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2007/06/11
COUNCIL MEETING Monday, June 11, 2007 Order of Business and Agenda Package Niaga a a s PRAYER: Councillor Pietrangelo Mayor's Youth Advisory Committee Volunteer of the Year "Seniors Month" COUNCIL MEETING June 11, 2007 ADOPTION OF MINUTES: Council Minutes of May 28, 2007 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Niagara Falls Red Raiders Niagara Falls Red Raiders Bantam Boys Basketball team will be recognized for winning the Provincial Championship. The Mayor's Youth Advisory Committee will update Council on their activities from the recent school year. A certificate from the Honourable James Bateman, Lieutenant Governor will be presented to Barb Weswater, who was nominated "Volunteer of the Year" through the Coronation Centre. 2 PLANNING MATTERS PUBLIC MEETINGS Public Meeting Zoning By -law Amendment Application, AM- 07/2007 6306. to 6378 Pinestone Road and 6339 to 6397 Pinestone Road Applicant: Walker Community Development Corporation Proposed On- Street Townhouse Dwellings Background Material: Recommendation Report: PD- 2007 -32 -and Correspondence from Regional Niagara Planning Development Background Material: Recommendation Report: PD- 2007 -34 Public Meeting Zoning By -law Amendment Application, AM- 13/2007 7209 Drummond Road Applicant: Pioneer Petroleums Agent: James Webb, Webb Planning Consultants Inc. Gas Bar and Convenience Store Background Material: Recommendation Report: PD- 2007 -33 -and Correspondence from Regional Niagara Planning Development Public Meeting Zoning By -law Amendment Application, AM- 08/2007 6911 and 6921 Barker Street and 6019 Dorchester Road Applicant: Brian Sinclair Agent: Allan Heywood, Matthews, Cameron, Heywood Surveying To recognize an Existing Apartment Dwelling and Permit Expansion of its Parking Lot -and- Correspondence from Regional Niagara Planning Development Public Meeting Zoning By -law Amendment Application, AM- 10/2007 4077 Hickson Street Applicant: Ben Pilon Recognition of an Existing Triplex Background Material: Recommendation Report: PD- 2007 -41 -and Correspondence from Regional Niagara Planning Development Public Meeting 26T -11- 2006 -03, Fernwood Phase 2 Draft Plan of Subdivision Lundy's Lane (North Side), West of Garner Road Owner: 800460 Ontario Limited Background Material: Recommendation Report: PD- 2007 -36 -and Correspondence from Fiorino Romano 4 MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2007 -42 AM- 40/2006, Zoning By -law Amendment Application; 4025 Dorchester Road (Monroe Plaza); Applicant Curtis Gail Developments; Agent Michael Allen; Response to Council's Enquiries Respecting the Approval of a Zoning By -law Amendment Application -and- E -mail request to speak from Michael Allen E -mail from City Clerk 2. Chief Administrative Officer PD- 2007 -35 Application for a Commercial Building and Facade Improvement Grant CB &FIG 01/2007; and a Revitalization Grant RGP- 01/2007 within the Historic Drummondville CIP Patterson Funeral Home 3. ChiefAdministrative Officer PD- 2007 -37- PLC- 02/2007, Request for Removal of Part Lot Control, Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354 Milomir Street (South Side) Mary Drive (East Side), Deerfield Estates; Owner: River Realty Development (1976) Inc. 4. Chief Administrative Officer PD- 2007 -38 Sidewalk Cafe Licence Agreement with the City, SWC- 01/2007, Montana's Cookhouse, 5759 Victoria Avenue 5. Chief Administrative Officer PD- 2007 -39 Sidewalk Cafe Licence Agreement with the City, SWC- 02/2007, Antica Pizzeria Inc.; 5785 Victoria Avenue 6. Chief Administrative Officer PD- 2007 -40 Memorandum of Understanding The Planning System in Niagara MAYOR'S REPORTS, ANNOUNCEMENTS 5 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Federation of Anglers and Hunters Request to proclaim July 1 8 as National Fishing Week. RECOMMENDATION: For the Approval of Council 2. Canadian Blood Services Request to proclaim June 11 16 as National Blood Donor Week and request to raise the Canadian Blood Services flag above the City of Niagara Falls on June 14 for World Blood Donor Day. RECOMMENDATION: For the Approval of Council 3. Main Ferry BIA Request to approve their officers and the 2007 Budget. RECOMMENDATION: For the Approval of Council 4. Niagara Parks Commission Request approval for Niagara Parks fireworks. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CLERKS MATTERS 1. Chief Administrative Officer CD- 2007 -13, Seasonal Business Services Licence RATIFICATION OF "IN CAMERA" ACTIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2007 -21 Low Income Seniors Property Tax and Water Rebates F- 2002 -22 Municipal Accounts MW- 2007 -53 McGarry Drive at Parkside Road Intersection Control Review MW- 2007 -48 Centre Street By -law 89 -2000 Update MW- 2007 -51 Crowland Avenue Grassy Brook Road Signing Revisions MW- 2007 -57 Centre Street/Clifton Hill Victoria Avenue By -law Update MW- 2007 -56 Tender 168 -06 Bridge Street Watermain Replacement MW- 2007 -58 Tender #109 -07 Delaware /Dawlish /Roger Watermain Replacement MW- 2007 -60 Tender #2007 184 -06 Maple Street Storm Separation Victoria Avenue to Second Avenue The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -115 2007 -116 6 BY -LAWS A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Antica Pizzeria Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Antica Pizzeria located at 5785 Victoria Avenue A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with F.R.T. Hospitality Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Montana's Cookhouse located at 5759 Victoria Avenue 2007 -117 A by -law to permanently close part of a highway (Dyson and Muir) 2007 -118 2007 -119 2007 -120 7 A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 03/2007) A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 04/2007) A by -law to amend By -law No. 79 -200, being a by -law to permit the expansion of a neighbourhood commercial development and to repeal By -law Nos. 90- 220 and 2005 -07. (AM- 40/2006) 2007 -121 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 72) 2007 -122 A by -law to designate Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354, not be subject to part-lot control 2007 -123 A by -law to licence seasonal business services 2007 -124 A by =law to authorize the execution of a Host City Agreement with Niagara Waste Systems Limited. (HANDOUT) 2007 -125 A by -law to authorize the payment of $23,266,257.18 for General Purposes 2007 -126 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11` day of June, 2007 NEW BUSINESS 5/14/2007 Anna Morocco Council Date Request Red Raiders Provincial ham s P e From: Lori Albanese To: Dean Iorfida Date: 5/14/2007 9:45 AM Subject: Council Date Request Red Raiders Provincial Champs CC: Cathy Crabbe; Steve Hamilton Hi Dean, The Niagara Falls Red Raiders Bantam Boys Basketball Team won the Provincial Championship the weekend on April 21 -23. Do you have a date available for a Council Presentation during the month of June? Lori Lori -Lyn Albanese Community Development Coordinator Parks, Recreation Culture City of Niagara Falls 7150 Montrose Rd., Unit 1 Niagara Falls, ON L2H 3N3 Phone: 905- 356 -7521 ext. 3332 Fax: 905- 356 -7404 (4/25/2007 Anna Morocco Re Mayor's Youth Advlso R Committee deputation to Council in June Page 1` From: Dean Iorfida To: Lori Albanese Date: 4/25/2007 4:11 PM Subject: Re: Mayor's Youth Advisory Committee deputation to Council in June CC: Anna Morocco; Steve Hamilton June 11th probably makes the most sense (25th Is too late, I assume), Anna, place In file. Lori Albanese 4/25/2007 3:46 PM HI Dean, The Mayor's Youth Advisory Committee would like to make a deputation to City Council In June to wrap up the school year. Would you please let me know If a date is available? Thanks Lori Lori -Lyn Albanese Community Development Coordinator Parks, Recreation Culture City of Niagara Falis 7150 Montrose Rd., Unit 1 Niagara Falis, ON L2H 3N3 Phone: 905- 356 -7521 ext. 3332 Fax: 905- 356 -7404 orocco e: eniors ont From: To: Date: Subject: CC: Hanya: Thanks Dean Dean lorfida hgoforth @niagarafalls.ca 5/23/2007 9:06 PM Re: Seniors Month dmorrissey @niagarafalls.ca,shamilton@ niagarafalls .ca,amorocco @niagarafal... No problem. We'll mark that down for the June 11th meeting. Send any details you want the Mayor to say to Carey Campbell in his office. Hanya Goforth 05/23/07 4:24 PM Hi Dean, You may recall that each year the Government Ontario designates June as Senior's Month. The Senior of the Year award was established to give each municipality in Ontario the opportunity to honour a local senior. For this particular award we nominated our Volunteer of the Year from the Centre (you may recall last year was Harriet Worden). I have the certificate from the Honourable James Bartleman,and Lieutenant Governor which I am requesting be presented to our nominee Barb Weswater at the June 11th Council meeting. Across the Province, community organizations and local governments host special events to recognize seniors and the countless contributions they make to Ontarios way of life. We have planned many special events, which I am hoping can be made mention of by the Mayor at the same Council meeting. I can forward Barbs 'recipient information' and our list of special events for in June tomorrow if you wish. Thanks Dean Hanya June 11, 2007 PD- 2007 -32 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagarafJalls CANADA Re: PD- 2007 -32 AM- 07/2007, Zoning By -law Amendment Application 6306 to 6378 Pinestone Road and 6339 to 6367 Pinestone Road Applicant: Walker Community Development Corporation Proposed On- Street Townhouse Dwellings That Council approve the Zoning By -law amendment application to permit the construction of 19 on- street townhouse dwelling units instead of 12 single detached dwellings. BACKGROUND: Walker Community Development Corporation has requested an amendment to Zoning By- law No. 79 -200 for 12 lots totalling 1 hectare (2.6 acres) in area (known as 6306 to 6378 Pinestone Road and 6339 to 6367 Pinestone Road), as shown on Schedule 1. The lands are currently vacant and zoned for single detached dwellings. The applicant is proposing to construct 19 on- street townhouse dwellings on these lands instead of 12 single detached dwellings as shown on Schedule 2. The subject lands are currently zoned Residential Single Family 1A Density 427 (R1A- 427) in part and Residential Single Family 1E Density 429 (R1 E -429) in part. The applicant is requesting the lands be rezoned to the same site specific Residential Mixed 430 (R3 -430) zone that applies to the adjacent lands. The current requirement of a rear yard setback of 10 metres (32.8 feet) is proposed to be maintained for the lands known as 6306 to 6378 Pinestone Road. Surrounding Land Uses Lands to the north and east have been developed for on- street townhouse dwellings. Single detached dwellings are located to the west and south of the subject lands. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca I Community Services Department Planning Development Working Together to Serve Our Community June 11, 2007 -2- PD- 2007 -32 Circulation Comments Regional Municipality of Niagara Municipal Works The proposed on- street townhouses will make more efficient use of these lands and improve the housing mix in the neighbourhood as promoted by Provincial policies and the Regional Policy Plan. Regional Planning staff has no concerns with this application from a Provincial or Regional planning perspective. A development agreement will be required, prior to construction, to secure the additional required service connections as well as the preparation of a comprehensive grade control plan and payment of applicable fees. The increase in traffic from the additional units will be marginal. There are no traffic concerns. Legal Services The lands are subject to subdivision agreement and restrictive covenants which secure the noise control and drainage works along the CN railway. Building Services All required building permits are to be obtained prior to commencement of construction. Parks, Recreation and Culture Fire Services Planning Analysis Landscaping and street tree planting to be reviewed in further detail as part of the development agreement. No objections. Through the building permit process, the provision of adequate fire access and water supply will need to be demonstrated. 1. The proposal complies with the Official Plan. The land is designated Residential in the Official Plan and falls under Special Policy Area #6. A range of compatible housing types, including on- street townhouses, up to an overall gross density of 22 units per hectare (9 units per acre), is permitted. A gradation of building heights and densities away from existing residences to the June 11, 2007 -3- PD- 2007 -32 south is to be provided to protect the panoramic views of Lake Ontario and the surrounding countryside protected. The proposal meets the intent of the Official Plan as follows: The overall density limits of the Walker Community will be adhered to. A proposed apartment dwelling block within the Community was developed as townhouses at a lower density than what was originally intended, allowing for intensification of development elsewhere in the Community. A transition of densities will be provided to single detached dwellings to the south, as the proposed townhouses on the south side of Pinestone Road will have large rear yard setbacks. As these existing single detached dwellings are located up on a significant slope above the proposed townhouses, the existing panoramic views will be protected and the height of the townhouses will not impact on these single detached dwellings. The development is compatible with the surrounding Walker Community development. The majority of the land has been developed for similar on- street townhouse dwellings. The proposed lots have larger frontages and lot sizes than a typical on- street townhouse dwelling, assisting in keeping these lots compatible with adjacent single detached dwellings. The townhouses will diversity the housing mix in the general area meeting the intent of the Official Plan to provide a range of housing types for residents. The requested amendment is appropriate. The R3 -430 zone applies to the existing townhouse developments to the northwest and northeast of the property. This zone contains elements of "neo- traditional" planning, bringing the townhouse dwellings close to street frontages to help create the atmosphere of more traditional urban neighborhoods. Reflecting the larger single detached dwellings in this area, this zone also establishes a larger minimum floor area (90 square metres or 969 square feet per dwelling unit) than what is contained in the standard R3 zone. As the R3 -430 zone applies to the other existing on- street townhouse dwellings in this area, it is appropriate to extend this zone onto the subject lands. The applicant has requested the current rear yard building setback of 10 metres (32.8 feet) that applies to the lots on the south side of Pinestone Road (6306 to 6378 Pinestone Road) be maintained for the proposed townhouses. As discussed above, this setback helps to provide a transition between the townhouses and the large single detached dwellings in the Calaguiro subdivision. June 11, 2007 -4- PD- 2007 -32 CONCLUSION: The requested Zoning By -law amendment to permit the subject lands to be developed for on- street townhouse dwelling units can be supported for the following reasons: It conforms to the residential policies of the Official Plan that apply to the area. The townhouses will be compatible with the surrounding Neighbourhoods of St. David's development. Substantial setbacks will be provided from the larger single detached dwellings to the south. The dwellings will provide additional housing choices for residents wishing to live in this area. Recommended by: Approved by: Respectfully submitted: A. Bryce /cb Johr acDonald, Chief Adm(nistrative Officer S:1PDR120071PD- 2007.32, AM- 07.2007, Proposed On Street Townhouse Dwellings.wpd Doug Darbyson, Director of Planning Development Ed Du' vic, Executi irector of Community Services Subject Land t// SCHEDULE 1 LOCATION MAP Applicant: k:\GIS_ Requests\ 2007\ Schedules 'ZoningAM\AM•07\mapping.map Amending Zoning By -law No. 79 -200 Location: 6306 Through to 6378 Pinestone Road 6339 Through to 6367 Pinestone Road Walker Community Development Corporation 1:NTS AM- 07/2007 April 2007 SCHEDULE 2 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2" Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: N iagara WM Region PLANNING AND DEVELOPMENT March 29, 2007 File: D.10.M.11.23 Re: Zoning By -law Amendment Application_ 6306 8378 Pinestone Road and 6339 -6367 PinestonfRoad Walker Community Development Corporation Citv of Niagara Falls This application proposes to amend the City's Zoning By -law to permit street townhouses. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A wide range of land uses and residential densities are permitted in Urban Areas. The proposed street townhouse development will make more efficient use of these lands and improve the housing mix in the neighbourhood as promoted In the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Regional Planning staff has no concems with this application from a Provincial or Regional planning perspective. Please send notice of City Council's decision on this application when available. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner M:WISWORDIPC\Niagara Falls\NFzbiaWinestoneRd Walkers.doc Building Community. Building Lives. The Regional Municipality of Nle 2201 St. David's Road, P.O =ox Thorold, Ontario L2V 417 Cl Telephone: 905 -984 -3630 Fax: 905 641 -5208 cA9 E-mail: plan ©reglonal.niagara.on. 00 07 c: D. Darbyson, City of Niagara Falls C. Clark, Walker Community Development Corp., P.O. Box 100, Thorold, ON L2V ;R E CE 1 V E D Councillor W. Smeaton APR 8 2 2007 PLANNING DEVELOPMENT June 11, 2007 PD- 2007 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Surrounding Land Uses NiagaraJalls CANADA Members: Re: PD- 2007 -33 AM- 13/2007, Zoning By -law Amendment Application 7209 Drummond Road Applicant: Pioneer Petroleums Agent: James Webb, Webb Planning Consultants Inc. Gas Bar and Convenience Store That Council approve the Zoning By -law amendment to permit a new gasoline bar and convenience store to be constructed on the property. Pioneer Petroleums has requested an amendment to Zoning By -law No. 79 -200 for a 0.1 hectare (0.25 acre) parcel of land known as 7209 Drummond Road, as shown on Schedule 1. The applicant is proposing to replace the existing automobile service station with a gasoline bar and a retail (convenience) store. Schedule 2 shows details of the proposed development. The land is currently zoned General Commercial (GC) which does not permit a gasoline bar. The applicant is requesting a site specific Automobile Service Station and Gasoline Bar (AS), zone to be placed on the land to permit the gasoline bar and retail store. A variety of small scale commercial uses surround the subject lands including restaurants and a convenience store. A motel lies to the west of the subject land, while a place of worship lies to the north. 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 Community Services Department Planning Development June 11, 2007 2 PD- 2007 -33 Circulation Comments Regional Municipality of Niagara There are no concerns from a Regional Planning perspective, with the proposed uses. Municipal Works Fire Services Planning Analysis Ongoing studies indicate intersection improvements, which may restrict full access to the site, may be needed. This will be looked at in later stages of development. A 3 metre (10 foot) wide road widening is required along the McLeod Road frontage of the property. Building and By -law Services All required building permits to be obtained prior to commencement of construction. Building Code requirements shall be addressed through site plan approval. Servicing of the site will be reviewed in detail at the site plan approval stage. A 3 metre (10 foot) wide road widening is required along the Drummond Road frontage of the property. In addition, a 7 metre by 7 metre (23 foot by 23 foot) daylight triangle is required at the corner of Drummond Road and McLeod Road. No objections. The provision of fire access and water supply will be dealt with at the site plan approval stage. 1. The proposal complies with the Official Plan. The Official Plan directs gasoline bars and automobile service stations to arterial roads within commercially designated areas. Adequate building setbacks, particularly from residential zones and significant landscaping to compensate for large on -site parking areas, are to be implemented. The property is designated Minor Commercial by the Official Plan and is located at the intersection of two arterial roads. On -site traffic circulation will be improved and a proper parking area will be provided for the convenience store. Both of these improvements should reduce any off site traffic impacts (i.e., queuing for the pumps on the sidewalk or streets) that may have occurred in the past. June 11, 2007 3 PD- 2007 -33 Proposed building setbacks and landscaping for the new gasoline bar development represent a substantial improvement overthe current development, and will improve the streetscape at this corner. The property does not abut any residential zones and residential neighbourhoods are not impacted by the redevelopment. 2. The requested amendment is appropriate. A site specific AS zone has been requested to accommodate the development. The requested zone will include a retail (convenience) store as a permitted use. Convenience stores have become a common accessory use to gasoline bars in recent years. There are no concerns with adding this use site specifically, provided it is limited to the size proposed (107 square metres or 1,150 square feet). The following site specific development standards are necessary given the limitations of the site: A reduction in lot frontage from 30 metres (98.4 feet) to 25 metres (82 feet). This reduction is necessary given the current lot size and the necessary road widening dedications. CONCLUSION: A reduction in the rear yard and interior side yard setbacks from 5 metres (16.4 feet) and 10 metres (32.8 feet) respectively to 1 metre (3.3 feet). These reductions will allow the convenience store to locate in the northwest corner of the property, thereby freeing up the rest of the site for the provision of adequate traffic circulation. The properties abutting the proposed convenience store are used for a church and a motel; neither of these uses will be impacted by the reduction in these yard setbacks. An increase in lot coverage, from 5% to 27% of the lot area. Originally gasoline bars consisted of a kiosk and pump islands, which took up very little lot coverage. However gasoline bars have evolved to include convenience stores and large canopies to shelter customers, which significantly increase coverage. Given the modest height of the building and canopy (4.7 to 6.0 metres or 15 to 20 feet), the open nature of the canopy and the ample setbacks from the streets, this increase is acceptable. A reduction in the canopy set back from both street lines from 6 metres (19.7 feet) to 3.6 metres (11.8 feet). Due to the smaller lot size, this reduction is necessary. However, only a small part of the canopy corners encroaches to within 6 metres of the street line. Other than the above noted exceptions, all other standards of By -law No. 79 -200 will be met. The requested zoning by -law to permit the replacement of the existing service station with a new gasoline bar and convenience store can be supported for the following reasons: It meets the Official Plan criteria with respect to gasoline bar developments. June 11, 2007 The appearance of the site and adjacent streetscapes will be significantly improved with the new buildings and structures and the introduction of landscaping, and on- site traffic circulation will be improved. Recommended by: Approved by: Respectfully submitted: A. Bryce:cb S:1P DR120071PD- 2007- 33a.wpd Doug Darbyson, Director of Planning Development Ed Dujlovic, Executive Director of Community Services 4 n MacDonald, Chief Administrative Officer PD- 2007 -33 Subject Land 11:911 SCHEDULE 1 Location: Applicant: LOCATION MAP IIM I 7R m no ram is {'ei {ti3ii' "9!JI�L'liii rn 11111111 11111111111111111 m••• 11111111 �WK,�n D IIII 1� g 111= MCLEOD RD ('gpHqM ST CADt4AM ST MCLEOD RD VILLAGE LRES VILLAGE CRES vk in 1111fr Al MS k` mom g Arlir ANIVAM Wera AI& Amending Zoning By -law No. 79 -200 7209 Drummond Rd Pioneer Petroleums Scale: 1:NTS AM- 13/2007 5/4/2007 3:44:30 PM SCHEDULE 2 $101 dIHSN .1 N33M138 30NYM011V OYOiI 9149 3 991L991 ;39i1P9 Feo. 16. 20u1 10:28AM REGIONAL PLANNING Fax Transmittal To: ►n 13,1 r e Fnc Froze: (010 s i vxo 1 Vte Re t jl 1a tro eges: CC: u NiagaraV Region PLANNING AND DEVELOPMENT 2201 St. David's Road, P.O. Banc 1042, Thorold ON 12V 4T7 Tel: 905- 9843630 Fate 905641-5208 Date: FJ ,U /o $t (^oti✓awu*( rL including cover page k ali arm 1ej ►�c ji W0rle5 KA. tt J to P.c„ fti CC r rGw� y. R ere r1(7 -61L No. 9222 P. 1 D U' wt O For Review D Please Commit D Please Rspty CI Please Rec .'le RECEIVED FEB 16 2007 PLANNING DEVELOPMENT CONFIDEMTIAL The information contained in this facsimils message Is lewdly privileged and confidsnlW and is tended only for the use of the individual or entity named below. Any other use, dissemination, distribution, disclosure or copy of this facsimile Is strictly prohibited. If you have received this fs simle in error. please immediately nntiy us by telephone so thst we may arrange the return of the original transmission. Thank you. :eb.16. 2007 10:28AM REGIONAL PLANNING 1) Potential Road Works 2) Site Access 3) Servicing Niagarafffff Region MEMORANDUM No. 9222 P. 2 DATE: February 13, 2007 TO: Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department FROM: William J. Stevens, C.E.T. Development Approvals Manager SUBJECT: Preliminary Zoning By-law Amendment Application Owner /Applicant: Pioneer Petroleums Proposal: To reconstruct the existing non-conforming service station as a gas bar and a 112 sq m convenience store Location: 7209 Drummond Road In the City of Niagara Falls Our File: D.18.04.66.643730131 0D036623 4 A RECEIVED FEB 14 2007 nepionei MunlNpaatr PLANh 4 %01 0 Regional Niagara Public Works Department has reviewed the above referenced Zoning By- law Amendment and provide the following preliminary comments: Recent and ongoing reviews/studies of the intersection of Drummond Road (local road) and Regional Road 49 (McLeod Road) by both the City and the Region suggest that intersection improvements are required. Design works have not been completed, but the installation of traffic medians on both Drummond and McLeod Roads is likely. As indicated above, the delivery by fuel trucks would likely be limited to right-in southbound from Drummond Road and right -out onto McLeod Road. A Regional Entrance Permit will be required for anyy changes to the McLeod Road access. There appears to be a local watermain and sanitary sewer along Drummond Road to service this site. Owners of commercial and industrial buildings are required to comply with the Region's Sewer Use By-law #39.2002, as amended. Under Section 6 (1) the installation and maintenance of a suitable manhole at the property line may be required to allow observation, sampling and measurement of sewage flows. Under Section 5 (1) (2) the installation of an interceptor may be necessary for the reo, 16. 2UU7 0:28AM REGIONAL PLANNING No. 9222 P. 3 3) Curb Cut and Boulevard Restoration Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department February 13, 2007 Page 2 of 3 removal of grease, flammable waste, sand or other harmful ingredients. The owner should discus these matters with Mr. Jason Oadey, R.Sc, CChem., Laboratory Environmental Enforcement Manager at 905- 685 -4225, extension 3758, to ascertain the exact requirements for this proposal. 4) Regional Permit Requirements Prior to any construction taking place within a Regional road allowance, a Regional Construction Encroachment andfor Entrance Permit must be obtained. Applications must be made through the Permits Section of the Operational Support Services Division of the Public Works Department. The Regional mad allowance must be restored by removing obsolete driveway aprons and curb openings. Existing curb cuts that are no longer required must be removed and replaced with a barrier type curbing. Details on replacement will be provided through the Entrance Permit issuance process. In addition, the boulevard areas that are disturbed must be graded and topsoil and sod placed. As well, any landscaping on the road allowance must be kept to a maximum height of 750 mm and trees must be planted behind the sidewalk approximately one (1) metre from any parking lot curb to allow for overhang of vehicles. 6) Regional Road Allowance Widening Request In accordance with the approved Regional Publk Works Department Policy PW3.P01.2, "Dedication of Land for Road Widening Through Development Applications", we would request the applicant grant the following road widening gratuitously to the Region: 10400t road allowance widening across the frontage of the subject property along with daylighting'triangle. The widening Is intended to provide the necessary road allowance needed for future pavement expansion and boulevard area for an alternative alignment for sidewalks, utility placement, snow storage, and tree plantings. The requested widening Is to be conveyed free and clear of any mortgages, liens or other encumbrances. As the widening process can take an average of 8- weeks, the applicant Is encouraged to contact Randy Clegg, Coordinator Properties of our Public Works Department at (905) 685 -4224 exfensioia 3326, at the earliest opportunity to discuss this matter. Feb. 16. 2U0! 1U:26AM REGIONAL PLANNING No, 9222 P. 4 I lam J. Ste s, C. T. Development Approvals Manager Public Works Department Operational Support Services Division 7) Regional Bicycle Network As a point of information, the Region has developed a Regional Niagara Bicycling Network Plan. We note that the subject property has frontage on a roadway designated as 'a bicycle route within this plan. If the bicycle route is currently not established and identified with signage, it is the intent of the Region to make provisions for doing so when an appropriate opportunity arises. This may involve additional pavement width, elimination of on -street parking, etc., if required on this street section. 8) Protection of Survey Evidence Survey Evidence adjacent to the road allowance is not to be damaged or removed during the development of the property. We would request that any agreements entered into for this development Include a clause that requires the owner to obtain a certificate from an Ontario land Surveyor, stating that all existing and new evidence is in place at the completion of said development. Peter Colosimo, MCIP, RPP Senior Planner Planning and Development Department February 13, 2007 Page 3 of 3 KS/cr L- n daring- Plannintandaawlopmwnt atranK3mimWlagara Fa11s\cORRESPONDENCE 200713602.P.Coloslmo doc c: Randy Clegg, SR/WA, Coordinator Properties Jason Oatley, Acting Director, Water Wastewater Services Division Normans V. Taurins, BSc, O.L.S., O.L.I.P., Legal Surveys Manager Jim Zeoli, M.L.E.O., Acting Supervisor of Permits June 11, 2007 PD- 2007 -34 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraflalls CANADA Re: PD- 2007 -34 AM- 08/2007, Zoning By -law Amendment Application 6911 and 6921 Barker Street and 6019 Dorchester Road Applicant: Brian Sinclair Agent: Allan Heywood, Matthews, Cameron, Heywood Surveying To Recognize an Existing Apartment Dwelling and Permit Expansion of its Parking Lot 1. That Council approve the Zoning By -law amendment application to recognize the existing apartment building at 6911 and 6921 Barker Street and to permit the rear portion of 6019 Dorchester Road to be used for additional parking. 2. That the lands be subject to site plan control in order to address such matters as screening, grading and drainage of the parking area, garbage storage and landscaping for the apartment building. Brian Sinclair has requested an amendment to Zoning By -law No. 79 -200 for land holdings totalling 963 square metres (10,360 square feet) in area known as 6911 and 6921 Barker Street and part of the lands known as 6019 Dorchester Road, as shown on Schedule 1. A legal non conforming apartment building is located on 6911 and 6921 Barker Street, while a single detached dwelling is located on the front portion of 6019 Dorchester Road. The applicant is proposing to sever off the rear portion of 6019 Dorchester Road and merge this parcel with 6911 and 6921 Barker Street, in order to provide additional parking for the apartment dwelling. Details of the proposal are shown on Schedule 2. The lands are currently zoned Residential Single Family 1 C Density (R1 C), which does not permit apartment dwellings. The applicant is requesting a site specific Residential Apartment 5A Density (R5A) zone to recognize the apartment building and allow the rear portion of 6019 Dorchester Road to be used for parking. The rear portion of 6019 Dorchester Road is intended to be merged with the apartment lands through a future consent application. The applicant is also seeking a reduction in the amount of parking required for an apartment b ding from 1.4 spaces per dwelling unit to 1 space per dwelling unit. The front p rc k 19 Dorchester Road is to remain under the R1C zone. 0 Queen Street, P.O. Box 1023, Niagara falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Working Together to Serve Our Community Planning Developme June 11, 2007 2 PD- 2007 -34 Site Description and Surrounding Land Uses The apartment building is located on both 6911 and 6921 Dorchester Road. Small paved areas provide parking in tandem on the west side of the building and directly from Dorchester Road and Barker Street on the east. This latter parking area is not safe. The single detached dwelling at the front of 6019 Dorchester Road is intended to remain. The lands are completely surrounded by single detached dwellings. Circulation Comments Regional Municipality of Niagara No objections. The proposed development conforms to the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Parks, Recreation Culture Municipal Works Building Services No objections. Fire Services No objections. Resident Concerns Landscape details including planting, fencing and paving to be submitted for review and approval. Grading of the future parking lot to be completed such that drainage shall be contained within the subject lands and directed to the road. Removal of the parking area on the east side of the building will be a safety improvement that outweighs compliance with by -law parking standards. There have been no parking problems reported in this area given the current parking deficiency, therefore, there are no objections to the requested parking reduction. A resident to the north of the properties provided verbal comments to the City, citing concerns about screening the new parking area from adjacent residences, snow storage and locating the waste disposal bin. Planning Analysis 1. The proposal complies with the Official Plan. The property is designated Residential by the Official Plan. Residential lands are intended to be used for various types of residential dwellings. Although low density June 11, 2007 2. The requested zoning amendment is appropriate. 3 PD- 2007 -34 housing is intended to be the predominant use in residential areas, compatible low- rise apartment dwellings are permitted where sites have convenient access to arterial roads and are located in close proximity to neighbourhood commercial areas. The apartment building has existed for a considerable period of time and a degree of harmony has been achieved with the surrounding dwellings. The low -rise building is at a scale that is compatible with the surrounding dwellings. Removing the parking from the corner of Dorchester Road and Barker Street and replacing it with landscaping will improve the apartment's compatibility with the surrounding single detached dwellings. The site has frontage on an arterial road (Dorchester Road) and is close to commercial areas along Lundy's Lane. The applicant has requested the subject lands be rezoned to a site specific R5A zone. Specifically, the owner is requesting relief to recognize the existing lot size and building location and to permit a reduction in parking. The modifications to recognize the existing lot and building location are summarized as follows: A reduction in the minimum lot frontage, from 30 metres (98.4 feet) to 15 metres (49.2 feet). A reduction in the required front yard (Dorchester Road) setback, from 7.5 metres (25 feet) to 3 metres (10 feet). A reduction in the interior (north) side lot line, from one half the building height to 1.8 metres (6 feet). A reduction in the exterior (south) side lot line, from 7.5 metres (25 feet) to 5.5 metres (18 feet). In addition, the applicant is seeking a reduction in the amount of parking required for this development, from 1.4 spaces per dwelling unit to 1 space per dwelling. As the apartment dwelling has 12 dwelling units, this equates to a reduction in required parking from 16 spaces to 12 spaces, still more than the 11 spaces currently provided on site. Staff is not aware of any off site parking problems occurring. Approval of this reduction will facilitate the removal of the parking at the northwest corner of Dorchester Road and Barker Street, which staff is of the opinion should be removed due to the proximity of the parking area and associated driveway to this intersection and the inherent safety concerns this proximity causes. Staff supports this reduction in parking, provided the easterly parking area is removed. The applicant is also seeking reduction in the width of a manoeuvring aisle, from 6.9 metres (22.6 feet) to 3.7 metres (12.2 feet), for the drive aisle west of the building. Although not normally supportable, this reduction is necessary given the constrained rear yard building setback and the need to maintain a minimal landscape strip along the rear lot line. In addition to these changes, landscape strips should also be secured between the building and Dorchester Road and Barker Street, to ensure the parking lot in this area is removed as discussed earlier. June 11, 2007 4 PD- 2007 -34 3. Site Plan Control is necessary to ensure impacts of the proposed parking lot are mitigated. As the apartment dwelling is not being expanded nor is its useability being increased, this development would not normally be subject to site plan control. However, there are aspects of the parking lot expansion, including the provision of proper parking lot drainage, wood fencing and the positioning of a waste disposal enclosure, that could adversely impact surrounding residents. Site plan control provides the means to ensure these matters are addressed and the resulting works are properly maintained. Therefore, it is recommended that a site plan agreement be required for this development. CONCLUSION: 1. The requested Zoning By-law amendment can be supported as it places the existing apartment building under an appropriate multiple family zoning category, improves the provision of parking and eliminates an unsafe driveway condition at the intersection of Dorchester Road and Barker Street. 2. To ensure adjacent residents are not adversely impacted by the new parking lot, various matters need to be addressed by way of site plan control. Recommended by: Approved by: Respectfully submitted: A. Brycelgd S:1PDR120071PD- 2007.34, AM -O8 -2007, 6911 8.6921 Barker &8019Dorchester- Sinciair.wpd Doug Darbyson, Director of lanning Development Ed Dujlovic, Executi ommunity Services John Chief Administrative Officer Subject Land f A sir ilmariz gift man 11.1 g ilr Location: 6019 Dorchester Road 6911 Barker Street 6921 Barker Street Applicant: Brian Sinclair k:1GIS Requests110071ScheduleS \ZoningAM\AM- 081mappiug.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 N 1:NTS AM- 08/2007 April 1007 9lL'tl 996'8Z NIdVO$4NV1 *Z ONIISIX3 rn N N J SCHEDULE 2 DORCHESTER ROAD .:i`K'S:' n r N W 86g ft NV7d 996 IZa 869 NV7d _17 1dVd rn 8, EN tea 0 3 W rti Niagara Region PLANNING AND DEVELOPMENT May 1, 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 6019 Dorchester Road AM -0812007 City of Niagara Fails Peter Colosimo, MCIP, RPP Senior Planner M:IMSWORD\PCWiagara FallsWFzbla\Dorchester Sinciair.doc Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax: 905 641 -5208 E -mail: plan ©regional.niagara.on.ca cl f2A -k-/ c.1, Fleming File: D.10.M.11.23 Fle AAA O �co This application proposes to amend the City's Zoning By -law to recognize an existing apartment building and to permit the expansion of the parking area. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A wide range of land uses is permitted in Urban Areas. The proposed development conforms to the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan from a general land use perspective. Therefore, Regional Planning staff has no concems with this zoning by -law amendment application. Please send notice of City Council's decision on this application when available. Yours truly, RECEIVED MAY 0 i t 2007 PLANNING DEVELOPMENT June 11, 2007 PD- 2007 -41 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara,Falls CANADA Re: PD- 2007 -41 AM- 10/2007, Zoning By -law Amendment Application 4077 Hickson Street Applicant: Ben Pilon Recognition of an Existing Triplex RECOMMENDATION: 1. That Council approve the Zoning By -law amendment application to recognize the existing triplex on 4077 Hickson Street. 2. That prior to the passage of the amending by -law, an encroachment agreement shall be executed with the City to recognize a portion of a detached garage which is located on an unopened City laneway, and the Mayor and Clerk be authorized to execute this agreement. BACKGROUND: Ben Pilon has requested an amendment to Zoning By -law No. 79 -200 for a 278 square metre (2,995 square foot) property known as 4077 Hickson Street, as shown on Schedule 1. The applicant is requesting that the existing triplex on the property be recognized in the zoning by -law. Refer to Schedule 2 for the details of the property. The land is currently zoned Residential Single Family and Two Family (R2). The applicant is requesting the zoning of the property be changed to a site specific Residential Mixed (R3) zone to recognize the existing dwelling as a triplex and to permit the proposed parking arrangement. Surrounding Land Uses The Great Wolf Lodge and a City park lie to the north of the property. Mainly single detached residential dwellings lie to the south, west and east of the property. 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 Community Services Department Planning Development June 11, 2007 -2- PD- 2007 -41 Circulation Comments Regional Municipality of Niagara Municipal Works No objections. Parks, Recreation and Culture No comments. Legal Services The property has been transferred to Betty and Gerry Pilon. Fire Services A fire safety inspection will need to be completed in order to determine the dwelling's current fire and safety status. Planning Analysis The proposed triplex represents an intensification of an existing residential use and provides affordable housing as promoted in the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Regional Planning Staff has no concerns. 1. The proposal does not offend the Official Plan. The property is designated Residential by the Official Plan. Multiple unit dwelling developments are permitted within this designation where they are compatible with the surrounding development and contribute to providing a mix of residential units to meet the needs of residents. Higher residential densities up to 75 units per hectare (30 units per acre), are permitted where the land is at the periphery of a residential neighbourhood, adjacent to commercial or open space uses, with convenient access to the City's arterial road system. The property is adjacent to the Great Wolf Lodge and a City park; the use of this property for a multiple unit dwelling provides a transition from these uses to the single detached dwellings to the south. The site has ready access to Victoria Avenue, an arterial road, via Leader Lane. The density of the development at 108 units per hectare (43 units per acre), is above that contemplated by the Official Plan, reflecting the small size of the property. This higher density is acceptable for the following reasons: June 11, 2007 -3- PD- 2007 -41 CONCLUSION: The dwelling appears to have been constructed more than 50 years ago as a duplex and has been used as a triplex for an unknown period of time. Although the lot size and building setbacks do not meet the standards expected of a triplex, a degree of harmony has been achieved between the dwelling and surrounding residential properties and no building expansion is proposed. The dwelling has only three units. This number of units can be supported by the surrounding infrastructure and will not adversely impact the neighbourhood. Sufficient parking will be provided on -site once the required parking is provided as discussed below. 