municipal Works. (2) The Developer agrees to pay to the City, on demand by the Director of Municipal Works, the cost of moving any services and utilities described in subparagraph (1) of this section which are installed in connection with the development of the lands andlor the Closed Roads and which are located in, or in the vicinity of any driveway external to the lands or the Closed Roads, where, in the opinion of the Director of (a) Schedule page 6 Municipal Works, the use and enjoyment of the driveway or of such services or utilities might or could be obstructed, curtailed or otherwise interfered with. This paragraph shall apply only to situations of incorrect or non conforming locations of such utility appurtenances with respect to City design standards. This shall not apply to modifications to the design or standards as per homeowner requests. 11. PROHIBITION AGAINST DEBRIS ON MUNICIPAL LANDS The Developer agrees, that lands conveyed to the City under this agreement for municipal purposes will not be used for the depositing of junk, debris or refuse obtained from the development of the land as set forth in Schedule "A" attached hereto, and (b) to use all commercially reasonable efforts to prevent all others from depositing junk, debris or refuse on the said lands, and (c) to remove, at its expense, any such junk, debris or refuse so deposited immediately when so directed by the Director of Municipal Works and if it fails to so remove, then the City may do so at the expense of the Developer, which expense is to be paid to the City within seven (7) days of the date of an account being rendered to the Developer by the Director of Municipal Works. 12. PAYMENT OF CUL -DE -SAC AND SIGNAGE COSTS (1) The Developer shall deposit with the City at any time after the execution of this Agreement but not later than the date of the conveyance of the Closed Roads to the Developer, as payment for City Work, a Letter of Credit in the amount of $100,000.00 being 100% of the estimated cost of the City Work on the two (2) Cul- de -Sacs in accordance with City standards on the lands shown in Schedule "D" attached hereto. (2) In addition, the Developer covenants and agrees to pay the City at the time of the execution of this Agreement, by way of certified cheque, 100% of the estimated cost of the City installing new signage at various locations resulting from the closure of the road allowances (the Signage Costs (3) In the event that the City determines, from time to time, that the costs of the City Work and /or the Signage Costs are more than the amount deposited, then the City shall provide written notice to the Developer of such increase in such costs together with all appropriate detail and supporting documentation, and in such event, the Developer shall provide the City with certified cheques in respect of such increased costs within fourteen (14) days of the receipt of such written notice. (4) In the event that the costs of the City Work and /or the Signage Costs are less than the amount deposited, then the City shall provide reimburse such un -used amounts to the Developer within 60 days after the completion of the City Work or the installation of the required signage relating to the Signage Costs, as the case may be. 13. LIABILITY OF DEVELOPER AND INDEMNIFICATION OF CITY (1) The City is not responsible for or liable, (a) for any loss or damage that may happen to the works or to any part or parts thereof, or (b) for any of the materials or other things used and employed in finishing and completing the works or any part or parts thereof, or (0) for any injury to any person or persons, including workmen and the public, during the construction of the said works or the maintenance thereof by the Developer pursuant to the provisions of this agreement, or (d) for damage caused by the storage, handling or use of explosives, or (e) for the disposal of surface water from the lands and streets set forth in (3) (f) 14. INTEREST Schedule "A" attached hereto, or Schedule page 7 for damage to any roadway, pavement, sidewalk or other property of the City, or for damage to the property of any person, or for damage caused by the construction or operation of the works, or for any loss or damage caused by the disposal or escape of surface water from the lands and streets set forth in Schedule "A" attached hereto, and the Developer agrees to indemnify and save harmless the City, its employees, servants and agents from any claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the foregoing or for any other act, failure to act, matter or thing arising either directly or indirectly under the provisions of this agreement. (2) Notwithstanding any provisions of this agreement, the City is not liable for and no provision of this agreement is to be construed as imposing upon the City any liability, in respect of any matter or thing arising directly or indirectly out of the provisions of this agreement, for any damage to the Developer, to any other person or to any property of the Developer or of any other person by reason of: (a) any inspection carried out by the City or a duly authorized employee or agent of the City under any by -law of the City or otherwise, or (b) the failure of the City or any duly authorized employee or agent of the City to carry out any inspection under any by -law of the City or otherwise, or (c) the approval or disapproval of any matter or thing, arising directly or indirectly out of the provisions of this agreement, by the City or any duly authorized employee, servant or agent of the City, and in this connection the Developer agrees to indemnify and forever save harmless the City and its employees, servants and agents from any claim, suit, demand, action, causes of action and costs arising either directly or indirectly as a consequence of the provisions of clauses (a), (b) and (c) of this subparagraph. Until the Approved Works have been completely installed by the Developer in accordance with all approved plans and the Works have been inspected and such works have passed final inspection by the City's staff and /or the appropriate govemmental authority and /or utility and any securities that may be paid from time to time relating thereto are reduced to an amount required to be maintained for maintenance, warranty and /or guarantee purposes, the Developer shall indemnify the City against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of the Developer, its agents or employees doing, failing to do, or doing incorrectly or negligently anything it is required to do by the terms of this agreement. The Developer shall take all reasonable precautions necessary to protect the public against injury on any lands set out in the plan, and when necessary keep out danger signals at night and at such other times and places as public safety may require. The said indemnity shall apply to all lands set out in the plan, including lands which have been designated as parklands and deeded to the City pending final acceptance of the entire plan by the City. Interest at the prime bank rate accrues and is to be paid by the Developer to the City from and after the expiration of thirty (30) days from the date when any sum becomes due and payable by the Developer to the City under the provisions of this agreement excluding taxes, local improvements and other municipal levies of local or general application. 15. EXPENSE TO BE PAID BY DEVELOPER Every provision of this agreement by which the Developer is obligated in any way is to be deemed to include the words "at the expense of the Developer" unless any such provision expressly provides to the contrary. 16. REGISTRATION OF DOCUMENTS The Developer agrees, (a) 17. ZONING AMENDMENTS In the event of the Developer, its successors and assigns or successors in title of the lands described in Schedule "A" to this agreement requesting an amendment to the Restricted Area Zoning By -law applicable to the said lands or any part thereof, the Developer or the then registered owner of the lands to which the requested amendment applies may be required by the City to enter into a further agreement amending this agreement prior to the City Council enacting any such amendment; but nothing hereinbefore contained shall be deemed as the approval or consent of the City to any requested amendment or as the concurrence or agreement of the City to enact any by -law to give effect to any requested amendment. 18. NOTICES 19. BY-LAWS to register this agreement forthwith in the Registry Office for the Land Titles Division of Niagara South and two (2) copies of this agreement as registered are to be supplied to the Director of Municipal Works. Any notice to be given pursuant to this Development Agreement may be personally delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Developer and the City as follows: Grand Niagara Resort Inc. 177 -377 Burnhamthorpe Road East Mississauga, ON Attention: Mr. William Sorokolit Telephone No: (905) 276 -7698 Fax No.: (905) 276 -1973 The Corporation of the City of Niagara Falls, Attention: City Clerk 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario. L2E 6X5. Telephone No: (905) 356 -7521 Fax No: (905) 356 -0759 Schedule page 8 Notwithstanding any of the provisions of this agreement, the Developer, its successors and assigns, shall be subject to all of the by -laws of the City of Niagara Falls presently in force and all future by -laws insofar as such future by -laws do not conflict with the terms of this agreement. 