2. The requested zoning is appropriate. The applicant has requested a site specific R3 zone to permit the existing triplex. This zone will recognize the current lot size and the setbacks of the dwelling and garage. Staff noted, when doing a site inspection of the subject property, that no parking was available on -site (the garage was being used for storage and the two additional parking spaces are not constructed yet) and residents were parking on Leader Lane. The applicant has indicated he is cleaning out the garage to allow for it to be used as parking. Two of the four required parking spaces will be provided in this garage. The applicant will provide two additional parking spaces, beside the garage, to meet minimum parking standards. While this is not an ideal situation (it is preferable that such spaces be accessed by a manoeuvring aisle provided on the property) this parking configuration is acceptable as it preserves amenity space for residents. 3. Encroachment Agreement The existing garage encroaches about 20 centimetres (8 inches) onto an unopened City laneway. Preferably, this garage would be removed and replaced with surface parking entirely on the property. However, an encroachment agreement can be executed prior to passage of the zoning by -law to permit the encroachment per the current city practice. 1. As the existing triplex has existed for some time in general harmony with surrounding land uses and provides a transition between the commercial and open space uses to the north and the single detached dwellings to the south of the land, the Zoning By -law amendment application can be supported. June 11, 2007 -4- PD- 2007 -41 2. Prior to the execution of the amending by -law, an encroachment agreement for the garage encroachment is to be executed. Recommended by: Approved by: Respectfully submitted: Ed Dujlovic, Exec Doug Darbyson, Director of Planning Development John cDonald, Chief Admini rative Officer A.Bryce/cb S:\PDR12007 \PD- 2007 -41, AM -10 -2007, 4077 Hickson Street, Recognition of an Existing Triplex.wpd ive Director of Community Services Subject Land Location: Applicant: 4077 Hickson Ave Ben Pion SCHEDULE 1 LOCATION MAP 0 m LEADER LANE 0 2 L ST FERGUSON ST FERGUSON ST FERGUSON ST FERG 11\ 111 1111.1 111 3 -LI 11 Amending Zoning By-law No. 79-200 Scale: 1:NTS AM-10/2007 4/20/2007 4:50:03 PM W SCHEDULE LOT AREA=278.30 sq. m. 1009E BUILDING AREAS= 122.60 sq.m. LOT COVERAGE =44X ROOF PEAK HEIGHT 8.78 m METRIC. NOTE DISTANCES SHORN ON 1HIS PLAN ARE 11 METRES AND CAN CONVERTED TO FEET BY DIVIDING BY 0.3048 SKETCH FOR RE— ZONING PURPOSES ONLY LOT 170, PLAN 304 City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATTHEWS, CAMERON, HEYWOOD KERRY T. HOWE SURVEYING UMUED 1 .P 2007 NORTH 9.132 NO BE HICK50N 997J AVENUE NORTH 9.132 8 1( (NOT TRAVELLED) g X X z X January 18, 2007 DATE G.yoba 137750479991379161dwg137916 •REZONING.dwg Sketch MET 8.5x14 Jan 19, 2007 11:21em Suzy `8 ip METRES 1 200 (MUNICIPAL ROAD) (18.288 WOE not to node) PLAN 99 (4.8773 WOE) 304 RECEIVED APR 0 2 2007 PLANNING DEVCLOrMENT iv ANDREW CAMERON Ontario Land Surveyor MATTHEWS, CAMERON, HEYWOOD M KERRY T. HOWESURYEYINO LTD, 5233 II* Aram IMN p, *nary Ma, Oidalo 12E 7C1 PhoM(905)358 -3693 F4905)358 -6224 98 Church SkNI, 51, Odhodna, Onkfk. 12R 3C8 hhons(905)687 -3300 Inew.. thaaurnyoxs.aa Drawn S.S. (Checked A.C. I LLN 37916 (File attached SCHEDULE 2 Niagara 41/0 Region PLANNING AND DEVELOPMENT April 19,2007 File: D.10.M.11.23 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 4077 Hickson Avenue Ben Pilon Citv of Niagara Falls This application proposes to amend the City's Zoning By -law to permit a triplex dwelling. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A wide range of land uses and residential densities are permitted in Urban Areas. The proposed triplex represents an intensification of an existing residential use and provides affordable housing as promoted in the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Regional Planning staff has no concems with this zoning by -law amendment application from a Provincial or Regional planning perspective. Please send notice of City Council's decision on this application when available. Peter Colosimo, MCIP, RPP Senior Planner c: D. Darbyson, City of Niagara Falls M:'MSWORD\PC \Niagara FaIIs\NFzblaWicksonAve Pilon.doc Building Community. Building lives. The Regional Municipality 4 p6s1i0 2201 St. David's Road, P.O. Thorold, Ontario t2V 4T7 Telephone: 905 -984 -3630 Fax: 905 -641 -5208 E -mail: plan @regional.niagara.on.ca RECEIVED APR 2 0 2007 PLANNING DEVELOPMENT June 11, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niagaraaalls CANADA Re: PD- 2007 -36 26T -11- 2006 -03, Public Meeting Fernwood Phase 2 Draft Plan of Subdivision Lundy's Lane (North Side), West of Garner Road Owner: 800460 Ontario Limited PD- 2007 -36 That Council consider input received at the Public Meeting and refer all matters to staff for review of the Fernwood Phase 2 Draft Plan of Subdivision. The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. No decision is to be made with respect to approval of the subdivision at tonight's meeting. This plan is an extension of the Fernwood Draft Plan of Subdivision (File 26T -11- 2004 -03 Revised) that was approved by the Ontario Municipal Board (OMB) on December 4, 2006. During the same hearing, the OMB approved an Official Plan amendment and a Zoning By -law amendment for the whole development area. The attached Board Order provides the details of these Official Plan policies, zoning provisions and subdivision conditions. With Phase 2 of development, the applicant proposes to subdivide the 13.66 hectare (33.75 acre) site into 112 lots for single- detached dwellings, a block of land for either semi- detached dwellings or on -stre t townhouses (36 units) and blocks of land for townhouses (minimum 39 units) and a tits (minimum 43 units). The property is located on the 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 Community Services Department Planning Development June 11, 2007 2 PD- 2007 -36 north side of Lundy's Lane at the Urban Area Boundary, east of Beechwood Road and west of Garner Road (see Schedule 1). The street pattern includes an extension of the proposed Hendershot Boulevard to the east, a looped roadway and a cul -de -sac. The north limit of this phase is designed to allow the possible continuation of development on abutting land to the north in the future should the planned Highway 420 Extension not proceed. An emergency access connection to Lundy's Lane is required in this plan through the conditions of the original Fernwood draft plan approval. Schedule 2 illustrates the submitted subdivision layout. The City's Official Plan designates the property Residential (Special Policy Area #44) which requires the provision of an integrated housing mix on the overall site. The majority of the land is zoned Development Holding (DH), while small sections at the east and south are zoned Residential Single Family 1E Density (R1E) and Hazard Land (HL), respectively, through site specific By -law No. 2004 -157. The applicant has requested a zoning change to the Residential Single Family 1 E Density (R1 E) zone for the single- detached lots, to the Residential Mixed (R3) zone for the semi detached /on- street townhouse block and to the Residential Low Density, Grouped Multiple Dwellings (R4) zone for the townhouse and the apartment blocks. The related zoning by -law amendment application (AM- 45/2006) will be subject to a Public Meeting at a later date. Preliminary Review Based on a preliminary staff review, the following outlines some of the issues for consideration in the future decision on the proposed subdivision: Implementation of the Official Plan policy requiring a minimum residential density of 6 units /acre (14.83 units /hectare) and integrated housing mix on the overall Fernwood development site. The street pattern and land use arrangement including options for development on land to the northwest if a planned Highway 420 Extension does not proceed. Confirmation that the stormwater design as well as noise and vibration mitigation requirements from Phase 1 (regarding CN Railway and an industrial use) are satisfactory to accommodate Phase 2 of the development. Details of the emergency access design from the extension of Hendershot Boulevard to Lundy's Lane (this is currently included within the proposed apartment block at the southwest area of the plan). The majority of development and general design issues for the overall (Phase 1 and 2) site have been addressed through the OMB approval of the Official Plan amendment, Zoning By -law amendment and the draft plan conditions for Phase 1. The large woodlot along Garner Road is to be protected and transferred to the City through an agreement with the developer. In addition, the corridor at the south boundary along the CN Railway will accommodate a realigned watercourse, stormwater management facilities, safety berm /noise fencing and recreational trail. June 11, 2007 3 PD- 2007 -36 CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Recommended by: Approved by: Respectfully submitted: R.Wilson:gd Attach. Doug Darbyson, Director of Planning Development Ed Du'lovic, ExecuTive Director of Community Services S: \PDR\2007 \PD- 2007 -36, Fernwood Phase 2 Draft Plan of Subdlvlsion.wpd John McDonald, Chief Administrative Officer Proposed Plan of Subdivision Fernwood Phase 2 26T -11- 2006 -03 Subject Land SCHEDULE 1 Location Map W E S Scale I:NTS KA GISJ tequests120061ScheduleskSubdivislonsVernwood4SUbdWfslon _napping .map May 2007 SCHEDULE 2 M A11Al CIII S!SM a 4 arou MVO won pg., 1m° CG ijs Pr ISSUE DATE: Dec. 4, 2006 DECISION /ORDER NO: 3381 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario PL040922 The Regional Municipality of Niagara, Fiorino Romano, and Peter Grandoni and Jean Grandoni have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By -law 2004 -157 of the City of Niagara Falls OMB File No. R040208 800460 Ontario Ltd. has appealed to the Ontario Municipal Board under subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Regional Municipality of Niagara to refuse approval of Proposed Amendment No. 51 to the Official Plan for the City of Niagara Falls Region's File No. D.10.M.11.21 -51 OMB File No. 0050026 The Regional Municipality of Niagara, Fiorino Romano, and Peter Grandoni and Jean Grandoni have appealed to the Ontario Municipal Board under subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of Niagara Falls to approve a proposed plan of subdivision on lands composed of Part Township Lots 135 and 138, and Part of the road allowance between Township Lots 121 and 135, in the former Township of Stamford, now in the City of Niagara Falls City's File No.26T -11- 2004 -03 OMB File No. SO40092 The Regional Municipality of Niagara has brought a motion before the Ontario Municipal Board under Section 37 of the Ontario Municipal Board, R.S.O. 1990, as amended, for directions on the issue of access to the subject property APPEARANCES: Parties Counsel /Agent* City of Niagara Falls K. Beaman 800460 Ontario Limited M. Melling Regional Municipality of Niagara S.M. Makuch, N. Auty J. Harbell Tate Lyle Canada Ltd. A. Platt (added as Party during hearing) Jean Grandoni K. Dawson (Student -at -Law) Agricultural Lands Society J. Bacher* DECISION DELIVERED BY D. GATES AND ORDER OF THE BOARD 2 PL040922 This hearing involved a proposal to build a low- density 75 -lot residential subdivision on a portion of an one hundred acre parcel of land owned by 800460 Ontario Limited (the "Company within the urban area of the City of Niagara Falls. The lands are located at the west edge of the urban area of the City just west of Garner Road, east of Beechwood Road, north of Lundy's Lane and immediately north of a CNR railway line which abuts to the south. While this subdivision is low density, and is located on about half of the Company's land which is located nearest Garner Road, the subdivision is Phase 1 of an overall proposal that contains a mix of uses and densities, and becomes more dense as development proceeds further west of Garner Road. The permitted uses are generally set out in Official Plan Amendment OPA 51 and in Zoning Amendment By- law -2004- 157, both of which are before this Board and apply to all of the Company's land. There is a possibility that Highway 420 will be extended north of the residential lots in the proposed subdivision, but within Block 83. While the City passed both amendments and approved the draft plan of subdivision, the Region refused to approve OPA 51 and in addition the Region, Fiorino Romano, and Peter and Jean Grandoni appealed By -law- 2004 -157, and the draft plan of subdivision approval File 24T -11- 2004- 3(Revised). The Company appealed the Region's refusal to approve OPA 51. At the outset of this hearing on November 6, 2006, the Board was advised that the Parties had settled their differences. Tate Lyle Canada Ltd. (referred to herein as Redpath), is the owner of a sugar plant located on an industrial property located just south of the CNR railway tracks and fronting on to Garner Road. The plant is near the proposed subdivision. Redpath recently became aware of these appeals. It brought a Motion at the beginning of this hearing with notice to the Parties that it was seeking Party status and that if Party status was granted, that it would be opposing the proposed residential plan so close to it's industrial operations. 3 PL040922 Redpath had not been involved in the many months of ongoing discussions between the Parties leading up to the commencement of the hearing. Given all of the foregoing, legal counsel for the Company, Mr. Melling asked that the hearing be adjourned until the afternoon so as to give the Parties an opportunity to discuss settlement with Redpath. All the Parties agreed with this request and the Board adjourned the hearing until the afternoon. Upon resumption of the hearing, the Board was advised that a settlement had been reached between Redpath and the Company that the other Parties could accommodate and the Board was requested to further adjourn the matter until Friday, November 7, 2006 so that the settlement could be documented. Also the Parties wanted time to organize the evidence they now wished to call to prove that the draft subdivision approval, OPA 51,and By -law 2004 -157 as settled, were in the public interest and represented good planning. No one apposed this request and the Board adjourned the hearing until Friday, November 7,2006. On Friday, November 7, the Board was asked on consent to grant Redpath Party status; status that the Board confirmed. Also, at the outset the Board received details of the proposed settlements, Exhibits 2 and 3. It appeared from the outset of this hearing that it would be very controversial because it involved an one hundred acre parcel of land that up until 2002 had been owned by the City and sold by it as industrial land. Furthermore, once the landowner purchased the property, it harvested one of the woodlots on the land. No adequate explanation was given to the Board as to why the harvesting was necessary and if this hearing were contested it could have been difficult for the Board to separate the planning merits of this case from the apparently selfish actions of the Company in destroying the woodlot. Mr. Melling called Mr. R. Brady, a very well qualified planner who had previously testified before this Board as an expert on many occasions. The Board accepted that his qualifications and experience entitled him to give expert opinion evidence. The Board heard no other evidence. 4 PL040922 As pointed out by Mr. Brady, the proposed plan represents good planning and is in the public interest because it protects the environment by identifying Block 83 (about 10 acres in area), which includes the remaining woodlot, its limit being the forest's drip line established by a surveyor and agreed to by the City and Company, providing a no build setback from the limit of the woodlot (which would prohibit buildings and other structures such as swimming pools), and the ultimate conveyance of this Block (which also includes a portion of the Highway 420 corridor), to the City. It is unfortunate that the City did not identify, protect and retain the woodlots when it first owned them. There is another large Block of land (approximately 16 acres) that runs along the CNR line immediately to the south of the subject lands which will also be conveyed to the City and will be used for all of the following purposes constructed at the owners expense: (i) a channelized watercourse; (ii) storm water management purposes including micro pools; (iii) for berms and buffering from the railway; (iv) land rehabilitation by landscaping and the planting of many trees; and, (v) a pedestrian walkway. Because the proposal is so environmentally friendly in that it protects and enhances the environmental areas, Blocks 83 and 77 respectively, and provides for a mixed -use development, Mr. Brady had little difficulty demonstrating how the proposal has regard to, is consistent with and implements Provincial Policy and the Region's Official Plan. The Board heard evidence from Mr. Brady that there is little demand for industrial land here because this property is at the edge of the urban area. He believed it would not develop with employment uses for a very long time, perhaps 50 years. He also stated that such parcels at the edge of the urban area are typically developed with residential uses in Niagara Falls. 5 PL040922 This parcel is relatively isolated from the lands around it by virtue of the railway to the south, the low intensity rural uses to the north, the many roads and possible roads to the west and east. The only possibility of conflict with neighbours appears to be with Redpath's operation to the southeast which is dealt with below. Mr. Brady relied on at least ten studies that have been completed that support his opinion that these lands are desirable for residential uses including studies on: aggregates, environment, hydrology, fisheries, forestry, storm water management, traffic, servicing, noise, concept plan and his own planning study. With the proposed settlement, both the Region and the other Appellants, as well as Redpath, no longer oppose this development initiative. Mr. Brady then proceeded to review and demonstrate how the 21 issues that the Parties had earlier identified, together with Redpath's issues, had been taken care of by the proposal as settled. For instance, all services are readily available or will be provided on terms acceptable to the City and Region. Temporary emergency access and pedestrian access for transit will be provided to Lundy's. Lane or Beechwood Road. Environmental concerns are alleviated with the rehabilation and improvements to Block 77 and by the identification, designations on and conveyancing of Blocks 83 and 77. Highway 420 is provided for as is the setback for housing that the Ministry of Transportation requested by inclusion of part of the potential right -of -way in Block 83 and redrafting the limit of the subdivision plan. CNR's concerns have been accommodated by the draft subdivision conditions and by the dedication of Block 77. Thus the proposal in its entirety, implements the Provincial Policy Statement and the Region's Official Plan Eventually Mr. Brady was able to demonstrate to the Board's satisfaction that all of the various concerns that had been raised had been covered off by the recommended subdivision draft conditions, the amending Zoning By -law and Official Plan Amendment as ultimately agreed upon by the Parties. For instance Redpath's concerns were dealt with by the addition of draft conditions 39 -47 which may require the implementation of additional noise and vibration mitigation measures after further study together with warning clauses to advise prospective purchasers of the extent of Redpath's industrial operations. The other Parties settlement with the Company was implemented by the design of the final plan which specifically identified the limit of Block 83 to the satisfaction of the Parties, the provision of a no build zone abutting Block 83, its designation in the Official Plan and the conveyance of it to the City. Schedule "A" to the Official Plan was amended to implement the settlement as was the text of the plan to require a mixed use development of not less than 6 upa across the entire developable parcel and the zoning by -law redrafted, particularly to reflect the 5m no build zone and the uses permitted in the interim on the owners remaining land. The final bylaw no longer contained any Holding Provisions as provided for in section 36 of the Planning Act but accomplished the same by permitting recreational and some agricultural uses on the balance of the Company's lands. Thus, for the reasons given by Mr. Brady, a brief summary of which appears above, the Board will allow the Company's Appeal of OPA 51 and dismiss all of the Appeals to By -law 2004 -157 and the Draft Plan Approval, provided that the amendment of OPA 51, Zoning Amendment By -law 2004 -157, the draft plan and conditions are amended to read as per Attachments 1,2, 3 and 4 respectively. The Board finds that the development proposal represents good planning and is in the public interest and heard no evidence to the contrary. At the conclusion of the hearing the Board gave an oral decision that briefly outlined the Board's finding based on Mr. Brady's testimony. The Board reserved the right to supply more fulsome reasons in this Memorandum of Decision, which it has done above. In coming to this finding the Board deleted Draft Condition 17 as requested by the Parties because it is no longer required and hereby delegates the clearing of the amended draft plan conditions back to the Planning Department of the City pursuant to section 51. (56.1) of the Planning Act to clear in the same way they would have had no appeal been made. It is so Ordered. 6 PL040922 "D. Gates" D. GATES MEMBER Attachment 1 OFFICAL PLAN AMENDMENT NO. 51 As modified PL040922 That Official Plan Amendment No. 51 be approved as modified by: Redesignating the northerly woodlot from Industrial to Environmental Protection Area, and by deleting subsection 14.44 under Special Policy Area "44" and replacing it with the following: 14.44 Special Policy Area 44 refers to a parcel of land approximately 40 ha. in size and located on the west side of Garner Road and north of Lundy's Lane. In order that development occur in a manner appropriate with the attributes and constraints of the site, the following special policies apply: 14.44.1 The lands described in Map 1 being Schedule A hereto as "RESIDENTIAL shall be designated residential and, although the Phase 1 Plan Subdivision approved by the Ontario Municipal Board on or about November 10, 2006 may have only residential single family lots, the lands will feature an integrated housing mix throughout the site with an overall minimum of 6 units per acre to provide for efficient land use and foster a diverse and attractive community within the plan area. A variety of single family lot sizes along with townhomes, apartments and multiple residential units will be integrated throughout the plan area in order to provide a choice of housing types and tenure. 14.44.2 A 5 ha. woodlot containing rare Carolinian tree species is located along the northerly periphery of the residential area. This area, which is bounded by the woodlot dripline, will be protected in accordance with the policies of Part 2, section 12 Environmental Protection Areas. 14.44.3 In order to ensure that future residential development adjacent to the woodlot in 14.44.2 is designed in a sensitive manner and does not negatively impact on its features and finctions, the following shall be implemented: i. development and structures surrounding the woodlot area shall be set back 5 metres from the drip line of the woodlot perimeter; and ii. any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area. 14.44.4 Council is required to plan for, protect and preserve employment areas for current and future uses. In this respect, prior to residential uses being permitted, Council should ensure that the future residential uses cause no undue negative impacts or place no undue limitations on permitted and lawful industrial use of the Industrial designated lands (the Redpath Facility) shown on Map 1 being Schedule A hereto, located directly south of the lands subject to Special Policy 44. 14.44.5 Prior to Council passing by -laws, the City entering into any subdivision agreements, or the City granting subdivision approval permitting residential uses on lands subject to Special Policy 44, the City shall be satisfied having had regard for applicable environmental guidelines, that adequate buffering and separation distance is achieved between any proposed residential development and the Redpath Facility, with particular regard for noise and vibration so as to minimize adverse impact from the new development on the ability of the industrial use to conduct lawful operations and to expand as permitted under existing zoning in compliance with municipal and provincial lawful requirements and to minimize adverse impact on the new development from the continuing abutting industrial use and its potential for operational expansion. 1 TO AMENDMENT NO. 51 SCOW A TO Tin OFFICIAL PLAN Area W s .t endm»t Pr'o nosed Ctith..gg i7roin; 1odvstrial Envirenn eutal Protection A• a and Special Policy Area No. "9" Io; Residential with a Sp cia1 Policy Arcs No.M4 and gnyirolitassicalftotection Area ti r� •e�r..el�: r. :ls: Modified Under. Socdon 17•(34 'of the Planning Act 11S.0:1990 "Re od e from" ,nvi •io w "R side ;'to "Enviranalenta!Protoction Area OM OF NIAGARA BALLS OFR7LtiAJ, T,.!,I`1 V CERP FROM SClEO LE A Fiir1 LOP P I 7SE PLAN NQ3E This e46odak fomJ Toot atAmoollmmt No._ to the QI60:11 Pl.n for Ne CityofNupra }WA and iitiaa be tad Si eonJuation44th.ttw.nirmwt Official Plan Amendment #51 Garner Road; near Regional Road 20 City of Niagara Falls Modification MAJOR COMMEP,MAL. ENNRONYlAENTAL en01ib -non PREA Ex7RAcriv INDOSTRI GOOD GEt•IERALY+GRIMIL URE MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA PARKWAY REScc' TIAL Appendix DPDY- 200, January 12, 2OOS ,P.agel9 5< w �r Manning aM Dowlopment Depedtoenl AM.2312003 A ii Attachment 2 PL040922 CITY OF NIAGARA FALLS By -law No. 2004 -157 A by -law to amend By -law No. 79 -200, to permit a residential plan of subdivision on the west side of Gamer Road, north of Lundy's Lane, and to identify land for future residential development. THE COUNCIL OF THE CORPORATION OF THE CITY OFNIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets A4 and A5 of Schedule "A" to By -law No. 79 -200 are amended by redesignating from TDI and numbered 23, in part, and HL, in part, to EPA and numbered 676, in part, to 12.1E and numbered 677, in part, to OS, in part, to HL, in part, and to DH, in part, the land on the west side of Gamer Road, north of Lundy's Lane, being part of Township Lots 135 and 138, and part of the road allowance between Township Lots 121 and 135, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated EPA and numbered 676, in part, R1E and numbered 677, in part, OS, in part, HL, in part, and DH, in part, on the plans Schedule 1 and Schedule 2, attached to and forming part of this by -law. 2: No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 676 on the plans Schedule 1 and Schedule 2 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 regrade any of the land, except for public services including walkways. 3. None of the provisions of sections 4.13, 4.14 and 7.5.2 of By -law No. 79 -200, shall apply to permit a person to erect or use any building or structure, save and except for a fence, on the land described in section 1 of this by -law and shown hatched and designated RI E and numbered 677 on the plans Schedule 1 and Schedule 2 attached hereto, except in compliance with the following regulation: (a) Minimum yard abutting the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 676 on the plans Schedule 1 and Schedule 2 attached to and forming part of this by -law 5 metres 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.676 No person shall use the land on the west side of Gamer Road, north of Lundy's Lane, designated EPA and numbered 676 on Sheet A4 of Schedule "A 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 regrade any of the land, except for public services including walkways, except in compliance with By -law No. 2004 -157. -2- 19.1.677 None of the provisions of sections 4.13, 4.14 and 7.5.2 of By -law No. 79 -200, shall apply to permit a person to erect or use any building or structure, save and except for a fence, on the land on the west side of Garner Road, north of Lundy's Lane, designated RI E and numbered 677 on Sheet A4 of Schedule "A except in compliance with By -law No. 2004 -157. Ontario Municipal Board Order Date SCHEDULE 1 TO BY -LAW No. 2004 -157 Subject Land Description: Part of Stamford Township Lots 135 and 138, and part of the Road Allowance between Stamford Township Lots 121 and 135 Applicant: 800460 Ontario Limited Assessment 272510000505300 •iLma NMSe rnappinpme0 Amending Zoning By -law No. 79 -200 t:Nt'S AM- 23/2003 AM- 17/2004 SCHEDULE 2 TO BY -LAW No. 2004 -157 Subject Land Description: Amending Zoning By -law No. 79 -200 Part of Stamford Township Lots 135 and 138, and part of the Road Allowance between Stamford Township Lots 121 and 135 Applicant: 800460 Ontario Limited Assessment 272510000505300 1:NTS AM- 23/2003 AM- 17/2004 aeeaeP.•.; Tai 111 a 0 f 5 MI :a i Attachment 4 PL040922 Conditions for Draft Plan Approval 1. Approval applies to the Fernwood Plan "C" Modified (Revised) Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated November 8, 2006, showing 75 lots for single- detached dwellings, Block 76 for parkland, Block 77 for stormwater management/recreational trail, Block 82 for a walkway and Block 83 for a woodlot. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other bodywish to have its conditions included in the Subdivision Agreement, theymay be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) roadway pavement widths to municipal requirements; b) dedication ofthe road allowances to the City as public highway and the streets named to the City's satisfaction; c) dedication of a 3.05 metre (10 foot) road widening to the City along the west side of Garner Road (Block 80); d) provision of water distribution, sanitary sewer and storm sewer systems including a major and minor storm sewer design concept; e) weeping tile flow to be directed to the storm sewer by use of sump pumps; f) provision of an overland stormwater flow route; and g) application of the City's Lot Grading and Drainage Policy. 5. The developer dedicate Block 77 to the City for stormwater management and recreational trail. 6. The developer undertake, at their expense, a comprehensive traffic impact study (including a traffic, transportation and safety component) for the full buildout of the concept plan development. The developer's consultant shall contact the Municipal Works Division Traffic Parking Services prior to commencing the study to determine the study area and scope. 7A. The developer construct a temporary emergency /construction access road beyond the limits of the subdivision plan to the satisfaction of the City and Region connecting Hendershot Boulevard to Lundy's Lane at the southwest limit of the developer's land. The alignment and construction ofthe required permanent emergency access will be determined and secured through future subdivision applications on the abutting land to the west. 7B. The developer construct a temporary turning area at the southwest limit of Hendershot Boulevard to the satisfaction of Municipal Works and Fire Services to be maintained until the development of the abutting land. 2 8. The developer construct 1.5 metre wide sidewalks on both sides of Hendershot Boulevard, the west side of Gamer Road (abutting Lots 1 49 and Block 77) and the north and easterly side of Tapestry Court abutting Lots 8 to 11 (inclusive). 9. The developer dedicate 0.3 metre (1 foot) reserves to the City at the southwest limit of Hendershot Boulevard (Block 78) and also along•the west limit of Gamer Road including daylighting triangles (Blocks 79 81) to preclude direct access to this roadway. 10. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 11. The developer grant the City and Public Utilities any easements required to service the subdivision. 12. The developer dedicate Blocks 76 82 to the City in satisfaction of parkland dedication requirements for all of the developer's landholdings in the subdivision plan and concept plan (total area 40.782 hectares/100.77 acres). 13. The developer locate the proposed stonnwater channel and micro pools within Block 77 as close as possible to the CN safety bean in accordance with the Department of Fisheries and Oceans authorization to enable the construction of a recreational trail within this area. 14A. The developer submit a landscape and fencing plan for the review and approval of the Director of Parks, Recreation Culture illustrating the streetscape treatment along Garner Road. 14B. The developer provide 6 foot high chain -link fencing along the east and west sides of Block 82. 15. The subdivision agreement include a clause indicating that no structures (including any buildings, dwellings, garages, swimming pools, sheds, playgrounds and like structures) are to be placed, erected or constructed within 5 metres of the dripline of the woodlot (Block 83). 16. The developer provide boulevard trees in accordance with City policy. 17. 18. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 19. The developer provide three calculated plans and a. letter prepared by an Ontario Land Surveyor to Planning Development confirming that all lots comply with the Zoning By- law. 20. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 3 21. The developer prepare detailed sedimentation and erosion control plans for the review and approval of the Niagara Peninsula Conservation Authority (NPCA). All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter the adjacent tributary. 22. The developer submit detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. The NPCA also requires that a detailed engineering report be prepared and submitted for review which provides adequate calculations to determine if the proposed Stormwater Management Block (Block 77) has been adequately sized. 23. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual, June 1994. 24. Block 77 be placed in an appropriate zone category to recognize the stormwater management facility and the relocated watercourse with associated buffer and landscaping. 25. The developer obtain the required permits from the NPCA for the proposed watercourse realignment (pursuant to the NPCA's Fill, Construction and Alteration to Waterways Regulation). 26. Upon completion of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawing. Copies of the certification shall be circulated to the NPCA. 27. The watercourse realignment be constructed in accordance with the design approved as part of Department of Fisheries and Oceans Letter of Authorization: No. BU -02 -3766 dated October 27, 2003. 28. A monitoring program be prepared by a qualified professional, in accordance with section 4.0 of the DFO Letter of Authorization No. BU -02 -3766, and submitted to the NPCA for review and approval. 29. The developer agree in the executed Subdivision Agreement to: a) Implement the conditions, requirements and recommendations contained in the Federal Department of Fisheries and Oceans Letter of Authorization No. BU -02- 3766, dated October 27, 2003, pertaining to the watercourse realignment and associated buffer areas, setbacks and landscaping/plantings. b) Implement the monitoring plan described in Condition #28. c) Revegetate all disturbed areas within Block 77 immediately upon completion of construction works. 4 The erosion control, grading, and servicing plan requirements in Conditions #21 and #22 be incorporated into the Subdivision Agreement. 30. The zoning by -law amendment require a minimum dwelling setback from the railway right of -way of 30 metres. 31. The developer engage a consultant to undertake an analysis of noise and vibration in order to recommend abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National Railway. Upon review and approval of the noise and vibration reports, all recommendations provided should be included in the Subdivision Agreement. 32. The developer agree in the Subdivision Agreement, in wording satisfactory to Canadian National Railway, to the following: a) Construct and maintain an earthen berm a minimum of 2.5 metres above grade at the property line, having side slopes not steeper than 2.5 to 1, adjoining and parallel to the railway right -of -way with returns at the ends. b) Construct and maintain an acoustic barrier along the top of the berm of a minimum combined height of 6.0 metres above top -of -rail. The acoustic fence to be constructed without openings and of a durable material weighing not less than 20 kg per square metre of surface area. The Railway may consider other measures, subject to the review of the noise report. c) Install and maintain a chain link fence of a minimum 1.83 metre height along the mutual property line. The Railway has experienced trespass problems with parks and open space located adjacent to the railway right -of -way and therefore, controlled access and increased safety/security measures must be provided. d) Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. 33. The following warning clause shall be included in the Subdivision Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the warning clause survives the release of the developer's obligations under the Subdivision Agreement and remain on title. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right -of -way within 300 metres from the land the subject hereof. There may be, alterations to or expansions of the rail facilities on such right -of -way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN will not be responsible for any complaints or claims arising from use of such facilities and /or operations on, over or under the aforesaid right -of- way." 5 34. The developer shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the safety berm, noise attenuation and security fencing and vibration isolation measures implemented are not to be tampered with or altered and further that the developer shall have sole responsibility for and shall maintain these measures to the satisfaction of CN. 35. The developer enter into an Agreement with CN, stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement. 36. The developer shall grant CN an environmental easement for operational noise and vibration emissions, registered on title against the subject land in favour of CN. 37. The zoning by -law amendment require a minimum dwelling and accessory structure setback of 13.7 metres from the right -of -way boundary of the proposed Highway 420 Extension. 38. The developer submit a 1:500 scale subdivision plan indicating the future Highway 420 property line to the Ministry of Transportation for review and approval. 39. The developer agree in the Subdivision Agreement to prepare a noise study, a vibration study and detailed design plans in support of the plan of subdivision. The noise study shall be a study of all relevant noise sources, including but not limited to truck and rail car unloading operations, prepared by a qualified noise consultant that makes specific recommendations for any required noise mitigation features to be incorporated into the design of the development, so that such development shall be in compliance with applicable Ministry of Environmenttuidelines and regulations and relevant sections of the City of Niagara Falls Noise Control By -law No. 2004 -105, or its successors. The vibration study shall be a study of vibration from transportation/conveyance sources, prepared by a qualified noise and vibration consultant that makes specific recommendations for mitigation features to be incorporated into the design of the development taking into account commonly used criteria in Ontario for assessing vibration in building(s). 40. The developer agree in the Subdivision Agreement that the noise study and vibration study shall be submitted by the developer to the Region of Niagara and the City of Niagara Falls and the Region shall provide a copy of each to Tate Lyle Canada Ltd (Redpath). The noise study and vibration study shall be peer reviewed by the Region at the expense of the developer. Redpath refers to the lands and premises known municipally as 5855 Garner Road, in the City of Niagara Falls, leased and operated by Tate Lyle Canada Ltd., its successors or assigns. 41. The developer agree in the Subdivision Agreement to the inclusion of a provision requiring the developer to undertake any required mitigation, attenuation or equivalent measures identified in the noise study and the vibration study, to the satisfaction of the Region and the City. 42. The developer agree in the Subdivision Agreement to the inclusion of a provision requiring the developer not to request the City to grant final subdivision approval until Redpath has been given at least 30 days to review the noise study and/or vibration study in order for Redpath to provide a response to the City. 6 43. The developer agrees in the Subdivision Agreement to the inclusion of: a) a provision that prior to the insurance of the first building permit in the subdivision, i) the noise study /vibration study recommended mitigation measures for the subdivision have been implemented and are providing the anticipated mitigation; ii) any off site mitigation recommended by the noise study /vibration study has been installed and is providing the anticipated mitigation; and iii) Such development complies with all relevant Ministry of Environment guidelines and regulations and relevant sections of the City of Niagara Falls Noise Control By -Law No. 2004 -105, or its successors "Confirmation The City shall provide such Confirmation to Redpath. b) A provision that, prior to the issuance of a building permit for any building in the subdivision for which the noise study /vibration study recommends architectural control measures, such measures shall be incorporated in the builder's plans for such building. 44. The developer shall agree in the Subdivision Agreement to the inclusion of a provision that it will not require the issuance of a Building Permit from the City during a 30 day period following the date of delivery of the Confirmation in order to. allow Redpath time to review the plans and the Confirmation provided to it by the developer and to provide written comments, if any, to the City and the developer. 45. The developer agree in the Subdivision Agreement to the inclusion of a provision requiring that any alternative mitigation requirements suggested by Redpath, will be considered by the developer pursuant to final plan of subdivision approval and/or Building Permit issuance. In the event there is disagreement on the mitigation required to protect Redpath, the matter shall be determined by the Ontario Municipal Board. 46. The following warning clause (Warning Clause) shall be included in the Subdivision Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the Warning Clause survives the release of the developer's obligations under the Subdivision Agreement and remain on title. "Warning: This site is in proximity to the Tate Lyle Canada Ltd. facility located at 5855 Garner Road, Niagara Falls (the Redpath Facility) which may operate twenty-four (24) hours a day, six (6) days a week, approximately fifty -two (52) weeks per year. While the Redpath Facility operates four to six (4 -6) days a week, operations at the Redpath Facility are not regular and the non operational day may occur on any-day of the week: Various processes, shipping and receiving, and rail operations may either operate continuously or at any time of day or night. Activities may include: loading, unloading and repair of large tractor trailers or bulk bin trucks; loading, unloading and movements of railway cars, construction, repair and maintenance; and operation of various sugar refining processes. There may be alterations and /or expansions to the Redpath Facility in the future. Notwithstanding the inclusion of certain mitigation features within this development to lessen potential noise and vibration impact from the Redpath Facility, from time to time noise from the Redpath Facility is likely to be audible and the vibration may be bothersome. Tate Lyle Canada Ltd. advises that it will not be responsible for any complaints or claims arising from any of the activities at or relating to the Redpath Facility or operations thereon." 47. The developer agree in the Subdivision Agreement to a provision requiring a large area plan to be prominently displayed in the sales pavilion(s) /office(s) for the subdivision, clearly identifying the Redpath facility and displaying the Warning Clause. 