20. AGREEMENT BINDING The Developer shall not call Into question, directly or indirectly in any proceedings whatsoever, in law or in equity or before any administrative tribunal, the right of the City to enter into this agreement and to enforce each and every term, covenant and condition herein contained and this agreement maybe pleaded as an estoppel against the Developer in any such proceeding. 21. SUCCESSORS AND ASSIGNS The covenants, agreements, conditions and undertakings herein contained on the part of the Developer shall run with the lands and shall be binding upon it and upon its successors and assigns and shall be appurtenant to the adjoining highway in the ownership of the City of Niagara Falls. IN WITNESS WHEREOF the parties hereto have hereunto affixed its corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation. GRAND NIAGARA RESORTS INC. Name: John Sorokolit Title: President THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: MAYOR Name: Dean lorfida Title: CITY CLERK Schedule page 9 Schedule "A" to an Agreement 13 day of February, 2007 between Grand Niagara Resort Inc. and The Corporation of the City of Niagara Falls Schedule page 10 lstly: Part Lot 5 Concession Broken Front Crowland being Part 1 on 59R -7422. (PIN 64262 -0081 LT) 2ndly: Part Lots 5 6 Concession Broken Front Crowland being Parts 7, 8, 11, 12, 13 and 14 59R -5410 except Parts 1, 2 4 59R 11708; S/T AA68343, AA68756, CR18048, RO651701. (PIN 64262 -0178 LT) 3rdly: Part Lots 3 4 Broken Front Concession Crowland as in RO548979 (firstly); except Parts 3 -14 inclusive 59R- 12554; S/T CR18048, CR19077, M68179, M68755. (PIN 64262 -0210 LT) All in the City of Niagara Falls, in the Regional Municipality of Niagara. Schedule "B" to an Agreement 13' day of February, 2007 between Grand Niagara Resort Inc. and The Corporation of the City of Niagara Falls Schedule page 11 1sdy Road allowance between Lot 4 5 Concession Broken Front Crowland being Crowiand Road (formerly Argyle Road). (PIN 64262 -0057 LT). 2nd', y: Part Lot 3 Concession Broken Front Crowland as in 8810151, RO113210 RO128781 except RO113211; Part Lot 4 Concession Broken Front Crowland as in 8810151 RO113210 being a forced road lying through being Grassy Brook Road (formerly Creek Road); S/T AA68755. (PIN 64262 -0067 LT). 3rdly: Part Lot 5 Concession Broken Front Crowland; Part Lot 6 Concession Broken Front Crowland being Parts 6, 9 10 on 59R -5410 being a forced road lying through being Grassy Brook Road (formerly Creek Road); S/T AA68756. (PIN 64262 -0069 LT). All in the City of Niagara Falls, in the Regional Municipality of Niagara. This is an easement in gross. Schedule "C" to an Agreement 13'" day of February, 2007 between Grand Niagara Resort Inc. and The Corporation of the City of Niagara Falls Schedule page 12 The Transferor hereby transfers, sells, grants and conveys in perpetuity to the Transferee, its successors, assigns, servants, agents, contractors and workmen, a free and unencumbered easement upon, under, along, over, across and/or through the lands described as Parts 17, 18, 19 and 20 on Reference Plan 59R- 13390, in the City of Niagara Falls, hereinafter referred to as the Easement Lands, to enter, lay, construct, install, operate, maintain, inspect, alter, repair or replace any such municipal services or surface drainage works, including all other works as required by the Transferee "the Works together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the Works together with a right to enter to the Transferee, its successors, assigns, servants, employees, agents, contractors and workmen for ingress and egress at any time and from time to time over, along and upon the Transferor's lands abutting the Easement Lands on foot and or with vehicles, supplies, machinery and equipment necessary or incidental to the exercise and enjoyment of the easement hereby transferred. The Transferee shall have the right at any time and from time to time to remove any boulder or rock and to sever, fell, remove or control the growth of any roots, trees, stumps, brush or other vegetation on or under the Easement Lands. The Transferor covenants to keep the land clear of all brush, trees and other obstructions save and except for the Works constructed together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment as may be necessary for the use of the easement. The Transferor shall have the right to use and enjoy the surface of the Easement Lands except that such use and enjoyment shall not interfere with the rights of the Transferee hereunder. Without limiting the generality of the foregoing, the Transferor shall not, without the prior written consent of the Transferee, place, erect or permit the erection on the Easement Lands any building, structure, fence foundation, pavement or other obstruction of any nature whatsoever so as to obstruct, hinder or prevent the exercise and enjoyment by the Transferee of its right hereunder. Should any such obstruction or hindrance be placed upon the Easement Lands the Transferee, in addition to its other rights, may enter and remove same and shall not thereby render itself liable in damages to the Transferor. Notwithstanding any rule of law or equity, the Works constructed by the Transferee together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of the Transferee even though the same may have become annexed or affixed to the Easement Lands. The Transferee shall have the absolute and unfettered right to assign or transfer its rights hereunder in whole or in part to another government body or agency or to a utility company and shall not be bound to give notice thereof to any party. The Transferor shall have the right to assign or transfer its rights hereunder in whole or in part upon giving notice to the Transferee and obtaining consent from the Transferee. The Transferor covenants that: I. subject to the foregoing it has the right to convey this easement and right to enter to the Transferee; ii. the Transferee shall have quiet enjoyment of the rights, easement and right hereby transferred; the Transferee or its successors and assigns will execute such further assurances or this easement and do such other acts (at the Transferee's expense) as may be reasonably required; and iv. the Transferor has not done, omitted or permitted anything whereby the Easement Lands is or may be encumbered (except as the records of the Land Registry Office disclose). Schedule page 13 This transfer shall extend to, be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. The Transferor hereby agrees that all provisions herein are reasonable and valid and if any provision herein is determined to be unenforceable, in whole or in part, it shall be severable from all other provisions and shall not affect or impair the validity of all other provisions. Schedule "D" to an Agreement 13th da of February, 2007 between Grand Niagara Resort Inc. and The Corporation of the City of Niagara Falls Schedule page 14 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with Queensway Free Methodist Church respecting the Adopt -A- Street public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated March 13, 2007 and made between Queensway Free Methodist Church as Volunteers and The Corporation of the City ofNiagara Falls as City, respecting the Adopt A- Street public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically along Dorchester Road from Morrison Street to Thorold Stone Road, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007 April 30, 2007 April 30, 2007 THIS AGREEMENT made this 13th day of March, 2007 BETWEEN: Queensway Free Methodist Church Hereinafter called the "Volunteers" (as set out in Schedule "C" attached hereto) and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", of the FIRST PART; of the SECOND PART; WHEREAS the City's Adopt -A- Street Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected street; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall appoint or select an authorized group representative to attend safety meeting provided by the City and, in turn, supply safety training to the Volunteers. All participants must receive and be familiar with the contents of the safety brochure "Safety Guidelines for Volunteers" before participating in the clean up of the adopted street. 3. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule `B" attached hereto. 4. The Volunteers 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 consequence of the City entering into this agreement. 5. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A -Street Program. 6. Volunteers. The City shall confirm the specific section of a City street to be adopted by the 7. The City shall provide safety information and training, trash bags, flags, to the Volunteers upon receiving notice prior to the beginning of a clean up. 8. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted street, unless, in the opinion of the City erected signs would jeopardize the program, be counter- productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 9. The City shall remove and dispose of filled trash bags following the clean up and a designated location. 10. The City shall remove litter such as large, heavy, or hazardous items that have been flagged by the Volunteers for pick up by the City. 11. The City shall monitor activities of the Adopt -A -Street Program to ensure that objectives of the program are being met. 12. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A -Street Program signs. 13. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 14. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Queensway Free Methodist Church 4397 Dorchester Road Niagara Falls, ON L2E 6N5 Attention: Alison Vegh, Secretary Roger Ball Telephone: (905) 356 -7800 Fax: (905) 356-7808 15. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party time (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 16. 