48. Notices Any notices to be given as part of the Subdivision Agreement conditions shall be delivered as follows: To Redpath: Tate Lyle Canada Ltd. 95 Queens Quay East Toronto, ON M5E 1A3 With a copy to: Stikeman Elliott LLP Barristers and Solicitors 199 Bay Street 5300 Commerce Court West Toronto, ON M5L 1B9 Attn: James W. Harbell Fax: 416- 947 -0866 -7- Attn: Logistics Manager /Operational Accounts Manager Fax: 416 366 -7550 Clearance of Conditions 8 Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Niagara Peninsula Conservation Authority for Conditions 21, 22, 23, 24, 25, 26, 27, 28 and 29 Canadian National Railway for Conditions 30, 31, 32, 33, 34, 35 and 36 Ministry of Transportation for Conditions 37 and 38 Regional Niagara Planning and Development Department for Conditions 6, 10, 23, 31, 39, 40 and41 Regional Niagara Public Works Department for Condition 7A S :4SUBDIVIS'PSUBD\Femwood \OMB CONDITIONS.wpd 2007 -06 -04 11:13 To: The Director of Planning and Development -City Hail P. 0. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Via fax: 905- 3562354 Sub: With regard to the proposed plan of subdivision Fernwood. Phase2 26T-11-2006-03 1, Fiorino Romano as owner of the land west of the concept upto Beachwood Road (approx 13.5 acres), would like to see the whole concept extended to Beachwood Road. I believe this will be more economical to the developers and enhance the concept. Please inform me of any future progress and plans. Thank you Yoistrul x¢141. Fiorino Romano 105 Stafford Road Willowdale On M2R 1V5 Tel:416- 2225794 06312 PRIVATE 905- 660 -9546 P 1/1 RECEIVED JUN 0 4 2007 PLANNING DEVELOPMENT June 11, 2007 PD- 2007 -42 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members BACKGROUND: Niag ara alls CANADA Re: PD- 2007 -42 AM- 40/2006, Zoning By -law Amendment Application 4025 Dorchester Road (Monroe Plaza) Applicant: Curtis Gail Development Agent: Michael Allen Response to Council's Inquiries Respecting the Approval of a Zoning By -law Amendment Application RECOMMENDATION: That Council approve the setbacks as per the amending by -law. That Council receive this report for information 2 That a restrictive t not be used to control permitted la and potential impacts for the reasons set o s report 3 That the original staff endation to provide a 10 metre (33 foot) distance on from the proposed drive- through to the abu idential erties be incorporated in the amending by -law for proper buffering purpos On April 30, 2007, Council approved, in principle, an application to permit an expansion to the Monroe Plaza, subject to the following conditions 1 that interested area residents be involved in the site plan approval process, 2 that staff investigate a restrictive covenant to limit the tenancy of the proposed restaurant/drive through to a specific user; and 3 that staff consider parking spots on the currently leased Hydro property to count toward parking requirements for the plaza For further details on the application and further recommendations, please refer to the attached staff report (PD 2007 -26) Working Together to Serve Our Community Community Services Department Planning Development June 11, 2007 Restrictive Covenant 2 PD- 2007 -42 The first condition can be readily addressed. Staff will invite the residents who took an interest in the project to provide comments on the final site plan through the site plan approval process. The remaining two conditions, however, would have to be resolved prior to passage of the zoning by -law as they impact on the use of the property and the parking available for the development. Staffs analysis of these two matters is as follows. In an attempt to ensure that an excessive generator of drive through traffic would not locate on the site, Council directed that a restrictive covenant be investigated to limit the establishment of a drive through to a specific commercial use, namely, "Williams Coffee Pub Staff has reviewed this proposal and does not recommend a restrictive covenant for the following reasons: A restrictive covenant would not be an effective way to control impacts of the drive through on surrounding properties. Although it is contended that a Williams Coffee Pub does not have as much drive through traffic as other restaurants (i.e., Tim Hortons) there is no guarantee that their drive through traffic would not increase substantially if the franchise becomes more popular. In fact, it would be natural for any business to try to maximize their resources, such as a drive through, for increased business. If the franchise fails, a restrictive covenant would prevent another use from locating in the vacant restaurant. The building would remain vacant, or Council would be approached to revise the restrictive covenant to permit another use. If the latter occurs, there is no public notification procedure set up to advise residents of the change. Staff is still concerned that adjacent residents could be impacted by noise and fumes due to the proximity of the drive through to abutting residential properties to the south. Staffs original recommendation, that the drive through be set back at least 10 metres (33 feet) from the adjacent residential properties, should be implemented. Parking on Leased Hydro Lands To address concerns of a resident located to the west of the proposed development, the applicant proposed to remove two parking spaces and replace them with landscaping. In order to replace what was thought to be required parking for the development, the applicant requested that the removed parking spaces be located on adjacent hydro lands that are being leased for surplus parking. Staff received a detailed site plan and list of uses in the existing and proposed development and have determined that even with the removal of those parking spaces, there is a surplus of parking for the development. As such, the Hydro lands are not required to satisfy parking requirements. Furthermore, implementation of this request would require permission from Hydro and a further Zoning By -law amendment. The applicant has indicated he does not intend to pursue this request. June 11, 2007 3 PD- 2007 -42 CONCLUSION: 1. The restrictive covenant is not recommended. Instead the original recommendation of a 10 metre (33 foot) setback for the drive through from residential properties should be implemented. 2. Locating required parking on leased Hydro lands is not necessary. No further action in this matter is needed. 3. The draft amending zoning by -law, on tonight's agenda, incorporates the separation distance outlined above. Recommended by: Approved by: Respectfully submitted: A.Bryce:gd Attach. S:1PDR120071PD- 2007 -42, AM -40 -200, 4025 Dorchester Rd, Curtis Gail Development.wpd Doug Darbyson, Director of Planning Development Ed Dujlovic, Executive Director of Community Services hn MacDonald, Chief Administrafbe..- Officer AprII 30, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2007-26 AM- 4012006, Zoning By-law Amendment Application 4025 Dorchester Road (Monroe Plaza) Applicant: Curtis Gail 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 endment a. Itcation to e metre (10,380 square. foot ex. an ec 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 and is zoned Neighbourhood Commercial 270 (NC -270) which permits the existing plaza. The southem 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 int.d to provide a transition from the plaza to the single detached residences to the sou'th;i `the property, thereby buffering these residences from the plaza. The applicant is nowseeking to extend the NC -270 zone over the southern half of the land to permit the proposed development. Surrounding Land Uses 4310 Queen Street. PO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 00S- 356 -7521 vowaniagarafalls.ca Lands to the south, west and northeast and the east, Niag ara,Falls C A N A D A are developed with single detached dwellings. To the used for a variety of smaller scale commercial uses. Working Together to Serve Our Community PD- 2007 -26 The recommendation(s) contained in this report were adopted as amended by City Council 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 Toss 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. 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. Fire Services 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 Services 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 concems 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 intensifiication 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, intemal 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 comer 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 5 CONCLUSION: 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 eveiopment ffi dz acDonald, Chief Administrative cer Be:m S :1PDR120071PD- 2007.25, AM-40 -2006, 4025 Dorchester Road (Monroe Plaza) Proposed Expansion of Plaza, PD- 2007 -26 Subject Land Location: Applicant: SCHEDULE 1 LOCATION MAP is /weir 11 44, a Ed insiit 1111 IN 41 m3Roto TIIONOw 0 STOVE RO tt NEB. Wm mi MAY4P0110 ST 4 4 i YORKOR �no t41111111111111 o r r ‘11 inimmiummi row siammi tip f STONE RO Amending Zoning By -law No. 79 -200 4025 Dorchester Rd Curtis Gail Development Corporation w42 Scab,: lxfS AM- 40/2006 3130(2007.1:44:31 PM SCHEDULE 2 THOROLD STONE ROAD Dean Iorfida Re: AM- 40/2006, Draft Amending By -law, Monroe Plaza Expansion From: Dean Iorfida To: Andrew Bryce; Michael D. Allen Date: 6/5/2007 3:01 PM Subject: Re: AM- 40/2006, Draft Amending By -law, Monroe Plaza Expansion CC: Anna Morocco; Jim Somerville; mark marino Hi Michael: No problem with the request to speak to Council. What particularly is your concern regarding the minutes? It should be noted that Council did approve these minutes at their subsequent meeting. Most importantly, the actual motion is accurate. You can refer to the following video link from the meeting: http://www.niagarafalls.ca/city hall /council /index.asp Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905- 356 -9083 (Fax) "Michael D. Allen" <mallen @ac- architects.com> 6/5/2007 2:21 PM Dear Andrew, (without prejudice) Thank you for submitting the Draft Amending By -Law for our review; Further to your request, Mr. Marino will deliver a cheque to your department in the amount of $175.00 for June 5th, 2007. Upon reviewing the enclosed I do concur with the Amending By -Law except for clause 2(a)(ii): I am requesting your consideration for the by -law to reflect the decision of Council the evening of April 30th, 2007. Further to that I have reviewed the minutes of the Council -April 30th, 2007, as such I feel do not accurately reflect the discussion /decision of council regarding the set -back in question. As moving this forward to be on the agenda for Council the evening of June 11th, 2007, I respectfully request the opportunity to address the issue(s) as enclosed to council the same evening. If you have any comments or questions regarding the enclosed please do not hesitate to contact me. Respectfully Michael D. Allen Architect. Original Message From: "Andrew Bryce" <abryce @niagarafalls.ca> Page 1 of 2 file: /C:\Documents and Settings \di2021Local Settings\ Temp\XPgrpwise \46657ADBDomai... 6/5/2007 To: "Michael D. Allen" <mallen @ac- architects.com> Cc: "Ken Mech" <kmech @niagarafalls.ca> Sent: Monday, June 04, 2007 4:22 PM Subject: AM- 40/2006, Draft Amending By -law, Monroe Plaza Expansion Dear Mr. Allen: Attached for your review is a copy of the draft amending by -law (as provided to you earlier today) to allow expansion of the Monroe Plaza, including a drive through restaurant. Please note subclause 2(a)(II) of this by -law, which would require a drive through and all its components to be set back 10 metres from the rear (south) lot line. Please provide your written comments on the by -law along with the by -law preparation fee of $175.00 by 11:00 AM on Tuesday, June 5, 2007 to assist us in placing the by -law on Council *s agenda for passing on 11 2007. Sincerely, Andrew Bryce Page 2 of 2 file: /C:\Documents and Settings \di2021Local Settings\ Temp\XPgrpwise \46657ADBDomai... 6/5/2007 Dean Iorfida monroe plaza Best Regards Michael Allen Page 1 of 1 From: "Michael D. Allen" <mallen @ac architects.com> To: <diorfida @niagarafalls.ca> Date: 6/5/2007 2:26 PM Subject: monroe plaza CC: "Jim Somerville" <jsomerville @ac- architects.com "mark marino" <mark @adlcan.com <amorocco @niagarafalls.ca> Hi Dean, Following up on the email sent to Andrew regarding Monroe Plaza, can you arrange to have me on the agenda so as to provide me the opportunity to address the issues. Thank you in advance for your assistance...Do not hesitate to call me if you have any questions (905- 380 -1288 cell) file: /C:\Documents and Settings \di2021Local Settings\ Temp \XPgrpwise \46657280Domainl... 6/5/2007 June 11, 2007 PD- 2007 -35 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraJalls CANADA Re: PD- 2007 -35 Application for a Commercial Building and Facade Improvement Grant CB &FIG 01/2007; and a Revitalization Grant RG- 0112007 within the Historic Drummondville CIP for Patterson Funeral Home 1. That City Council approve the application for a Commercial Building and Facade Improvement Grant in the amount of $25,000.00 subject to meeting the program requirements including the entering into an agreement with the City. 2. That City Council approve the application for a Revitalization Grant subject to meeting the program requirements including the entering into an agreement with the City. 3. That the Mayor and Clerk be authorized to execute the grant agreements as attached to this report as Appendices III and IV. The City has received its first applications under the Historic Drummondville Community Improvement Plan for the expansion of Patterson Funeral Home. The CIP was officially approved on March 23, 2007. Staff prepared the program guides and applications forms in April 2007 and the budget for implementing the financial incentive programs for the CIP was approved by Council on May 16, 2007. The owners of Patterson Funeral Home wish to carry out :a significant expansion of their current operation. A location map and site plan are attached as Appendices I and II. The funeral home is a Listed Property in the City's Historical Properties Inventory and any proposed expansion should have regard to preserving the existing building and satisfying the historic theme for the area. The existing funeral home was constructed in 1830 and represents one of the oldest and best preserved buildings in the area. The architectural style is considered to be neoclassical. In accordance to the drawings that were submitted, Za y the existing building will be r, r_ #ed with a major addition that will extend along the south side of the building. 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 Community Services Department Planning Development June 11, 2007 2 PD- 2007 -35 The applications and proposed work are highlighted as follows: 1. Commercial Building and Facade Improvement Grant CB &FIG 01/2007 The purpose of the Commercial Building and Facade Improvement Grant is to promote the improvement of the front facades and the physical improvement of the interior and exterior of commercial buildings. This program entitles an applicant within the CIP area, who satisfies the program requirements, a maximum of a $25,000 grant. Patterson Funeral Home is proposing an 8,485 square foot addition to the existing 7,000 square foot structure. The cost of the expansion is approximately $1.5 million and includes a new chapel, reception area, office and storage space. The elevation drawings show new fibre cement siding in a heritage colour with cultured stone veneer to blend in with the existing structure. There will be a replacement of windows, doors and shutters. There will be additional lighting, upgrading of existing fixtures on the facade and extensive landscaping around the grounds. Provided Council approves the grant, the applicant will be required to enter into an agreement with the City. The agreement will specify the terms, duration and default provisions of the grant. This agreement is attached as Appendix III. 2. Revitalization Grant RG- 0112007 The applicant has also applied for a revitalization grant. This grant provides an economic benefit for the owner by providing a financial incentive that reduces the large tax increase that can result when a property is redeveloped. In this program, the owner is expected to pay for the entire cost of the redevelopment. As the City receives the increased property taxes that result from the project, the City will reimburse the owner in the form of an annual grant. The grant is payable for up to 10 years on a declining scale. This grant would likely begin a year or two following the completion of the proposed work and the reassessment of the property carried out by MPAC. An agreement for the. Revitalization Grant is attached as Appendix Iv. Development Charges Exemption In addition to the above noted financial incentive programs, the applicant will also be eligible to 75% exemption from City and Regional Development Charges. These charges are generally collected at the building permit stage and the balance of the required 25% will be applied at the time of building permit application. CONCLUSION: The applications represent the first applications received under the financial incentive programs for the Historic Drummondville CIP area. The expansion and improvements to the funeral home will be a significant undertaking and will have a positive impact on the June 11,2007 Historic Drummondville area. The proposed development will also encourage additional private investment in the area. Recommended by: Approved by: Respectfully submitted: B.Bolibruck:tc Attachments Aftx oug Darbyson, Director of Planning Development C (bLq, Ed Dujlovic, Exee Djre 3 PD- 2007 -35 n MacDonald, Chief Administra iv Officer S:1PDR120071PD- 2007 -35, CIP Applications from Patterson Funeral Home.wpd of ommunity Services Location Map Patterson Funeral Home APPENDIX I Niagara,��It 6052, 6062, 6068, 6076 Main Street in Historic Drummondville Cdg36d NINE 111111 Historic Drummondville CIP Subject Parcels Roads 0 100 m I I N Scale 1:6,500 Universal Transverse Mercator Zone 17 (N) Printed at: 5/28/2007 K:\GIS_Requests\ 2007\ Custom\ Internal\ Plannincaocation_Patterson.map APPENDIX III Historic Drummondville Commercial Building and Facade Improvement Grant Agreement BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "City d FRANCIS PATTERSON INC. (hereinafter referred to as the "Applicant WHEREAS the Applicant is the registered Owner of, or operates a business on, lands described in Schedule "A" attached to this Agreement "the subject lands which are situated within the Historic Drummondville Community Improvement Project Area, and the Applicant has applied to the City for a Commercial Building and Facade Improvement Grant "Grant under the City's Commercial Building and Facade Improvement Grant Program "Program and the City has agreed to make such a Grant pursuant to Section 28 of the Planning Act and under By -Law No. 2006 -227; AND WHEREAS as a condition of approval of such a Grant, the Applicant is required by the City to enter into this Agreement; NOW THEREFORE IN CONSIDERATION of the City making this Grant in the maximum amount of $25,000.00 to the Applicant, the Applicant and the City hereby agree: 1. INFORMATION ON SUBJECT LANDS 1.1 The Grant shall apply to the subject lands as set out in Schedule A attached. 1.2 The subject lands are not designated under the Ontario Heritage Act. 2. GRANT ELIGIBILITY 2.1 To be eligible for the Grant, the works on the subject land shall conform to and fulfill: a) the objectives and Program requirements ofthe Commercial Building and Facade Improvement Grant Program and the Historic Drummondville Community Improvement Plan "CIP b) City policies and procedures for the Identification Remediation of Potentially Contaminated Sites under the Planning Act Application Review Process; and, c) any other requirements as specified by the City. 2.2 The Applicant acknowledges that it has received and read a copy of the City's Commercial Building and Facade Improvement Grant Program Guide (the "Guide and the City's Historic Drummondville CIP, and the Applicant covenants with the City that 1 the subject lands shall be restored/improved and the Grant provided for in this Agreement shall be applied in accordance with the City's objectives, policies and program requirements set out in the Guide and the City's Historic Drummondville CIP. 2.3 The City shall review all cost estimates submitted in support of the Application in evaluating the estimated rehabilitation costs eligible for the Grant, which costs, when designated by the City shall constitute the maximum amount of the total grant to be paid. In the event the City is not satisfied with said cost estimates, the City may substitute their opinion of such amounts for purposes of calculating the eligible rehabilitation costs for the Grant. If the City is not in receipt of sufficient information satisfactory to the City to determine rehabilitation costs and the amount of the Grant, the application will not be processed and the application file will be closed. The decision of the City regarding the total amount of rehabilitation costs, the calculation of the total estimated maximum Grant and the calculation of the actual Grant payments is final, absolute and within the City's sole discretion. 2.4 The City agrees to provide a Grant to the Applicant estimated as of the date of this agreement in the amount of $25,000.00. 2.5 The Grant will not be advanced by the City until: a) a Grant agreement has been signed and executed; b) the Applicant provides proof that the building maintenance and facade improvement works are complete, including a final colour photograph(s) of the property and building clearly showing the completed works; and, c) the building facade and/or building improvements have been inspected by municipal staff. 3. CORPORATE STATUS 3.1 The Applicant represents to the City that: a) the Applicant has been duly incorporated as a corporation and is in good standing under the Business Corporations Act and is in compliance with all law s that may affect it and will remain so throughout the term of this Agreement; b) the Applicant has the corporate capacity to enter into this Agreement and to perform and meet any and all duties, liabilities and obligations as may be required of it under this Agreement; c) to the best of their knowledge, there are no actions, suits or proceedings pending or threatened against or adversely affecting the Applicant in any court or before or by any federal, provincial, municipal or other governmental department, commission, board, bureau or agency, Canadian or foreign, which might materially affect the financial condition of the Applicant or title to their property or assets; d) the Applicant shall notify the City immediately of any material change in the conditions set out in paragraphs (a) -(c) above. 2 4. PROVISIONS RELATING TO THE APPLICANT 4.1 At the time of application for the Program, the Applicant shall have submitted to the City for its review and acceptance a colour photograph of the existing facade, architectural drawing /design plans for the facade restoration/improvement and any other supporting documentation required by the City. 4.2 The Applicant will complete all eligible works as specified in the approved Grant application, and in documentation submitted in support of the Grant application, including but not limited to the architectural /design drawings, specifications, contracts, and cost estimates. As the City is relying upon this information, if the information in this Agreement, the associated application, and /or any supporting documentation submitted to the City is, in the opinion of the City, incomplete, false, inaccurate or misleading, the Grant may be reduced and/or delayed, and/or cancelled, and where part or all of the Grant has already been paid by the City, such payments shall be repaid by the Applicant as required by the City. 4.3 The Applicant shall not commence any works that are the subject of a Grant Application prior to receiving approval of the Grant Application, and approval and execution of this Agreement. 4.4 The Applicant agrees that the rehabilitation works made to buildings shall be made in compliance with all required Building Permits, and constructed in accordance with the Ontario Building Code and all applicable zoning by -aw requirements, municipal requirements and other approvals required at law. 4.5 The Applicant shall complete construction of all improvements within one (1) year of Grant approval, failing which, unless extended by the City, this Grant approval shall be at an end, there shall be no Grant, and this Agreement shall be terminated. The deadline imposed by this paragraph shall not include delays that are outside the control of the Applicant. 4.6 Upon completion of the project, the Applicant shall provide the City with documentation satisfactory to the City as to the amount of the actual costs of restoration/improvement incurred by the Applicant. 4.7 The Applicant shall ensure there are no liens or other claims outstanding in respect of the subject lands, and that all accounts for work and materials which could give rise to any claim for a construction lien against the subject lands have been paid. 4.8 The Applicant shall ensure that the Applicant is in compliance with the Construction Lien Act, including its holdback provisions and is not aware of any potential or unresolved Lien claim in respect of the redevelopment. 4.9 The Applicant agrees to comply with all outstanding work orders and /or orders or requests to comply from any and all. City departments prior to or as a condition of Grant approval. 3 4.10 If the Applicant is the Owner, the Applicant covenants to the City that where the subject lands for any reason cease to be in the Applicant's name by sale, assignment or otherwise, prior to the advance of part or all of the Grant, the Applicant will notify the City in writing of said pending ownership change at least 30 days prior to the ownership change taking place. 4.11 The Applicant acknowledges that without limiting the generality of the other provisions of this Agreement: a) the onus and responsibility is upon the Applicant at all times to assume all costs of facade restoration and improvement and building maintenance and improvement and to apply for and obtain, at the Applicant's expense, all approvals required from the City and all other agencies for said works, including but not limited to all Official Plan Amendments, rezoning bylaws, minor variances, and site plan approval; b) nothing in this Agreement limits or fetters the City in exercising its statutory jurisdiction under the Planning Act or under any other legislative authority or by -law and that in the event the City decides to deny or oppose or appeal any such decision, that such action by the City is not in any manner limited by reason of the City entering into this Agreement; c) the Applicant releases the City from any liability in respect of the City's reviews, decisions, inspections or absence of inspections regarding the facade restoration/improvement works and the Applicant agrees that it is its responsibility at all times to prepare and implement its works; d) nothing in this Agreement is intended to impose or shall impose upon the City any duty or obligation to inspect or examine the land for compliance or non compliance or to provide an opinion or view respecting any condition of development; and, e) nothing in this Agreement is intended to be or shall be construed to be a representation by the City regarding compliance of the land with: (1) applicable environmental laws, regulations, policies, standards, permits or approvals, or, (2) other by -laws and policies of the City. 4.12 If the City determines in its sole discretion that any of the conditions of this Agreement are not fulfilled, the City may at its sole discretion cease or delay payment of the Grant, and the Applicant agrees that notwithstanding any costs or expenses incurred by the Applicant, the Applicant shall not have any claim for compensation or reimbursement of these costs and expenses against the City, and that the City is not liable to the Applicant for losses, damages, interest, or claims which the Applicant may bear as a result of the lapse of time (if any) where the City is exercising its rights herein to either delay a Grant payment pending compliance with this Agreement, or to terminate this Agreement. 4.13 The Applicant shall indemnify and save harmless from time to time and at all times, the City and its officers, employees, councillors, and agents from and against all claims, actions, causes of action, interest, demands, costs, charges, damages, expenses and loss made by any person arising directly or indirectly from: 4 (a) the City entering into this Agreement; and (b) any failure by the Applicant to fulfil its obligations under this Agreement. This indemnification shall, in respect of any matter arising prior to the termination of this Agreement, remain in force following termination or expiry of this Agreement. 5. PROVISIONS RELATING TO THE CITY 5.1 The City agrees to provide a Grant to the Applicant estimated as of the date of this agreement in the amount of $25,000.00, subject to and in accordance with the terms and provisions set out in this Agreement. 5.2 The City reserves the right to require a third party review or independent audit, at the Applicant's expense, of all documentation submitted in support of the Application or during the administration of the Grant. 5.3 The City, its employees and agents are entitled to inspect the subject lands and all fixtures and improvements upon the subject lands at any time during usual business hours for the purpose of ascertaining their condition or state of repair or for the purpose of verifying compliance with the provisions of this Agreement. 5.4 The City retains the right at all times not to make any or all of Grant payments or to delay payment where the City deems that there is non compliance by the Applicant with this Agreement. 5.5 Except where expressly stated in this Agreement, all conditions in this Agreement are for the benefit of the City and may only be waived by the City. No waiver is effective unless in writing. 6. DEFAULT AND REMEDIES 6.1 The Applicant agrees to maintain in good repair the improvements for which the Grant is provided. In the event that the Applicant does not maintain in good repair said improvements, the City may: a) serve on the Applicant a written Notice to Repair detailing the particulars of the failure to maintain and the particulars of needed repairs; and, b) provide the Applicant with at least 30 days to make such repairs. 6.2 On the occurrence of Default under this Agreement, the City shall be entitled to its remedies to enforce this Agreement, including, but not limited to: a) delaying or ceasing the release of the Grant; b) requiring repayment of the Grant; and/or c) terminating this Agreement. 5 6.3 Default shall be deemed to occur upon any default of the Applicant in complying with the terms set out in this Agreement, including, but not limited to, the following: a) the as constructed works do not comply with the description of the works as provided in the Application Form and Required Documents; b) the works are not undertaken in conformity with the Ontario Building Code and all applicable zoning requirements and planning approvals; c) the building is damaged by fire or otherwise, and repair or reconstruction is not commenced with 90 days; d) the Applicant is in property tax arrears with respect to the property for more than 90 days; e) any representation or warranty made by the Applicant is incorrect in any material respect; f) failure to perform or comply with any of the obligations contained in this Agreement or contained in any other Agreement entered into between the Applicant and the City; g) the Applicant makes an assignment for the benefit of creditors, or assigns in bankruptcy or takes the advantage in respect of their own affairs of any statute for relief in bankruptcy, moratorium, settlement with creditors, or similar relief of bankrupt or insolvent debtors, or if a receiving order is made against the Applicant, or if the Applicant is adjudged bankrupt or insolvent, or if a liquidator or receiver is appointed by reason of any actual or alleged insolvency, or any default of the Applicant under any mortgage or other obligation, or if the subject lands or interest of the Applicant in the subject lands becomes liable to be taken or sold by any creditors or under any writ of execution or other like process; h) construction ceases for a period of 60 days due to the Applicant's default (strikes and Acts of God excepted) and /or the Applicant abandons the property or project; i) if this Agreement is forfeited or is terminated by any other provision contained in it. 6.4 The City may at its sole discretion, provide the Owner with an opportunity to remedy any default. 7. ADDITIONAL PROVISIONS 7.1 The approved architectural /design drawings referred to may be amended by the Applicant and the City from time to time, as they may agree. 7.2 Time shall be of the essence with respect to all covenants, Agreements and matters contained in this Agreement. 7.3 Schedule "A" attached to this Agreement forms part of this Agreement. 8. NOTICES 8.1 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e-mail, by fax or by prepaid 6 registered first class post, by party wishing to give such notice, to the other party at the address noted below: Such notice shall be deemed to have been given: a) in the case of personal delivery, on the date of delivery; b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and, c) in the case of registered post, on the third day, which is not a holiday, following posting. Notice shall be given: To the Owner at: Telephone No: 905- 358 -3513 Fax No: 905- 358 -6863 E- mail: ruthann @pattersonfuneralhome.com To the City at: City of Niagara Falls Planning Development City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Community Improvement Program Coordinator Telephone No: 905- 356 -7521, ext. 4298 Fax No: 905- 356 -2354 E -mail: bbolibruck@niagarafalls.ca 7 IN WITNESS WHEREOF the parties hereto have hereunto affixed his hand and corporate seal duly witnessed and 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. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE In the presence of CITY OF NIAGARA FALLS R.T. (TED) SALCI, MAYOR DEAN IORFIDA, CITY CLERK PATTERSON FUNERAL HOME Name: FRANCIS PATTERSON Title: OWNER Name: RUTH ANN NIEUWESTEEG Title: BUSINESS MANAGER 8 SCHEDULE "A" of a Grant Agreement between the City and the Applicant named in this Agreement. Legal Description of land Plan 653, Pt. Lot 1, Pt. Lots 14, 15 Plan 219, Pt. Lot 1, NP 26 Plan 653, Lot 14 P1an653, Pt. Lot J, NP 26702 9 Historic Drummondville Revitalization Grant Agreement APPENDIX IV BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "City") and FRANCIS PATTERSON INC. (hereinafter referred to as the "Owner WHEREAS the Owner is the registered Owner of the lands described in Schedule "A" attached to this Agreement "the subject lands which are situated within the Historic Drummondville Community Improvement Project Area and has applied to the City for a Revitalization Grant "Grant under the City's Revitalization Grant Program "Program and the City has agreed to make such a Grant pursuant to Section 28 of the Planning Act and under By -Law No. 2006 -227; AND WHEREAS as a condition of approval of such a Grant, the Owner is required by the City to enter into this Agreement; NOW THEREFORE IN CONSIDERATION of the City making this Grant in the maximum amount of $104,743.80 to the Owner, the Owner and the City hereby agree as follows: 1. INFORMATION ON SUBJECT LANDS 1.1 The Grant shall apply to the subject lands as set out in Schedule A attached. 1.2 The subject lands are not designated under the Ontario Heritage Act. 2. GRANT ELIGIBILITY 2.1 To be eligible for the Grant, the subject lands with proposed rehabilitation works, improvements, construction, developments or redevelopments (hereinafter referred to as "rehabilitation shall have such rehabilitation conform to and fulfill: a) the objectives and Program requirements of the Revitalization Grant Program and the Historic Drummondville Niagara Falls Community Improvement Plan "CIP b) City policies and procedures for the Identification Remediation of Potentially Contaminated Sites under the Planning Act Application Review Process; and, c) any other requirements as specified by the City. 2.2 The Owner acknowledges that it has received and read a copy of the City's Revitalization Grant Program Guide (the "Guide and the City's CIP, and the Owner covenants with 1 the City that the subject lands shall be rehabilitated and the Grant provided for in this Agreement shall be applied in accordance with the City's objectives, policies and program requirements set out in the Guide and the CIP. 3. GRANT CALCULATION 3.1 Definitions: "Pre- project assessed value" the assessed value of the subject lands as determined by the Municipal Property Assessment Corporation "MPAC the day before rehabilitation works commence. "Post- project assessed value" the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. "City pre project property taxes" City of Niagara Falls property taxes the day before rehabilitation works commence. "Regional pre project property taxes" Regional Municipality of Niagara property taxes the day before rehabilitation works commence. "Municipal pre project property taxes" the total of Regional and City of Niagara Falls property taxes the day before rehabilitation works commence. "City post project property taxes" City of Niagara Falls property taxes based on the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. "Regional post project property taxes" Regional Municipality ofNiagara property taxes based on the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. "Municipal post project property taxes" the total of Regional and City of Niagara Falls property taxes based on the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. 3.2 The annual Grant will be equivalent to 80% of the increase in municipal property taxes in years 1 to 5 after the rehabilitation is complete, 60% in years 6 and 7, 40% in year 8, and 20% in years 9 and 10. Grant payments will cease on the earlier of: a) the date when the total of all annual Grant payments equals the total costs of rehabilitation of the subject lands; or, b) 10 years after the date of completion of the rehabilitation of the subject lands. Year (N) (1) Grant Factor (2) Municipal Tax Increment (3) Municipal post- project property taxes in Year N Municipal pre- project property taxes Grant (2 *3) 1 80% 17,457.30 13,965.84 2 80% 17,457.30 13,965.84 3 80% 17,457.30 13,965.84 4 80% 17,457.30 13,965.84 5 80% 17,457.30 13.965.84 6 60% 17,457.30 10,474.38 7 60% 17,457.30 10,474.38 8 40% 17,457.30 6.982.92 9 20% 17,457.30 3.491.46 10 20% 17,457.30 3,491.46 3.3 The amount of the grant payments is calculated according to the formulas set out below. Some of the figures set out below are estimates only. The actual grant payment amounts will be based on the actual post project assessed value (AV) as determined by the MPAC: Estimated Cost of Rehabilitation Pre- project AV: GRANT CALCULATION SCHEDULE $1,500,000.00 Municipal Pre project property taxes: 12,454.30 (as shown below) 636,000.00 Date: January 1,2005 CVA City pre project property taxes (Pre- project AV City Tax Rate) Clawback/ -Cap other charges Regional pre project property taxes (Pre- project AV Regional Tax Rate) Clawback/ -Cap other charges Municipal pre project property taxes City pre project property taxes Regional pre project property taxes Post project AV (estimated) $1,436,000.00 Date: June 5, 2007 Post project AV(actual provided by MPAC) Date: Calculation of Estimated Initial Grant "Initial Grant" (Estimated Municipal post project property taxes Municipal pre project property taxes) *0.80 Actual "Initial Grant" after property has been revalued by MPAC, a new or supplemental property tax bill has been issued, and property taxes have been paid in full (Actual Municipal post project property taxes Municipal pre project property taxes) *0.80 3 3.4 The total value of the sum of the annual Grant payments that may be provided under the Revitalization Grant Program shall not exceed the total costs of rehabilitation that have been accepted by the City, which costs are estimated, as of the date of this agreement, at $1,500,000.00 3.5 Where the actual costs of rehabilitation are, in the opinion of the City, less than the estimated costs of rehabilitation ($1,500,000.00) the maximum permitted amount of the total annual grant payments shall be reduced. 3.6 Where at any time after the original rehabilitation of the subject lands, new construction is added to the subject lands that is not part of the original Program Application, the Grant payment will be calculated only in respect of the original rehabilitation contained in the original application, based on the property taxes levied in the last year before revaluation by MPAC as a result of the new construction added to the subject lands. 3.7 The annual Grant payment shall be calculated by the City based upon, and provided the City is satisfied in its discretion that: a) rehabilitation of the property was completed and took place in accordance with the proposed rehabilitation as specified in the Program Application and this Agreement; b) there was and remains during each year of the Grant payment, an increase in net municipal property taxes as a result of an increase in the assessed value attributable to the completion of the rehabilitation; c) annual Grant payments after the first Grant payment are adjusted downwards in the event the tax increase in any subsequent year has been reduced. 3.8 The estimated Grant payments calculated as set out in Paragraph 3.3 above in this Agreement are based on preliminary estimates of post project assessed value and post project tax rates. Accordingly, the amount of the Grant payment shall be recalculated by the municipality based on actual assessed value as determined by MPAC and actual post project tax rates prior to payment of the Grant. 4. GRANT PAYMENT 4.1 The City shall review all cost estimates submitted in support of the Application in evaluating the estimated rehabilitation costs eligible for the Grant, which costs, when designated by the City shall constitute the maximum amount of the total grant payments to be paid out over a maximum of 10 years. In the event the City is not satisfied with said cost estimates, the City may substitute their opinion of such amounts for purposes of calculating the eligible rehabilitation costs for the Grant. If the City is not in receipt of sufficient information satisfactory to the City to determine rehabilitation costs and the amount of the Grant, the application will not be processed and the application file will be closed. The decision of the City regarding the total amount of rehabilitation costs, the calculation of the total estimated maximum Grant and the calculation of the actual Grant payments is final, absolute and within the City's sole discretion. 4 4.2 The Grant is not payable by the City until such time as additional assessment eligible for a Grant has been added to the assessment roll by the MPAC, all taxes eligible for a grant have been billed by the City, and taxes have been paid in full for at least one year by the Owner. The Grant will not be issued if there is an outstanding tax payment. If at any time after the execution of this Agreement, property taxes are owing on a property for more than one full year, the City will have the option, upon notice to the Applicant, and at its sole discretion, to terminate all future grant payments. 4.3 The Grant is not payable by the City until such time as all assessment appeals relating to the value of the subject lands before the additional assessment or as to the additional assessment have been filed and finally determined. 4.4 The Owner shall not commence any works that are the subject of a Grant Application prior to receiving approval of the Grant Application and execution and registration on title of this Agreement. 4.5 In the event that construction and completion of the rehabilitation in the original Program Application is not commenced within five (5) years and completed within seven (7) years of the signing of this agreement, this Grant approval shall be at an end, no Grant payments shall be paid to the Owner, and this Agreement shall be terminated. The City's decision as to when such rehabilitation is commenced and completed is final and absolute. 4.6 Annual grant payments are not payable by the City until each of the following conditions are fulfilled in a manner satisfactory to the City: a) this Grant Agreement has been signed, executed and registered in title; b) the Owner has satisfied the City that the rehabilitation of the subject property has been fully completed; c) the Owner has supplied the City with evidence satisfactory to the City as to the amount of the rehabilitation costs incurred by the Owner; d) the Owner has satisfied the City that the total rehabilitation costs incurred have been paid in full and that there are no liens, claims or litigation in respect of the Owner's obligation to pay these costs; e) the Owner has satisfied the City that there are no outstanding work orders and /or orders or requests to comply from any City or Regional department or other regulatory authority in respect of the redevelopment, the property and the business of the Owner conducted on the subject lands; fj the Owner has satisfied the City that as of the date of the proposed first Grant payment, the Owner, its rehabilitation project and property are in full compliance with: i) any agreement(s) relating to the property in favour of the City or Region, including any Agreement relating to: subdivision, modified subdivision, service, site plan approval, encroachment, joint sewer water use, easement or other Agreement; and, ii) by -laws of the City, Region, provincial or federal legislation and their regulations. 