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 thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteers have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, Ontario L2E 6X5 Attention: Director of Parks, Recreation Culture Telephone: (905) 356 -7521, Ext. 3331 Fax: (905) 356-7404 )L \/cc I Nam a Name. Name: Name: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Ted Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated the 13th day of March, 2007 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group /individual, named above, as being responsible for the adoption of the following streets: Dorchester Road from Morrison Street to Thorold Stone Road a distance of 1.2 kilometres. SCHEDULE "B" 3. per year. 8. clean up. to an Agreement dated the 13th day of March, 2007 between Queensway Free Methodist Church and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1. The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. The Volunteers shall pick up litter on their assign street a minimum of three times 4. The Volunteers shall be encouraged to sort litter into four different categories: glass, plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Director of Parks, Recreation Culture or his/her designate of the City 48 hours notice prior to beginning of a clean up. 6. The Volunteers shall collect litter only along the adopted street. 7. The Volunteers shall not pick up litter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. The Volunteers shall wear clothing that will not impair vision or movement during 9. The Volunteers shall provide adult supervision for youth participating in the clean up. 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall flag closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Director of Parks, Recreation Culture or his/her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall ensure that litter pick ups do not occur on the dates noted in Schedule "C" attached hereto. 19. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Street clean up day unless it is renewed. LIST OF VOLUNTEERS: Roger Ball Ray Stead Susan Stead Peter Stead Peter Last Doug Reiman Jennifer Anderson SCHEDULE "C" to an Agreement dated the 13th day of March, 2007 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS S:Wark in the Ci flecreation Programs Adopt A StreM2007 A Street Agreement Queensway Free Methodist Church Revised.wpd A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 80 -114 is amended by adding Schedules `B -69" and "B-70"attached hereto. Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007. April 30, 2007. April 30, 2007. CITY OF NIAGARA FALLS By -law No. 2007 COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Kalar Road and Coventry Road Schedule `B -19" Ailanthus Avenue Oakwood Drive St. Paul Avenue COLUMN 3 SCHEDULE "13" NUMBER Schedule "B -1" Schedule `B -2" Schedule "B -3" Schedule `B -4" Schedule "B -5" Schedule `B -6" Schedule `B -7" Schedule `B -8" Schedule "B -9" Schedule `B -10" Schedule `B -11" Schedule "B -12" Schedule `B -13" Schedule "B -14" Schedule `B -15" Schedule `B -16" Schedule `B -17" Schedule `B -18" Schedule `B -20" Schedule `B -21" Schedule `B -22" COLUMN 1 SITE Brockway Business Centre Niagara South Condominium No. 28 Niagara South Condominium No. 19 Brookside Village Co- Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets Ameri-Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non -Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada First Professional Management Inc. COLUMN 2 LOCATION Montrose and Thorold Stone Roads 5100 Dorchester Road 5150 Dorchester Road 8175 McLeod Road 4230 Meadowvale Drive 8481 Earl Thomas Avenue Morrison Street and Dorchester Schedule `B -29" Road 8444 Lundy's Lane 3955 Portage Road 3516 Main Street 8055 McLeod Road and 8065 McLeod Road 5088 Drummond Road Mewburn Road 6453 Colborne Street and 6476 Huggins Street 5795 Don Murie Street 7190 Morrison Street COLUMN 3 SCHEDULE `B" NUMBER Schedule `B -23" Schedule `B -24" Schedule `B -25" Schedule "B -26" Schedule "B -27" Schedule `B -28" Schedule "B -30" Schedule "B -31" Schedule "B -32" Schedule "B -33" Schedule `B -34" Schedule `B -35" Schedule `B -36" Schedule `B -37" Schedule "B -38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium Canada One Factory Outlet Mall COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 33, 36 39, 42 45and48 -51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road 7500 Lundy's Lane COLUMN 3 SCHEDULE `B" NUMBER Schedule "B -39" Schedule "B -40" Schedule `B -41" Schedule `B -42" Schedule "B -43" Schedule `B -44" Schedule `B -45" Schedule "B -46" Schedule `B -47" Schedule `B -48" Schedule `B -49" Schedule "B -50" Schedule `B -51" Schedule `B -52" Schedule `B -53" Schedule `B -54" Schedule `B -55" Schedule "B -56" Schedule `B -57" COLUMN 1 SITE