5 g) the Owner has satisfied the City that the post project assessed value of the subject property has increased as a result of the said rehabilitation; h) the Owner or the City has not appealed the post- project assessed value and there exists no other pending appeal which has not been settled completely in respect of the post project assessed value; i) the Owner has satisfied the City that the property taxes for the year during which property taxes were calculated pursuant the said increased assessment and for each of the preceding years, have been paid in full, have not been deferred and there are, at the time of payment of the annual Grant, no instalments of property taxes for the current year remaining to be invoiced and paid; j) the Owner has satisfied the City that the Owner, as of the date of the proposed Grant payment, has paid in full and not deferred all other charges (where applicable) against the property in favour of the City or the Region, including but not limited to: Development Charges, park land dedication fees, special assessments, building permit fees and local improvement charges. 5. CORPORATE STATUS 5.1 The Owner warrants and represents to the City that: a) the Owner has been duly incorporated as a corporation and is in good standing under the Business Corporations Act and is in compliance with all laws that may affect it and will remain so throughout the term of this Agreement; b) the Owner has the corporate capacity to enter into this Agreement and to perform and meet any and all duties, liabilities and obligations as may be required of it under this Agreement; c) the Owner is a resident of Canada as of the date of this Agreement and that in the event the Owner ceases to be a resident of Canada, the Owner shall immediately notify the City, and it is agreed, the City may deduct for any or all annual Grant payments, such sum(s) as may be required by the Canada Customs and Revenue Agency in order to meet the City's obligations as a payor and the Owner's obligations under the Income Tax Act (Canada) and other applicable laws; d) to the best of its knowledge and belief, there are no actions, suits or proceedings pending or threatened against or adversely affecting the Owner in any court or before or by any federal, provincial, municipal or other governmental department, commission, board, bureau or agency, Canadian or foreign, which might materially affect the financial condition of the Owner or title to the subject lands or assets; e) the Owner shall notify the City immediately of any material change in the conditions set out in paragraphs (a) -(d) above. 6. PROVISIONS RELATING TO THE OWNER 6.1 At the time of application for the Program, the Owner will provide the City with a certified true copy of a resolution of the Board of Directors of the Owner (certified by an officer of the corporation) that authorizes the application to the City for the Program. 6 6.2 At the time of application for the Program, the Owner shall have submitted to the City for its review and acceptance, the Owner's plans for the rehabilitation and supporting documentation, including the Owner's proposed residential and non residential uses for the redevelopment. 6.3 The Owner will complete all eligible works as specified in the approved Grant application, and in documentation submitted in support of the Grant application, including but not limited to the architectural /design drawings, specifications, contracts and cost estimates. As the City is relying upon this information, if the information in this Agreement, the associated application, and/or any supporting documentation submitted to the City is, in the opinion of the City, incomplete, false, inaccurate or misleading, the Grant maybe reduced and/or delayed, and /or cancelled, and where part or all of the Grant has already been paid by the City, such payments shall be repaid by the Owner as required by the City. 6.4 Upon request, the Owner shall supply to the satisfaction of the City prior to issuance of any and all grant payments, environmental reports and documentation showing that the subject lands have been remediated to the appropriate levels for the proposed use. This includes, where required by the City, proof of acknowledgement of a signed Record of Site Condition (RSC) by the Ministry of Environment (MOE) for the subject lands. 6.5 The Owner shall not commence any works that are the subject of a Grant Application prior to receiving approval of the Grant Application, approval of this Agreement, and execution and registration on title of this Agreement. 6.6 The Owner agrees that the rehabilitation shall be made in compliance with all required Building Permits, and constructed in accordance with the Ontario Building Code and all applicable zoning by -law requirements, municipal requirements and other approvals required at law. 6.7 The Owner agrees and covenants to the City that if the building(s) and improvements that are the subject of this Agreement are demolished, in whole or in part, or any of the heritage features of the property are altered in any way that would compromise the reasons for designation, prior to the expiration of the term of this Agreement, all subsequent Grant payments shall cease, and all Grant payments already paid by the City to the Owner shall be repaid to the City. 6.8 Upon completion of the project, the Owner shall provide the City with documentation satisfactory to the City as to the amount of the actual costs of rehabilitation incurred by the Owner and the City shall, in its discretion designate this cost as the total maximum amount of the Grant. 6.9 The Owner will provide to the City, upon request, a rehabilitation status report signed by the Owner to confirm the status and completion of the approved rehabilitation; a detailed progress report of the status of the rehabilitation, including, but not limited .to, the rehabilitation schedule, the existence and extent of any faults or defects, the value of the work done under any contract, the amount owing to any contractor and the amounts paid or retained by the Owners on any contract. 7 6.10 The Owner shall ensure there are no liens or other claims outstanding in respect of the subject lands, including its redevelopment, and all accounts for work and materials which could give rise to any claim for a construction lien against the subject lands have been paid. 6.11 The Owner shall ensure that the Owner is in compliance with the Construction Lien Act, including its holdback provisions and is not aware of any potential or unresolved Lien claim in respect of the redevelopment. 6.12 The Owner agrees to comply with all outstanding work orders and /or orders or requests to comply from any and all City departments prior to or as a condition of Grant approval. 6.13 The Owner shall ensure that the property is maintained in its rehabilitated condition during the term of the Grant. 6.14 The Owner covenants to the City that where the ownership of part or all of the subject lands ceases for any reason to be in the Owner's name by sale, assignment or otherwise, prior to the advance of all of the Grant payments, the Owner will notify the City in writing of said pending ownership change at least 30 days prior to the ownership change taking place. 6.15 If ownership of the subject lands does not change, the Owner may assign the Grant approved under this Agreement to an assignee, provided that the Owner is not in default of any of the terms and conditions of this Agreement. 6.16 In the event that after this Agreement is executed, the ownership of part or all of the subject lands ceases for any reason to be in the Owner's name by sale, assignment or otherwise while Grant payments remain to be paid, the Grant ceases completely, unless: a) where the Owner wishes to retain the remaining Grant payments, (to continue receiving the Grant payments while the Owner is no longer on title as an owner), the Owner notifies the City of a pending ownership change at least 30 days prior to that ownership change taking place and the City, entirely at its own discretion and to its satisfaction, may require or may enter into an agreement with the new owner that permits the City to continue to provide grant payments to the Owner, subject to the new owner: (i) paying property taxes; and, (ii) assuming any of the Owner's obligations and maintenance conditions under this Agreement which have not been fulfilled; b) where the Owner wishes to assign the remaining Grant payments to an assignee, the Owner notifies the City of a pending ownership change at least 30 days prior to that ownership change taking place and the City, entirely at its own discretion and to its satisfaction, may require or may enter into an agreement with the assignee that permits the Owner to assign the remaining Grant payments to the assignee, provided the assignee: receives the right to receive the remaining Grant payments; and, assumes the Owner's obligations and maintenance conditions under this Agreement or the owner continues to fulfil the Owner's obligations and maintenance conditions under this Agreement. 6.17 The Owner will be responsible for ensuring that they can be contacted by the City for the purpose of delivering Grant cheques. 6.18 The Owner acknowledges that without limiting the generality of the other provisions of this Agreement: a) the onus and responsibility is upon the Owner at all times to assume all costs of rehabilitation of the subject lands and to apply for and obtain, at the Owner's expense, all approvals required from the City, the Region, and all other agencies for the rehabilitation of the subject lands, including but not limited to all Official Plan Amendments, rezoning bylaws, minor variances, and site plan approval; b) nothing in this Agreement limits or fetters the City or the Region in exercising its statutory jurisdiction under the Planning Act or under any other legislative authority or by -law and that in the event the City or Region decides to deny or oppose or appeal any such decision, that such action by the City or Region is not in any manner limited by reason of the City entering into this Agreement; c) the Owner releases the City from any liability in respect of the City's reviews, decisions, inspections or absence of inspections regarding this rehabilitation and the Owner agrees that it is its responsibility at all times to prepare and implement its rehabilitation as would a careful and prudent land owner; d) nothing in this Agreement is intended to impose or shall impose upon the City any duty or obligation to inspect or examine the land for compliance or non compliance or to provide an opinion or view respecting any condition of development; and, e) nothing in this Agreement is intended to be or shall be construed to be a representation by the City regarding compliance of the land with: (1) applicable environmental laws, regulations, policies, standards, permits or approvals, or, (2) other by -laws and policies of the City. 6.19 The Owner agrees that if after it has received a Grant payment(s) from the City, it successfully appeals the post project assessed value on which that Grant payment(s) is based, and as a result, there is a retroactive decrease in the assessed value, the City may deduct the amount of any resulting Grant overpayment from future Grant payments and/or add any Grant overpayment to municipal property taxes payable on the property. 6.20 If the City determines in its sole discretion that any of the conditions of this Agreement are not fulfilled, the City may at its sole discretion cease or delay the Grant payments, and the Owner agrees that notwithstanding any costs or expenses incurred by the Owner, the Owner shall not have any claim for compensation or reimbursement of these costs and expenses against the City and that the City is not liable to the Owner for losses, damages, interest, or claims which the Owner may bear as a result of the lapse of time (if any) where the City is exercising its rights herein to either delay a Grant payment pending the Owners' compliance with this Agreement, or to terminate this Agreement. 9 6.21 The Owner shall indemnify and save harmless from time to time and at all times, the City, its officers, employees, and agents from and against all claims, actions, causes of action, interest, demands, costs, charges, damages, expenses and loss made by any person arising directly or indirectly from: a) the City entering into this Agreement; and b) any failure by the Owner to fulfil its obligations under this Agreement. This indemnification shall, in respect of any matter arising prior to the termination of this Agreement, remain in force following termination or expiry of this Agreement. 6.22 The Owner is bound by this Agreement, unless, prior to the Owner receiving the Initial Grant payment, the Owner gives notice in writing to the City, that the Owner has decided not to accept the Grant contemplated by this Agreement, in which case, the Agreement is terminated. 7. PROVISIONS RELATING TO THE CITY 7.1 The City agrees to provide a grant to the Owner to be paid out over a maximum of ten (10) years, to be used toward the costs of rehabilitation of the subject lands, subject to and in accordance with the terms and conditions set out in this Agreement, provided that the total of such grants shall not exceed the total costs of rehabilitation designated and accepted by the City, estimated as of the date of this agreement, in the amount of $1,500,000.00. 7.2 Upon re- evaluation of the subject lands by MPAC, the City shall calculate the actual post project municipal property taxes and the initial Grant. 7.3 On an annual basis, the City, upon being satisfied that the Owner is in compliance with this Agreement and has met all and any other requirements of the City, shall pay the annual Grant payment. 7.4 The City reserves the right to require a third party review or independent audit, at the Owner's expense, of all documentation submitted in support of the Application or during the administration of the initial or subsequent annual Grant payments, including, but not limited to: a) estimates and actual costs of all rehabilitation works; and, b) environmental reports and documentation. 7.5 The City, its employees and agents are entitled to inspect the subject lands and all fixtures and improvements upon the subject lands at any time during usual business hours for the purpose of ascertaining their condition or state of repair or for the purpose of verifying compliance with the provisions of this Agreement. 7.6 If the Owner cannot be reached over a protracted period (more than 2 years), the City will have the option, without notice and at its own discretion, of terminating all future Grant payments to the Owner. 10 7.7 If in the opinion of the City the subject lands are not maintained in their rehabilitated condition, the City may at its own discretion, terminate all future Grant payments and require repayment of all Grant payments already paid out by the City to the Owner. 7.8 The City retains the right at all times not to make any or all Grant payments or to delay payment where the City deems that there is non compliance by the Owner with this Agreement. In particular, without limiting the generality of the foregoing, the Grant is conditional upon periodic reviews satisfactory to the City to there being no adverse change in the rehabilitation and to there being compliance on the part of the Owner with all other requirements contained in this Agreement. 7.9 Except where expressly stated in this Agreement, all conditions in this Agreement are for the benefit of the City and may only be waived by the City. No waiver is effective unless in writing. 8. DEFAULT AND REMEDIES 8.1 On the occurrence of default under this Agreement, the City shall be entitled to its remedies to enforce the terms of this Agreement, including: a) delaying or ceasing payment of the Grant; b) requiring repayment of the Grant; and/or c) terminating this Agreement. 8.2 Default shall be deemed to occur upon any default of the Owner in complying with the terms set out in this Agreement, including but not limited to the following: a) the as constructed works do not comply with the description of the works as provided in the Application Form and Required Documents; b) the works are not undertaken in conformity with the Ontario Building Code and all applicable zoning requirements and planning approvals; c) the Owner sells, transfers or otherwise disposes of the property without advising the City; d) the building for which a Grant was provided is demolished or designated heritage features of that building are altered during the term of the Grant; e) the building is damaged by fire or otherwise, and repair or reconstruction is not commenced with 90 days; f) the Owner is in property tax arrears with respect to the property for more than 90 days; g) any representation or warranty made by the Owner is incorrect in any material respect; h) failure to perform or comply with any of the obligations contained in this Agreement or contained in any other Agreement entered into between the Owner and the City; i) the Owner makes an assignment for the benefit of creditors, or assigns in bankruptcy or takes the advantage in respect of their own affairs of any statute for relief in bankruptcy, moratorium, settlement with creditors, or similar relief of 11 bankrupt or insolvent debtors, or if a receiving order is made against the Owner, or if the Owner is adjudged bankrupt or insolvent, or if a liquidator or receiver is appointed by reason of any actual or alleged insolvency, or any default of the Owner under any mortgage or other obligation, or if the subject lands or interest of the Owner in the subject lands becomes liable to be taken or sold by any creditors or under any writ of execution or other like process; j) construction ceases for a period of 60 days due to the Owner's default (strikes and Acts of God excepted) and /or the Owner abandons the property or project; k) the Owner is in default of the terms and conditions of the construction financing secured by the first mortgage; 1) this Agreement is forfeited or is terminated by any other provision contained in it. 8.3 The City may, at its sole discretion, provide the Owner with an opportunity to remedy any default. 9. ADDITIONAL PROVISIONS 9.1 This Agreement shall remain in effect from the date of its registration on title to the earlier of: a) the Owner informing the City in writing prior to the initial grant payment, that the Owner has decided not to accept the Grant; b) the City informs the Owner in writing that due to the non fulfilment or non compliance with a required condition or due to default, this Agreement is at an end; c) the total amount of the Grant paid out to the Owner equals the total costs of rehabilitation; d) ten years from the date of completion of the rehabilitation. 9.2 Time shall be of the essence with respect to all covenants, Agreements and matters contained in this Agreement. 9.3 Schedule "A" attached to this Agreement forms part of this Agreement. 10. NOTICES 10.1 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid registered first class post, by party wishing to give such notice, to the other party at the address noted below: Such notice shall be deemed to have been given: a) in the case of personal delivery, on the date of delivery; b) in the case of e-mail or fax, on the date of transmission provided it is received 12 before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and, in the case of registered post, on the third day, which is not a holiday, following posting. Notice shall be given: To the Owner at: Telephone No: 905- 358 -3513 Fax No: 905- 358 -6863 E -mail: ruthann@pattersonfuneralhome.com To the City at: City of Niagara Falls Planning Development City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Community Improvement Program Coordinator Telephone No: 905- 356 -7521, ext. 4298 Fax No: 905- 356 -2354 E -mail: bbolibruck@niagarafalls.ca 13 IN WITNESS WHEREOF the parties hereto have hereunto affixed his hand and corporate seal duly witnessed and 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. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE In the presence of CITY OF NIAGARA FALLS R.T. (TED) SALCI, MAYOR DEAN IORFIDA, CITY CLERK PATTERSON FUNERAL HOME Name: FRANCIS PATTERSON Title: OWNER Name: RUTH ANN NIEUWESTEEG Title: BUSINESS MANAGER 14 SCHEDULE "A" of a Grant Agreement between the City and the Owner named in this Agreement. Legal Description of Owner's land Plan 653, Pt. Lot 1, Pt. Lots 14, 15 Plan 219, Pt. Lot 1, NP 26 Plan 653, Lot 14 P1an653, Pt. Lot J, NP 26702 15 June 11, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraf1alls Re: PD- 2007 -37 PLC 0212007, Request for Removal of Part Lot Control Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354 Milomir Street (South Side) Mary Drive (East Side), Deerfield Estates Owner: River Realty Development (1976) Inc. PD- 2007 -37 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354, as exempt from Part Lot Control. 2. That the applicant be required to notify the City when the separate deeds have been registered. River Realty Development (1976) Inc. has submitted a request to remove property on the south side of Milomir Street (east of Parkside Road) and on the east side of Mary Drive from Part Lot Control (see attached letter and Schedule 1). This process enables the division of Tots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject land is within the Deerfield Estates plan of subdivision (59M -354) that was registered in November 2006. This subdivision was approved with a mix of single and semi detached dwellings, on- street townhouses, block townhouses, a school site, parkland and a woodlot area. Blocks 274 275 provide for the on- street townhome development while Lots 214 to 216 (inclusive) are three of several lots intended for semi detached dwellings. The applicant proposes a relotting of these parcels to allow the creation of 47 small frontage single- detached lots (minimum 9.90 metres /32.5 feet of frontage). The attached draft Reference Plan Schedule 2) indicates the proposed division of the land. 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 Community Services Department Planning Development June 11, 2007 2 PD- 2007 -37 The land is currently zoned Residential Mixed (R3 -743) through site specific Zoning By -law No. 2006 -56 (garages are to be constructed with each dwelling unit). This zoning category permits single- detached and semi detached dwellings as well as on- street townhouse dwelling units. The Committee of Adjustment approved a variance application (A- 13/2007) on May 1, 2007 to facilitate the proposed single- detached Tots. The approval allowed reductions to minimum requirements for lot area, lot frontage and side yard width and an increase in the provisions for maximum lot coverage and driveway width. Although on- street townhousing is being eliminated in the subdivision, the smaller lot singles provide an alternate lot size and contribute to the mix of available housing types and sizes in the area. The owner and builders feel this lot size will address market demand for a smaller single- detached dwelling. Approval of a Part Lot Control by -law is required so that new property lines can be established over the blocks and lots. A by -law time limit of five years has been requested to allow for the servicing, construction and market absorption of the 47 Tots. Given the size of the overall subdivision and phasing, this timeframe is acceptable. CONCLUSION: The removal of Part Lot Control will permit the division of the subject land to create small frontage single- detached lots in response to market demand. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the lands as exempt from Part Lot Control is included in tonight's Council agenda. Recommended by: Approved by: Respectfully submitted: R.wilson:gd Attach. S:1PDR12007SPD- 2007 -37, PLC-02-2007, Milomir -Mary, Deerfield Estates.wpd Doug Darbyson, Director of Planning Development Ed Dujlovic, Executive Director of Community Services f Administrati e Officer 4' cDonald, Chief fficer 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 TELEPHONE (905) 354 -3853 P.O. BOX 576 FAX (905) 354 -1816 May 15, 2007 River Realty Development (1976) Inc. Mr. Rick Wilson City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Rick: RE: Removal of part lot control Blocks 274, 275 and lots 214, 215 216, Plan 59M -354 Further to our discussion, please accept this letter as our request for the removal of part lot control on the above noted blocks and lots. This request is related to the approved,coaeentV.6twer.g._ application which allows for the provision of small lot single family lots. We understand the by -law removing part lot control will go to Council on June 11, 2007. We have enclosed 3 full size copies and one —11 x 17 copy of the draft reference plan. Please contact the undersigned if you require any additional information. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. John Mestek, B.A. Property Manager JM/dm Planning F L. N�� RECEIVED MAY 15 2037 PLANNING DEVELOPMENT Removal of Part Lot Control Subject Land K: \GIS_ Requests\ 2007 \Schedules \PLC \Deerfleld_EStates.map SCHEDULE 1 Blocks 274 275 and Lots 214, 215 216 Registered Plan 59M- 354 (Deerfield Estates) Milomir Street (South Side) Mary Drive (East Side) Location Map Scale 1:NTS June 2007 I_ IIiII 11 1111 9 Wig 111111PIIIIII„OI 1 1 111I�i1i1✓ X0075 eto v .0111-465 NYId 'f 1N/d ZARIQ .[x1r -s ..m wawa T w.wm wa w wr• yr 1 f 1 m a 1 I e "y h 91i '+'6i ?NW 'r UAW NANO' rnr-ex n.w AZIVR u F: I N N 1 N en L-465 MN 'i WVd .4- dINSNMO.L 021OdINVIS iR21l Nnd GRZIt 465 44la Y MA ;n 1 ^I N Ic' V; UAW SCHEDULE 2 id I °a' a SarS1fuVd x 0 0. cn June 11, 2007 PD- 2007 -38 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj1alls CANADA Re: PD- 2007 -38 Sidewalk Cafe Licence Agreement with the City SWC- 01/2007, Montana's Cookhouse 5759 Victoria Avenue RECOMMENDATION: That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with Tony Visca to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of the Montana's Cookhouse located at 5759 Victoria Avenue. BACKGROUND: Tony Visca has applied to the City to renew a sidewalk cafe licence agreement for a sidewalk cafe in front of the Montana's Cookhouse located at 5759 Victoria Avenue. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. The licensed area is approximately 20.23 square metres and is shown hatched on Schedule 1. The licence fee for 2007 is $505.84. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. The rental fee for the sidewalk cafe is currently under review. The fee will be adjusted annually to reflect the outcome of the review. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 to cover himself and the City. At its discretion, the City may either terminate or modify the licensed area if the remaining sidewalk proves to be ins 't`to accommodate the flow of pedestrian in this high 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 Community Services Department Planning Development June 11, 2007 Recommended by: Approved by: Respectfully submitted: A. Dilwarla /cb 2 PD- 2007 -38 volume area such that pedestrian safety could be compromised, or if the City requires the lands for its or another agency's purpose. Each party must give 30 days written notice to terminate the licence. Doug Darbyson, Director of Planning Development Ed Dujlovic, Executi Director of Community Services MacDonald, Chief Administrative Officer S:1PDR120071PD- 2007 -38, SWC -01 -2007, Sidewalk Cafe License Agreement with the City, Montana's Cookhouse.wpd SCHEDULE 1 y NOTE.. mAxt CAP. lrY FoR•TNL' G $IDNWALI( CAFE If WWPEKEMl. 4 J GATES Pat rNE IDEMk 1 Got AtE 7 Siv)N6 INIvARO 1NTO THE LKENnEn MEA Fps nu* J/cfw4u c. IMPERIAL NOTE DISTANCES COONVERT METRES. Bt MU 11PLR1HGG Y AND O 8 y c<k '1.), o p t T v� y. NOTE THIS SKETCH I 20 A OF SURVEY. SKETCH TO' 1 W- 44%112Ar D 5CCIPTIt OF 'PpR.T OF il has Charon, h unlono VicroA AVENUE 1 PL.AkI 1002 "'I X GITy CF N FAtJ_ r.. SIitPC cam» REGIONAL MUNICIPALITY OF NIAGARA sns w-11 f1 !b LX ra MO 3 Fa a+K.mt DIA pG °1c(ED 1.4. 1 SCALE 1 to "'S'ttst I'aTrAoASC June 11, 2007 PD- 2007 -39 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: PD- 2007 -39 Sidewalk Cafe Licence Agreement with the City SWC-02/2007, Antica Pizzeria Inc. 5785 Victoria Avenue RECOMMENDATION: That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with John Mascia to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of Antica Pizzeria Inc., located at 5785 Victoria Avenue. BACKGROUND: John Mascia has applied to the City to renew a sidewalk cafe licence agreement for a sidewalk cafe in front of the Antica Pizzeria Inc. located at 5785 Victoria Avenue. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. The licensed area is approximately 17.71 square metres and is shown hatched on Schedule 1. The licence fee for 2007 is $442.75. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. The rental fee for the sidewalk cafe is currently under review. The fee will be adjusted annually to reflect the outcome of the review. The Licencee will be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 to cover himself and the City. At its discretion, the City may either terminate or modify the licensed area if the remaining sidewalk proves to be insu ..'x: t to accommodate the flow of pedestrians in this high 4310 Queen Street, P0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 11, 2007 -2- PD- 2007 -39 volume area such that pedestrian safety could be compromised, or if the City requires the land for its or another agency's purpose. Each party must give 30 days written notice to terminate the licence. Recommended by: Approved by: Respectfully submitted: A. Dilwaria /cb Doug Darbyson, Director of Planning Development Ed Dujlovic, Executive Director of Community Services Chief Administrative O ice John M. D•nald, Chi r S:1PDR120071PD- 2007 -39, SWC -02 -2007, Sidewalk Cafe License Agreement with the City, Antica Pizzeria Inc.wpd VI June 11, 2007 PD- 2007 -40 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraaaaaaaajlalls CANADA Re: PD- 2007 -40 Proposed Memorandum of Understanding The Planning System in Niagara That Council adopt the attached Memorandum of Understanding and that the Mayor and Clerk be authorized to execute the agreement on behalf of the Corporation. BACKGROUND: The attached draft Memorandum of Understanding (MOU) is the culmination of approximately 18 months of work spearheaded by the Region to review the Region's planning function. Former Alderman Joyce Morocco represented the City of Niagara Falls on a "Planning Review Committee" together with elected representatives from all local municipalities. The primary objective of the review was to streamline the planning function across the Region and to reduce duplication of services. Administrators and Planning Directors from all local municipalities participated in the review process. The MOU sets out the roles and responsibilities of the Region and the local municipalities regarding the planning system in Niagara. Essentially, local municipalities will be delegated approval authority for all development applications and the Region will focus on policy planning, approving comprehensive municipal Official Plans and Secondary Plans. Implementation of the MOU will be the responsibility of the individual Planning Directors of the respective local municipalities. Moreover, the Planning Review Committee will continue to meet to monitor progress and the continuous improvement program established in the MOU. The MOU is part of a larger program of coordinating the delivery of planning services across the region that includes the enforcement of the Region's Tree By -law being transferred to the NPCA, development of web based land use information system coming from a single source and a growth management strategy for the region. As well as enforcement of the Region's Tree By -law, the NPCA shall be responsible for ensuring the proper review o �7anning applications for possible impacts on the natural environment. A fee for ill be charged. 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 Community Services Department Planning Development June 11, 2007 2 PD- 2007 -40 Overall, the MOU clearly defines the planning responsibilities of the Region, Conservation Authority and local municipalities. Steps will be taken to standardize processing procedures, improve efficiencies and to more effectively engage the community (public) in policy planning and development review. The Region's (draft) report on the MOU and the review process, which contains more details than this synopsis, is also attached for Council's information. Recommended by: Approved by: Respectfully submitted: J. Bamsley:gd Attach. 5:1PDR120071PD- 2007 -40, Memorandum of Understanding.wpd Doug Darbyson, Dire rtor of Planning Development Ed Dujlovic, Executive Director of Community Services hn MacDonald, Chief Admi istrative Officer Niagara �Jf Region REPORT TO: Chair and Members of Planning Review Committee SUBJECT: Proposed Memorandum of Understanding Planning System in Niagara RECOMMENDATIONS That this Committee recommend to Regional Council: 1. The attached Memorandum of Understanding be recommended for adoption by all thirteen municipal councils in Niagara and the Niagara Peninsula Conservation Authority. 2. That this MOU replaces the current MOU between the Region' Planning and Development Department and the Niagara Peninsula Conservation Authority 3. That, subject to completion of recommendation #1 above, the Area Planners in consultation with the Steering Team take the steps necessary to ensure effective implementation. EXECUTIVE SUMMARY The MOU has been developed over the last few months by a representative group of Regional and Local planners who were guided by the objectives identified in report CAO 15 -2006: to identify respective roles and reduce duplication with regard to planning functions; to develop effective, efficient collaborative processes for policy development and development review; to develop a communication protocol for Regional and Local Planners to work together more effectively and efficiently; and, 1 Report Date Report Date To hear and understand what the community wants; to ensure that community aspirations are considered and communicated in the planning process; to develop a transparent, easily understood process of community engagement. Several drafts of the MOU were discussed by the full group of Area Planners as well as the Area Administrators in an effort to maintain the inclusive approach that has been a key component of the entire review process. Following the Planning Review Committee meeting of April 10 further consultation with the Area Planners on the proposed amendments to the MOU took place. The results of that discussion resulted in agreement among the Area Planners to recommend endorsement of the draft attached to this report. This MOU alone will not ensure that the desired improvements will take place. The MOU provides an instrument upon which improved relationships can be built. The team guarded against the establishment of a regulatory approach which might in fact discourage continuous improvement efforts. The recommendations related to development of an implementation plan are reflective of the recognition that endorsement needs to be followed by steps to ensure objectives are achieved. Some elements of implementation can be addressed through other components of the project such as the development of an integrated web -based GIS system, and the Growth Management strategy. FINANCIAL IMPLICATIONS There are no immediate financial implications from this report. However, streamlining and related improvement efforts are expected to provide benefits such as freeing up resources for addressing other planning opportunities to improve Niagara as a whole PURPOSE The purpose of this report is to present the Memorandum of Understanding for discussion and initiate the steps to secure endorsement. The creation of the MOU was approved by Regional Council through report CAO 15 -2006. The report also outlines the process that led to the presentation of this document, highlights a proposed process to secure full endorsement and discusses some next steps that are expected to result from the implementation of the MOU. BACKGROUND Following the adoption of CAO 15 -2006 a project structure and project plan were developed to ensure the smooth implementation of the broad set of recommendations 2 contained in that report. One of the most significant tasks within the project plan was the development of an MOU. A project team was assigned made up of local and regional planning staff. This team met regularly over the past few months to develop a draft document that addressed the expectations created through the adoption of CAO 15 -2006. The team was established through an open invitation to the Area Planners to participate. This resulted in the establishment of a team with representation from a good cross section from both Regional staff and Area Municipal planning staff. While development of the MOU is a significant milestone, it is important to remember that it is one of seven elements of the work plan that also includes transfer of the Tree by -law enforcement activities to the NPCA, development of an integrated web based functionality to make land use based information publicly available from a single source, and the Growth Management Strategy development. The team first met in November to establish some guiding principles and confirm key objectives. Once established the team continued to meet on a regular basis to develop and refine various drafts of the document. While discussion was not always easy, team members demonstrated a willingness to maintain professionalism, selflessness and perseverance to work through difficult issues to arrive at a workable resolution. REPORT 3 Report Date The Planning Function Review process has been characterized by an open and inclusive process throughout. The MOU has been developed using a similar approach. This phase represents a continuation of that approach. Prior to presentation of the MOU to this committee drafts have been circulated for comment and discussion to the Area Planners. This group has met twice to review the MOU. A number of their suggestions and comments are reflected in this version of the MOU. Similarly the Area CAO's group were presented with a draft for comment. While their review was less detailed, their suggestions have also been considered. Feedback Received Area CAO's The Area Administrators group had an opportunity to review the MOU at their February 23 meeting. They were invited to provide feedback on the .document. The response was generally positive. There was an improvement suggested that has been incorporated into the final document a process to resolve any disputes that may result Area Planners Within the approved project plan the Area Planners have a role to play in providing technical advice and input into the MOU. With that in mind the Area planners met twice (February 23 and March 9 to review in detail the provisions in the draft MOU. Through that process a number of adjustments were made to the MOU to Report Date provide for both clarity and technical accuracy. Through the approval process each local municipality will be able to highlight the specific implications that are expected to result from implementation of the MOU. The provision that generated the most discussion was the suggestion that one of the goals or expected outcomes from successful implementation of this MOU was an eventual single plan from one voice. Through discussion there has been some additional clarity included in the MOU that provides some explanatory commentary on what this means. Nevertheless there was not consensus reached on this issue. In an effort to move the discussion forward, recognizing that there were wide variations in viewpoints on this issue the draft MOU was put forward for discussion at PRC. Through the discussion some amendments were proposed and the Area Planners were asked to review those changes. This review resulted in the presentation of the current version of the MOU. We are now at the stage where it is time to seek feedback and endorsement of the MOU from the governing bodies of the anticipated signatories. The first step in that process is to gain the endorsement of the MOU from the Planning Review Committee. Each municipal Council will then be asked to endorse this MOU. This will be the test of whether the MOU has met the objectives set out in CAO 15 -2006 Structure of the MOU document Part 1 Preamble this section outlines the background for the creation of the MOU. This section also provides the main objectives that are expected to be achieved through implementation. Contained in Part 1 is the Authority under which this MOU must work within. Finally and most importantly the section lists the key long term goals expected to be achieved through successful implementation of the provisions of the document Part 2 This section provides the guide for role clarity between the Region and the Area Municipalities. It is divided into two main sections Policy planning and implementation planning. It addresses roles and responsibilities by the various categories of policy plans and development applications Part 3 This section addresses roles and responsibilities related to planning applications as they relate to the natural environment. The NPCA has a significant role to play in this section Part 4 This section addresses roles and responsibilities related to relationships with other governments. This section also contains important processes to ensure that this MOU is a living document. There are provisions that are designed to facilitate continuous improvement efforts. It is these provisions and the topics considered for improvement that will determine the degree of success of this MOU. Part 5 This section outlines provisions for the length of the MOU opportunities for periodic review and a dispute resolution process Part 6 These are the schedules to the MOU. The schedules provide some of the detail about when certain types of planning applications need input from the various planning authorities. There is a schedule outlining situations when applications would 4 Report Date need to be reviewed by the NPCA. There is also a similar schedule for when development applications need to be reviewed by the Region. Summary of Changes to the Current System expected First and foremost, endorsement of the MOU will formalize a common objective among all partners of working towards a an integrated and seamless planning system as the ultimate means of responding to a range of concerns identified with the system (Le. April 2006 Discussion Paper and CAO 15- 2006). Through the discussion this final version includes additional clarification on how that can be achieved. Most important is the acceptance of the goal of achieving an integrated and seamless planning system. It is worth noting that the acceptance of this a goal, while important, is not the end of the story mere acceptance does not guarantee achievement. The remaining sections of the MOU are intended to provide a common framework for implementation. Second, Part 2 of the document provides significant role clarity around the responsibilities of each signatory in both policy planning and development planning. The MOU formalizes a process of pre consultation in matters of policy planning (e.g. an Official Plan amendment, Secondary Plans, Community Improvement plans etc.). The pre consultation process will ensure key stakeholders are identified and involved early in the process, and that key process issues are understood up front. While this process is not entirely foreign to the Planning system, through formalization more consistent and regular application will result, as will significant improvements in the timeliness of processing these important planning tools. Third, the Implementation Planning section provides clarity around roles and responsibilities with the objective of placing implementation planning functions primarily with the area municipalities. With this additional authority there will also be additional responsibility to address, for example, the consistent application of Provincial and Regional interests and ensuring greater collaboration among the parties. Each municipality will need to undertake an assessment of the degree to which it will affect them directly. From the Regional perspective such a review has already been initiated with the Planning and Development Department in anticipation of these changes. Fourth, is the establishment of a methodology for continuous improvement. The team that worked on the development of the MOU was adamant that the document needed to be a living document. The team wanted to ensure that there were provisions to ensure that the MOU could remain current with changes in circumstance. As a result the MOU contains provision for an ongoing oversight role to monitor implementation issues for the Planning Review Committee (or its successor). In addition a staff level group of Planning Directors is to be established to address and identify issues for continuous improvement attention. The MOU does contain a listing of a number of issues that the team has identified this is not intended to be exhaustive, nor has it been prioritized. It is also important to note that the consensus of the MOU team was that the emphasis on continuous improvement, rather than wholesale change, provides an opportunity to ensure that all parties are at a similar state of readiness prior to implementing a system change. 5 Report Date Next steps Staff anticipates that subject to endorsement by the Planning Review Committee, each Municipal Council and the NPCA will have the opportunity to consider the MOU over a six week period following endorsement by the Planning Review Committee. While each municipality may choose the means of presentation of the MOU, members of the team that developed the document would be prepared to participate in these presentations if desired. The MOU will only be considered to take effect if all municipalities are participants. In the interim, during this period of endorsement the will be opportunities for planning the implementation of some of the more immediate continuous improvement initiatives. Originally submitted by members of the MOU Development Team: Adele Arbour, Director of Planning and Building Services, City of Thorold Paul Chapman, Director of Planning Services, City of St. Catharines Peter Colissimo, Senior Planner, Regional Municipality of Niagara Joe Morozek, Manager of Development Approvals, Town of Fort Erie Kathleen Dale, Director of Planning and Development, Town of Lincoln Alan Gummo, Associate Director, Planning, Regional Municipality of Niagara Suzanne McInnes, Watershed Planning Coordinator, NPCA Patrick Robson, Director, Community Integration, Regional Municipality of Niagara Kirk Weaver, Manager, Special Initiatives, Regional Municipality of Niagara This report was prepared by Kirk Weaver, Manager, Special Initiatives on behalf of the MOU Team. 6 MEMORANDUM OF UNDERSTANDING between The Regional Municipality of Niagara The Town of Fort Erie The Town of Grimsby The Town of Lincoln The City of Niagara Falls The Town of Niagara -on- the -Lake The Town of Pelham The City of Port Colborne The City of St. Catharines The City of Thorold The Township of Wainfleet The City of Welland The Township of West Lincoln The Niagara Peninsula Conservation Authority for Improving the Planning Function in Niagara Introduction Part 1 Preamble This Memorandum of Understanding (hereinafter referred to as MOU) has been developed in response to expected improvements to the planning function in Niagara. More specifically, this MOU is the first step in implementing the directions approved by Regional Council under Report CAO 15 -2006 on July 27, 2006. This MOU was collaboratively developed by a representative group of staff persons from the signatory agencies. The MOU 'Team' was created following a call for volunteers representing the Technical Review Committee made up of Niagara Area Planners the MOU itself was subject to review and refinement by area Planning Directors, area CAOs, the Planning Review Committee (comprised of elected representatives from all signatory organizations), and the respective Councils and Authority Board of the signatory organizations. This MOU is primarily an instrument of improved (and continuously improving) relationship management among the signatories. The alternative approach would have been to create a more regulatory `how to' document. The consensus of the MOU Team was that a regulatory approach would be too limiting and not encourage the strong emphasis on continuous improvement that is reflected through the relationship management approach that has guided this document. Objectives The Objectives that have informed and guided the development of this MOU are those expressed and approved under Recommendation 1 of Report CAO 15 2006, as follows: to identify respective roles and reduce duplication with regard to planning functions; to develop effective, efficient collaborative processes for policy development and development review; to develop a communication protocol for Regional and Local Planners to work together more effectively and efficiently; and, to hear and understand what the community wants; to ensure that community aspirations are considered and communicated in the planning process; to develop a transparent, easily understood process of community engagement. As further enhancements to those key objectives, the MOU Team identified some specific action oriented objectives that will guide the immediate MOU and subsequent efforts at continuous improvement. 2 These objectives flow from the Planning Function Review process and are predicated on staging implementation in a reasonable yet aggressive timeframe. To explain, there are some current challenges related to the capacity of some partners to take on additional responsibilities without progressive support, while at the same time, the inconsistencies in planning processes create impediments to meeting the objectives endorsed under CAO 15 -2006 (as expressed above). Therefore, the ultimate goal is stated as: To have an integrated and seamless planning system that is embraced and easily understood by Councils, the public and the applicants that encourages participation in policy development and application processing. An, integrated and seamless planning system includes: The collaborative development of policy to ensure that the planning system is speaking with one voice; delegation of responsibility is predicated on regular and current compliance of area municipal comprehensive Official Plans, Secondary Plans and Zoning By -laws with the Regional Policy Plan; ensuring that activities are value added; streamlined processes operate on a 'one window' functionality; appropriate and relevant information for decisions is in the right place at the right time; placing authority and responsibility as close to each other as possible; and, consistency of policy interpretation, implementation and applications processing approaches by all signatories is necessary. The Parties believe that an integrated and seamless planning system for Niagara will be a keystone in the achievement of a single, integrated, and seamless planning system as a contribution to a 'One Voice' agenda. To that end, the Parties believe that the Niagara Planning System ,will evolve in the direction of common policies for Niagara. This will come about over time as the Parties to this MOU collaborate in policy development. The result of this collaborative process will be a set of policies to which all parties will agree. The focus of the process will be on those matters of interest for which common ground is evident. When consolidated, these policies will effectively constitute an integrated planning system speaking with one voice. At the same time, each planning jurisdiction within Niagara will continue to develop and implement planning policies of a distinctly local nature to address matters of local importance, primarily through Secondary Plans, comprehensive zoning, and development control. Authority There are a number of land use policy planning approvals that rightly are addressed at the Regional Municipality level these will be retained as expressed in the MOU. However, 3 the Council of the Regional Municipality is empowered, by The Planning Act, to delegate all or parts of its approval authorities to its Area Municipalities subject to such conditions as the Regional Council deems appropriate. Indeed, the Regional Municipality already considers application for exemptions of local Official Plan Amendments (LOPAs) this MOU will remove the requirement of requesting an exemption for certain types of LOPAs, and provide final approval directly to the area municipality. In 1996, the Province of Ontario transferred the responsibility to review planning applications for Provincial interests to the Regional Municipality of Niagara on behalf of the Ministry of Municipal Affairs and Housing, Ministry of the Environment, Ministry of Natural Resources, Ministry of Culture and Ministry of Agriculture, Food and Rural Affairs. The NPCA is an autonomous corporate body established under the Conservation Authorities Act to work in partnership with our member municipalities and the Province to further the conservation, restoration, development and management of the renewable natural resources and hazard lands within the jurisdiction. The NPCA has been actively involved in the municipal planning process since 1979. The NPCA's planning program started out focusing on ensuring that new development is not adversely affected by flood and erosion problems associated with riverine systems as well as the Great Lakes Shoreline. Over time, the Ministry of Natural Resources (MNR) has delegated certain provincial responsibilities to Conservation Authorities. The delegation of floodplain management began in the late 1970's; hazard land management (which includes valleyland management and the management of local areas susceptible to flood and erosion risks) was delegated in 1983; Great Lakes shoreline management was delegated to the NPCA in 1988. In the past, the Conservation Authority implemented regulations governing filling activities in fill- regulated areas, construction activities in floodplains and alterations to waterways. In 1998, the Province amended Section 28 of the Conservation Authorities Act to more clearly specify lands, which could be subject to regulation (including development in and adjacent to valleylands, Great Lakes shoreline flood, erosion and dynamic beach hazards, wetlands and alterations to watercourses). In May 2006, Ontario Regulation 155/06 Niagara Peninsula Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses came into effect. The NPCA has a Level II agreement with Fisheries and Oceans Canada (DFO) to administer the review of projects under section 35(1) of the Fisheries Act which states "No person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of Fish Habitat" (HADD). Under this agreement, NPCA will assess all proposals within its jurisdiction, regardless of other permitting requirements unless agreed to by DFO under a separate agreement (e.g., Union Gas, some Provincial projects). NPCA screens and processes applications for DFO under the Level II agreement to determine if a HADD will occur as a result of the proposed works. A HADD may occur as a result of any direct or indirect manipulation which changes, alters, disrupts or destroys habitat in or adjacent to the water or which induces probable changes to the conditions of habitat (including, but not limited to, temperature, Tight, dissolved gasses, water clarity, sediment Toad and other factors). 4 It is noted that a portion of Grimsby is under the Hamilton Conservation Authority's jurisdiction. 5 2.0 General Preamble The Parties agree that successfully meeting the objectives for this MOU will require a collaborative approach to Policy and to Implementation Planning. Policy Planning is understood to mean generally those activities of a community planning nature that are conducted pursuant to Parts III and IV of The Planning Act. Similar planning activities may be conducted pursuant to The Conservation Authorities Act, The Niagara Escarpment Planning and Development Act, and The Environmental Assessment Act and are therefore addressed in this MOU. The Policy Planning function also includes collaborative activities identified as Special Studies which the Parties may undertake from time to time. It is further understood that Regional Planning comments on Policy Planning matters will be restricted to matters of Provincial and /or Regional interest. Implementation Planning is understood to mean generally those activities that are conducted pursuant to Parts V and VI of The Planning Act. Similar activities may be conducted pursuant to the development permit provisions of The Niagara Escarpment Planning and Development Act. It is further understood that Regional Planning comments on Implementation Planning matters will be restricted to matters of Provincial and /or Regional interest. 2.0.1 Part2 Roles and Responsibilities of Signatories for Policy Planning and Implementation Planning The Parties agree that collaboration in Policy Planning will include the following measures for each Policy Planning project: pre consultation with relevant partners prior to project start-up to identify areas of common interest; placement of appropriate representatives on project steering committees; agreed -to milestone meetings, consultations, and document review; mutually satisfactory review protocols with shared commitment to timeliness; and, a fully integrated Geographic Information System. 6 2.0.2 The Parties agree that the Area Planning Directors and the representative from the NPCA establish a co- ordinating body, upon approval of this MOU, to identify common Policy Planning interests and projects with a view to formulating a collaborative multi -year Policy Planning program for Niagara. Policy Planning The following are the means by which Policy Planning will be conducted by the Parties for specific types of policy planning projects. 2.1 Regional Policy Plan and Amendments (RPPAs) 2.1.1.1 Approval of the Regional Policy Plan rests with the Province of Ontario. 2.1.1.2 Adoption of RPPAs rests with Regional Council. 2.1.1.3 Area Municipalities provide comments based on circulation by the Region. 2.1.1.4 The Niagara Peninsula Conservation Authority (NPCA) comments to Region based on provisions of Part 3. 2.2 Area Municipal Comprehensive Official Plans and Non Site Specific LOPAs 2.2.1 Approval rests with Regional Council. 2.2.2 Area Municipality prepares the Comprehensive Official Plan, collaboratively with direct involvement of Regional Planning and NPCA prior to releasing a draft Official Plan for public comment. 2.2.3 NPCA provides comments during circulation. 2.3 Area Municipal Site Specific Official Plan Amendments For the purposes of this Section, `site specific' means that the proposal: is single application on a single property or multiple contiguous properties under single ownership or control; and, does not require a Regional Policy Plan Amendment or Secondary Plan. 2.3.1 Area Municipality approves. 2.3.2 Region provides comments during circulation stage. 2.3.3 NPCA provides comments during circulation stage, based on provisions of Part 3. 2.4 Secondary Plans 2.4.1 Approval rests with Regional Council. 2.4.2 Area Municipality prepares the Secondary Plan, collaboratively with direct involvement of Regional Planning and NPCA prior to releasing a draft Secondary Plan for public comment. 2.4.3 NPCA provides comments during circulation, based on provisions of Part 3. 7 2.5 Community Improvement Plans 2.5.1 Proponent, either Region or Area Municipality, approves. 2.5.2 Proponent municipality prepares the Community Improvement Plan, collaboratively with direct involvement of Regional Planning, area municipality and NPCA prior to releasing a draft Community Improvement Plan for public comment. 2.5.3 Non- proponent, Region or Area Municipality comments during circulation. 2.5.4 NPCA provides comments during circulation as appropriate based on provisions of Part 3. 2.6 Niagara Escarpment Plan Amendments 2.6.1 Approval rests with Province. 2.6.2 Region comments during circulation. 2.6.3 Area Municipality comments during circulation. 2.6.4 NPCA comments during circulation. 2.7 Regional Environmental Assessments 2.7.1 Approval rests with Province. 2.7.2 Region adopts. 2.7.3 Area Municipality comments during circulation. 2.7.4 NPCA comments during circulation, based on provisions of Part 3. 2.8 Local Environmental Assessments 2.8.1 Approval rests with Province 2.8.2 Area Municipality adopts 2.8.3 Region comments during circulation, based on screening criteria in Schedule C. 2.8.4 NPCA comments based on provisions of Part 3. 2.9 Special Studies 2.9.1 The princip al or lead proponent of any special study is the agency that is responsible for adopting. 2.9.2 In the event of joint studies, all proponent agencies adopt. 2.9.3 Relevant partners participate in the process via a collaborative framework that is established at the beginning of the study process. 8 Implementation Planning Preamble The Parties agree that successfully meeting the objectives for this MOU will involve placing responsibility for Implementation Planning primarily with the Area Municipalities as the legislated /delegated approval authority for such activity. Improvements in Implementation Planning include streamlining of commenting methods and related work processes, as well as engaging in pre consultation as a means of: early identification of important issues; and, minimizing the volume of applications requiring full circulation. The following are the means by which Implementation Planning will be conducted by the Parties for specific types of implementation planning activities. 2.10 Comprehensive Zoning By -laws 2.10.1 Area Municipality approves. 2.10.2 Area municipality prepares the Comprehensive Zoning By -law, collaboratively with direct involvement of Regional Planning and NPCA prior to releasing a draft Comprehensive Zoning By -law for public comment. 2.10.3 NPCA comments during circulation. 2.11 Zoning Bylaw Amendments 2.11.1 Area Municipality approves. 2.11.2 Based on Schedule C, Region may comment during circulation. 2.11.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.12 Draft Plans of Subdivision 2.12.1 Area Municipality approves. 2.12.2 Based on Schedule C, Region comments during circulation of new Draft Plans. 2.12.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.13 Plans of Condominium 2.13.1 Area Municipality approves. 2.13.2 Region comments during circulation, for vacant land condominiums and for conversions of rental housing to condominiums, based on Schedule C. 2.13.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 9 2.14 Consents 2.14.1 Area Municipality approves. 2.14.2 Based on Schedule C, Region may comment during circulation. 2.14.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.15 Minor Variances 2.15.1 Area Municipality approves. 2.15.2 Based on Schedule C, Region may comment during circulation. 2.15.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.16 Site Plan Control 2.16.1 Area Municipality approves. 2.16.2 Based on Schedule C, Region may comment during circulation. 2.16.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.17 Niagara Escarpment Development Permits 2.17.1 Region provides comments, upon circulation. 2.17.2 Area Municipality provides comments, upon circulation 2.17.3 NPCA provides comments, upon circulation. 10 Part 3 Consolidation of the Review of Planning Applications as they Relate to the Natural Environment 3.1 The Niagara Peninsula Conservation Authority shall be responsible for ensuring the proper review of all planning applications for impacts on the natural environment as required by: Municipal planning documents such as the Regional Policy Plan through which the Province implements its requirements under the Planning Act, the Provincial Policy Statement, the Provincial Greenbelt Plan and Places to Grow Plan as they relate to the Natural Heritage and Natural Hazards. In the event of a time lag between Provincial directions given and the incorporation of same into municipal planning documents, reference shall be had to the most recent Provincial direction. the Generic Regulations under Section 28 of the Conservation Authorities Act. 3.2 The Niagara Peninsula Conservation Authority agrees to prepare and maintain, with the assistance of the Region and Area Municipalities, a Natural Environment Information Map for the Region of Niagara. This map shall define the Region, Area Municipalities and Conservation Authority geographic areas of interest in the Natural Environment as outlined in Schedule A Criteria for Region of Niagara Natural Environment Information Map. 3.3 In addition to providing comments regarding the Niagara Peninsula Conservation Authority statutory responsibilities, the Conservation Authority shall provide both Provincial Plan Review Comments and /or Technical Clearance for those matters outlined in Schedule B Matters Subject to Conservation Authority Review and Technical Clearance Regarding Planning Applications Affecting the Natural Environment. 3.4 The Region and the Area Municipalities agree to use the Niagara Peninsula Conservation Authority staff as Planning and Technical Review experts to support the Region and Area Municipalities environmental and resource management responsibilities in accordance with Schedules A and B. 11 3.5 The Niagara Peninsula Conservation Authority will make provisions for staff to attend Ontario Municipal Board Hearings or similar type hearings and judicial proceedings, upon the request of the Region or Area Municipality, with respect to plan review and technical clearance services provided pursuant to this. Memorandum of Agreement. The Conservation Authority Review and technical clearance work will be funded, for the most part, from Review processing fees paid by the applicant in accordance with the Fee Schedule adopted by the Niagara Peninsula Conservation Authority Board. 3.6 The Region and the Area Municipalities both agree to collect Conservation Authority Review Processing Fees up front, at the time of initial application, in accordance with Schedule B Matters Subject to Conservation Authority Review and Technical Clearance Regarding Planning Applications Affecting the Natural Environment. 3.7 There will be no planning application Conservation Authority Review fees to provide plan input for those official plans, secondary plans, municipal studies, and watershed and sub watershed studies, etc. of a policy nature prepared by (or for) the Region and/or Area Municipalities. 12 4.1 4.2 Part 4 Managing Relationships with Other Governments When a planning matter arises in terms of Provincial interest and the administration of same, area municipalities will channel their concerns through the Regional Municipality with the expectation that the Regional Municipality will facilitate /coordinate an understanding between Provincial authorities and local interests. When a planning matter arises in terms of Federal interest and the administration of same, area municipalities will channel their concerns through the Regional Municipality with the expectation that the Regional Municipality will facilitate /coordinate an understanding between Federal authorities and local interests. 4.3 Where significant planning matters arise from the efforts and activities of neighbouring municipalities, such as the City of Hamilton and the County of Haldimand in Ontario and Erie and Niagara Counties in Western New York, the signatories will present a unified and singular position with coordination being provided by the Region. Continuous Improvement Efforts as Part of MOU Implementation: Organization and Topics 4.4 Methodology for Continuous Improvement 4.4.1 The Planning Review Committee, or its successor, that has overseen the initial Planning Function Review process as well as the creation of this MOU shall continue to meet on an as- needed basis to monitor the MOU implementation, along with continuous improvement efforts resulting from MOU implementation. 4.4.2 Areas Planning Directors and the NPCA representative from the signatories to this MOU shall, upon approval of this MOU, establish a Working Group for the purpose of working on, at a minimum, the continuous improvement initiatives as identified in Section 4.5 of this MOU. 13 4.5 Topics for Continuous Improvement Efforts A non exclusive list of topics for continuous improvement attention, following the endorsement of this MOU, are, in no particular order of importance: identify and /or establish ongoing training and guidance for planners in Regional and Provincial Interests said training to commence within three months of approval of this MOU; further refinement to Schedule C; concurrent processing of applications RPPAs, local OPAs, zoning by -law amendments, plans of subdivision, etc.; methods of providing comments on implementation processing electronic means, checklists, etc.; consistency of municipal procedures; single point for coordination of multi- mandated comments from Region through the Planning and Development Department, not multi positions from as many as three departments (for immediate implementation); exploration and establishment of common definitions, general provisions, and zone categories for zoning by -laws; responsibilities for clearance of conditions for a variety of applications; role of the Ecological and Environmental Advisory Committee (EEAC); skill sets and resource alternatives in the system for specialized review functions; and a GIS based (Geographical Information System) monitoring system for development planning applications. 14 This MOU shall remain in effect until such time as replaced by an updated MOU (if any) that may result from the mandatory Review that would take place no more than two years from the effective date of this MOU. 5.2 5.3 5.1 Part 5 MOU: Duration and Formal Review The mandatory Review authorized by Section 5.1, as conducted by Area Planning Directors and the NPCA representative (Technical Review Committee), shall be overseen by the Planning Review Committee (or its successor) with any final recommended changes being subject to full agreement by all signatories hereto. Disputes arising from the implementation of this MOU by two or more signatories will be subject to the following stages: Step 1: a meeting between the Chief Administrative personnel of the signatories in dispute will be convened, with the expected outcome being a mediated solution. Step 2: in the event that Step 1 fails to result in a resolution to the dispute, the heads of the councils and /or the NPCA Board chair (as the case may be) of the respective signatory agencies will be convened for the purpose of affecting a mediated resolution to the dispute. 15 Part 6 Schedules Schedule A Criteria for Region of Niagara Natural Environment Information Map The Niagara Peninsula Conservation Authority shall prepare and maintain, with the assistance of the Region of Niagara and Area Municipalities, a Natural Environment Information Map for the Region of Niagara. This map will define most of the Region, Area Municipality and Conservation Authority geographic interests in the Natural Environment and shall include: a) all streams and watercourses in the Region of Niagara plus a 15 -metre buffer on either side; b) the Regional Policy Plan Environmental Protection designation plus a 30- metre buffer; c) the Regional Policy Plan Environmental Conservation designation; d) Lake Ontario and Lake Erie shoreline plus a 50 -metre buffer; e) regulated Areas under Section 28 of the Conservation Authorities Act; and, f) mapping of Natural Heritage Features and Areas as defined by the Provincial Policy Statement, Greenbelt Plan, and any other Provincial Policy Document as they become available.• 16 Function Subject to C nse. vation Authority Action. Pla Review Technical Clearance Comment on flooding hazards and erosion hazards (including erosion and slope stability limits) along rivers and streams and CA permit requirements X X Comment on flooding hazards, erosion hazards and dynamic beach hazards associated with the Lake Ontario and Lake Erie Shoreline (including shoreline protection) and CA permit requirements X X Comment on hazardous geology (e.g. karst topography) X X Comment on Lakes' and Rivers impacts (except fisheries) and notify MNR if applicable (technical clr provided by MNR) X Identify if Crown Land Involved and notify MNR if applicable (technical clr provided by MNR) X Identify ANSIs and comment on ANSI impacts and mitigation measures (MNR to be contacted if necessary) X X Comment on and conduct technical review of significant woodland impacts and mitigation X X Comment on and conduct technical review of significant vaileylands impacts and mitigation measures X X Identify need for and conduct technical review of reports on wetland areas (including wetlands under the PPS and Section 28 of the CA Act) impacts and mitigation measures X X Identify wildlife habitats and comment on wildlife habitat impacts and mitigation measures X X Comment on impacts on endangered and threatened species (MNR to be contacted if necessary) X X Comments on and conduct technical review of fish habitat impacts and mitigation (including DFO review where required) X X Identify the need for and conduct technical review of stormwater management plans and design reports (excluding stormwater pipe systems) X X Review for sub watershed planning /master drainage planning X X with Area Municipality X Comment on impacts and conduct technical review of sensitive surface water features, sensitive groundwater features and their hydrologic function (Section 22.2 of PPS) X Schedule B Matters Subject to Conservation Authority Review and Technical Clearance Regarding Planning Applications Affecting the Natural Environment 17 (a) Schedule C Regional Planning's Role in Implementation Planning Applications Official Plan Amendments All official plan amendments are circulated to the Region Zoning By -law Amendment Applications All zoning by -law amendments are circulated to the Region. Draft Plans of Subdivision (a) New Plans the Area Municipality shall circulate all applications for new draft plans of subdivision to the Regional Planning and Development Department for review and comment. (b) Modifications to Approved Plans or Requests to Extend Draft Approval subject to pre consultation, the Area Municipality may circulate requests to modify existing draft plans of subdivision or requests to extend draft plan approval to the Regional Planning and Development Department. Draft Plans of Condominium Vacant Land Condominium Plans the Area Municipality shall circulate all applications for draft plans of vacant land condominium to the Regional Planning and Development Department for review and comment. (b) Other types of Condominium Applications subject to pre consultation, the Area Municipality may circulate all applications to the Regional Planning and Development Department for review and comment. Consents Subject to pre consultation, the Area Municipality may circulate consent applications to the Regional Planning and Development Department under the following circumstances: lands are located outside of an Urban Area; or, property is situated on a Regional road; 18 Minor Variances For all Minor Variance applications, the Area Municipality shall not circulate the application to the Regional Planning and Development Department unless the Area Municipality determines that a Provincial or Regional interest may be affected. Where the property is situated on a Regional road, the application shall be circulated directly to the Regional Public Works Department (or Planning and Development if a one- window approach is used). Site Plan Control For all Site Plan applications, the Area Municipality shall not circulate the application to the Regional Planning and Development Department unless the Area Municipality determines that a Provincial or Regional interest may be affected. Where the property is situated on a Regional road, the application shall be circulated directly to the Regional Public Works Department (or Planning and Development if a one window approach is used). 19 Town of Fort Erie Town of Grimsby Town of Lincoln City of Niagara Falls Signatures The following signatures represent the endorsement of this Memorandum of Understanding by the respective parties: Mayor Clerk Mayor Clerk Mayor Clerk Mayor Clerk 20 Town of Niagara -on- the -Lake Mayor Clerk Town of Pelham Mayor Clerk City of Port Colborne Mayor Clerk City of St. Catharines Mayor Clerk City of Thorold Mayor Clerk 21 Township of Wainfleet Mayor Clerk City of Welland Mayor Clerk Township of West Lincoln Mayor Clerk Niagara Peninsula Conservation Authority Chairman Secretary- Treasurer Regional Municipality of Niagara Chairman Clerk 22 Omsk April 27,2007 TO: All Ontario Municipalities SUBJECT: 2007 Ontario Family Fishing Weekend As you know, the Province of Ontario, in partnership with many nongovernment orga- nizations like the Ontario Federation of Anglers and Hunters, declares one summer weekend (Friday, July 6 through Sunday, July 8, 2007) a licence -free fishing weekend. This special weekend, now run in conjunction with National Fishing Week, July 1 -8, 2007, includes fish festivals, clinics, or conservation and educational activities that may be held in your area. Would you please help us publicize the 2007 Ontario Family Fishing Weekend in any calendar of summer events you may participate in or publish. In addition, please consider "declaring" this date as Ontario Family Fishing Weekend. Please also remember that there will be an Ontario. Family Ice Fishing Weekend Feb- ruary 23 and 24, 2008. There will be more details on this later in the year. For further information, please contact the following during business hours: Ontario Federation of Anglers and Hunters (705) -748 -6324 Ontario Ministry of Natural Resources (705)- 755 -1902 Thank you for your assistance. Yours in Conservation, Mark Cousins Ontario Family Fishing Weekend Steering Committee c/o Ontario Federation of Anglers and Hunters P.O. Box 2800 Peterborough, Ontario K9J 8L5 Fax: (705)- 748 -9577 Imc 05/17/2007 11:38 FAX 905 540 5801 CBS SO REG DIR OFFICE tp�uu3 Mayor's Office The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Said: National Blood Donor Week will be celebrated this year from June 11 -16 and Canadian Blood Services respectfully requests your assistance in making this week a success. Your support will go a long way in thanking donors for their commitment to the well -being of their fellow Canadians and highlighting the need for many more to join the movement. t qu.i st #I Pr'selimatiod We respectfully request that you proclaim the week of June 11 -16 as National Blood Donor Week in the city of Niagara Falls. Your proclamation would be an ideal complement to the National Blood Donor Week proclamation which is currently making its way through the federal parliamentary process. Please find a proclamation template for your reference with this letter. Requestt Flag Raising Canada has been selected as the host country for World Blood Donor Day on June 14 by this year the World Health Organization. Canadian Blood Services and H6ma- Quebec will work in conjunction with Health Canada to thank blood donors around the world for their selfless gifts, and to raise awareness of the universal need for safe blood and blood products. To help raise awareness of the Canadian Blood system, we would ask that you raise the Canadian Blood Services flag at City Hall during the week. If this is possible, we will provide the flag well in advance. Request #3: Attendance at our event On Monday, June 11, Canadian Blood Services will be honouring and thanking our donors at an event in Niagara Falls. We would like for you to attend this event and say a few words on behalf of your City. Here are the details of the event: We have arranged a "media event" for 10 :00 am at the loading dock of the Maid of the Mist We will be honouring our donors, some of whom will be in attendance, with a few words from Rick Campanelli, ET Canada and our Regional Director. We will be taking a bone marrow recipient and her 2 year old daughter on a ride on the Maid of the Mist. This young mother would not be alive today if it were not for her donor. continued... 11:38 FAX 905 540 5801 CBS SO REG DIR OFFICE 0 004 The bone marrow donor, from Alberta, will join the recipient at the event. Media from Niagara Region and Hamilton will be invited. The event will be video taped for a multi -media presentation in Ottawa on June 14, World Blood Donor Day. Background information Our research shows that more than half of Canadians will need blood for themselves or a family member, yet less than four percent of the eligible population donated last year. This year Canadian Blood Services will need to collect 880,000 whole blood donations and recruit 80,000 new donors to meet the needs of patients cancer patients, patients who need life- saving surgery, trauma victims and many others who depend on a stable blood supply year- round. Without the support of the generous volunteer donors in your city, we would not be able to provide this lifesaving service to Canadians. Thank you Thank you in advance for supporting National Blood Donor Week. If you need additional information or have any questions, please contact Cindy Graham at 1- 905 -645 -6578 or by e-mail at cindy. aham blood.ca. Sincerely, Judy Compton Regional Director, Canadian Blood Services Canadian Blood Services it's in you to give Mayoral Proclamation for "National Blood Donor Week" WHEREAS the blood supply in Canada is managed by two not- for profit organizations Herne- Quebec and Canadian Blood Services; WHEREAS Canada has one of the safest blood systems in the world; WHEREAS over half of Canadians will require blood or blood products for themselves or a family member during their lifetime; WHEREAS less than four per cent of eligible Canadians donate blood and blood products every year; WHEREAS more blood donors are needed in Canada to meet the demand for blood and blood products; WHEREAS blood donation includes not only the gift of whole blood, but gifts of plasma, platelets and bone marrow as well; WHEREAS every blood donation has the power to save the lives of up to three people; WHEREAS a greater awareness of the importance of becoming a blood donor is required to engage more Canadians in helping their fellow citizens; WHEREAS blood donors are volunteers who are not remunerated, and therefore the act of donating blood and blood products is genuine act of altruism; WHEREAS blood donors in Canada are the lifeblood of their communities, and their acts of kindness and generosity should be honoured with a national week of celebration; WHEREAS the World Health Organization (WHO)has declared June 14 of every year as "World Blood Donor Day", a day to honour those who give the gift of life; AND WHEREAS, throughout the world, 192 WHO Member States, 181 National Red Cross and Red Crescent Societies, and 50 national voluntary blood donor organizations and blood transfusion specialists have agreed to support World Blood Donor Day each year; NOW, THEREFORE, be it resolved that I, [name], [title] of [city], herby proclaim the week in which June 14 occurs, as "National Blood Donor Week Dated at [place] this [day] day of [month], 2007. yJ UV4 Main Ferry BIA Officers for 2007 -2008 As appointed and ratified at the Main Ferry BIA meeting held 29 May 2007 Chair: Ruth Ann Nieuwesteeg Vice Chair: Bob Muller Treasurer: Dave Paterson Secretary: Don Swalm Directors: Victor Fraone Vijay Kapur Anthony Pingue Total c/o All Tax Bookkeeping 6081 Main Street, Niagara Falls, L2G 6A1 Proposed Budget 2007 Advertising and Promotion Staff Wages Beautification and Revitalization Insurance Storage/Rent Office Expenses Meeting Expenses Hydro Accounting Fees Bicentennial Project Beautification and Revitalization Includes: Landscape Architecture Market Square Revitalization CIP Flower Baskets etc. Contribution to Beautification and Revitalization Reserve 2,000.00 36,850.00 2,500.00 2,000.00 1,200.00 1,000.00 1,600.00 1,000.00 48,150.00 5,000.00 5,000.00 8,000.00 18,850.00 36,850.00 Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Niagara Parks Commission Fireworks The City's Fireworks By -law (By -law 70 -86, as amended) states the following: No person shall hold a fireworks display on public or private property in the City of Niagara Falls to which the public is invited or permitted to attend without first having authorization by City Council. The Niagara Parks Commission have already begun their 2007 Fireworks season. Nonetheless, they have requested Council's approval in the past for their fireworks displays. The NPC, as always, has all requisite insurance and safety measures in place. The company that does their fireworks have done so for many years. RECOMMENDATION: For the approval of Council. Niagara CANADA DATE: June 11, 2007 Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development 05/29/07 09:21 FAX 9053568448 This is to certify lo: The City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 per /ps Authorized Ffepreseniaative ICC NIAGARAPARKS INMMG, FALLS CLERKS '0? 0529 CERTIFICATE OF INSURANCE that policies of Insurance es herein described have been Issued to the Insured named below and are In one at this date- Name of Insured: David Whysall International Fireworks Inc. Address or Insured; 182188 Side Road 20, Orton ON LON 1NO Insurer: Various Insurers as represented by Elliott Special Risks LP Location and Operations to which this Certificate applies: ALL OPERATIONS USUAL TO THE BUSINESS OF THE NAMED INSURED Show Dates: MAY 18, 20, 21, 25, 27 28, 2007 JUNE 1, 3, 8, 10, 15, 17, 22, 24 29, 2007 JULY 1, 4, 6, 8, 11, 13, 15, 18, 20, 22, 25, 27 29, 2007 AUGUST 1, 3, 5, 6, 8, 10, 12, 15, 17, 19, 22, 24, 26, 29 31, 2007 SEPTEMBER 2, 7, 14, 21 28, 2007 OCTOBER 5, 2007 KIND OP POLICY COMMERCIAL CIE IERAL LIABILITY (except eutomobtte) Praducls and/or Completed Operations: INCLUDED POLICY NUMBER 988384 EXPIRY DATE (01:4111/4Y) 21/05/2007 LIMITS OF UABIUIY 5,000,000.00 INCLUSIVE LIMIT (BODILY INJURY AND PROPERTY WAAGE COMBINED) 5,000,000.00 AGGREGATE NOTE: The City of Nlaaara.Felt is added as additional insured but only with respect to liability arising out of the operations of the marled insured. The policy contains a crass- lIabillty clause and shall Indemnity and save harmless the Certificate Flakier from all claims and costs resulting from the negligent acts or omissions of the named Insured. The Insurance afforded is subject to the terms, conditions and exclusions of the applicable policy. This certificate is issued as a matter of information only and confers no rights on the holder and imposes no liability on the Insurer. The Insurer will endeavour to mail to the holder of this certificate THIRTY (30) days written notice of cancellaion of these policies, but assumes no responsibility for failure to do so. Jones DesLauriers Carter Insurance Group Inc. DATE: May 24, 2007 [1001/001 June 11, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -13 Seasonal Business Services Licence RECOMMENDATION: BACKGROUND: NiagarafJalls Working Together to Serve Our Community CD- 2007 -13 That Council approve the by -law to licence Seasonal Business Services, listed later in the agenda. On May 28` staff brought forward a report to Corporate Services Committee on Specific Location Daily Sales licences. It was outlined in the report that the nature of the Specific Location Daily Sales licence was to licence vendors for a limited number of days. Committee empathized with the plight of a local sketch artist who wished to ply his trade outdoors in the tourist core for the entire tourist season. Staff recognized, especially after consultation with the Victoria Centre BIA, that certain outdoor vendors or kiosks could provide some vibrancy to a tourist area with substantial pedestrian traffic. Unfortunately, there was nothing in the City's Business Licensing By -law that provided such a licence, for the length of time requested, for the artist. Staff was directed to look to see what could be done to accommodate such operations, while maintaining some standards and control. In attempting to find a solution, staff was cognizant of the comments provided by the Victoria Centre B.I.A.: 1. vendor operations could provide some vibrancy to a tourist or business area, as long as there are high standards set for such operations, kiosks etc. 2. most of these operations in the Victoria Centre BIA have been eyesores and aesthetically unpleasing, therefore, the BIA would ideally like to have input into future standards. 3. such operations should not sell food or retail items that are readily available in existing businesses in the BIA; however, some services not currently offered should be permitted. 4. the higher the Iicen A g and the more stringent the requirements, the more likelihood of a h'• r ality of service on display. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Corporate Services Department Clerks June 11,2007 Seasonal Business Services Licence 2 CD- 2007 -13 5. no vendors should be on (municipal) public property and there should be greater enforcement by City staff. 