Niagara South Condominium Corporation No. 4 Park Royal Niagara Catholic District School Board West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apai tinents MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens 3322 Addison Street 3900 Kalar Road COLUMN LOCATION 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street COLUMN 3 SCHEDULE `B" NUMBER Schedule "B -58" Schedule "B-59" Schedule `B -60" Schedule "B -61" Schedule `B -62" Schedule "B-63" Schedule `B -64" Schedule "B -65" Schedule `B -66" Schedule "B -67" Schedule "B -68" Schedule "B-69" Schedule "B -70" .MAR. 16, 2007 04 :20P SCHEDULE "ei" 9053539257 .J page 3 j.0,41B1/ es. DEO 4 1 0 EH! YV333JI4 7 1 I o SCHEDULE I 8-1 n sI —Pi P. 1 WI an' O'NEIL STREET 1 2, iz OS SS' t•I SO DEO 41 111 SITE g z page F cr A etas st ovrt PLAN r.adet 061.Pli4eA C Dern/ j THE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking 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 deleting from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS Corwin Avenue West Lundy's Lane and a point At all times 75 metres south of Lundy's Lane (2) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Corwin Avenue West Lundy's Lane and a point 18 metres At all times South of Lundy's Lane Corwin Avenue West A point 36 metres south of Lundy's Lane At all times and a point 75 south of Lundy's Lane Corwin Avenue West A point 18 metres south of Lundy's Lane 6:00 a.m. to 9:00 a.m. and a point 36 south of Lundy's Lane Except Buses This By -law shall come into force when the appropriate signs are installed. Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007 April 30, 2007 April 30, 2007 CITY OF NIAGARA FALLS By -law No. 2007- A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the east side of Garner Road, south of Lundy's Lane and on the north side of the hydro corridor. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets A5 and B5 of Schedule "A" to By -law No. 79 -200 are amended byredesignating from DH to R1E, in part, R4 and numbered 779, in part, EPA and numbered 780, in part, and OS, in part, the land on the east side of Garner Road, south of Lundy's Lane and on the north side of the hydro corridor, being part of Township Lots 150 and 155, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R1E, in part, R4 and numbered 779, in part, EPA and numbered 780, in part, and OS, in part, on the plan Schedule 1 attached to and forming part of this by -law. 2. In addition to the regulations contained in section 7.9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R4 and numbered 779 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulation: (a) Minimum yard depth between the rear exterior wall of any townhouse dwelling unit and any property line 7.5 metres 3. No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 780 on the plan Schedule 1 attached hereto, for any purpose, or permit any building or structure to be erected on the land or permit any soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or trees or regrade any of the land except for public services including walkways. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following 19.1.779 In addition to the regulations contained in section 7.9.2 of By -law No. 79- 200, no person shall use the land east of Gamer Road, south ofLundy's Lane, designated R4 and numbered 779 on Sheet B5 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2007- -2- 19.1.780 No person shall use the land east of Garner Road, south of Lundy's Lane and north of the hydro corridor, designated EPA and numbered 780 on Sheets A5 and B5 of Schedule "A except in compliance with By -law No. 2007- Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007 April 30, 2007 April 30, 2007 SCHEDULE 1 TO BY -LAW No. 2007 Subject Land Applicant: 1473944 Ontario Limited K:\GIS_ Requests\ 2006 \Schedules\7_oningAM\AM -25 \mapping. map Amending Zoning By -law No. 79 -200 Description: Part of Township Lots 150 155, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1:NTS AM- 25/2006 April 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, to permit a waste disposal site, landfill for non hazardous solid waste. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets A2 and A3 of Schedule "A" to By -law No. 79 -200 are amended by numbering 778 the land on the west side of Taylor Road, south of the former Mountain Road and east of Thorold Townline Road, being Part of Township Lots 31, 49, 50 and 66, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated EI and numbered 778 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 11.6.2 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated EI and numbered 778 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon for the purpose of a waste disposal site, landfill and accessory buildings and structures, except in compliance with the regulations of section 11.6.3 of By -law No. 79 -200. 