6. the specific location daily sales licence seems more appropriate for events such as Rib Fest and, therefore, the City should look at a "seasonal" vendor's permit for the future. Staff is proposing what is called a Seasonal Business Service licence. Unlike the Specific Location Daily Sales licence, this licence will be available in monthly installments or for the duration of the tourist season (Victoria Day weekend to Canadian Thanksgiving). In the meeting with the Victoria Centre BIA, they were specific that such outdoor vendor activities should be limited to "services" and not the sale of retail merchandise or food products. The by -law proposes that a Seasonal Business Service would entail artisan services and the sale of goods that can be produced "on the spot therefore, the types of activities that would be contemplated include sketch artists, calligraphers, hair braiding, temporary tattoos, face painting and jewelry and craft making that can be done instantaneously. These are the types of services that have been operating in the Victoria Centre BIA and Clifton Hill BIA's over the years through the Specific Location Daily Sales licences or conducted illegally, without a valid business licence. It should be noted that the proposed by -law would limit Seasonal Business Services to the Victoria Centre and Clifton Hill BIA's, where there is a high volume of pedestrian traffic and such activities would fit into the current entertainment and business offerings. Similar to other business licences, the application process would require a letter of permission from the private property owner, a detailed drawing depicting the service to be provided in relation to the layout of the property and inspections by the appropriate commenting agencies and City divisions. Procedurally, staff is proposing a "stand alone" by -law for the -time being. If the by -law proves successful, it could be incorporated into a revised Business Licensing By -law. Fee Structure The fee structure is in keeping with what the market will bear and what many operators paid last year through a series of Specific Location Daily Sales licences. There are two fee schemes proposed. A licensee can take out a licence for the duration of the tourist season, at a discount. If a licensee does not want to incur the entire fee up- front, they can pay for monthly licences. The fee structure can adequately be justified by the costs for production, administration and inspection to produce a business licence. In addition, there will be greater demands by valid licensees to ensure that no vendors are operating without a proper business licence; therefore, by -law enforcement, especially on the weekends, will continue to be busy checking the validity of outdoor business operations in the tourist core. June 11, 2007 CONCLUSION: 3 Staff have proposed a business licence scheme that is more seasonal in nature, fits in with the entertainment and business offerings in the tourist core but meets the criteria suggested in consultation with the Victoria Centre BIA. If the Seasonal Business Services by -law proves successful, it can be implemented into a revised, future municipal business licensing by -law. Recommended by: Approved by: Respectfully submitted: Dea Iorfida, C Cie K. E. BC.rden, Acting Executive Di ector of Corporate Services John acDonald, Chief Administrative Officer Mil CD- 2007 -13 June 11, 2007 F- 2007 -21 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: Respectfully submitted: NiagaraJalls Re: F- 2007 -21 Low Income Seniors' Property Tax and Water Rebate RECOMMENDATION: For the information of City Council. BACKGROUND: In the determination of the 2007 Municipal Utility Budget, City Council approved the Low Income Seniors' Water Rebate for the 2007 year. This rebate provides qualifying seniors a rebate of $100. In the 2007 General Operating Budget, Council directed staff to provide a property tax rebate of $100 for low- income seniors. A qualifying senior is now eligible to receive a $200 rebate. To qualify, a senior must receive the Guaranteed Income Supplement. City staff is now prepared to take applications from seniors that may qualify. Applications are available in the Finance Division. The City will be notifying the general public through an information card in the upcoming water and sewer bills, as well as through newspaper advertising. Todd Harri on, Actin Director of Financial Services K. E. Burden, Acting Director of Corporate Services 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca MacDonald, Chief Administrative Officer Working Together to Serve Our Community f I corporate Services Department Finance June 11, 2007 F- 2007 -22 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -22 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $23,266,257.18 for the period May 2, 2007 to May 29, 2007. BACKGROUND: In previous reports pertaining to municipal accounts, the descriptions used to explain expenditures were limited to the following standard descriptions: Contract Services, Consulting Services, Administrative, Materials, Supplies, Equipment, Utilities, Refund, Remittance, Grant, Maintenance and Repairs, Leases and Rents, Donation, Travel /Mileage. Council has requested that staff expand the standard descriptions used in reporting. Staff has expanded the standard descriptions to include Stores /Inventory, Fuel, Subscription, Courier, Petty Cash, Payroll Remittance and Advertising. In addition, staff has expanded the description to include non standard items, for example, water treatment, flooring, and court costs. The accounts have been reviewed by the Acting Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Burden, Acting Executive Director 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Recommended by: Approved by: Respectfully submitted: NiagaraFalls CANADA ge Todd Ham §on, cting Director of Financial Services acDonald, lt;hief Administrative Working Together to Serve Our Community f Corporate Services cer C rporate Services Department Finance CITY OP NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1690649 ONTARIO INC 284612 ONTARIO LIMITED BOB ROBINSON SON CONSTRUCTIO 407 ETR EXPRESS TOLL ROUTE 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTING 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUPP A CAPPELLA NIAGARA A J STONE COMPANY LTD A LOCOCO WHOLESALE LTD ANMYERSS A -1 FLOORING AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACTION CORPORATION ACTION CORPORATION ADEPT WINDOW CLEANING LTD ADEPT WINDOW CLEANING LTD ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALDERTON,NEIL ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS ANIXTER CANADA INC ANTONIO,CHUCK ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES ARBOUR,SUSAN ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD AVIS CAR INC AZTEC ENCLOSURES BA CONSULTING GROUP LTD BAIOCCO CONST CORP BAIOCCO CONST CORP BALDASSARO,VINCE BARCLAY TODD'S BARON ROOFING SIDING LTD BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BBP ENTERPRISES BE -SEEN INC BEL VOLT SALES LTD BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BETTY'S RESTAURANT BETTY'S RESTAURANT BETTY'S RESTAURANT BEV HODGSON IN TRUST BLACK MCDONALD LTD BLP BRONZE INTERN LTD BLT CONSTRUCTION SERVICES BOB ROBINSON SON BOB ROBINSON SON BOB ROBINSON SON BORDEN LADNER GERVAIS BOYS GIRLS CLUB OF NIAGARA Cheque No. Cheque Date Purpose 310733 15- May -2007 DEV CHRGS REFUND 311104 29- May -2007 PRESSURE FLUSHER RENTAL 310731 09 -May -2007 REMITTANCE 310564 08- May -2007 AUTOMOTIVE SUPPLIES 310565 08- May -2007 MAINTENANCE MATERIALS 311005 29- May -2007 ADVERTISING 310570 08- May -2007 MATERIALS 310647 08- May -2007 FRUIT BASKET -P. CORFIELD 310573 08 -May -2007 DONATION 310864 22- May -2007 FLOORING 310865 22- May -2007 MAINTENANCE AND REPAIRS 310735 15- May -2007 MAINTENANCE AND REPAIRS 310566 08- May -2007 MATERIALS 310866 22- May -2007 DATABASE HOSTING 310567 08- May -2007 MAINTENANCE AND REPAIRS 310736 15- May -2007 MAINTENANCE AND REPAIRS 310568 08- May -2007 TOWING 310737 15 -May -2007 TOWING 310867 22- May -2007 TOWING 310569 08- May -2007 MAINTENANCE AND REPAIRS 310738 15- May -2007 MAINTENANCE AND REPAIRS 310868 22- May -2007 MAINTENANCE AND REPAIRS 311006 29- May -2007 MAINTENANCE AND REPAIRS 310869 22- May -2007 MATERIALS 310739 15- May -2007 TRAVEL/MILEAGE 310870 22- May -2007 FUNDING 310740 15- May -2007 MAINTENANCE AND REPAIRS 310571 08- May -2007 CONTRACT SERVICES 310741 15- May -2007 CONTRACT SERVICES 310871 22- May -2007 CONTRACT SERVICES 311007 29-May -2007 CONTRACT SERVICES 311008 29- May -2007 LEASES AND RENTS 310572 08- May -2007 MATERIALS 310742 15- May -2007 STORES /INVENTORY 310743 15- May -2007 TRAVEL/MILEAGE 311009 29- May -2007 TRAVEL/MILEAGE 310872 22 -May -2007 OFFICE SUPPLIES 310744 15- May -2007 REIMBURSEMENT 310745 15-May -2007 STORES /INVENTORY 310873 22 -May -2007 STORES /INVENTORY 310874 22- May -2007 WATER TREATMENT 311011 29- May -2007 CONSULTING SERVICES 310746 15- May -2007 PARKING REFUND 310574 08- May -2007 PERMIT REFUND 310747 15- May -2007 CONSULTING SERVICES 310575 08 -May -2007 CONTRACT SERVICES 310576 08- May -2007 CONTRACT SERVICES 310875 22- May -2007 FUNDING 310729 09- May -2007 SUPPLIES 310577 08-May -2007 MAINTENANCE AND REPAIRS 310578 0B- May -2007 CONSULTING SERVICES 310748 15- May -2007 LEASES AND RENTS 310876 22- May -2007 DEPOSIT FOR CANADA DAY 310581 08- May -2007 SIGNS 310750 15- May -2007 STORES /INVENTORY 310879 22- May -2007 STORES /INVENTORY 310579 08- May -2007 UTILITIES 310580 08- May -2007 UTILITIES 311012 29- May -2007 UTILITIES 310878 22- May -2007 UTILITIES 310582 08- May -2007 MEETING EXPENSES 310880 22- May -2007 MEETING EXPENSE 311013 29- May -2007 MEETING EXPENSE 310751 15- May -2007 TAX REFUND 310752 15- May -2007 MAINTENANCE AND REPAIRS 310881 22- May -2007 MAINTENANCE MATERIALS 310753 15- May -2007 PERMIT REFUND 310583 08- May -2007 CAMERA RENTAL 310754 15- May -2007 CAMERA RENTAL 311014 29-May -2007 EQUIPMENT RENTAL 310755 15- May -2007 INSURANCE CLAIMS 310584. 08- May -2007 GRANT Page 1 of 8 Amount 6,040.00 636.00 178.92 342.00 111.77 150.00 35.91 47.32 390.00 4,027.79 180.12 116.60 21.15 26.45 1,478.70 1,282.60 169.60 308.72 376.30 3,550.66 2,625.43 3,500.42 672.18 10.26 59.50 45.00 487.60 16,381.79 11,382.28 542,037.73 31,926.12 284.49 571.63 1,581.75 17.50 19.00 123.71 252.85 292.00 197.47 1,038.01 17,654.25 191.00 750.00 12,976.01 306,673.34 582,298.93 45.00 225.04 530.00 16,514.03 1,389.61 1,600.00 1,081.20 456.55 670.55 57.00 79.85 57.00 324.04 300.00 300.00 300.00 502.00 2,464.50 177.66 750.00 1,802.00 636.00 636.00 1,650.44 17,500.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BRENNAN,JIM BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK,ANDY BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BROMAC CONST ENG LTD BUNTIN REID BUNTIN REID BUNTIN REID BURSHTEIN,TIM BUSINESS EDUCATION COUNCIL OF NIAGARA CAFC COMMITTEE CAHILL,MARK CALE SYSTEMS INC CAN AM INSTRUMENTS LTD CANADA LAW BOOK CANADA LAW BOOK CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CAPITAL COMMERCIAL PIPE SERVICES LTD CARDINAL COURIERS LTD CARLETON UNIFORMS INC CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CARTER CAR TRUCK RENTALS CATARACT COLLISION CENTRE CEDAR ROOF ONTARIO CENTURY VALLEN CH2M HILL CANADA LTD CH2M HILL CANADA LTD CHAMBER OF COMMERCE NIAGARA FALLS CHAMBER OF COMMERCE NIAGARA FALLS CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,G CHIPPAWA AUTOBODY LTD CHIPPAWA LIONS CLUB CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CLASSIC FIRE PROTECTION INC CLAYDON,JEFF CLUB ITALIA LODGE NO 5 COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINSON,JACK COMMISSIONAIRES COMMISSIONAIRES COOK,EDNA COSTELLO,BRIAN COTTON INC CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CROWN,DOUG& CROWN, ROBIN CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBER SERVICES CYBER SERVICES CYBERBAHN Cheque No. Cheque Date Purpose 310585 08- May -2007 TUITION REIMBURSEMENT 310882 22- May -2007 CONTRACT SERVICES 310586 08- May -2007 STORES /INVENTORY 310756 15- May -2007 STORES/INVENTORY 310883 22- May -2007 STORES /INVENTORY 311015 29- May -2007 STORES /INVENTORY 310757 15- May -2007 SAFETY SHOES 310758 15- May -2007 CONSULTING SERVICES 311016 29- May -2007 TAX REFUND 310588 08- May -2007 CONTRACT SERVICES 310589 08- May -2007 OFFICE SUPPLIES 310759 15- May -2007 OFFICE SUPPLIES 311017 29- May -2007 SUPPLIES 310884 22- May -2007 TUITION REIMBURSEMENT 311018 29- May -2007 MONTHLY CHARGES 310760 15- May -2007 REIMBURSEMENT 311019 29- May -2007 TRAVEUMILEAGE 311020 29- May -2007 GPRS SERVICE 310885 22- May -2007 MAINTENANCE AND REPAIRS 310591 08- May -2007 BOOKS 310761 15 -May -2007 BOOKS 310590 08- May -2007 MAINTENANCE AND REPAIRS 310886 22- May -2007 HARDWARE 310887 22- May -2007 MAINTENANCE AND REPAIRS 310592 08-May -2007 FLASHER CONTRACT 310888 22- May -2007 MATERIALS 310889 22 -May -2007 SECURITY SERVICES 310890 22- May -2007 CONTRACT SERVICES 310593 08- May -2007 COURIER SERVICE 310594 08- May -2007 UNIFORMS 310762 15- May -2007 PUBLICATIONS 310891 22- May -2007 BOOKS 310595 08- May -2007 TRAVEL EXPENSE 310892 22- May -2007 LEASES AND RENTS 310596 08- May -2007 MAINTENANCE AND REPAIRS 311022 29- May -2007 MAINTENANCE AND REPAIRS 310597 08- May -2007 MATERIALS 310893 22- May -2007 CONSULTING SERVICES 311023 29- May -2007 CONSULTING SERVICES 310660 08- May -2007 STATE OF THE CITY LUNCH 310863 16- May -2007 MATERIALS 310894 22- May -2007 WATER 310598 08- May -2007 STORES /INVENTORY 310763 15- May -2007 STORES /INVENTORY 310895 22- May -2007 STORES /INVENTORY 311024 29- May -2007 STORES /INVENTORY 310896 22- May -2007 JANITORIAL SERVICES FOR FIRE f. 310599 08- May -2007 MAINTENANCE AND REPAIRS 311025 29- May -2007 FUNDING 310764 15- May -2007 LEASES AND RENTS 310897 22- May -2007 RENTAL 310600 08- May -2007 LEASES AND RENTS 310765 15- May -2007 MAINTENANCE AND REPAIRS 310602 08- May -2007 TRAVEUMILEAGE 310898 22- May -2007 DONATION 310603 08- May -2007 UTILITIES 310899 22- May -2007 UTILITIES 311026 29- May -2007 TRAVEUMILEAGE 310604 08- May -2007 CONTRACT SERVICES 310900 22- May -2007 CONTRACT SERVICES 310605 08- May -2007 COMPUTER PURCHASE INCENTIVI 310766 15- May -2007 TRAVEUMILEAGE 311027 29- May -2007 MATERIALS 310767 15- May -2007 INSURANCE CLAIMS 310901 22 -May -2007 INSURANCE CLAIMS 310768 15- May -2007 PERMIT REFUND 310606 08- May -2007 PAYROLL REMITTANCE 310769 15 -May -2007 PAYROLL REMITTANCE 310902 22- May -2007 PAYROLL REMITTANCE 311028 29- May -2007 PAYROLL REMITTANCE 310607 08- May -2007 MAINTENANCE AND REPAIRS 310771 15- May -2007 MAINTENANCE AND REPAIRS 310770 15- May -2007 LEGAL FEES Page 2 of 8 Amount 141.10 1,061.59 79.75 458.60 407.81 93.52 125.39 1,885.48 287.98 43,848.70 820.85 94.15 67.48 222.05 175.00 159.60 76.50 923.40 282.14 384.12 384.12 833.16 604.20 3,756.49 910.33 267.12 566.89 24,708.60 28.22 95.76 164.88 111.88 308.71 739.86 3,964.01 2,120.00 1,159.50 19,867.05 55,107.21 95.40 21.20 96.00 1,256.82 2,528.02 130.18 253 26 100.00 2,302.80 34,000.00 10,034.42 107.64 1,918.62 398.56 83.00 100.00 756.86 276.06 84.00 20,570.32 22,642.39 300.00 256.00 1,866.36 2,610.00 4,640.00 750.00 3,701.48 3,692.54 3,701.56 3,754.53 114.48 3,561.49 500.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CYGNAL TECHNOLOGIES CORP T46181 DARNAY,KENDALL DAVIS,WADE DEL BUONO,NICOLA DELL CANADA INC DELL CANADA INC DEMERS,MARGARET DENCO ENGINEERING LTD DEROSE BROS GENERAL CONTRACTING LIMITED DEROSE BROS GENERAL CONTRACTING LIMITED DICKSON,B DIRECT IT CORP DISTRICT SCHOOL BOARD OF NIAGARA DRAFTCON CALAMAR CORP DREN,KARL ELECTRICAL SAFETY AUTHORITY ELECTRICAL SAFETY AUTHORITY ELIA,CHRISTINE EMERALD EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE EVANS,ANDREW EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FALLS AUTO BODY INC FALLS AUTO BODY INC FALLS ELECTRIC INC FEDERAL EXPRESS CANADA LTD FEHRS TROPHY ENGRAVING FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOW KLEEN TECHNOLOGY LTD FLOWMETRIX TECHNICAL SERVICES INC FOTHERINGHAM,DAVID G K SERVICES CANADA INC GALES GAS BARS GALT MACHINE KNIFE SAW GAMBLE,STEVE CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GOFORTH,HANYA GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUNDLOOP PRODUCTIONS GRUBICH,JOHN GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC HANG UPS 99 Cheque No. Cheque Date Purpose 310903 22- May -2007 I/S SERVICES 310904 22- May -2007 FUNDING 310772 15- May -2007 COMPUTER INCENTIVE PLAN 310773 15- May -2007 PERMIT REFUND 310608 08- May -2007 MATERIALS 310774 15- May -2007 COMPUTER EQUIPMENT 311031 29- May -2007 PLOT SELL BACK 311032 29- May -2007 CONSULTING SERVICES 310609 08- May -2007 CONTRACT SERVICES 310905 22- May -2007 CONTRACT SERVICES 310906 22- May -2007 TUITION REIMBURSEMENT 311033 29- May -2007 MATERIALS 311034 29- May -2007 LEASES AND RENTS 310610 08 -May -2007 PERMIT REFUND 310611 08- May -2007 TRAVEL/MILEAGE 310613 08- May -2007 SAFETY PROGRAM 310907 22- May -2007 SAFETY PROGRAM 310614 08 -May -2007 PARADE COSTS 310615 08- May -2007 METER INSTALLATION 310908 22- May -2007 WATER METER 311035 29- May -2007 METER INSTALLATION 310616 08- May -2007 UTILITIES 310776 15- May -2007 UTILITIES 310909 22- May -2007 UTILITIES 311036 29- May -2007 UTILITIES 311037 29- May -2007 EMPLOYEE SUGGESTION 310617 08- May -2007 MATERIALS 310910 22- May -2007 MATERIALS 311038 29- May -2007 MATERIALS 310618 08- May -2007 MAINTENANCE AND REPAIRS 310777 15- May -2007 MAINTENANCE AND REPAIRS 311039 29-May -2007 MAINTENANCE AND REPAIRS 310911 22- May -2007 UNIFORMS 310620 08- May -2007 MAINTENANCE AND REPAIRS 310778 15- May -2007 MAINTENANCE AND REPAIRS 310621 08 -May -2007 MAINTENANCE AND REPAIRS 310779 15- May -2007 DUTY ON CAR MOUNT SHIPMENT 310912 22- May -2007 TROPHY 310622 08-May -2007 MAINTENANCE AND REPAIRS 310913 22- May -2007 CONTRACT WASH 310623 08-May -2007 STORES /INVENTORY 310780 15- May -2007 STORES /INVENTORY 310914 22- May -2007 MATERIALS 311040 29- May -2007 STORES /INVENTORY 311041 29- May -2007 CATCH BASIN MAINTENANCE 311042 29- May -2007 TRAINING 311043 29- May -2007 TRAVEL/MILEAGE 310915 22- May -2007 CLOTHING 310781 15- May -2007 GASOLINE 310782 15- May -2007 MAINTENANCE AND REPAIRS 311044 29- May -2007 LIVESTOCK CLAIM 310624 08- May -2007 MATERIALS 310783 15- May -2007 MATERIALS 310916 22- May -2007 REPAIR PARTS 311045 29- May -2007 MATERIALS 310917 22- May -2007 UTILITIES 310918 22- May -2007 TRAVEL/MILEAGE 310625 08- May -2007 MATERIALS 310919 22- May -2007 ELECTRICAL PARTS 311046 29- May -2007 MATERIALS 311047 29- May -2007 PAYROLL REMITTANCE 310784 15- May -2007 INTERFLEET CHARGES 310626 08- May -2007 CONTRACT SERVICES 310785 15- May -2007 BATTLE OF THE BANDS RECORDIr 310920 22 -May -2007 TUITION REIMBURSEMENT 310627 08- May -2007 STORES /INVENTORY 311048 29- May -2007 STORES/INVENTORY. 310628 08- May -2007 STORES /INVENTORY 310786 15- May -2007 STORES /INVENTORY 310921 22- May -2007 STORES /INVENTORY 310629 08- May -2007 LEASES AND RENTS 310922 22- May -2007 MAINTENANCE AND REPAIRS 310630 08 -May -2007 UNIFORMS Page 3 of 8 Amount 2,970.00 70.00 300.00 750.00 13,902.30 3,031.26 945.00 1,993.67 901.00 39,285.42 300.00 4,173.75 42.40 750.00 163.50 8,294.43 139.12 400.00 556.50 371.00 185.50 87.63 26,902.33 1,586.18 366.78 100.00 112.64 13,906.63 390.80 117.60 988.98 68.90 1,175.67 3,046.53 2,812.99 660.69 202.26 19.88 919.16 385.22 1,051.30 1,207.46 290.70 344.63 11,726.25 2,780.68 128.00 109.00 5,895.83 174.42 150.00 963.21 977.09 6,443.85 5,085.29 382.70 61.50 3,436.60 733.22 1,161.05 70.50 672.50 9,148.91 212.00 222.05 1,822.41 1,337.91 388.74 3,296.31 29.01 627.00 929.10 2,741.47 CITY OF NIAGARA FALLS MUNICIPAL. ACCOUNTS Vendor Name HANG LIPS 99 HARRISON,TODD HENRY W JOSEPH REALTY CORP LTD HICKS,BRUCE HICKS MORLEY HAMILTON STEWART STORIE LLP HILTZ,JOHN HOLMAN,GEOFF HOOVER,GAYLE HOPE,BRENNAN DARRELL HR SYSTEMS STRATEGIES INC HY GRADE PRECAST CONCRETE IBI GROUP ICI CANADA INC IMAGISTICS CANADA INC INDUSTRY CANADA INGENIOUS SOFTWARE INNOVATIVE MUNICIPAL PRODUCTS INC INTEGRATED MUNICIPAL SERVICES INTERNATIONAL BINDING LAMINATING SYSTEMS INC IOANNONI,CARMINE IOANNONI,CAROLYNN IORFIDA,SAM IORFIDA,SAM ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD JACKSON,CHRISTINE JACKSON,DAVE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM KARGO PROPERTIES INC KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENNEY,GERALD KUCHYT,TOM KUIPERS,JANET LAFARGE CANADA INC LANDS FORESTS CONSULTING LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LINCOLN TRUCK BODY MFG INC. LINDSAY PRESS LIVE ON REQUEST TECHNOLOGY SERVICES INC LLEWELLYN,ROZ LOSTRACCO,PIERIONO& LOSTRACCO, MAFALDA LOWE,F PETER LUEY,CATHERINE M J DUMONT ENTERPRISES LTD MANN,DOUG MAR -CO CLAY PRODUCTS INC MARCELLA,FRANK MARINELLI,PASQUALE MATREIZ,KAREN MATTHEW DANIELE MEMORIAL FUND MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCONNELL,LUCILLE MCDONALD DANIEL J IN TRUST MCLEAN KERR LLP MCNAMARA,SUSAN MCRAE,LEN MEDIA PRO INC MEDIA PRO INC MEDIA PRO INC MERCIER,GEORGINA MERIDIAN PLANNING CONSULTANTS INC MICHITSCH,HERBERT MICIELI,TONY MIELE,GERRY MILLER,RODGER MINERVINI,DOMENIC MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION Page 4 of 8 Cheque No. Cheque Date Purpose Amount 310787 15- May -2007 MATERIALS 32173 310923 22- May -2007 PROFESSIONAL DEVELOPMENT 604.20 310788 15 -May -2007 CONSULTING SERVICES 2,120.00 310924 22- May -2007 SAFETY SHOES 150.00 310789 15- May -2007 CONSULTING SERVICES 7,503.91 310925 22- May -2007 FUNDING 45.00 310790 15- May -2007 TRAVEL /MILEAGE 51.00 311049 29- May -2007 CANADA DAY SHOW 300.00 310791 15- May -2007 BUSINESS LICENCE REFUND 45.00 310926 22- May -2007 ANNUAL SUPPORT AND MAINTEN/ 2,650.50 311050 29- May -2007 MATERIALS 971 310792 15- May -2007 CONSULTING SERVICES 3,060.75 310927 22- May -2007 PAINT 179.23 310793 15- May -2007 LEASES AND RENTS 8,499.08 310928 22- May -2007 MATERIALS 276.00 310633 08- May -2007 MATERIALS 31.80 310634 08- May -2007 COLD MIX 2,873.54 310635 08 -May -2007 MATERIALS 28.00 310636 08- May -2007 OFFICE SUPPLIES 932.80 310929 22- May -2007 TUITION REIMBURSEMENT 219.50 310637 08- May -2007 TUITION REIMBURSEMENT 196.87 310794 15- May -2007 TRAVEUMILEAGE 15.00 311052 29- May -2007 TRAVEUMILEAGE 21.15 310638 08- May -2007 SAFETY SHOES 235.93 311053 29- May -2007 TRAVEUMILEAGE 36.00 310795 15- May -2007 TRAVEL/MILEAGE 146.00 310930 22- May -2007 FITNESS EQUIPMENT RENTAL 222.60 310639 08- May -2007 REIMBURSEMENT 45.00 311054 29- May -2007 SERVICE DEPOSIT REFUND 750.00 310640 08- May -2007 SANDING 3,731.20 310931 22- May -2007 EQUIPMENT RENTAL 4,001.50 311055 29- May -2007 SANDING 2,755.15 310796 15- May -2007 TRAVEUMILEAGE 115.00 310641 08- May -2007 MILEAGE- APRIU07 332.50 310642 08- May -2007 MILEAGE- APR /07 51.50 310797 15- May -2007 WINTER SAND 5,993.41 311056 29- May -2007 BADEN POWELL PARK 4,240.00 310643 08- May -2007 MAINTENANCE PARTS 833.71 311057 29- May -2007 STORES /INVENTORY 711.36 310798 15- May -2007 PUBLICATIONS 106.27 310933 22- May -2007 LEGAL SERVICE 248.04 310645 08- May -2007 MAINTENANCE AND REPAIRS 570.00 310935 22- May -2007 BINDING 94.62 310646 08-May -2007 SHOW PRODUCTION SERVICES 912.00 310936 22- May -2007 TRAVEUMILEAGE 138.20 310800 15 -May -2007 TAX UP REFUND 597.92 311002 23- May -2007 PROPERTIES INSPECTED 3,395.00 310801 15- May -2007 TRAVEUMILEAGE 145.00 311065 29- May -2007 UTILITIES 682.29 310802 15- May -2007 2007 EMPLOYEE PURCHASE 300.00 310938 22- May -2007 GROUND TOOLS 875.17 310937 22- May -2007 FUNDING 45.00 310728 08- May -2007 TAX OVERPAYMENT REFUND 692.00 311059 29- May -2007 SERVICE DEPOSIT REFUND 750.00 311030 29- May -2007 SPONSORSHIP 100.00 310803 15- May -2007 SURVEYING SERVICES 5,475.75 310648 08- May -2007 MILEAGE- APRIL /07 66.00 310649 08- May -2007 MILEAGE- APRIU07 54.00 310939 22 -May -2007 TAX REFUND 404.79 310804 15- May -2007 LEGAL SERVICES 11,089.91 310650 08- May -2007 MILEAGE- APRIU07 84.00 311060 29- May -2007 LIVESTOCK VALUERS FEE 60.00 310651 08- May -2007 MOUNTING AND LAMINATING 99.06 310940 22- May -2007 MOUNTING AND LAMINATION PRIt` 22.80 311061 29- May -2007 MOUNTING OF PRINTED MATERIAI 17.10 310805 15 -May -2007 INDIVIDUAL AWARD 32.35 310941 22 -May -2007 NIAGARA FALLS GROWTH STRATE 4,128.05 310806 15- May -2007 REIMBURSEMENT FOR D LICENSE 75.00 310942 22- May -2007 SAFETY SHOES 150.00 311062 29 -May -2007 STONE ART 660.00 311063 29- May -2007 SERVICE DEPOSIT REFUND 750.00 310652 08- May -2007 MILEAGE- APRIU07 260.50 310808 15- May -2007 COURTS COSTS 8,085.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN CRANE MODERN LANDFILL INC MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,JOHN MORRISSEY,DENYSE MOSEK,ANITA MR QUICK SOFT CLOTH MUNICIPAL TAX EQUITY CONSULTANTS INC MUNICIPALITY OF MARKSTAY- MARKSTAY- WARREN FIRE DEPAR MUSSARI,TOM NEDCO NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA COLLEGE STUDENT ADMINISTRATIVE COUNCIL INC NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS HORTICULTURAL SOCIETY NIAGARA FALLS ILLUMINATION BOARD NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS BADMINTON TENNIS LAWN BOWLING CLUB NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS CURLING CLUB NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS IMAX THEATRE NIAGARA FALLS LAWN BOWLING CLUB NIAGARA FALLS LIGHTNING GYMNASTIC CLUB NIAGARA FALLS SUMMER PLAYGROUND NIAGARA FALLS SUMMER SWIM LESSONS COMMITTEE NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA NEWSPAPER GROUP NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA ROADS SUPERVISORS NIAGARA SAW SALES AND SERVICE NIAGARA SHEET METAL NIAGARA SHEET METAL NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA WORSHIP CENTRE NIAGARA.COM NISUS CONSTRUCTION LTD NITSOPOULOS,JIM NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS OACETT Cheque No. Cheque Date Purpose 310555 02- May -2007 REMITTANCE 310944 22- May -2007 REMITTANCE 310653 08- May -2007 PAYROLL REMITTANCE 310807 15- May -2007 PAYROLL 310943 22- May -2007 PAYROLL REMITTANCE 311064 29- May -2007 PAYROLL REMITTANCE 310654 08- May -2007 EQUIPMENT RENTAL 310945 22- May -2007 WASTE PICK UP 310655 08- May -2007 BOYS GIRLS CLUB 310946 22- May -2007 MAINTENANCE CONRACT 311066 29- May -2007 EQUIPMENT RENTAL 310656 08- May -2007 MILEAGE- APR IU07 310657 08- May -2007 MILEAGE APR /07 310809 15- May -2007 PARKING REFUND 310658 08- May -2007 VEHICLE WASHING 310810 15- May -2007 CASINO AND GAMING 310947 22- May -2007 SYMPOSIUM 2007 310811 15- May -2007 PETTY CASH 310949 22- May -2007 INVENTORY /STORES 310950 22- May -2007 AUTOMOTIVE SUPPLIES AND PAR' 310951 22- May -2007 CONSTRUCTION MATERIALS 311067 29- May -2007 CONSTRUCTION MATERIAL 310812 15- May -2007 ADVERTISING 310952 22- May -2007 ADVERTISING 311074 29- May -2007 GRANT 311075 29-May -2007 MEMBER FEE 310665 08- May -2007 PAYROLL REMITTANCE 310815 15- May -2007 PAYROLL REMITTANCE 310957 22- May -2007 PAYROLL REMITTANCE 311078 29- May -2007 PAYROLL REMITTANCE 311068 29- May -2007 GRANT 310659 08- May -2007 FUNDRAISER 311069 29-May -2007 GRANT 310557 03- May -2007 CONTRACT SERVICES 310661 08- May -2007 CONTRACT SERVICES 310953 22- May -2007 DOG TAGS REMITTANCES 311070 29- May -2007 CONTRACT SERVICES 311071 29- May -2007 ROAD SERVICES 310662 08- May -2007 WATER ARREARS 310663 08-May -2007 UTILITIES 310814 15- May -2007 UTILITIES 310860 15- May -2007 WATER ARREARS 310955 22- May -2007 WATER ARREARS 310956 22- May -2007 UTILITIES 311072 29- May -2007 WATER ARREARS 311073 29- May -2007 UTILITIES 310664 08- May -2007 FILM FESTIVAL 311076 29- May -2007 GRANT 311077 29- May -2007 GRANT 311080 29- May -2007 GRANT 311079 29- May -2007 GRANT 310558 03- May -2007 GRANT 311081 29- May -2007 GRANT 310958 22- May -2007 AMBULANCE SERVICE 311082 29-May -2007 ADVERTISING 310666 08-May -2007 UTILITIES 310816 15- May -2007 PROGRAM IMPLEMENTATION 311083 29- May -2007 AIR EMMISSION REDUCTION PRO( 310667 08- May -2007 TRUCK RODEO 2007 310959 22- May -2007 HARDWARE 310668 08 -May -2007 REPLACEMENT PARTS 311084 29- May -2007 MAINTENANCE AND REPAIRS 310669 08 -May -2007 MAINTENANCE AND REPAIRS 310817 15-May -2007 MAINTENANCE AND REPAIRS 310670 08- May -2007 ADVERTISING 311085 29- May -2007 ADVERTISING 310671 08- May -2007 GRANT 311086 29- May -2007 SITE PLAN DEPOSIT REFUND 310813 15- May -2007 COMPUTER NETWORKING 311087 29- May -2007 SNOW REMOVAL EQUIPMENT RE% 310672 08-May -2007 SECURITIES RETURN WATERFROI 310673 08- May -2007 CANADA DAY DEPOSIT 310818 15 -May -2007 SUBSCRIPTION Page 5 of 8 Amount 54,466 23 5,282.60 1,801.83 1,673.60 1,673.60 1,709.60 1,146.39 831.13 2,171.15 330.37 2,650.89 244.00 135.00 20.00 166.42 291.50 450.00 133.56 246.24 6,495.35 144.33 116.92 189.74 1,017.01 800.00 34,550.00 2,078.72 2,060.80 2,060.80 2,060.80 10,000.00 300.00 10,000.00 37,711.87 233.20 155.00 37,711.87 750.00 9,605.38 2,306.64 2,945.51 8,080.71 7,955.83 15,312.38 7,843.17 108,074.52 625.00 4,000.00 1,000.00 15,800.00 15,000.00 27,500.00 27,500.00 45.00 941.28 56.06 5,000.00 5,000.00 40.00 49.81 199.50 2,536.50 3,760.66 206.61 42.40 279.84 250,000.00 14,000.00 152.06 5,565.00 33,665.00 1,500.00 196.52 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name OATLEY,SHAWN OCE- CANADA INC OLDE TOWNE BUILDING COMPANY LTD OLEKSUIK,AL OMERS PAGENET OF CANADA INC PAPER DIRECT PEAK TECHNOLOGIES CANADA PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PENINSULA CONSTRUCTION INC PENINSULA CONSTRUCTION INC PENINSULA CONSTRUCTION INC PENINSULA PURE WATER PENINSULA PURE WATER PERFORMANCE PLUS CHEMDRY PHILIPS ENGINEERING PHILIPS ENGINEERING PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PIPEFLO CONTRACTING CORPORATION PKF CONSULTING POSTAGE BY PHONE PRATA,GUY PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRAXL,W. H PRITCHARD,DAVID PROJECT SHARE PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PTASHNYK,MIKE PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUARANTO,JOE R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC RACINE,LORRAINE RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RBC LIFE INSURANCE COMPANY RBC ROYAL DIRECT CALL CENTER RCI CONSULTING RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL DOORS HARDWARE REVILL,JOSEPH RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED RIVER REALTY DEVELOPMENT (1976) INC ROGERS WIRELESS INC ROTHSAY ROTO ROOTER PLUMBERS RUSSELL AVIATION GROUP RYAN,MRS, SACCO CONSTRUCTION SAFEGUARD. ELEVATOR MAINTENANCE LTD SALCI,TED SCOTIABANK SCOTIABANK SCOTIABANK SEALER WORKS SEALER WORKS SHAHEEN PEAKER LTD SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER Cheque No. Cheque Date Purpose 310674 08- May -2007 REIMBURSEMENT INTERNET FEE 311088 29- May -2007 MONTHLY MAINTENANCE 311089 29- May -2007 SERVICE DEPOSIT REFUND 310960 22- May -2007 REIMBURSEMENT 310675 08- May -2007 PAYROLL REMITTANCE 310961 22- May -2007 UTILITIES 310676 08 -May -2007 OFFICE SUPPLIES 310962 22- May -2007 ANNUAL MAINTENANCE COVERAC 310677 08- May -2007 ROOF INSPECTION-SERVICE CEN 310963 22- May -2007 MAINTENANCE AND REPAIRS 310821 15- May -2007 REPAIR BARRICADE ON PORTAGE 310964 22- May -2007 INSTALL CHAINLINK FENCING 311090 29- May -2007 MAINTENANCE AND REPAIRS 310678 08 -May -2007 WATER SERVICE 310820 15- May -2007 WATER SERVICE 311091 29- May -2007 CLEANING CONTRACT SERVICES 310822 15- May -2007 GRASSY BROOK WATERMAIN 311092 29- May -2007 GRASSY BROOKWATERMAIN CON 311093 29 -May -2007 TREE REMOVAL AND TRIMMING 310679 08- May -2007 SEWER INSPECTIONS 310823 15- May -2007 SEWER INSPECTION 310680 08- May -2007 CASINO CONSULTING 311094 29- May -2007 POSTAGE 310824 15- May -2007 TRAVEUMILEAGE 311095 29- May -2007 TRAVEL /MILEAGE 310681 08- May -2007 CYLINDER RENTALS 310965 22- May -2007 CYLINDER RENTALS 311096 29- May -2007 CYLINDER RENTALS 310682 08-May -2007 SERVICE DEPOSIT REFUND 310966 22- May -2007 FUNDING 310559 03- May -2007 GRANT 311097 29- May -2007 GRANT 310683 08- May -2007 PARK STREET UNDERGROUND SE 310967 22- May -2007 REIMBURSEMENT 310684 08- May -2007 COURIER CHARGES 310825 15- May -2007 COURIER CHARGES 310968 22- May -2007 REMITTANCE 311098 29 -May -2007 SERVICE DEPOSIT REFUND 310688 08- May -2007 CLOTHING 310832 15- May -2007 CLOTHING 311103 29- May -2007 UNIFORM SHIRTS 310969 22- May -2007 TUITION REIMBURSEMENT 310826 15 -May -2007 STORES /INVENTORY 311099 29- May -2007 STORES /INVENTORY 310732 11- May -2007 AD D INSURANCE PREMIUMS 311100 29- May -2007 TAX REFUND 310970 22- May -2007 CONSULTING SERVICES 310685 08- May -2007 PAYROLL REMITTANCE 310827 15- May -2007 PAYROLL REMITTANCE 310971 22- May -2007 PAYROLL REMITTANCE 311101 29- May -2007 PAYROLL REMITTANCE 310687 08- May -2007 HARDWARE 310830 15- May -2007 2007 INDIVIDUAL AWARD 310831 15- May -2007 APPRAISAL REPORT 311141 29- May -2007 COST SHARE DEERFIELD ESTATE 310973 22- May -2007 UTILITIES 310689 08- May -2007 MAINTENANCE SUPPLIES 311105 29 -May -2007 PIPE REPLACEMENT 311106 29-May -2007 ADVERTISING 310690 08- May -2007 REFUND 310833 15- May -2007 SNOW PLOWING 310974 22- May -2007 MAINTENANCE CONTRACT 311107 29 -May -2007 TRAVEL ALLOWANCE 310691 08- May -2007 PURCHASE CARD 310730 09- May -2007 US DRAFT 310834 15- May -2007 U S DRAFT 310975 22- May -2007 PAVEMENT MARKING PAINT 311106 29- May -2007 LINE PAINTING 310692 08- May -2007 TESTING SERVICES GRASSY BRO 310693 08- May -2007 PAINT 310976 22-May -2007 PAINT SUPPLIES 311109 29- May -2007 PAINTS 310977 22- May -2007 CONTRACT SERVICES Page 6 of 8 Amount 49.75 1,979.22 750.00 15.00 189.94 352.66 144.10 2,799.61 564.54 512.70 1,546.83 3,044.24 360.40 350.00 50.00 593.60 50,166.34 20,997.70 7,568.40 6,911.20 25,237.67 6,343.31 21,200.00 22.50 23.50 1,551.37 93.31 103.63 750.00 45.00 21,043.63 21,038.63 468,484.28 25.06 176.40 62.72 23.75 750.00 4,214.34 17,532.55 205.60 215.73 266.23 165.76 2,459.46 51.86 742.00 209 379 17 197,680.34 205,725.07 214,482.28 190.80 36.54 1,111.94 534,817.69 2,316.90 4028 424.00 159.00 193.90 3,747.10 271.36 1,155.00 134,148.26 331.29 279.38 708.88 1,656.70 1,156.46 1,864.59 716.87 2,503.62 88.90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SICO INC SICO INC SICO INC SICO INC SIGNATURE SIGNS SIMCOE GLASS ALUMINUM SIMCOE GLASS ALUMINUM SIMONS RESTAURANT SMITH,LEE SPECK INDUSTRIES INC ST CATHARINES DISTRICT SHRINE CLUB STAMFORD CENTRE VOLUNTEER FIREMENS ASSOCIATION STAMFORD LIONS CLUB INC STAMFORD LIONS MEMORIAL HALL STANDARD RADIO INC STAR COLLISION SERVICE STINSON EQUIPMENT LIMITED STREAMLINE STREAMLINE STREAMLINE SULLIVAN MAHONEY SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUPERIOR PROPANE INC SUPERIOR PROPANE INC T.B VAILLANCOURT CONSTRUCTION INC TALK WIRELESS INC TAOIST TAI CHI SOCIETY OF CANADA TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC THE CAMERA PLACE FOTO SOURCE THE DRAFTING CLINIC CANADA LTD THE DRAWING CENTRE THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE GREENFIELD GROUP LTD THE GREENFIELD GROUP LTD THE JACKET CELLAR THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE UNIVERSITY OF WESTERN ONTARIO THISTLEWAITE YARDWORKS THOMPSON,JEFFRy TORONTO STAMP INC TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TREASURE HOUSE IMPORTS LTD TUDINI,SELENE TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC Cheque No. Cheque Date Purpose 310694 08 -May -2007 MATERIALS 310835 15- May -2007 MATERIALS 310978 22- May -2007 INVENTORY /STORES 311110 29- May -2007 STORES /INVENTORY 310695 08- May -2007 VEHICLE LOGOS 310696 08- May -2007 GLASS REPLACEMENT 310979 22- May -2007 REPAIR MATERIALS 310697 08- May -2007 SPORTS WALL OF FAME 310980 22- May -2007 PETTY CASH 310698 08- May -2007 T SHIRTS FOR SCHOOLS IN BLOO 310701 08- May -2007 SPONSORSHIP 311112 29- May -2007 GRANT 311111 29- May -2007 GRANT 310699 08- May -2007 ADVERTISING 310836 15- May -2007 ADVERTISING 310700 08- May -2007 AUTOMOTIVE REPAIRS 310702 08- May -2007 EQUIPMENT RENTAL 310703 08- May -2007 REPAIRS 310837 15- May -2007 BUCKET SEAT REPAIRS 310981 22- May -2007 TARP REPAIRS 310982 22- May -2007 LEGAL SERVICES 311113 29- May -2007 LEGAL SERVICES 310838 15- May -2007 REMITTANCE 310862 16- May -2007 INSURANCE PREMIUMS 310704 08- May -2007 PROPANE USAGE 310839 15- May -2007 PROPANE USAGE 311124 29 -May -2007 MAINTENANCE AND REPAIRS 310983 22- May -2007 CANOPY RENTAL 311114 29- May -2007 REBATE FOR CHARITABLE ORGAA 310841 15- May -2007 UTILITIES 310705 08- May -2007 UTILITIES 310842 15- May -2007 UTILITIES 310843 15 -May -2007 UTILITIES 311115 29- May -2007 EQUIPMENT 310844 15- May -2007 FILM 311116 29- May -2007 MATERIALS 310706 08- May -2007 MATERIALS 310707 08- May -2007 MAINTENANCE AND REPAIRS 310984 22- May -2007 EQUIPMENT RENTAL 311117 29- May -2007 EQUIPMENT RENTAL 310708 08-May -2007 SNOW PLOWING 310985 22- May -2007 SNOWHAULING 311118 29- May -2007 UNIFORMS 310846 15 -May -2007 CONCESSION SUPPLIES 310709 08- May -2007 BUSINESS CARDS 310847 15- May -2007 BUSINESS CARDS 310986 22- May -2007 BUSINESS CARDS 310556 03- May -2007 KITCHENER ST CONSTRUCTION 310686 08- May -2007 HHW PROGRAM 310828 15- May -2007 APPLICATION FEE 310829 15- May -2007 APPLICATION FEE 310861 16- May -2007 TAX LEVY 311003 23- May -2007 LEACHATE CREDIT 311004 23- May -2007 SIGNS 311102 29- May -2007 EQUIPMENT RENTAL 310987 22- May -2007 ADVERTISING 310849 15- May -2007 REMITTANCE 311119 29-May -2007 YARD MAINTENANCE 311120 29- May -2007 SAFETY SHOES 310988 22- May -2007 OFFICE SUPPLIES 311139 29- May -2007 NIAGARA FALLS TOURIST PARKIN( 311140 29- May -2007 HURON STREET OPENING 310850 15- May -2007 LOGO PINS 310989 22- May -2007 TUITION REFUND 310710 08- May -2007 MILEAGE APR /07 310711 08- May -2007 MILEAGE- APRIU07 310712 08- May -2007 STORES /INVENTORY 310851 15- May -2007 MATERIALS 310990 22- May -2007 STORES /INVENTORY 311122 29- May -2007 STORES /INVENTORY 311123 29- May -2007 PAYROLL REMITTANCE 310852 15-May -2007 WARREN CREEK WATERSHED 310714 O8 -May -2007 CLIFTON HILUVICTORIA INTERSEC Page 7 of 8 Amount 413.36 1,418.16 2,651.01 146.55 2,793.00 291.03 451.13 50.75 132.33 655.50 232.00 15,200.00 6,000.00 100.00 265.00 6,155.17 15,847.69 507.30 296.40 364.80 4,006.06 12,000.73 791.63 255,826.51 1,127.38 31.35 2,014.00 106.75 1,713.60 2,768.89 1,359.21 413.19 7,354.58 50,314.75 188.10 377.97 105.04 22,768.08 17,875.20 8,299.20 5,559.70 9,314.65 447.45 286.50 124.26 279.30 141.36 1,100.00 1,502,301.83 2,300.00 1,200.00 14,175,207.00 1,529,470.66 7,087.75 9,472.01 8,028.94 583.92 206.70 136.79 743.62 4,834.99 24,086.49 3,900.80 86.51 161.00 60.00 204.16 315.12 36.59 49.28 1,557.50 4,216.42 2,378.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name URBAN METRICS INC V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VALLANCE,JESSICA VANCOR SUPPLY VANCOR SUPPLY VAUGHN,LINDA VCR VIDEO WAREHOUSE INC VIC VATRT CONTRACTING LTD VIEIRA,LUIS M VIG,WAYNE VIKING CIVES LTD VILLAGE OF CHIPPAWA CITIZEN S COMMITTEE WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS ASPHALT WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WHITE HILL TURNER MOORE LP CGA WIDDRINGTON,STEVE WILSON,DAN WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WOODINGTON SYSTEMS INC WOODWARD,REGIS& WOODWARD, MAY WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB YELLOW PAGES GROUP YMCA YMCA YWCA ST CATHARINES YWCA ST CATHARINES ZANCHIN TRUCK TRAILER INC Cheque No. Cheque Date Purpose 310853 15- May -2007 CONSULTING SERVICES 310993 22- May -2007 CONTRACT SERVICES 310715 08- May -2007 INSTALLATION OF LASERFICHE IN' 310991 22- May -2007 CARTEGRAPH IMPLEMENTATION 310992 22- May -2007 FUNDING 310716 08- May -2007 HYDRANT PARTS 311125 29- May -2007 REPAIR CLAMPS 311126 29- May -2007 SERVICE DEPOSIT REFUND 311127 29- May -2007 OFFICE SUPPLIES 310717 08- May -2007 MECHANIC ST AND KELLER ST 310854 15- May -2007 PARKING INFRACTION REFUND 310994 22- May -2007 TRAVEL/MILEAGE 310995 22 -May -2007 PARTS FOR DUMP TRUCKS 311128 29- May -2007 GRANT 310719 08- May -2007 MATTS 310855 15- May -2007 MATTS 310996 22- May -2007 MATTS 311129 29- May -2007 GRANULAR STONE 310718 08- May -2007 TAX REFUND 311130 29- May -2007 GRANULAR MATERIALS 310721 08- May -2007 STORES /INVENTORY 310856 15- May -2007 STORES/INVENTORY 310722 08- May -2007 FUNDRAISER 310998 22- May -2007 BATTLE OF THE BANDS 310999 22- May -2007 TUITION REIMBURSEMENT 311131 29- May -2007 CARETAKER SERVICES 310560 03- May -2007 GRANT 311132 29- May -2007 GRANT 311000 22- May -2007 MAY AIRTIME 310561 03- May -2007 GRANT 310723 08- May -2007 BOWLING TOURNAMENT 2007 311133 29- May -2007 GRANT 310724 08- May -2007 CONTAINER 311134 29- May -2007 REFUND 310725 08- May -2007 FUEL 310857 15- May -2007 FUEL 311001 22- May -2007 FUEL 311135 29- May -2007 FUEL 310858 15- May -2007 REMITTANCE 310726 08- May -2007 ADVERTISING 310727 08- May -2007 HEATING COSTS 311136 29- May -2007 PAYROLL REMITTANCE 310562 03- May -2007 GRANT 311137 29- May -2007 GRANT 311138 29- May -2007 STORES /INVENTORY Page 8 of 8 Amount 28,606.96 13,296.85 4,788.00 8,461.56 70.00 8,499.04 179.73 750.00 108.30 35,344.87 31.00 126.00 4,834.54 1,151.00 316.35 10.97 46.64 2,626.61 2,745.06 3,303.71 11,874.24 12,829.11 120.00 200.00 346.04 65.00 31,666.67 31,666.67 5,608.40 2,083.37 120.00 2,083.37 84.80 2,054.40 1,020.97 24,934.61 7,420.36 29,879.20 35,464.76 28.41 1,600.51 30.00 5,181.87 5,181.87 49.59 Total 23,266,257.18 June 11, 2007 MW- 2007 -53 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagar CANADA Re: MW- 2007 -53 McGarry Drive at Parkside Road Intersection Control Review RECOMMENDATION: That an all -way stop be installed at McGarry Drive and Parkside Road. BACKGROUND: At the request of an area resident, staff has conducted a traffic control review at the intersection of McGarry Drive and Parkside Road. This request originated as a result of motorists exceeding the legal speed limit of Parkside Road. Both intersecting roadways are minor collectors, with two travel lanes, one in each direction. McGarry Drive extends in an east/west direction, while Parkside Road extends in a north /south direction. Sidewalks are present on both sides of both roadways and they are separated from the edge of the road by a boulevard and curbing. The intersection is currently controlled by a stop sign on McGarry Drive facing eastbound and westbound motorists. Studies have been carried out at the intersection to determine whether an all -way stop control is warranted at this location. The studies include observations, manual speed studies, a visibility study, a collision review and a traffic volume count at the intersection which was applied to the City of Niagara Falls Residential All -way Stop Warrant. Observations revealed that the existing stop signs are in good condition and clearly visible to motorists approaching the intersection. The speed studies conducted on Parkside Road, where the speed issue has been noted to occur, reveal that the 85 percentile speed, or the speed which the majority of motorists travel at or below is 53 km /h between McGarry Drive and Kelly Drive. Typically, a speeding problem occurs when majority of motorists travel at least 10 km /h in excess of the speed limit. Given the 50 km /h speed limit of Parkside Road, a speeding problem has not been observed. The visibility study conducted at the intersect', a veals that visibility for motorists on McGarry Drive is 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 Community Services Department Transportation Services June 11,2007 2 MW- 2007 -53 adequate when viewing traffic to the north and south onto Parkside Road from the east approach only. On the west approach, visibility is adequate viewing traffic to the south. However, sight lines to the north reveal a maximum distance of 97 metres, well below the minimum criteria of 125 metres. The reason for the inadequate sight lines is the road curvature of Parkside Road immediately north of McGarry Drive. The intersection carries an average of 125 vehicles per hour during the highest 8 -hour period, split almost evenly (51/49) between intersecting roads. A questionnaire was delivered to each homeowner residing within 75- metres of the intersection, which allows them to provide input into the type of control they prefer at the study intersection. A total of twenty -four (24) questionnaires were delivered, of which nine (9), or 38% of the completed questionnaires were returned. All of the homeowners that returned a questionnaire were in favour of an all -way stop at the study location. Given the inadequate sight distance for the one intersection approach which cannot be rectified, the technical portion of the City of Niagara Falls Residential All -way Stop Warrant has been fulfilled. Therefore, it is recommended that an all -way stop control be installed at the intersection of McGarry Drive at Parkside Road. Recommended by: Approved by: Respectfully submitted: Karl Dren, Director of Transportation Services Ed Dujlovic, ec e Director of Community Services John f a ;Donald, Chief Administra e Officer B. Skiba S: \TPS \TPS 1.00 Administration\TPS 1.06 Reports12007 Community Services106 Jun 11 \MW- 2007 -53 McGarryDrive Parkside Road- Intersection Control Review.wpd June 11, 2007 MW- 2007 -48 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -48 Centre Street By -law 89 -2000 Update RECOMMENDATIONS: NiagaraJalls CANADA That By -law 89 -2000 regulating parking and traffic on City roads be updated to reflect the existing field conditions listed below: 1) A "No Stopping, Tow Away Zone, April 1 to September 30" be added to Schedule A of By -law 89 -2000 on the north side of Centre Street between a point 22 metres west of Victoria Avenue and a point 62 metres west of Victoria Avenue; and, 2) A "No Stopping Tow Away Zone" be added to Schedule A of By -law 89 -2000, on the north side of Centre Street between a point 62 metres west of Victoria Avenue and Ellen Avenue. BACKGROUND: In the study area Centre Street is an 8.0 -metre collector roadway. A single solid yellow directional dividing line separates 4.0 -metre opposing travel lanes. Various parking restrictions are present in the area to ensure that motorists are not required to cross the directional dividing line into the opposing travel lane by providing an unobstructed traffic progression. The presence of these parking restrictions is crucial during the tourist season when traffic volumes significantly increase. A pay and display parking ticket dispensing machine is operational on the north side of Centre Street between Victoria Avenue and Ellen Avenue from October 1 to March 31 when vehicular traffic volumes are significantly lower. However, it was discovered that although "no stopping, tow away zone" signs are present in the field during the summer, Schedule A of By -law 89 -2000 does not presently reflect these restrictions. Therefore, to ensure that the aforementioned stopping restrictions are legally valid and enforceable, it is recommended for them to be added to the By -law. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services June 11, 2007 -2 MW- 2007 -48 Recommended by: Approved by: Respectfully submitted: Tim Burshtein Karl Dren, Directoo of Transportation Services Ed Dujlovic, E cutive Director of Community Services dt ►I hn MacDonald, Chief Administrative Officer S:1TPSITPS 1.00 Administration\TPS 1.08 Reports12007 Community Services106 Jun 111MW- 2007.48 Centre Street By -law 89 -2000 Update.wpd 1 1 1 1 1 1 0 O z June 11, 2007 MW- 2007 -51 Members: Re: MW- 2007 -51 Crowland Avenue Grassy Brook Road Signing Revisions Niag ara His Worship Mayor Ted Salci n and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATIONS: 1. That the regulatory signing revisions outlined in this report be approved. 2. All schedules in parking and traffic by -law 89 -2000 referencing the closed segments of Crowland Avenue and Grassy Brook Road be amended as necessary. BACKGROUND: At its October 31, 2006 meeting, City Council approved the closure and conveyance of a segment of Grassy Brook Road and Crowland Avenue to the abutting developer. The road closures will include the termination of Grassy Brook Road halfway between Montrose Road and Crowland Avenue. A proper turning basin will be constructed at the road terminus. Likewise, a proper turning basin will be constructed just beyond the last residence on Grassy Brook Road, east of Morris Road. Crowland Avenue, north of Biggar Road will not longer function as a public road. The Grand Niagara Resort will use this link as their primary driveway as an interim measure prior to constructing a permanent driveway to the west. A number of signing revisions are required to inform drivers of the new road network. They include: Regulatory Signs Installation of "Heavy Vehicles Prohibited" signs with "Up to $5,000 fine" tabs on Grassy Brook Road, west of Montrose Road. All deliveries for the Grand Niagara Resort will be required to use the Biggar Road access; and, Installation of "No Parking" restrictions within both turning basins. 4310 Queen Street, P.Q. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services June 11, 2007 .1j) Warning Guidance Signs Installation of "No Exit" signs at the entrance to the two new cul -de -sacs; Installation of "Checkerboard" signs at the end of each cul -de -sac; Replacement of the existing "Cross Intersection Ahead" signs on Biggar Road to "Tee Intersection Ahead" signs; Installation of customized "Private Driveway" signs on the former section of Crowland Avenue, north of Biggar Road; and, Removal of about 40 traffic signs within the closure limits that are City assets. The total cost for the above works is estimated at $4820, including labour costs. All associated signing works have been paid for by the developer in full. All parking and traffic by -laws that are affected by the road closures will either need to be removed or revised accordingly. Recommended by: Approved by: Respectfully submitted: -2-- MW-2007-51 Karl Dren, Director of Transportation Services Ed Dujlovic, xecutive Director of Community Services n MacDonald, Chief Admin trative Officer J. Grublch S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports12007 Community Services \06 Jun 11 \MW- 200751 Crowland Ave Grassybrook Rd Signs.wpd June 11, 2007 MW- 2007 -57 RECOMMENDATION: Niagaraf1alls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -57 Centre Street/Clifton Hill at Victoria Avenue By -law Update 1) That Parking and Traffic By -law 89 -2000 be amended to remove references related to the northbound yield sign and the pedestrian crossing prohibited on the south leg of the intersection of Centre Street/Clifton Hill at Victoria Avenue. BACKGROUND: Interim intersection improvements have been completed at Centre Street/Clifton Hill and Victoria Avenue prior to the Victoria Day long weekend. The improved layout permits pedestrian crossing on all four approaches. Therefore, the pedestrian crossing prohibition for the south leg is no longer valid. The yield sign previously regulating the channelized northbound right turn movement has been removed. Parking and Traffic By -law needs to be amended to remove these references. Recommended by: Approved by: Respectfully submitted: J. Grubich S:1TPSITPS 1.00 Administration\TPS Karl Dren, Director of Transportation Services Ed Dujlovic; Executive Director of Community Services MacDonald, Chief Administr, tive Officer 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca 07 Community Services106 Jun 111MW- 2007 -57 Clifton Hill Victoria Working Together to Serve Our Community Community Services Department Transportation Services June 11, 2007 MW- 2007 -56 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraf1alls CANADA Re: MW- 2007 -56 Contract 2007- 168 -06 Bridge Street Watermain Replacement Stanley Avenue to Third Avenue That the unit prices submitted by the lowest tenderer Cotton Construction 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. BACKGROUND: The Tender Opening Committee, in the presence of the City's Purchasing Manager, Mr. Ray Miller, opened tenders on Tuesday, May 22, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Eleven (11) Contractors and Seven (7) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1.Cotton Construction 2.Peters Excavating Inc. 3.DeRose Brothers 4.Condotta Construction 5.Nexterra Substructures 6.Alfidome Construction 7.Provincial Construction Niagara Falls Fort Erie Thorold Thorold Niagara Falls Niagara Falls Niagara Falls Working Together to Serve Our Community 724,185.00 730,925.00 761,351.88 785,312.15 796,525.00 802,274.00 816,305.79 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Departmt Municipal Works June 11, 2007 2 MW- 2007 -56 The lowest tender was received from Cotton Construction in the amount of 724,185.00. Although this contractor has not performed similar type projects for the City, additional meetings were held and the contractor has proven the ability of its employees to complete such a project based on previous construction experience. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 785,000.00. Project Costs: Awarded Contract (excluding GST) 724,185.00 Total 724,185.00 Funding: 2007 Watermain Replacement Program (Account No. 12 -3- 430003 030000) 724,185.00 Total 724,185.00 This project is scheduled to commence construction July 3, 2007 and all work is to carry through up to the scheduled 40 working days. Council's concurrence with the recommendation made would be appreciated. Geoff Holm n, Director of Municipal Works Recommended by: Approved by: Respectfully submitted: Ed Dujlovic, Executive Director of Community Services MacDonald, Chief A. ministrati e Officer F. Tassone S:\REPORTS\2007 Reports\MW- 2007 -56- Contract 2007 168 -06 Bridge Street Watermain Replacement.wpd June 11, 2007 MW- 2007 -58 Niagaraj7alls C ANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -58 Consultant Appointment Delaware Street/Dawlish Avenue /Roger Crescent Watermain Replacement RECOMMENDATION: 1) That the City of Niagara Falls, in accordance with the City's Consultant Selection Policy, enter into a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the design of a watermain replacement project on Delaware Street from Drummond Road to Main Street, on Dawlish Avenue from Culp Street to Symmes Street, and on Roger Crescent from Stanley Avenue to the Westerly Limit, 2) that the upset limit of project is $33,197.00, excluding GST and, 3) that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: In 2006, staff determined that the watermains on Delaware Street from Drummond Road to Main Street, and on Dawlish Avenue from Culp Street to Symmes Street required replacement to provide an increased service to the residents and surrounding businesses. The existing cast iron watermains are extremely old, in excess of 100 years, and provide a low level or service (low flow conveyance factor). In early 2007, staff determined that the watermain on Roger Crescent required replacement. Hydrant flow testing on Roger Crescent indicated inadequate fire flow capability and the watermain has a history of frequent breakages. Replacement of the watermain will increase fire flow capacities and improve the level of service to residents. As per the City's Consultant Selection Policy, direct appointment for consultants up to $60,000.00, Kerry T. Howe Engineering Limited has been selected to complete this work. This consultant has previously performed similar type of work for the City of Niagara Falls, and is well familiar with City policies, procedures and standards for watermain replacement design. We, therefore, are of the opinion that this consultant is capable of successfully undertaking this project. 4310 Queen Street, P.O. Box 1023, Niagara falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalis.ca Working Together to Serve Our Community Community Services Department Municipal Works June 11, 2007 2 MW- 2007 -58 The design and completion of the subject project will provide an increased level of service to the local residents in both potable water and firefighting flows as well as improving the City's conveyance system. The project design will be completed through the summer of 2007 with a fall of 2007 target for construction. The funding source for this project is identified in the 2007 Capital Budget as part of the annual watermain replacement program. Funding: Watermain Replacement Program G/L #12 -3- 430003 030000 Council's concurrence with this report would be appreciated. Recommended by: Approved by: Respectfully submitted: Geoff Holm Ed Dujlovic, Executive Director of Community Services Joh I\facDonald, Chief Administrative Offic K. Schachowskoj S:IREPORTS12007 Reports\MW- 2007 -58 Delaware Dawlish Roger Watermain Replacement.wpd 33,197.00 June 11, 2007 MW- 2007 -60 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -60 Contract 2007 184 -06 Maple Street Storm Separation Victoria Avenue to Second Avenue RECOMMENDATION: NiagaraJalls CANADA That the unit prices submitted by the lowest tenderer Provincial Construction be accepted and; that 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. BACKGROUND: The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 29, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Eleven (11) Contractors and Five (5) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1.Provincial Construction Niagara Falls 1,897,731.94 2.Comer Group Ltd. Concord 2,074,299.00 3.Gibbons Contracting Stevensville 2,166,402.15 4.Nexterra Substructures Niagara Falls 2,240,439.30 5.Peter's Excavating Fort Erie 2,689,494.10 The lowest tender was received from Provincial Construction in the amount of 1,897,731.94. This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. 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 Community Services Departmc Municipal Works June 11, 2007 -2 MW- 2007 -60 The engineer's estimate for this contract was 2,100,000.00 Project Costs: Awarded Contract (excluding GST) 1,897,731.94 Funding: 2007 Capital Program Roads (Account No. 12 -3- 310043 030000) 2007 Capital Program Storm Sewer (Account No. 12 -3- 420017 030000) 2007 Capital Program Sanitary Sewer (Account No. 12 -3- 410010 030000) 2007 Capital Program Watermain (Account No. 12 -3- 430003 030000) Total This project is scheduled to commence construction July 16, 2007 and all work is to carry through up to the scheduled 60 working days. Council's concurrence with the recommendation made would be appreciated. 0(4_, Total 1,897,731.94 312,994.36 1,219,810.02 232,855.58 132,071.98 1,897,731.94 Recommended by: Approved by: Respectfully submitted: 17 21 e4 4%.el \i John Donald, Chief Administrativ Officer Geoff Holman, Director of Municipal Works Ed Dujlovic, E utive Director of Community Services F. Tassone S:\REPORTS12007 Reports MW-2007-60- Contract 2007 184-06 Maple Street Storm Separation Victoria to Second.wpd CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Antica Pizzeria Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Antica Pizzeria located at 5785 Victoria Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated May 2, 2007 and made between Antica Pizzeria Inc. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the licencing of a Sidewalk Cafe in front of 5785 Victoria Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this 11' day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007. June 11, 2007. June 11, 2007. THIS AGREEMENT made this 2" day of May, 2007. BETWEEN: ANTICA PIZZERIA INC. Hereinafter called the "Licensee" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5785 Victoria Avenue, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1' to October 31s in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1", 2007 and shall terminate on October 31 2012, subject to its earlier termination. 4. The Licensee shall pay a fee of Four Hundred Forty -Two Dollars and Seventy -Five Cents ($442.75) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of -2- the City in advance on the 1" day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indetnnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the Loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed -3- changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules «A„ "B" and "C". 14. Any notice to be given pursuant to this licence maybe delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: Antica Pizzeria Inc. 5785 Victoria Avenue Niagara Falls, ON L2E 3L6 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. -4- (3) The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at anytime bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency. This includes increased sidewalk width to accommodate increased pedestrian volume. (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. -5- 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessaryhadbeen and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind the Corporation. ANTICA PIZZERIA INC. L Name: John Masci a )Title: President /6 Name: Dore Mascia Title: Secretary /Treasurer THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk -6- SCHEDULE "A" to an Agreement dated May 2, 2007 between ANTICA PIZZERIA INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Lot 16 Plan 1002 Town of Niagara Falls as in R0371441; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64345 -0071 LT SCHEDULE "B" to an Agreement dated May 2, 2007 between ANTICA PIZZERIA INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS -7- -8- SCHEDULE "C" to an Agreement dated May 2, 2007 between ANTICA PIZZERIA INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls Canada SIDEWALK CAFE GUIDELINES Planning and Development. Connell Approval September 12, 1994 Revised March 2003 Introduction: The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibility.with adj acent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). Bach application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council ofthe Corporation of the City ofNiagara Palls, its officers and employees are not bound by the information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zoning By-law, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: Outdoor Private Cafe means an outdoor area located entirely within the limits ofprivate property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the sama property. Sidewalk Cafe means that portion ofmunicipalproperty between the property line andthetravelled portion ofaroad used on a seasonal basis for tables and/or seating where raeals and/or refreshments are served and consumed in conjunction with arestaurant. Seasonal means the six month period from May 1 to October 31, both inclusive. viv Sidewalk Cafe Guidelines L.1. 1W 91•M Yw 91.M Paiitagai 2 Zoning: A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing Itilding as defined in the Zoning By -law and have arestaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on tho requirements of the Ontario Building Cod; fire regulations and zoning by -laws when applicable. Criteria: Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site specific basis. Iu most cases, an unobstructed sidewalk width of 3.0 metres (10.0 feet) shs11 be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width maybe reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavypedestrian traffic, orincreased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not nonnallybe considered where the total sidewalk width is 3.9 metres (13.0 foot) or less. FIGURE 2 PEDESTRIAN MOVEMENT M1 'ea^1h f.A'th.'s- n{r"\s. Y:.; V4Lt.4e;1`�Irlwv fin d i *i ;1 Memimipi s liaNNIM (1 ih 4 i arminasimi ,I11111'11l1ilii1X22M DER NI l "IMIN*I 1RII jail 101011i1119001111` 111P' �ta�ss��rc�r�r� :�r�t.arwrrwji ^arrr�tr��:* Placement -The placement of a sidewalk cafe will abut the propertywheratherelatedrestaurantuse is located. Alternatively, the sidewalk cafe maybe placed within 0.9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria Where a sidewalk cafe is to extend into the area in front of an abuttingproperty /business, written consent ofthe affeetedproperty/business ownermustb e provided at the time of application. The, sidewalk cafe may be located at ,the front or exterior 'lido of a restaurant use, Design: Enclosure -'The outdoor sidewalk cafe shall be separated from the area ofthe sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boies/containers or similar barriers. Such barriers should befree standing, structurally sound and finely fabricated. Tho height and placement ofthebarriers should ensure that sight lines aronotimpededso that safety is ensured. The barrier would be subject to the requirements ofthe AGCO if the sidewalk cafe is licensed. 3 Access The sidewalk caf6 1111 be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is al/01011e at all times to and from the restaurant. In no case shall this route be less than 1 0 meters (3.2 feet), The sidewalk cafe shall not impede any existing barrier- -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated sigas and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support merhnnismn, shalj.not extend beyond the sidewalk cafe area or encroach into thepedestrianmovement area. Fixed orretraotable awnings shall bepenmittedo u]y where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application An application to establish a sidewal t cafe on any portion of municipal property shall be submitted to Planning and Development Services, together with the necessary foes and drawings prior to using any municipal Iands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of tho building which can be read from the sidewalk. At the discretion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shall enter into =agreement with the Corporation of the City ofNiagaraFalls concerning, among other things, tho lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agree to save harmless the City for anymatter arising as aresult ofthe sidewalk cafe, and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing fumiture, fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City ofNiagara Falls By -law regarding schedule of fees for service as establishedfromtime to time. Utilities It will be the responsibility ofthe operator to secure anynecessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or simitnr utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance -The operator will beresponsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface. and the pick -up of litter. The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures and fittings shall beremoved from Cityproperty at the end of the season in accordance with the terms of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November I, (whichever is first) in order to ensure pedestrian movement 'or snow cleaning operations are not impeded. Hours -The outdoor sidewalk cafe shall remain closed during the period of 11:OOp.m, and 8:00 a.m. the following day. Taxes The operator shall bo responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalks cafe shall moot the regulations and by- laws ofthe City ofNiagaraFalls, Niagara Falls Fire Department, Regional Municipality ofNiagara, Regional Health Department and Regional Police Force at all times. AB :to SASIDHwA1MOM3aALlbuiddina.wpd -4- A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with F.R.T. Hospitality Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Montana's Cookhouse located at 5759 Victoria Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated April 23, 2007 and made between F.R.T. Hospitality Inc. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the licencing of a Sidewalk Cafe in front of 5759 Victoria Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this 1 lth day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007. June 11, 2007. June 11, 2007. CITY OF NIAGARA FALLS By -law No. 2007- THIS AGREEMENT made this 23 day of April, 2007. B ETWEEN: F.R.T. HOSPITALITY INC. Hereinafter called the "Licensee" and T1TF CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5759 Victoria Avenue, and more particularly described in Schedule `B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1s to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence April 1 2007 and shall terminate on October 31 2012, subject to its earlier termination. -2- 4. The Licensee shall pay a fee of Five Hundred Five Dollars and Eighty Cents ($505.84) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of April in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. F.R.T. Hospitality Inc. c/o 5759 Victoria Avenue Niagara Falls, ON L2G 3L6 Attention: Mr. Tony Visca The City: -3- 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules «A„ "B" and «C„ 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: The Corporation of the City of Niagara Falls Attention: Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be -4- deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. The Parties agree that the City may terminate this agreement or modify the site area set out in Schedule "A" (upon 30 days written notice), if, in the City's sole opinion, continuation of this agreement compromises pedestrian safety on the sidewalk, or the City lands are required for any purpose by the City. This includes increased sidewalk width to accommodate increased pedestrian volume. 18. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with tip soil and sod. (b) -5- 19. If the Licensee is in default or breach of a direction or request by the City, its officers, and employees to comply with this licence agreement, including the restoration of the City lands after the licence has been terminated, the City may undertake to do anything that will remedy the default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in a manner like municipal taxes. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 21. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. F.R.T. Name: Tony Visca THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk LITY INC pY Fx c t1' p3y ...11 3 1...1•.° J 166 s"0 V O v U s Q,� �tl L 4 L +N ��i 0� G o5 ?N y P� 2 v 0 1 ,>0 L l r °aJ IMPERIAL NOTE DISTANCES SHOWN OH THIS PLAN ARE 111 FEET AND CAN SE COMM) TO METRES. BY MULTIKYIN0 BY 0.3048 SCHEDULE "A" to an Agreement dated April 23r 200'7 between F.R.T. HOSPITALITY INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS ,LT A OF SURVEY. -6- NOTE: mAyfmum CAPAG1Ty FOR VIE SIneWALK CAFE a If PExwx Au GATES P02 7 57OE JILK aleS RA5 t0 SW1N6 /NWARO lMTO The L!CENSEb Oa nom THE SIO5WA61(, RECEIVED APR 262005 PLANNING DEVELOPMENT SKETCH Tb 1 L1_4.4'STizAT0. VCSGYf PT oA) erF ?.CL¢.r of V1 CR>'t?.L.A I VE.IJUE tPLAIJ I OOZ CI ry c=;1 NL•GA4-4 FAD Y !UJJJ uu+awra ww.+ FaJLA s1. c.x, i REGIONAL MUNICIPALITY OF NIAGARA r.: 3s4-I 24 1MA 1146 Ac diEc ED I SCALE I1r:, 10� I XM 2O455. I� 21 9 1 I aTrA .xes. -7- SCHEDULE "B" to an Agreement dated April 23', 2007 between F.R.T. HOSPITALITY INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Lot 117 Plan 1002 Town of Niagara Falls being Part 1 on 59R -3943, together with BB82654; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being PIN 64345- 0074(LT). SCHEDULE "C" to an Agreement dated April 23, 2007 between F.R.T. HOSPITALITY INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS SIDEWALK CAE. -8- Planning and Development Council Approval Septetnber 12, 1994 Revised Maroh'2003 Introduction: Definitions: Sidewalk Cafe Guidelines The information contained in the Sidowalk Caf6 Guidelines is intended to serve as a general guide to those wishing to establish a sidowallc cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibilitywtth adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). Bach application will be reviewed on its individual morit, particular conditions and considerations based on location and municipal needs. The Council ofthe Corporation of the City ofNiagaraPalls, its officers and employees are not bound by the infonnktion contained inthe Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zoning Bylaw, the Ontario Building Code, the Fire Code and Site Plan Control. Outdoor Private Cafe means an outdoor area located entirely within the limits ofprivate property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe means thatportion ofmunicipal property between the property line and the travelled portion ofaroad used on aseasonal basis for tables and /orseatingwhere meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May 1 to October 31, both inclusive. prowam 02.A4 L4=1 lot. town .116." L.1. WK 4 YY' 'wi 1 Zoning: 2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Palls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. Criteria: Pedestrian Movement- The area required for safe pedestrian movement will be assessed on a site specific basis. In most oases, an unobstructed sidewalk width of 3.0 metres (10.0 foot) shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavy pedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes Asti not normally be considered where the total sidewalk width is 3.9 metres (13.0 feat) or less. FIGURE 2 PEDESTRIAN MOVEMENT iNWINNON 41 11 z 'r•rr■,M 1111111111111111111 i1111e'l11 lll111111 M \V lilr111NMM 11 r �111�llili 11111 �11111rI IIN111^NINIIiIII :211111116111111111111113idigalliMilLi UMW Marc Placement The plaogment of a sidewalk cafe will abut the property where the relat ed restaurant use is located. Alternatively, the sidewa& cafe maybe placed within 0.9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abutting property/business,writtenconsent ofthe affectedproparty/businoss ownermustbeprovided at the time of application. The sidewalk cafe may be located at the front or exterior side of a •restaurant use, Design: 3 Enclosure The outdoor sidewalk cafe ahA1l be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing, planter bozes/containers or similar bathers. Such barriers should be free standing, structurally sound and finely fabricated. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. Aceess The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire regulations, is available at all times to and from the restaurant. In no case shall this route be. than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity Aminimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating oapacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafb. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, eha11 not extend beyond the sidewalk cafe area or encroach intothepedestrianmovement area Fixed or retractable awnings shallbopermittedoniy where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: 4 Application -An application to establish a sidewaikcaf6 on any portion of municipal property shall be submitted to Planning and Development Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of tho building which can be read from the sidewalk. At the discretion of the City, notice of the application may bo circulated to owners/business operators abutting the property on either side of the proposed sidewalk oaf6 for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator cha11 enter into an agreement with the Corporation of the City ofNiagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of space. The sidewalk cafe owner/operator shall agree to save harmless the City for anymatter arising as a result of the sidewalk cafe and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing furniture, fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City ofNiagaraFalls By -law regarding schedule of fees for service as established from time to time. Utilities It will bethe responsibilityofthe operator to secure any necessary approvals and payment fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter. The operator of the outdoor sidewalk oaf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality, Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end of the season in accordance with the terms of the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are notinplacc or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours -The outdoor sidewalk cafe shall remain closed during the p eriod of 11:00 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by- laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality ofNiagara, Regional Health Department and Regional Police Force at all times. AB:tc SNSIDawdI.KlpaNBRAnaulddi¢a.wpd CITY OF NIAGARA FALLS By -law No. 2007 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Lane Plan 997 Town of Niagara Falls lying between Swinyard Street and Muir Street and Leader Lane and Ferguson Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007. June 11, 2007. June 11, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 784, the land on the west side of River Road, south of Bampfield Street, being Part of Lot 2, according to Plan No. 172, in the former Town of Niagara Falls, now known as Plan No. 1001, in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R2 and numbered 784 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated R2 and numbered 784 on the plan Schedule 1 attached hereto, or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with the following regulation: (a) Maximum number of bedrooms in the 4 cottage rental dwelling 3. For the purpose of this by -law, "cottage rental dwelling" means a one family detached dwelling that is rented in its entirety to one group of travellers at a time for a period of less than 28 days at one time. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.784 None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the west side of River Road, south of Bampfield Street, designated R2 and numbered 784 on Sheet D4 of Schedule "A or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By -law No. 2007- Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007 June 11, 2007 June 11, 2007 Subject Land 9AMPFIELo S 60.4 m ftal 1 Description: Applicant: SCHEDULE 1 TO BY -LAW No. 2007 Amending Zoning By -law No. 79 -200 Part of Lot No. 2, according to Plan No. 172, in the former Town of Niagara Falls, now known as Plan 1001, in the City of Niagara Falls, in the Regional Municipality of Niagara Robert Craig and Lesley Ann Dickson Assessment 272502000210601 K:WIS Requests\ 2007\ schedules VoningAM\AM- 03 \mapping.map 1:NTS AM- 03/2007 May 2007 A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 785, the land on the north side of Bampfield Street, being Lot 5, according to Plan No. 320, in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R2 and numbered 785 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated R2 and numbered 785 on the plan Schedule 1 attached hereto, or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with the following regulation: (a) Maximum number of bedrooms in the 3 cottage rental dwelling 3. For the purpose of this by -law, "cottage rental dwelling" means a one family detached dwelling that is rented in its entirety to one group of travellers at a time for a period of less than 28 days at one time. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.785 None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the north side of Bampfield Street, designated R2 and numbered 785 on Sheet D4 of Schedule "A or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By -law No. 2007- Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007 June 11, 2007 June 11, 2007 CITY OF NIAGARA FALLS By -law No. 2007- Subject Land Description: Applicant: SCHEDULE 1 TO BY -LAW No. 2007 K: \GIS_Requests\ 2007 \Schedules\ZoningAM\AM -04 \ma pping.map 12.2 m 12.2 m Amending Zoning By -law No. 79 -200 Lot 5, According to Plan No. 320, in the City of Niagara Falls, in the Regional Municipality of Niagara Robert Craig and Lesley Aim Dickson Assessment #s: 272502000200500 rn BAMPFIELD ST 1:NTS AM- 04/2007 May 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, to permit the expansion of a neighbourhood commercial development and to repeal By -law Nos. 90 -220 and 2005 -07. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from NC and numbered 270 in part and R4 and numbered 271 in part, to NC and numbered 270, the land on the southwest corner of Thorold Stone Road and Dorchester Road, being Part of Township Lot No. 79, in the former Township of Stamford, more specifically known as Part 1 according to Reference Plan 59R -7311, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated NC and numbered 270 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of clauses (c), (d), (e), (f) and (h) of section 8.1.2 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 NC and numbered 270 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum rear yard depth (c) (e) (i) (ii) (i) for a building or structure for a speaker box associated with a drive- through facility (b) Minimum interior side yard width within 50 metres of the south lot line (ii) for beyond 50 metres of the south lot line Minimum exterior side yard width (d) Maximum building area Minimum landscaped open space 7.5 metres 10 metres 7.5 metres 12 metres 14 metres 2,850 square metres 20% of the lot area, which shall include the landscape strips having the prescribed widths in the following locations: (f) (1) -2 along and adjacent to the interior side lot line within 50 metres of the rear lot line (ii) along and adjacent to the interior side lot line between 50 metres and 74 metres north of the rear lot line (iii) along and adjacent to the rear lot line within 30 metres of the interior side lot line (iv) along and adjacent to the rear lot line within 58 metres of the exterior side lot line (v) along and adjacent to the exterior side lot line within 30 metres of the rear lot line Maximum Geodetic Survey of Canada Elevation of a laneway associated with a drive through facility (g) Minimum fencing 7.5 metres 6.0 metres 7.5 metres 4.0 metres 6.0 metres 195 metres above sea level a solid wood fence shall be erected along any lot line that abuts a residential property. The fence shall be a minimum of 1.8 metres in height except along and adjacent to the rear lot line within 80 metres of the interior side lot line, where it shall be a minimum of 2.4 metres in height 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.270 Notwithstanding the provisions of clauses (c), (d), (e), (f) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land on the southwest comer of Thorold Stone Road and Dorchester Road, designated NC and numbered 270 on Sheet C3 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2007- 4. Sections 19.1.270 and 19.1.271 of By -law No. 79 -200 are deleted and By -law Nos. 90 -220 and 2005 -07 are repealed. 5. Section 19.1.318 of By -law No. 79 -200 is amended by deleting the phrase "By-law No. 90- 220" in the second last line and "By-law No. 2007 is inserted in lieu thereof so that the section shall read as follows: "Notwithstanding section 17.1, no person shall use the land on the south side of Thorold Stone Road being part of Township Lot 79 of the former Township of Stamford, now in the City of Niagara Falls, designated P and numbered 318 on Sheet C3 of Schedule "A for any purpose except a parking lot, consisting of a surface parking area to be used in conjunction with the land shown hatched and designated NC and numbered 270 on plan Schedule 1 to By -law No. 2007 except in compliance with By -law No. 92- 134." Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007 June 11, 2007 June 11, 2007 -3- Subject Land SCHEDULE 1 TO BY -LAW No. 2007 Applicant: Assessment 272504001502400 Amending Zoning By -law No. 79 -200 Description: Part of Township Lot No. 79, in the former Township of Stamford, more specifically known as Part 1 according to the Reference Plan 59R -7311, now in the City of Niagara Falls, in the Regional Municipality of Niagara Curtis Gail Development Corporation N 1:NTS AM-40 /2006 K: \GIS_Requests\ 2006\ Schedules \ZoningAM\AM- 40 \mapping.map May 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 72 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by -law shall come into force and take effect on the day of final passing thereof. Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007 June 11, 2007 June 11, 2007 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 72 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 72" shall be redesignated from Niagara Escarpment Plan Area, in part, Open Space, in part, and Industrial, in part, to Residential and identified as Special Policy Area "51" on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.51 SPECIAL POLICY AREA "51" Special Policy Area "51" applies to approximately 4 hectares of land located northwest of the Stanley Avenue and Portage Road intersection. These lands are designated Residential on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Section 1.7.5 and in addition to the policies contained in PART 4, Section 4.2, a comprehensive residential community may be developed on the land in accordance with the following policies: 14.51.1 A maximum of 276 dwelling units to a maximum overall density of 75 units per hectare may be developed on the land, consisting of up to two apartment dwellings, with a maximum building height of 10 storeys and 37 metres, and group dwellings. 14.51.2 The community shall be developed in an attractive landscaped setting with appropriate buffering and landscaped setbacks from adjacent land uses. Any on -site stormwater management facilities shall be designed in such a way as to contribute to the aesthetics of the development. 14.51.3 Development will be subject to a Plan of Subdivision(s), Plan of Condominium(s) and/or Site Plan Control which shall implement, in addition to measures typically implemented under such controls, measures outlined in Sections 14.51.4 below. 14.51.4 The development shall be designed in a manner to ensure impacts of surrounding industrial uses are mitigated and adequate building setbacks are provided from the adjacent railway line. To ensure land use compatibility, noise and servicing matters are addressed, the amending zoning by -law shall include a Holding "H" provision. Prior to removal of the "H" symbol, the following matters shall be completed and addressed in an appropriate agreement: S: \OFFICIAL.PLNIAMEND1472 Urban Expansion\BODY_72.wpd 2 (a) The aggregate mining pits on the subject land shall be closed and decommissioned to the satisfaction of the Regional Municipality of Niagara and the Ministry of Natural Resources. (b) A study demonstrating the availability of adequate stormwater management facilities shall be completed to the satisfaction of the City and the Regional Municipality of Niagara. (c) A noise and vibration study shall be completed addressing potential impacts from the adjoining rail line on adjacent dwellings, to the satisfaction of the City, the Regional Municipality of Niagara and CN Rail. (d) An agreement shall be executed with Hydro One Networks securing a driveway to Portage Road. (e) A traffic study shall be completed to identify the necessary improvements to surrounding roads, to the satisfaction of the City and the Regional Municipality of Niagara. (f) A dust study shall be completed to ensure there are no adverse impacts from aggregate mining pits on the adjacent lands, to the satisfaction of the City and the Regional Municipality of Niagara. Map 1 to Official Plan Amendment No. 72 Area Affected by this Amendment Area Affected by Expansion of the Urban Boundary el L Proposed Change From: Niagara Escarpment Plan Area, in part, Open Space, in part and Industrial, in part Proposed Change To: Residential and SPECIAL POLICY AREA "51" KGIS Aegvicels120051Scheduks \woingAAMM49WappinB.rdep CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN NIAGARA ESCARPMENT PLAN AREA INDUSTRIAL Modified Urban Area Boundary INXIC Roads OPEN SPACE RESIDENTIAL NOTE: This schedule forms part of Amendment No. 72 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. S 1:NTS AM- 24/2005 April 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to designate Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354, not be subject to part -lot control. WHEREAS subsection 50(7) of the Planning Act, R. S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land is zoned by By -law No. 2006 -56 to permit the erection of single detached dwellings, semi detached dwellings and on- street townhouse dwellings thereon; AND WHEREAS the said land was intended for on- street townhouses (Blocks 274 275) and semi detached dwellings (Lots 214, 215 216) through the original subdivision approval; AND WHEREAS the owner proposes the division of the said land to create 47 lots for single detached dwellings and has received final approval from the City's Committee of Adjustment for variances to the zoning by -law standards (File A- 13/2007) to permit such development; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for five years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007 June 11, 2007 June 11, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to licence seasonal business services. WHEREAS pursuant to Part W, Section 150(1) of the Municipal Act, S.O. 2001, c.25 as amended, the Council of the Corporation of the City of Niagara Falls has the authority to licence, regulate, and govern any business wholly or partly carried on within the municipality even if the business is being carried on from a location outside the municipality; and WHEREAS the City of Niagara Falls' current business licensing by -law is By -law No. 2001 -31, as amended; and WHEREAS Schedule 26 of By -law 2001 -31, as amended, is for Specific Location Daily Sales; and WHEREAS the Specific Location Daily Sales licence is for six (6) days maximum, in keeping with the temporary nature envisioned under the licence; and WHEREAS the Specific Location Daily Sales licence has been used in the past for vendors and visual artists outdoors in the heart of the tourist core in Niagara Falls; and WHEREAS outdoor vendors and artisans, if properly regulated, often provide vibrancy to a tourist area with substantial pedestrian traffic; and WHEREAS the Victoria Centre BIA has expressed support for an outdoor, seasonal business licensing scheme that may be more seasonal in nature; and WHEREAS By -law 2001 -31, as amended, does not have a such a licence; and WHEREAS it is prudent to enact a stand alone by -law for seasonal business services in the tourist core; and WHEREAS the seasonal business services by -law would be an interim measure until an overall review of the City of Niagara Falls' Business licensing by -law can take place. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: PART 1 DEFINITIONS 1. In this By -law: (1) "applicant" means a person who is required to be licensed pursuant to this By -law, or who has made application for a licence under this By -law and shall include a Licensee; (2) "application" means an application in the form provided by the Clerk and accompanied by the appropriate fee(s); (3) (5) "artisan services" means services provided in an applied art; (4) "Clerk" means the Clerk of the Corporation of the City of Niagara Falls, or a person designated to act on his behalf; "Corporate Services Committee" means a standing committee of all members of Council that traditionally meets before Council meetings to deal with more detailed reports emanating from the divisions within the City's Corporate Services Department. (6) "Council" means the Municipal Council of the Corporation of the City of Niagara Falls; "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (8) "licence" means a City of Niagara Falls licence issued pursuant to this By -law; (9) "Licensee" means a person to whom a licence is issued under the provisions of this By -law; (10) "Municipality" means the Corporation of the City of Niagara Falls; (11) "public lands" means those lands and premises owned by or under the jurisdiction of the Municipality, other tier of government or hydro authority. (12) "seasonal business services" means temporary businesses conducted outdoors in the tourist core, on private property, over the tourist season specializing in artisan services or goods produced on the spot and does not include the sale of retail items or sale and /or production of food services; (13) "sidewalk" means that portion of the highway along the roadway set apart for use by pedestrians, to which the general public has access; (14) "tourist season" means the time period from weekend preceding Victoria Day until (Canadian) Thanksgiving Day; (15) "tourist core for purpose of this By -law, means the lands found within the boundaries of the Victoria Centre and Clifton Hill Business Improvement areas; PART 2 SEASONAL BUSINESS SERVICES LICENCE 2. Anyone wishing to conduct a business providing seasonal business services in the municipality shall obtain a licence under this by -law and pay a fee in accordance with Schedule 2 of this by -law. 3. No person conducting or wishing to conduct a seasonal business service shall do so without a valid licence issued under the provisions of this by -law. 4. Seasonal business services are conducted outdoors but shall not be conducted on public lands, sidewalks or highways but may be conducted on private lands. 5. A licence obtained under this by -law is limited to private property in the tourist core only, as outlined in Schedule 1. 6. There shall only be one (1) Seasonal Business Service licence per municipal address. 7. A Seasonal Business Service licence will not be issued for a municipal address where a valid Specific Location Daily Sales Licence(s), as per By -law No. 2001 -31, already exists. 8. A licence under this by -law is for one month in duration subject to four (4) renewals during the tourist season subject to the fees set out in Schedule 2 of this by -law. 9. Seasonal Business Services are artisan services or goods produced on the spot and does not include the sale of retail items or sale and /or production of food services. 10. A Seasonal Business Service shall pose no hazard to pedestrians or eliminate any existing parking spots found on the private property where the seasonal business service is located. 11. The kiosk, stand and/or location of the seasonal business service shall be presentable, clean and tidy. PART 3 APPLICATION PROCESS 12. Every person who wishes to carry on a Seasonal Business Service shall procure and maintain a licence the Municipality in accordance with this By -law. 13. No person shall operate a Seasonal Business Service unless he or she has a valid licence permitting him or her to do so. 14. It shall be a condition of every licence that the Licensee be in compliance with the provisions of Zoning By -law No. 79 -200, any amendments thereto, and any future zoning by -laws enacted during the lifetime of the Seasonal Business Service by -law. 15. On an application for a licence, or the renewal thereof, the applicant shall provide to the Clerk: (a) a completed application form(s); (b) a letter of permission from the property owner(s) on whose property the Seasonal Business Service will operate. (c) a detailed drawing, with distances and dimensions, outlining where the Seasonal Business Service will be situated and how the Service will be conducted. (d) the requisite fee(s) as prescribed in Schedule 2 of this by -law. 16. Upon receipt of an application for a licence required by this By -law, the Clerk shall: (a) make or cause to be made all investigations which are required; (b) determine whether or not any applicant has been convicted of an offence relating to this or any other by -law; and (c) circulate the application to the Police or Health Departments of the Regional Municipality of Niagara, the Building Division, Fire Prevention Office, By -law Services or any other division of the Municipality and the Victoria Centre and Clifton Hill Boards of Management, where applicable, for inspection, comment and report. 17. Any person duly authorized by the Municipality may, at all reasonable times, inspect a Seasonal Business Service or proposed Seasonal Business Service. 18. No person who has or is required to have a licence under this By -law shall obstruct or hinder the inspection. 19. An application for a licence under this by -law shall occur annually. PART 4 ISSUANCE OR REFUSAL OF LICENCES 20. Upon completion of the investigations and inspections set out in the By -law, the Clerk shall issue a licence provided that: (a) the provisions of the particular licence applied for have been complied with; (b) the applicant has not been convicted of an offence under this or any other by -law relating to licenses; (c) no adverse comment is received from any of the agencies, departments or divisions to which the application has been circulated. 21. The licensee shall post the licence in a conspicuous place, if possible, or maintain the licence on their person so it could be immediately furnished upon inspection by the Clerk, a Municipal Law Enforcement Officer or a Police Officer. 22. In the event that the Clerk does not issue the licence, the Clerk shall notify the applicant of the Clerk's decision by sending the applicant a Notice of Refusal, outlining reasons for the refusal, by ordinary mail at the address noted in the application. 23. Where the reason(s) for refusal of the licence does not deal with non compliance with the Municipality's Zoning By -law, the applicant may appeal the Clerk's decision to Council, within ten (10) days of the date of the Notice of Refusal. 24. Where the applicant appeals the Notice of Refusal, the Clerk will endeavour to schedule the matter before Council at the next practical Corporate Services Committee meeting and notify the applicant of the date of the meeting. 25. The applicant shall be allowed to make a presentation or submissions to the Corporate Services Committee either personally or through a representative. 26. The Corporate Services Committee shall, in accordance with applicable law, hear the matter and shall make a recommendation to be ratified at Council to either: (a) grant the licence to the applicant; or (b) refuse to grant the licence to the applicant; or (c) grant the licence and impose conditions. 27. Council's decision is final and may be given verbally, with the Corporate Services Committee minutes serving as a record of the proceedings. PART 5 PENALTIES 28. As per the authority granted under s. 425 of the Municipal Act, S.O. 2001, c. 25, person who contravenes any provision of this by -law, is guilty of an offence and upon conviction is liable to a fine of not more than $10,000. PART 6 SEVERABILITY PART 7 VALIDITY 30. This by -law shall come into force upon its passing. 31. This by -law shall remain valid for two (2) years from the date of its passing or until its provisions are incorporated into a business licensing by -law, whichever comes first. Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: 29. Should any provision or any part of any provision of this by -law be held by a competent authority to be invalid, or of no force and effect, it is the intent of Council in enacting this by -law that each and every other provision of this by -law, and every part of every provision authorized by law stand and be applied and enforced in accordance with its terms. June 11, 2007. June 11, 2007. June 11, 2007. SCHEDULE 1 TO BY -LAW No. 2007 June 2007 K: \GIS_Requests\ 2007 \Custompnternal\ Clerks \Vlctoria_CliftonHlll_BIA. map SCHEDULE 2 TO BY -LAW 2007- Fee Schedule 1. Seasonal Business Services Licence $1200.00 (valid from Victoria Day weekend until Canadian Thanksgiving) 2. Monthly Business Services Licence 300.00 (Valid for four (4) consecutive weeks) 3. Administrative Fee* 300.00 *This processing fee is due and payable at the time the application for a license is made, and is not refundable, notwithstanding that the application for a licence maybe withdrawn or refused for any reason. Should the licence be issued, the administration fee will be deducted from the seasonal or monthly fee. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of the Collective Agreement with the Amalgamated Transit Union and its Local 1582. WHEREAS the Council of the Corporation of the City of Niagara Falls commissioned the Mercer Delta Consulting Study to obtain advice as to the most efficient way to structure the operations of the City and the Greater Niagara Transit Commission; and WHEREAS the Board of the Greater Niagara Transportation Commission, on the 15` day of January, 2007, resolved to dissolve the Commission; and WHEREAS the Council of the Corporation of the City of Niagara Falls has determined that it is in the public interest to: dissolve the Greater Niagara Transit Commission; transfer the assets and contractual liabilities of the Greater Niagara Transit Commission to the Corporation of the City of Niagara Falls; and continue the passenger transportation system established by the Greater Niagara Transit Commission as a division of the City of Niagara Falls in as seamless, transparent and efficient manner as is possible; and WHEREAS as the result of the Transit becoming a division of the Corporation of the City of Niagara Falls, it is necessary for the Council to authorize the execution of any collective agreements with transit employees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between the Corporation of the City of Niagara Falls and the Amalgamated Transit Union and its Local 1582 respecting remuneration, benefits and working conditions for the period January 1, 2007 to June 30, 2008, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said agreement and the Clerk is hereby authorized to affix the Corporate seal thereto and to deliver the said agreement. Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007. June 11, 2007. June 11, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the payment of $23,266,257.18 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning May 2, 2007 to May 29, 2007. Passed this eleventh day of June 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007 June 11, 2007 June 11, 2007 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1890649 ONTARIO INC 284612 ONTARIO LIMITED BOB ROBINSON SON CONSTRUCTIO 407 ETR EXPRESS TOLL ROUTE 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTING 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUPP A CAPPELLA NIAGARA A J STONE COMPANY LTD A LOCOCO WHOLESALE LTD A N MYER S S A -1 FLOORING AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACTION CORPORATION ACTION CORPORATION ADEPT WINDOW CLEANING LTD ADEPT WINDOW CLEANING LTD ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALDERTON,NEIL ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS ANIXTER CANADA INC ANTONIO,CHUCK ANTONIO,CHUCK ARAMARK REFRESHMENT SERVICES ARBOUR,SUSAN ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD AVIS CAR INC AZTEC ENCLOSURES BA CONSULTING GROUP LTD BAIOCCO CONST CORP BAIOCCO CONST CORP BALDASSARO,VINCE BARCLAY TODD'S BARON ROOFING SIDING LTD BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BBP ENTERPRISES BE -SEEN INC BEL VOLT SALES LTD BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BETTY'S RESTAURANT BETTY'S RESTAURANT BETTY'S RESTAURANT BEV HODGSON IN TRUST BLACK MCDONALD LTD BLP BRONZE INTERN LTD BLT CONSTRUCTION SERVICES BOB ROBINSON SON BOB ROBINSON SON BOB ROBINSON SON BORDEN LADNER GERVAIS BOYS GIRLS CLUB OF NIAGARA Cheque No. Cheque Date Purpose 310733 15- May -2007 DEV CHRGS REFUND 311104 29- May -2007 PRESSURE FLUSHER RENTAL 310731 09- May -2007 REMITTANCE 310564 08- May -2007 AUTOMOTIVE SUPPLIES 310565 08- May -2007 MAINTENANCE MATERIALS 311005 29- May -2007 ADVERTISING 310570 08- May -2007 MATERIALS 310647 08- May -2007 FRUIT BASKET -P. CORFIELD 310573 08 -May -2007 DONATION 310864 22- May -2007 FLOORING 310865 22- May -2007 MAINTENANCE AND REPAIRS 310735 15- May -2007 MAINTENANCE AND REPAIRS 310566 08- May -2007 MATERIALS 310866 22- May -2007 DATABASE HOSTING 310567 08- May -2007 MAINTENANCE AND REPAIRS 310736 15- May -2007 MAINTENANCE AND REPAIRS 310568 08- May -2007 TOWING 310737 15- May -2007 TOWING 310867 22- May -2007 TOWING 310569 08 -May -2007 MAINTENANCE AND REPAIRS 310738 15- May -2007 MAINTENANCE AND REPAIRS 310868 22- May -2007 MAINTENANCE AND REPAIRS 311006 29- May -2007 MAINTENANCE AND REPAIRS 310869 22- May -2007 MATERIALS 310739 15- May -2007 TRAVEL/MILEAGE 310870 22- May -2007 FUNDING 310740 15- May -2007 MAINTENANCE AND REPAIRS 310571 08- May -2007 CONTRACT SERVICES 310741 15- May -2007 CONTRACT SERVICES 310871 22 -May -2007 CONTRACT SERVICES 311007 29- May -2007 CONTRACT SERVICES 311008 29- May -2007 LEASES AND RENTS 310572 O8- May -2007 MATERIALS 310742 15- May -2007 STORES /INVENTORY 310743 15- May -2007 TRAVEL/MILEAGE 311009 29- May -2007 TRAVEL/MILEAGE 310872 22- May -2007 OFFICE SUPPLIES 310744 15- May -2007 REIMBURSEMENT 310745 15- May -2007 STORES /INVENTORY 310873 22- May -2007 STORES /INVENTORY 310874 22- May -2007 WATER TREATMENT 311011 29-May -2007 CONSULTING SERVICES 310746 15- May -2007 PARKING REFUND 310574 08- May -2007 PERMIT REFUND 310747 15- May -2007 CONSULTING SERVICES 310575 08- May -2007 CONTRACT SERVICES 310576 08- May -2007 CONTRACT SERVICES 310875 22- May -2007 FUNDING 310729 09- May -2007 SUPPLIES 310577 08- May -2007 MAINTENANCE AND REPAIRS 310578 08 -May -2007 CONSULTING SERVICES 310748 15- May -2007 LEASES AND RENTS 310876 22- May -2007 DEPOSIT FOR CANADA DAY 310581 08- May -2007 SIGNS 310750 15- May -2007 STORES /INVENTORY 310879 22- May -2007 STORES /INVENTORY 310579 08-May -2007 UTILITIES 310580 08- May -2007 UTILITIES 311012 29- May -2007 UTILITIES 310878 22- May -2007 UTILITIES 310582 08- May -2007 MEETING EXPENSES 310880 22- May -2007 MEETING EXPENSE 311013 29- May -2007 MEETING EXPENSE 310751 15- May -2007 TAX REFUND 310752 15- May -2007 MAINTENANCE AND REPAIRS 310881 22- May -2007 MAINTENANCE MATERIALS 310753 15- May -2007 PERMIT REFUND 310583 08- May -2007 CAMERA RENTAL 310754 15- May -2007 CAMERA RENTAL 311014 29- May -2007 EQUIPMENT RENTAL 310755 15- May -2007 INSURANCE CLAIMS 310584 08- May -2007 GRANT Page 1 of 8 Amount 6,040.00 636.00 178.92 342.00 111.77 150.00 35.91 47.32 390.00 4,027.79 180.12 116.60 21.15 26.45 1,478.70 1,282.60 169.60 308.72 376.30 3,550.66 2,625.43 3,500.42 672.18 10.26 59.50 45.00 487.60 16,381.79 11,382.28 542,037.73 31,926.12 284.49 571.63 1,581.75 17.50 19.00 123.71 252.85 292.00 197.47 1,038.01 17,654.25 191.00 750.00 12,976.01 306,673.34 582,298.93 45.00 225.04 530.00 16,514.03 1,389.61 1,600.00 1,081.20 456.55 670.55 57.00 79.85 57.00 324.04 300.00 300.00 300.00 502.00 2,464.50 177.86 750.00 1,802.00 636.00 636.00 1,650.44 17,500.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BRENNAN,JIM BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK,ANDY BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BROMAC CONST ENG LTD BUNTIN REID BUNTIN REID BUNTIN REID BURSHTEIN,TIM BUSINESS EDUCATION COUNCIL OF NIAGARA CAFC COMMITTEE CAHILL,MARK CALE SYSTEMS INC CAN AM INSTRUMENTS LTD CANADA LAW BOOK CANADA LAW BOOK CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANNON HYGIENE CANADA LTD CANTEC SECURITY SERVICES CAPITAL COMMERCIAL PIPE SERVICES LTD CARDINAL COURIERS LTD CARLETON UNIFORMS INC CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CARTER CAR TRUCK RENTALS CATARACT COLLISION CENTRE CEDAR ROOF ONTARIO CENTURY VALLEN CH2M HILL CANADA LTD CH2M HILL CANADA LTD CHAMBER OF COMMERCE NIAGARA FALLS CHAMBER OF COMMERCE NIAGARA FALLS CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,G CHIPPAWA AUTOBODY LTD CHIPPAWA LIONS CLUB CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CLASSIC FIRE PROTECTION INC CLAYDON,JEFF CLUB ITALIA LODGE NO 5 COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINSON,JACK COMMISSIONAIRES COMMISSIONAIRES COOK,EDNA COSTELLO,BRIAN COTTON INC CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CROWN,DOUG& CROWN, ROBIN CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBER SERVICES CYBER SERVICES CYBERBAHN Cheque No. Cheque Date Purpose 310585 08- May -2007 TUITION REIMBURSEMENT 310882 22- May -2007 CONTRACT SERVICES 310586 08-May -2007 STORES /INVENTORY 310756 15- May -2007 STORES /INVENTORY 310883 22- May -2007 STORES /INVENTORY 311015 29- May -2007 STORES /INVENTORY 310757 15- May -2007 SAFETY SHOES 310758 15- May -2007 CONSULTING SERVICES 311016 29- May -2007 TAX REFUND 310588 08- May -2007 CONTRACT SERVICES 310589 08- May -2007 OFFICE SUPPLIES 310759 15- May -2007 OFFICE SUPPLIES 311017 29- May -2007 SUPPLIES 310884 22- May -2007 TUITION REIMBURSEMENT 311018 29- May -2007 MONTHLY CHARGES 310760 15- May -2007 REIMBURSEMENT 311019 29- May -2007 TRAVEUMILEAGE 311020 29 -May -2007 GPRS SERVICE 310885 22- May -2007 MAINTENANCE AND REPAIRS 310591 08- May -2007 BOOKS 310761 15- May -2007 BOOKS 310590 08- May -2007 MAINTENANCE AND REPAIRS 310886 22- May -2007 HARDWARE 310887 22- May -2007 MAINTENANCE AND REPAIRS 310592 08- May -2007 FLASHER CONTRACT 310888 22- May -2007 MATERIALS 310889 22- May -2007 SECURITY SERVICES 310890 22- May -2007 CONTRACT SERVICES 310593 08- May -2007 COURIER SERVICE 310594 08- May -2007 UNIFORMS 310762 15- May -2007 PUBLICATIONS 310891 22- May -2007 BOOKS 310595 08- May -2007 TRAVEL EXPENSE 310892 22- May -2007 LEASES AND RENTS 310596 08- May -2007 MAINTENANCE AND REPAIRS 311022 29- May -2007 MAINTENANCE AND REPAIRS 310597 08- May -2007 MATERIALS 310893 22- May -2007 CONSULTING SERVICES 311023 29- May -2007 CONSULTING SERVICES 310680 08- May -2007 STATE OF THE CITY LUNCH 310883 16- May -2007 MATERIALS 310894 22- May -2007 WATER 310598 08- May -2007 STORES /INVENTORY 310763 15- May -2007 STORES /INVENTORY 310895 22- May -2007 STORES /INVENTORY 311024 29- May -2007 STORES /INVENTORY 310896 22 -May -2007 JANITORIAL SERVICES FOR FIRE 310599 08- May -2007 MAINTENANCE AND REPAIRS 311025 29- May -2007 FUNDING 310764 15- May -2007 LEASES AND RENTS 310897 22-May -2007 RENTAL 310600 08- May -2007 LEASES AND RENTS 310765 15- May -2007 MAINTENANCE AND REPAIRS 310602 08- May -2007 TRAVEUMILEAGE 310898 22- May -2007 DONATION 310603 08- May -2007 UTILITIES 310899 22- May -2007 UTILITIES 311026 29- May -2007 TRAVEUMILEAGE 310604 08- May -2007 CONTRACT SERVICES 310900 22- May -2007 CONTRACT SERVICES 310605 08- May -2007 COMPUTER PURCHASE INCENTIVI 310766 15- May -2007 TRAVEUMILEAGE 311027 29- May -2007 MATERIALS 310767 15- May -2007 INSURANCE CLAIMS 310901 22- May -2007 INSURANCE CLAIMS 310768 15- May -2007 PERMIT REFUND 310806 08- May -2007 PAYROLL REMITTANCE 310769 15- May -2007 PAYROLL REMITTANCE 310902 22- May -2007 PAYROLL REMITTANCE 311028 29- May -2007 PAYROLL REMITTANCE 310607 08- May -2007 MAINTENANCE AND REPAIRS 310771 15- May -2007 MAINTENANCE AND REPAIRS 310770 15- May -2007 LEGAL FEES Page 2 of 8 Amount 141.10 1,061.59 79.75 458.60 407.81 93.52 125.39 1,885.48 287.98 43,848.70 820.85 94.15 67.48 222.05 175.00 159.60 76.50 923.40 282.14 384.12 384.12 833.16 604.20 3,756.49 910.33 267.12 566.89 24,708.60 28.22 `95.76 164.88 111.88 308.71 739.86 3,964.01 2,120.00 1,159.50 19,867.05 55,107.21 95.40 21.20 96.00 1,256.82 2,528.02 130.18 253.26 100.00 2,302.80 34,000.00 10,034.42 107.64 1,918.62 398.56 63.00 100.00 756.86 276.06 84.00 20,570.32 22,642.39 300.00 256.00 1,866.36 2,610.00 4,640.00 750.00 3,701.48 3,692.54 3,701.56 3,754.53 114.48 3,561.49 500.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CYGNAL TECHNOLOGIES CORP T46181 DARNAY,KENDALL DAVIS,WADE DEL BUONO,NICOLA DELL CANADA INC DELL CANADA INC DEMERS,MARGARET DENCO ENGINEERING LTD DEROSE BROS GENERAL CONTRACTING LIMITED DEROSE BROS GENERAL CONTRACTING LIMITED DICKSON,B DIRECT IT CORP DISTRICT SCHOOL BOARD OF NIAGARA DRAFTCON CALAMAR CORP DREN,KARL ELECTRICAL SAFETY AUTHORITY ELECTRICAL SAFETY AUTHORITY ELIA,CHRISTINE EMERALD EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE EVANS,ANDREW EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FALLS AUTO BODY INC FALLS AUTO BODY INC FALLS ELECTRIC INC FEDERAL EXPRESS CANADA LTD FEHRS TROPHY ENGRAVING FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOW KLEEN TECHNOLOGY LTD FLOWMETRIX TECHNICAL SERVICES INC FOTHERINGHAM,DAVID G K SERVICES CANADA INC GALES GAS BARS GALT MACHINE KNIFE SAW GAMBLE,STEVE GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GOFORTH,HANYA GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUNDLOOP PRODUCTIONS GRUBICH,JOHN GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HANG UPS 99 Cheque No. Cheque Date Purpose 310903 22- May -2007 I/S SERVICES 310904 22- May -2007 FUNDING 310772 15- May -2007 COMPUTER INCENTIVE PLAN 310773 15 -May -2007 PERMIT REFUND 310608 08- May -2007 MATERIALS 310774 15- May -2007 COMPUTER EQUIPMENT 311031 29- May -2007 PLOT SELL BACK 311032 29- May -2007 CONSULTING SERVICES 310609 08- May -2007 CONTRACT SERVICES 310905 22- May -2007 CONTRACT SERVICES 310906 22- May -2007 TUITION REIMBURSEMENT 311033 29- May -2007 MATERIALS 311034 29- May -2007 LEASES AND RENTS 310610 08- May -2007 PERMIT REFUND 310611 08- May -2007 TRAVEUMILEAGE 310613 08-May -2007 SAFETY PROGRAM 310907 22- May -2007 SAFETY PROGRAM 310614 08 -May -2007 PARADE COSTS 310615 08 -May -2007 METER INSTALLATION 310908 22- May -2007 WATER METER 311035 29- May -2007 METER INSTALLATION 310616 08- May -2007 UTILITIES 310776 15- May -2007 UTILITIES 310909 22- May -2007 UTILITIES 311036 29-May -2007 UTILITIES 311037 29- May -2007 EMPLOYEE SUGGESTION 310617 08- May -2007 MATERIALS 310910 22- May -2007 MATERIALS 311038 29- May -2007 MATERIALS 310618 08- May -2007 MAINTENANCE AND REPAIRS 310777 15- May -2007 MAINTENANCE AND REPAIRS 311039 29 -May -2007 MAINTENANCE AND REPAIRS 310911 22- May -2007 UNIFORMS 310620 08- May -2007 MAINTENANCE AND REPAIRS 310778 15- May -2007 MAINTENANCE AND REPAIRS 310621 08-May -2007 MAINTENANCE AND REPAIRS 310779 15 -May -2007 DUTY ON CAR MOUNT SHIPMENT 310912 22- May -2007 TROPHY 310622 08- May -2007 MAINTENANCE AND REPAIRS 310913 22- May -2007 CONTRACT WASH 310623 08- May -2007 STORES /INVENTORY 310780 15- May -2007 STORES /INVENTORY 310914 22- May -2007 MATERIALS 311040 29-May -2007 STORES /INVENTORY 311041 29- May -2007 CATCH BASIN MAINTENANCE 311042 29 -May -2007 TRAINING 311043 29- May -2007 TRAVEUMILEAGE 310915 22- May -2007 CLOTHING 310781 15- May -2007 GASOLINE 310782 15- May -2007 MAINTENANCE AND REPAIRS 311044 29- May -2007 LIVESTOCK CLAIM 310624 08- May -2007 MATERIALS 310783 15- May -2007 MATERIALS 310916 22- May -2007 REPAIR PARTS 311045 29- May -2007 MATERIALS 310917 22- May -2007 UTILITIES 310918 22 -May -2007 TRAVEUMILEAGE 310625 08- May -2007 MATERIALS 310919 22- May -2007 ELECTRICAL PARTS 311046 29- May -2007 MATERIALS 311047 29- May -2007 PAYROLL REMITTANCE 310784 15- May -2007 INTERFLEET CHARGES 310626 08- May -2007 CONTRACT SERVICES 310785 15-May -2007 BATTLE OF THE BANDS RECORDIP 310920 22 -May -2007 TUITION REIMBURSEMENT 310627 08- May -2007 STORES /INVENTORY 311048 29- May -2007 STORES/INVENTORY 310628 08- May -2007 STORES /INVENTORY 310786 15- May -2007 STORES/INVENTORY 310921 22- May -2007 STORES /INVENTORY 310629 08- May -2007 LEASES AND RENTS 310922 22- May -2007 MAINTENANCE AND REPAIRS 310630 08- May -2007 UNIFORMS Page 3 of 8 Amount 2,970.00 70.00 300.00 750.00 13,902.30 3,031.26 945.00 1,993.67 901.00 39,285.42 300.00 4,173.75 42.40 750.00 163.50 8,294.43 139.12 400.00 556.50 371.00 185.50 87.63 26,902.33 1,586.18 366.78 100.00 112.64 13,906.83 390.80 117.60 988.98 68.90 1,175.67 3,046.53 2,812.99 660.69 202.26 19.88 919.16 385.22 1,051.30 1,207.46 290.70 344.63 11,726.25 2,780.68 128.00 109.00 5,895.83 174.42 150.00 963.21 977.09 6,443.85 5,085.29 382.70 61.50 3,436.60 733.22 1,181.05 70.50 672.50 9,148.91 212.00 222.05 1,822.41 1,337.91 388.74 3,296.31 29.01 627.00 929.10 2,741.47 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HANG UPS 99 HARRISON,TODD HENRY W JOSEPH REALTY CORP LTD HICKS,BRUCE HICKS MORLEY HAMILTON STEWART STORIE LLP HILTZ,JOHN HOLMAN,GEOFF HOOVER,GAYLE HOPE,BRENNAN DARRELL HR SYSTEMS STRATEGIES INC HY GRADE PRECAST CONCRETE IBI GROUP ICI CANADA INC IMAGISTICS CANADA INC INDUSTRY CANADA INGENIOUS SOFTWARE INNOVATIVE MUNICIPAL PRODUCTS INC INTEGRATED MUNICIPAL SERVICES INTERNATIONAL BINDING LAMINATING SYSTEMS INC IOANNONI,CARMINE IOANNONI,CAROLYNN IORFIDA,SAM IORFIDA,SAM ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD JACKSON,CHRISTINE JACKSON,DAVE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM KARGO PROPERTIES INC KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KENNEY,GERALD KUCHYT,TOM KUIPERS,JANET LAFARGE CANADA INC LANDS FORESTS CONSULTING LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LINCOLN TRUCK BODY MFG INC. LINDSAY PRESS LIVE ON REQUEST TECHNOLOGY SERVICES INC LLEWELLYN,ROZ LOSTRACCO,PIERIONO& LOSTRACCO, MAFALDA LOWE,F PETER LUEY,CATHERINE M J DUMONT ENTERPRISES LTD MANN,DOUG MAR -CO CLAY PRODUCTS INC MARCELLA,FRANK MARINELLI,PASQUALE MATREIZ,KAREN MATTHEW DANIELE MEMORIAL FUND MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCONNELL,LUCILLE MCDONALD DANIEL J IN TRUST MCLEAN KERR LLP MCNAMARA,SUSAN MCRAE,LEN MEDIA PRO INC MEDIA PRO INC MEDIA PRO INC MERCIER,GEORGINA MERIDIAN PLANNING CONSULTANTS INC MICHITSCH,HERBERT MICIELI,TONY MIELE,GERRY MILLER,RODGER MINERVINI,DOMENIC MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION Cheque No. Cheque Date Purpose 310787 15- May -2007 MATERIALS 310923 22- May -2007 PROFESSIONAL DEVELOPMENT 310788 15- May -2007 CONSULTING SERVICES 310924 22- May -2007 SAFETY SHOES 310789 15- May -2007 CONSULTING SERVICES 310925 22- May -2007 FUNDING 310790 15- May -2007 TRAVEUMILEAGE 311049 29- May -2007 CANADA DAY SHOW 310791 15- May -2007 BUSINESS LICENCE REFUND 310926 22- May -2007 ANNUAL SUPPORT AND MAINTEN/ 311050 29- May -2007 MATERIALS 310792 15- May -2007 CONSULTING SERVICES 310927 22- May -2007 PAINT 310793 15- May -2007 LEASES AND RENTS 310928 22- May -2007 MATERIALS 310633 08- May -2007 MATERIALS 310634 08- May -2007 COLD MIX 310635 08- May -2007 MATERIALS 310636 08- May -2007 OFFICE SUPPLIES 310929 22- May -2007 TUITION REIMBURSEMENT 310837 08-May -2007 TUITION REIMBURSEMENT 310794 15- May -2007 TRAVEL/MILEAGE 311052 29- May -2007 TRAVEUMILEAGE 310638 08- May -2007 SAFETY SHOES 311053 29- May -2007 TRAVEL/MILEAGE 310795 15 -May -2007 TRAVEUMILEAGE 310930 22- May -2007 FITNESS EQUIPMENT RENTAL 310639 08- May -2007 REIMBURSEMENT 311054 29- May -2007 SERVICE DEPOSIT REFUND 310640 08- May -2007 SANDING 310931 22- May -2007 EQUIPMENT RENTAL 311055 29- May -2007 SANDING 310796 15- May -2007 TRAVEUMILEAGE 310641 08- May -2007 MILEAGE-APRIL/07 310642 08- May -2007 MILEAGE- APR/07 310797 15- May -2007 WINTER SAND 311056 29- May -2007 BADEN POWELL PARK 310643 08- May -2007 MAINTENANCE PARTS 311057 29- May -2007 STORES /INVENTORY 310798 15- May -2007 PUBLICATIONS 310933 22- May -2007 LEGAL SERVICE 310645 08- May -2007 MAINTENANCE AND REPAIRS 310935 22 -May -2007 BINDING 310646 08- May -2007 SHOW PRODUCTION SERVICES 310936 22- May -2007 TRAVEUMILEAGE 310800 15- May -2007 TAX O/P REFUND 311002 23- May -2007 PROPERTIES INSPECTED 310801 15- May -2007 TRAVEL/MILEAGE 311065 29 -May -2007 UTILITIES 310802 15 -May -2007 2007 EMPLOYEE PURCHASE 310938 22- May -2007 GROUND TOOLS 310937 22- May -2007 FUNDING 310728 08- May -2007 TAX OVERPAYMENT REFUND 311059 29- May -2007 SERVICE DEPOSIT REFUND 311030 29- May -2007 SPONSORSHIP 310803 15- May -2007 SURVEYING SERVICES 310648 08-May -2007 MILEAGE-APRIL/07 310649 08- May -2007 MILEAGE-APRIL/07 310939 22- May -2007 TAX REFUND 310804 15- May -2007 LEGAL SERVICES 310650 08- May -2007 MILEAGE- APRIU07 311060 29 -May -2007 LIVESTOCK VALUERS FEE 310651 08 -May -2007 MOUNTING AND LAMINATING 310940 22- May -2007 MOUNTING AND LAMINATION PRIP 311061 29- May -2007 MOUNTING OF PRINTED MATERIAI 310805 15- May -2007 INDIVIDUAL AWARD 310941 22- May -2007 NIAGARA FALLS GROWTH STRATE 310806 15- May -2007 REIMBURSEMENT FOR D LICENSE 310942 22- May -2007 SAFETY SHOES 311062 29 -May -2007 STONE ART 311063 29- May -2007 SERVICE DEPOSIT REFUND 310852 08- May -2007 MILEAGE- APRIL/07 310808 15- May -2007 COURTS COSTS Page 4 of 8 Amount 321.73 604.20 2,120.00 150.00 7,503.91 45.00 51.00 300.00 45.00 2,650.50 971.28 3,060.75 179.23 8,499.08 276.00 31.80 2,873.54 28.00 932.80 219.50 196.87 15.00 21.15 235.93 36.00 146.00 222.60 45.00 750.00 3,731.20 4,001.50 2,755.15 115.00 332.50 51.50 5,993.41 4,240.00 833.71 711.36 106.27 248.04 570.00 94.62 912.00 138.20 597.92 3,395.00 145.00 682.29 300.00 875.17 45.00 692.00 750.00 100.00 5,475.75 66.00 54.00 404.79 11,089.91 84.00 60.00 99.06 22.80 17.10 32.35 4,128.05 75.00 150.00 660.00 750.00 260.50 8,085.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN CRANE MODERN LANDFILL INC MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,JOHN MORRISSEY,DENYSE MOSEK,ANITA MR QUICK SOFT CLOTH MUNICIPAL TAX EQUITY CONSULTANTS INC MUNICIPALITY OF MARKSTAY MARKSTAY WARREN FIRE DEPAR MUSSARI,TOM NEDCO NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA COLLEGE STUDENT ADMINISTRATIVE COUNCIL INC NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS HORTICULTURAL SOCIETY NIAGARA FALLS ILLUMINATION BOARD NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS BADMINTON TENNIS LAWN BOWLING CLUB NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS CURLING CLUB NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS IMAX THEATRE NIAGARA FALLS LAWN BOWLING CLUB NIAGARA FALLS LIGHTNING GYMNASTIC CLUB NIAGARA FALLS SUMMER_PLAYGROUND NIAGARA FALLS SUMMER SWIM LESSONS COMMITTEE NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA NEWSPAPER GROUP NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA ROADS SUPERVISORS NIAGARA SAW SALES AND SERVICE NIAGARA SHEET METAL NIAGARA SHEET METAL NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA WORSHIP CENTRE NIAGARA.COM NISUS CONSTRUCTION LTD NITSOPOULOS,JIM NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS OACETT Cheque No. Cheque Date Purpose 310555 02- May -2007 REMITTANCE 310944 22- May -2007 REMITTANCE 310653 08- May -2007 PAYROLL REMITTANCE 310807 15- May -2007 PAYROLL 310943 22- May -2007 PAYROLL REMITTANCE 311064 29- May -2007 PAYROLL REMITTANCE 310654 08- May -2007 EQUIPMENT RENTAL 310945 22- May -2007 WASTE PICK UP 310655 08- May -2007 BOYS GIRLS CLUB 310946 22- May -2007 MAINTENANCE CONRACT 311066 29- May -2007 EQUIPMENT RENTAL 310656 08- May -2007 MILEAGE- APRILJ07 310657 08-May -2007 MILEAGE APR /07 310809 15- May -2007 PARKING REFUND 310658 08- May -2007 VEHICLE WASHING 310810 15- May -2007 CASINO AND GAMING 310947 22- May -2007 SYMPOSIUM 2007 310811 15 -May -2007 PETTY CASH 310949 22- May -2007 INVENTORY /STORES 310950 22- May -2007 AUTOMOTIVE SUPPLIES AND PAR' 310951 22- May -2007 CONSTRUCTION MATERIALS 311067 29- May -2007 CONSTRUCTION MATERIAL 310812 15- May -2007 ADVERTISING 310952 22- May -2007 ADVERTISING 311074 29- May -2007 GRANT 311075 29- May -2007 MEMBER FEE 310665 08- May -2007 PAYROLL REMITTANCE 310815 15-May -2007 PAYROLL REMITTANCE 310957 22- May -2007 PAYROLL REMITTANCE 311078 29- May -2007 PAYROLL REMITTANCE 311068 29- May -2007 GRANT 310659 08- May -2007 FUNDRAISER 311069 29- May -2007 GRANT 310557 03- May -2007 CONTRACT SERVICES 310661 08- May -2007 CONTRACT SERVICES 310953 22- May -2007 DOG TAGS REMITTANCES 311070 29- May -2007 CONTRACT SERVICES 311071 29-May -2007 ROAD SERVICES 310662 08- May -2007 WATER ARREARS 310663 08- May -2007 UTILITIES 310814 15-May -2007 UTILITIES 310860 15 -May -2007 WATER ARREARS 310955 22- May -2007 WATER ARREARS 310956 22 -May -2007 UTILITIES 311072 29- May -2007 WATER ARREARS 311073 29- May -2007 UTILITIES 310664 08- May -2007 FILM FESTIVAL 311076 29- May -2007 GRANT 311077 29- May -2007 GRANT 311080 29- May -2007 GRANT 311079 29- May -2007 GRANT 310558 03- May -2007 GRANT 311081 29- May -2007 GRANT 310958 22- May -2007 AMBULANCE SERVICE 311082 29-May -2007 ADVERTISING 310666 08- May -2007 UTILITIES 310816 15- May -2007 PROGRAM IMPLEMENTATION 311083 29- May -2007 AIR EMMISSION REDUCTION PRO( 310667 08- May -2007 TRUCK RODEO 2007 310959 22- May -2007 HARDWARE 310668 08- May -2007 REPLACEMENT PARTS 311084 29- May -2007 MAINTENANCE AND REPAIRS 310669 08- May -2007 MAINTENANCE AND REPAIRS 310817 15- May -2007 MAINTENANCE AND REPAIRS 310670 08- May -2007 ADVERTISING 311085 29- May -2007 ADVERTISING 310871 08- May -2007 GRANT 311086 29- May -2007 SITE PLAN DEPOSIT REFUND 310813 15- May -2007 COMPUTER NETWORKING 311087 29- May -2007 SNOW REMOVAL EQUIPMENT REN 310672 08- May -2007 SECURITIES RETURN WATERFROI 310673 08-May -2007 CANADA DAY DEPOSIT 310818 15-May -2007 SUBSCRIPTION Page 5 of 8 Amount 54,466.23 5,282.60 1,801.83 1,673.60 1,673.60 1,709.60 1,146.39 831.13 2,171.15 330.37 2,650.89 244.00 135.00 20.00 166.42 291.50 450.00 133.56 246.24 6,495.35 144.33 116.92 189.74 1,017.01 800.00 34,550.00 2,078.72 2,060.80 2,060.80 2,060.80 10,000.00 300.00 10,000.00 37,711.87 233,20 155.00 37,711.87 750.00 9,605.38 2,306.64 2,945.51 8,080.71 7,955.83 15,312.38 7,843.17 108,074.52 625.00 4,000.00 1,000.00 15,800.00 15,000.00 27,500.00 27,500.00 45.00 941.28 56.06 5,000.00 5,000.00 40.00 49.81 199.50 2,536.50 3,760.66 206.61 42.40 279.84 250,000.00 14,000.00 152.06 5,565.00 33,665.00 1,500.00 196,52 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name OATLEY,SHAWN OCE- CANADA INC OLDE TOWNE BUILDING COMPANY LTD OLEKSUIK,AL OMERS PAGENET OF CANADA INC PAPER DIRECT PEAK TECHNOLOGIES CANADA PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PENINSULA CONSTRUCTION INC PENINSULA CONSTRUCTION INC PENINSULA CONSTRUCTION INC PENINSULA PURE WATER PENINSULA PURE WATER PERFORMANCE PLUS CHEMDRY PHILIPS ENGINEERING PHILIPS ENGINEERING PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PIPEFLO CONTRACTING CORPORATION PKF CONSULTING POSTAGE BY PHONE PRATA,GUY PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRAXL,W. PRITCHARD,DAVID PROJECT SHARE PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PTASHNYK,MIKE PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUARANTO,JOE R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC RACINE,LORRAINE RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RBC LIFE INSURANCE COMPANY RBC ROYAL DIRECT CALL CENTER RCI CONSULTING RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL DOORS HARDWARE REVILL,JOSEPH RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED RIVER REALTY DEVELOPMENT (1976) INC ROGERS WIRELESS INC ROTHSAY ROTO ROOTER PLUMBERS RUSSELL AVIATION GROUP RYAN,MRS, SACCO CONSTRUCTION SAFEGUARD ELEVATOR MAINTENANCE LTD SALCI,TED SCOTIABANK SCOTIABANK SCOTIABANK SEALER WORKS SEALER WORKS SHAHEEN PEAKER LTD SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER Cheque No. Cheque Date Purpose 310674 08- May -2007 REIMBURSEMENT INTERNET FEE 311088 29- May -2007 MONTHLY MAINTENANCE 311089 29- May -2007 SERVICE DEPOSIT REFUND 310960 22- May -2007 REIMBURSEMENT 310675 08- May -2007 PAYROLL REMITTANCE 310961 22- May -2007 UTILITIES 310676 08- May -2007 OFFICE SUPPLIES 310962 22- May -2007 ANNUAL MAINTENANCE COVERAE 310677 08- May -2007 ROOF INSPECTION SERVICE CEN' 310963 22- May -2007 MAINTENANCE AND REPAIRS 310821 15 -May -2007 REPAIR BARRICADE ON PORTAGE 310964 22- May -2007 INSTALL CHAINLINK FENCING 311090 29- May -2007 MAINTENANCE AND REPAIRS 310678 08- May -2007 WATER SERVICE 310820 15- May -2007 WATER SERVICE 311091 29- May -2007 CLEANING CONTRACT SERVICES 310822 15- May -2007 GRASSY BROOK WATERMAIN 311092 29- May -2007 GRASSY BROOKWATERMAIN CON 311093 29- May -2007 TREE REMOVAL AND TRIMMING 310679 08- May -2007 SEWER INSPECTIONS 310823 15- May -2007 SEWER INSPECTION 310680 08- May -2007 CASINO CONSULTING 311094 29- May -2007 POSTAGE 310824 15- May -2007 TRAVEUMILEAGE 311095 29- May -2007 TRAVEUMILEAGE 310681 08- May -2007 CYLINDER RENTALS 310965 22- May -2007 CYLINDER RENTALS 311096 29 -May -2007 CYLINDER RENTALS 310682 08- May -2007 SERVICE DEPOSIT REFUND 310966 22- May -2007 FUNDING 310559 03- May -2007 GRANT 311097 29- May -2007 GRANT 310683 08- May -2007 PARK STREET UNDERGROUND SE 310967 22- May -2007 REIMBURSEMENT 310684 08- May -2007 COURIER CHARGES 310825 15-May -2007 COURIER CHARGES 310968 22- May -2007 REMITTANCE 311098 29- May -2007 SERVICE DEPOSIT REFUND 310688 08- May -2007 CLOTHING 310832 15- May -2007 CLOTHING 311103 29- May -2007 UNIFORM SHIRTS 310969 22- May -2007 TUITION REIMBURSEMENT 310826 15- May -2007 STORES /INVENTORY 311099 29- May -2007 STORES /INVENTORY 310732 11- May -2007 AD D INSURANCE PREMIUMS 311100 29 -May -2007 TAX REFUND 310970 22- May -2007 CONSULTING SERVICES 310685 08- May -2007 PAYROLL REMITTANCE 310827 15- May -2007 PAYROLL REMITTANCE 310971 22- May -2007 PAYROLL REMITTANCE 311101 29- May -2007 PAYROLL REMITTANCE 310687 08- May -2007 HARDWARE 310830 15- May -2007 2007 INDIVIDUAL AWARD 310831 15- May -2007 APPRAISAL REPORT 311141 29 -May -2007 COST SHARE DEERFIELD ESTATE 310973 22- May -2007 UTILITIES 310689 08- May -2007 MAINTENANCE SUPPLIES 311105 29- May -2007 PIPE REPLACEMENT 311106 29- May -2007 ADVERTISING 310690 08- May -2007 REFUND 310833 15- May -2007 SNOW PLOWING 310974 22- May -2007 MAINTENANCE CONTRACT 311107 29- May -2007 TRAVEL ALLOWANCE 310691 08- May -2007 PURCHASE CARD 310730 09- May -2007 US DRAFT 310834 15- May -2007 U S DRAFT 310975 22- May -2007 PAVEMENT MARKING PAINT 311108 29- May -2007 LINE PAINTING 310692 08- May -2007 TESTING SERVICES GRASSY BRO. 310693 08- May -2007 PAINT 310976 22- May -2007 PAINT SUPPLIES 311109 29- May -2007 PAINTS 310977 22- May -2007 CONTRACT SERVICES Page 6 of 8 Amount 49.75 1,979.22 750.00 15.00 189.94 352.66 144.10 2,799.61 564.54 512.70 1,546.83 3,044.24 360.40 350.00 50.00 593.60 50,166.34 20,997.70 7,568.40 6,911.20 25,237.67 6,343.31 21,200.00 22.50 23.50 1,551.37 93.31 103.63 750.00 45.00 21,043.63 21,038.63 468,484.28 25.06 176.40 62.72 23.75 750.00 4,214.34 17,532.55 205.60 215.73 266.23 165.76 2,459.46 51.86 742.00 209,379.17 197,680.34 205,725.07 214,482.28 190.80 36.54 1,111.94 534,817.69 2,316.90 40.28 424.00 159.00 193.90 3,747.10 271.36 1,155.00 134,148.26 331.29 279.38 708.88 1,656.70 1,156.46 1,864.59 716.87 2,503.62 68•90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name SICO INC SICO INC SICO INC SICO INC SIGNATURE SIGNS SIMCOE GLASS ALUMINUM SIMCOE GLASS ALUMINUM SIMONS RESTAURANT SMITH,LEE SPECK INDUSTRIES INC ST CATHARINES DISTRICT SHRINE CLUB STAMFORD CENTRE VOLUNTEER FIREMENS ASSOCIATION STAMFORD LIONS CLUB INC STAMFORD LIONS MEMORIAL HALL STANDARD RADIO INC STAR COLLISION SERVICE STINSON EQUIPMENT LIMITED STREAMLINE STREAMLINE STREAMLINE SULLIVAN MAHONEY SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUPERIOR PROPANE INC SUPERIOR PROPANE INC T.8 VAILLANCOURT CONSTRUCTION INC TALK WIRELESS INC TAOIST TAI CHI SOCIETY OF CANADA TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC THE CAMERA PLACE FOTO SOURCE THE DRAFTING CLINIC CANADA LTD THE DRAWING CENTRE THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE GREENFIELD GROUP LTD THE GREENFIELD GROUP LTD THE JACKET CELLAR THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE UNIVERSITY OF WESTERN ONTARIO THISTLEWAITE YARDWORKS THOMPSON,JEFFRY TORONTO STAMP INC TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TREASURE HOUSE IMPORTS LTD TUDINI,SELENE TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC Cheque No. Cheque Date Purpose 310694 08- May -2007 MATERIALS 310835 15 -May -2007 MATERIALS 310978 22- May -2007 INVENTORY /STORES 311110 29- May -2007 STORES /INVENTORY 310695 08 -May -2007 VEHICLE LOGOS 310696 08- May -2007 GLASS REPLACEMENT 310979 22- May -2007 REPAIR MATERIALS 310697 08- May -2007 SPORTS WALL OF FAME 310980 22- May -2007 PETTY CASH 310698 08- May -2007 T SHIRTS FOR SCHOOLS IN BLOO 310701 08- May -2007 SPONSORSHIP 311112 29- May -2007 GRANT 311111 29- May -2007 GRANT 310699 08- May -2007 ADVERTISING 310836 15- May -2007 ADVERTISING 310700 08- May -2007 AUTOMOTIVE REPAIRS 310702 08- May -2007 EQUIPMENT RENTAL 310703 08- May -2007 REPAIRS 310837 15- May -2007 BUCKET SEAT REPAIRS 310981 22- May -2007 TARP REPAIRS 310982 22- May -2007 LEGAL SERVICES 311113 29- May -2007 LEGAL SERVICES 310838 15- May -2007 REMITTANCE 310862 16 -May -2007 INSURANCE PREMIUMS 310704 08- May -2007 PROPANE USAGE 310839 15- May -2007 PROPANE USAGE 311124 29- May -2007 MAINTENANCE AND REPAIRS 310983 22- May -2007 CANOPY RENTAL 311114 29- May -2007 REBATE FOR CHARITABLE ORGAt' 310841 15-May -2007 UTILITIES 310705 08- May -2007 UTILITIES 310842 15- May -2007 UTILITIES 310843 15- May -2007 UTILITIES 311115 29- May -2007 EQUIPMENT 310844 15- May -2007 FILM 311116 29- May -2007 MATERIALS 310706 08- May -2007 MATERIALS 310707 08- May -2007 MAINTENANCE AND REPAIRS 310984 22- May -2007 EQUIPMENT RENTAL 311117 29-May -2007 EQUIPMENT RENTAL 310708 08- May -2007 SNOW PLOWING 310985 22- May -2007 SNOWHAULING 311198 29- May -2007 UNIFORMS 310846 15- May -2007 CONCESSION SUPPLIES 310709 08- May -2007 BUSINESS CARDS 310847 15- May -2007 BUSINESS CARDS 310986 22- May -2007 BUSINESS CARDS 310556 03- May -2007 KITCHENER ST CONSTRUCTION 310686 08- May -2007 HHW PROGRAM 310828 15- May -2007 APPLICATION FEE 310829 15- May -2007 APPLICATION FEE 310861 16-May -2007 TAX LEVY 311003 23- May -2007 LEACHATE CREDIT 311004 23 -May -2007 SIGNS 311102 29- May -2007 EQUIPMENT RENTAL 310987 22- May -2007 ADVERTISING 310849 15- May -2007 REMITTANCE 311119 29- May -2007 YARD MAINTENANCE 311120 29- May -2007 SAFETY SHOES 310988 22- May -2007 OFFICE SUPPLIES 311139 29- May -2007 NIAGARA FALLS TOURIST PARKIN( 311140 29- May -2007 HURON STREET OPENING 310850 15- May -2007 LOGO PINS 310989 22- May -2007 TUITION REFUND 310710 08-May -2007 MILEAGE APR /07 310711 08- May -2007 MILEAGE- APRIU07 310712 08- May -2007 STORES /INVENTORY 310851 15-May -2007 MATERIALS 310990 22- May -2007 STORES /INVENTORY 311122 29 -May -2007 STORES /INVENTORY 311123 29- May -2007 PAYROLL REMITTANCE 310852 15- May -2007 WARREN CREEK WATERSHED 310714 08- May -2007 CLIFTON HILLNICTORIA INTERSE( Page 7 of 8 Amount 413.36 1,418.16 2,651.01 146.55 2,793.00 291.03 451.13 50.75 132.33 655.50 232.00 15,200.00 6,000.00 100.00 265.00 6,155.17 15,847.69 507.30 296.40 364.80 4,006.06 12,000.73 791.63 255,826.51 1,127.38 31.35 2,014.00 106.75 1,713.60 2,768.89 1,359.21 413.19 7,354.58 50,314.75 188.10 377.97 105.04 22, 768.08 17,875.20 8,299.20 5,559.70 9,314.65 447.45 286.50 124.26 279.30 141.36 1,100.00 1,502,301.83 2,300.00 1,200.00 14,175,207.00 1,529,470.66 7,087.75 9,472.01 8,028.94 583.92 208.70 136.79 743.62 4,834.99 24,086.49 3,900.80 86.51 161.00 60.00 204.16 315.12 38.59 49.28 1,557.50 4,216.42 2,378.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name URBAN METRICS INC V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VALLANCE,JESSICA VANCOR SUPPLY VANCOR SUPPLY VAUGHN,LINDA VCR VIDEO WAREHOUSE INC VIC VATRT CONTRACTING LTD VIEIRA,LUIS M VIG, WAYNE VIKING LIVES LTD VILLAGE OF CHIPPAWA CITIZEN S COMMITTEE WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS ASPHALT WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WHITE HILL TURNER MOORE LP CGA WIDDRINGTON,STEVE WILSON,DAN WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WOODINGTON SYSTEMS INC WOODWARD,REGIS& WOODWARD, MAY WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB YELLOW PAGES GROUP YMCA YMCA YWCA ST CATHARINES YWCA ST CATHARINES ZANCHIN TRUCK TRAILER INC Cheque No. 310853 310993 310715 310991 310992 310716 311125 311126 311127 310717 310854 310994 310995 311128 310719 310855 310996 311129 310718 311130 310721 310856 310722 310998 310999 311131 310560 311132 311000 310561 310723 311133 310724 311134 310725 310857 311001 311135 310858 310726 310727 311136 310562 311137 311138 Cheque Date 15- May -2007 22- May -2007 08- May -2007 22- May -2007 22 -May -2007 08- May -2007 29- May -2007 29- May -2007 29- May -2007 08- May -2007 15- May -2007 22 -May -2007 22- May -2007 29- May -2007 08- May -2007 15- May -2007 22- May -2007 29- May -2007 08- May -2007 29- May -2007 08- May -2007 15- May -2007 08- May -2007 22 -May -2007 22- May -2007 29- May -2007 03- May -2007 29- May -2007 22- May -2007 03- May -2007 08- May -2007 29- May -2007 08- May -2007 29- May -2007 08- May -2007 15- May -2007 22- May -2007 29- May -2007 15-May -2007 08- May -2007 08- May -2007 29- May -2007 03- May -2007 29- May -2007 29- May -2007 Purpose CONSULTING SERVICES CONTRACT SERVICES INSTALLATION OF LASERFICHE IN CARTEGRAPH IMPLEMENTATION FUNDING HYDRANT PARTS REPAIR CLAMPS SERVICE DEPOSIT REFUND OFFICE SUPPLIES MECHANIC ST AND KELLER ST PARKING INFRACTION REFUND TRAVEL/MILEAGE PARTS FOR DUMP TRUCKS GRANT MATTS MATTS MATTS GRANULAR STONE TAX REFUND GRANULAR MATERIALS STORES /INVENTORY STORES /INVENTORY FUNDRAISER BATTLE OF THE BANDS TUITION REIMBURSEMENT CARETAKER SERVICES GRANT GRANT MAY AIRTIME GRANT BOWLING TOURNAMENT 2007 GRANT CONTAINER REFUND FUEL FUEL FUEL FUEL REMITTANCE ADVERTISING HEATING COSTS PAYROLL REMITTANCE GRANT GRANT STORES/INVENTORY Page 8 of 8 Amount 28,606.96 13,296.85 4,788.00 8,461.56 70.00 8,499,04 179.73 750.00 108.30 35,344.87 31.00 126.00 4,834.54 1,151.00 316.35 10.97 46.64 2,626.61 2,745.06 3,303.71 1 1,874.24 12,829.11 120.00 200.00 346.04 65.00 31,666.67 31,666.87 5,608.40 2,083.37 120.00 2,083.37 84.80 2,054.40 1,020.97 24,934.61 7,420.36 29,879.20 35,464.76 28.41 1,600.51 30.00 5,181.87 5,181.87 49.59 Total 23,266,257.18 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 11 day of June, 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 11 day of June, 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 of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11, 2007. June 11, 2007. June 11, 2007.