3. For the purposes of this by -law, waste disposal site, landfill means a waste management facility which has a Provisional Certificate of Approval for such purposes under the Environmental Protection Act, where non hazardous waste material is placed and covered with earth. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto to the following: 19.1.778 None of the provisions of section 11.6.2 of By -law No. 79 -200 shall apply to prevent the use of the land on the west side of Taylor Road, south of the former Mountain Road and east of Thorold Townline Road, designated EI and numbered 778 on Sheets A2 and A3 of Schedule "A or the erection or use of any building or structure thereon for the purpose of waste disposal site, landfill and accessory buildings and structures, except in compliance with By- law No. 2007- Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007 April 30, 2007 April 30, 2007 SCHEDULE 1 TO BY -LAW No. 2007- Subject Land Description: Amending Zoning By -law No. 79 -200 Part of Township Lots 31, 49, 50 and 66, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Walker Brothers Quarries Limited Assessment 272510000408800 1:NTS AM- 44/2006 February 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By- 1aw2007 -37, a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. WHEREAS this by -law is a housekeeping measure recognizing the appointments made by Niagara Falls City Council. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By -law 2007 -37 be amended adding the following: 12. Niagara District Airport Commission That Ernie Amadio and Ruedi Suter be appointed. 13. Niagara Falls Hydro Inc. (LDC) That Wayne Campbell and Janie Palmer be appointed. 2. That paragraphs 12 to 14 of By -law 2007 -37 be hereby renumbered paragraphs 14 to 16. Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007. April 30, 2007. April 30, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to delegate to the Regional Municipality of Niagara the power to prohibit or regulate the harvesting, destruction or injuring of a significant tree on private lands within the City of Niagara Falls. WHEREAS Section 135(10) of the Municipal Act, S.O. 2001, c.25, as amended provides that the Council of a lower -tier municipality may delegate all or part of its power to pass a by -law respecting the destruction or injuring of trees to its upper -tier municipality with the agreement of the upper -tier municipality; AND WHEREAS pursuant to Sections 135(2) of the Municipal Act, S.O. 2001, c. 25, the Regional Municipality of Niagara has passed By -law 47 -2006 being a By -law to prohibit or regulate the harvesting, destruction or injuring of trees in woodlands or trees of heritage or community significance in the Regional Municipality of Niagara; AND WHEREAS Regional By -law 47 -2006 applies to any Heritage Tree(s) and Significant Community Tree(s) identified and designated by the Council of an Area Municipality, upon delegation of such authority by an Area Municipality to the Region; AND WHEREAS on December 11, 2006, Niagara Falls City Council adopted report PD- 2006 -99, Matters Arising form the Municipal Heritage Committee, recommending protection of the red oak tree situated on the lot line between 6187 Clare Crescent and 6149 Cuviello Court. AND WHEREAS the Council of the Corporation of the City of Niagara Falls considers the 250 -300 year old red oak tree to be of community significance and worthy of protection. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The authority of the Corporation of the City of Niagara Falls to prohibit or regulate the destruction or injuring of the red oak tree situated on the lot line between 6187 Clare Crescent and 6149 Cuviello Court, as shown in Schedule "1", pursuant to Section 135(10) of the Municipal Act, S.O.2001, c. 25, as amended, is hereby delegated to the Regional Municipality of Niagara. 2. That this by -law shall come into force on the day upon which it is passed. Passed this thirtieth day of April, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 30, 2007. April 30, 2007. April 30, 2007. SCHEDULE 1 I I I 6149 Cuviello Court Northwest Comer Lot 1, Plan 154 6187 Clare Crescent 26.08 m to centre of tree 14.90 m to centre of tree 8.23 m radius from centre of tree n c 11 rn r o r 3 0 n 3 CLARE CRES Description: Approximate location of the Red Oak Tree on the lot line between 6149 Cuviello Court and 6187 Clare Crescent. W E S Me:A x101 Scale 1: NTS NAG6 WOZW1JO\ma,n g.rtep Passed this thirtieth day of April, 2007. First Reading: Second Reading: Third Reading: April 30, 2007. April 30, 2007. April 30, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30` day of April, 2007. 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 30` day of April, 2007 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR