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2008/04/28COUNCIL MEETING Monday, April 28, 2008 Order of Business and Agenda Package Niagara COUNCIL MEETING April 28, 2008 O CANADA: Valerie Borghesi will sing the National Anthem PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of April 14, 2008 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Boys Girls Club DEPUTATIONS /PRESENTATIONS Mayor's Youth Advisory Committee Alison Greaves and Christopher Clarkstone, Co- Chairs of the Mayor's Youth Advisory Committee will provide Council an update on the various upcoming activities for the year. Gloria Katch, Fund Development Promotions Supervisor, will speak to Council regarding various Boys Girls Club Events. PLANNING MATTERS Public Meeting AM- 2008 -007, Zoning By -law Amendment Application 4865 -4871 St. Lawrence Avenue Applicant: Community of Christ/ Out of the Cold Proposed Emergency Shelter Background Material: Recommendation Report: PD- 2008 -31 -AND- Correspondence from Niagara Community Outreach Correspondence from Community of Christ Correspondence from Andre Plouffe Correspondence from Rosamond Heron Correspondence from Niagara Region Planning Development Correspondence from Warren Barbara Shea Public Meeting 26CD -11- 2008 -04 Draft Plan of Vacant Land Condominium 3232 Montrose Road (East Side), Opposite Matthews Drive Owner: 1736194 Ontario Limited (Fred Sacco) Background Material: Recommendation Report: PD- 2008 -33 Public Meeting 26CD -11- 2007 -06, Draft Plan of Condominium 6911/6921 Barker Street (Northwest Corner at Dorchester Road) Owners: Brian Sinclair Karen DeGiorgio, 623381 Ontario Inc. (Karen DeGiorgio) FKS The Real Estate People Inc. Background Material: Recommendation Report: PD- 2008 -34 2 Public Meeting 26CD -11- 2008 -02, Draft Plan of Condominium 6263 Valley Way (North Side), West of Drummond Road Owner: 2152332 Ontario Inc. (Cynthia LeWally) Background Material: Recommendation Report: PD- 2008 -35 -3 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Association of Naturopathic Doctors Request that May 4 -11, 2008 be proclaimed as Naturopathic Medicine Week in the City of Niagara Falls. RECOMMENDATION: For the approval of Council 2. Niagara Parks Commission Fireworks Annual request for approval. RECOMMENDATION: For the approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -17 Low Income Seniors Property Tax Water Rebate F- 2008 -18 Major Receivables Quarterly Report MW- 2008 -23 Assumption of Various Subdivisions -4- PD- 2008 -36 Extension of Sidewalk Cafe Operating Session PD- 2008 -37 2007 Housing Monitoring Report TS- 2008 -28 Tender for the Supply of Materials and Services for Pavement Markings Contract T2008 -06 (On- Street Small Machines) Contract T2008 -07 On- Street Application Truck Mounted) TS- 2008 -29 Tender for the Supply of Materials and Services for Pavement Markings Municipal Parking Lots BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -67 A by -law to establish Part of Township Lot 179, Stamford, as a public highway, to be known as and to form part of McLeod Road. 2008 -68 A by -law to authorize the execution of an Agreement with Winter Festival of Lights respecting the use of the Niagara Falls Memorial Arena for the Spring in Bloom Concert Series. 2008 -69 A by -law to provided for the adoption of an amendment to the City of Niagara Falls Official Plan. 2008 -70 A by -law to amend By -law No. 79 -200, to recognize an existing public park. 2008 -71 A by -law to amend By -law No. 79 -200, to permit the development of a semi- detached dwelling on the land. 2008 -72 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of April, 2008. NEW BUSINESS Teresa Fabbro singer From: "Laurie" <tanez @cogeco.ca> To: "dean iorfida" <diorfida @niagarafalls.ca> Date: 4/19/2008 10:03 PM Subject: singer Hi Dean I have not received a biography for your singer on Monday the 28th or for May 12 or 26!! I will give you what I know April 28 Valerie Borghesi Valierie is a grade 6 student at St. Vincent de Paul School. She has appearned in several school musicals and is currently rehearsing her part in the school's upcoming presentation of "Grease May 12 Katelynn and Emily Hilborn 10 year old Katelynn and 8 year old Emily enjoy singing and study with their mother, a music teacher. May 26 Lorna Hilborn Lorna is a music teacher in Niagara Falls. Laurie (4/21/2008) Teresa Fabbro mayor's youth presentationto council' From: Carey Campbell To: Teresa Fabbro CC: Dean Iorfida Date: 4/21/2008 8:58 AM Subject: mayor's youth presentation to council Hi Teresa: The entire Mayor's Youth Advisory Committee will be in attendance at Mondays Council meeting. The two students making the oral presentation are: Alison Greaves and Christopher Clarkstone, Co- Chairs of the Mayor's Youth Advisory Committee. thanks, carey (4/21/2008) Teresa Fabbro Fwd: RE: Agenda for Council Meeting Page 1 From: Dean Iorfida To: Teresa Fabbro Date: 4/18/2008 10:22 AM Subject: Fwd: RE: Agenda for Council Meeting Dear Mr. lorfida: 1 am officially requesting permission to be placed on City Council's agenda for May 12 at 7 p.m. 1 am with the Boys and Girls Club in Niagara Falls, and I wish to give a brief update on our programming and promote our upcoming golf tournaments and Partners in the Sky as fundraisers. 1 would hope that the City would offer its support and perhaps participate in the tournament or sponsor a skydiving enthusiast to experience a thrill of a lifetime. I will provide some flyers and information on the event for all council members. The presentation should not take more than about five minutes. Thank you for your attention in this matter. Gloria Katch Fund Development Promotions Supervisor Boys Girls Club of Niagara Thanks Gloria. We might be able to squeeze you in for our next meeting: April 28th. Would you have people available for that? Hello Mr. lorfida: Yes, we would be able to squeeze in for April 28 at 7 p.m. Thank you for this opportunity and your continued support of the Boys and Girls Club. Sincerely, Gloria Katch Hello Mr. lorfida: Yes, we would be able to squeeze in for April 28 at 7 p.m. Thank you for this opportunity and your continued support of the Boys and Girls Club. Sincerely, Gloria Katch April 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagar af'alls Re: PD- 2008 -31 AM- 2008 -007, Zoning By -law Amendment Application 4865 -4871 St. Lawrence Avenue Applicant: Community of Christ Out of the Cold Proposed Emergency Shelter PD- 2008 -31 That Council approve the Zoning By -law amendment application to permit the existing building to be used as an emergency shelter and a community kitchen for charitable purposes, independent of a place of worship, subject to the conditions outlined in this report. Community of Christ and Out of the Cold have requested an amendment to Zoning By -law No. 79 -200 for a 1,395 square metre (15,017 square foot) parcel of land known as 4865- 4871 St. Lawrence Avenue, as shown on Schedule 1. The land was rezoned in 1996 to a site specific Institutional (1 -396) zone permitting a place of worship and an accessory community kitchen for charitable purposes. The applicants are requesting changes to the 1 -396 zone to permit the existing building on the property to be used as an emergency shelter and a community kitchen with or without a place of worship (as the place of worship use may cease in the future). For 22 years, a community kitchen has been operated on the subject property to serve meals to persons in need. The program moved from the church basement into the newly constructed community hall 10 years ago. Out of the Cold have been running an emergency shelter during the winter months out of the Morrison Street United Church at 4527 Morrison Street for about 8 years. As this shelter is closing, the shelter and the community kitchen programs are proposed to be consolidated on the subject property and operated as Niagara Community Outreach. 4310 Queen Street, Po. 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 April 28, 2008 Site Conditions and Surrounding Land Uses A place of worship and community hall, used by Community of Christ and Out of the Cold, exist on the subject site. The land is surrounded by a range of residential dwellings, including single detached and duplex dwellings and a high density, high rise apartment building. Circulation Comments Regional Municipality of Niagara No objections from a Regional or Provincial planning perspective. Fire Services No objections. Fire safety concerns can be addressed through the normal building permit process. Municipal Works, Transportation Services, Building and By -Law Services, Legal Services No objections. Resident Comments Neighbourhood Meeting Out of the Cold hosted a neighbourhood meeting on Saturday, April 12, 2008. Two neighbours attended the meeting, and cited concerns about loitering and the behavior of some of the patrons of the community kitchen. Out of the Cold representatives stated that they would improve surveillance of the outside of the building. In addition, the neighbours had some concerns about the length of stay of patrons of the shelter, and the possibility the shelter could remain open during the warmer months of the year. Out of the Cold responded to the latter concern by stating that they would be agreeable to restricting the use of the shelter, in the amending zoning by -law, to the months they typically operate (November to April). Planning Analysis 2 PD- 2008 -31 Three letters from area residents, two letters expressing support for the application and one letter citing concerns about the application, have been received to date and appear on the agenda for Council's consideration. 1. The requested amendment conforms to the Official Plan. The land is designated Residential by the Official Plan. Although Residential lands are primarily intended for a variety of residential dwellings, a number of ancillary uses, including places of worship and community facilities, may be permitted where they are compatible with surrounding lands. The proposed amendment conforms to the Official Plan as follows: April 28, 2008 3 PD- 2008 -31 The request is to permit an additional use (emergency shelter) as well as to allow operation of the community kitchen independent of a place of worship. No changes in the intensity of the community kitchen use are expected. Provided the months the emergency shelter can operate are controlled, no additional land use impacts on surrounding uses are expected. No changes to the site or the existing building are proposed. The site development will continue in a form that is compatible with surrounding development. No additional traffic will be generated by the emergency shelter. Most clients of the shelter are homeless and arrive on foot. The small number of volunteers serving the shelter that may drive are not expected to have an impact on the traffic on surrounding streets. No significant changes to the traffic generation of the community kitchen are expected as a result of this zoning. The proposed shelter and existing community kitchen provide an important service to citizens in an appropriate location. As the site is centrally located, close to transit routes and social services, those who need to use the shelter and kitchen can readily access this facility. 2. The requested zoning is appropriate. The current site specific 1 -396 zone permits a place of worship and an accessory community kitchen for charitable purposes, exempts these uses from providing required parking and provides site specific development standards that permit the development of the existing building on the site. Current zoning provisions are recommended to be incorporated into a new site specific I zone, with the exception that a place of worship, community kitchen for charitable purposes and an emergency shelter be permitted. The proposed zoning provides flexibility in case one or more of these uses cease. The emergency shelter is proposed to be defined as follows: "Emergency shelter means a facility providing temporary housing for one or more individuals who are otherwise homeless, but shall not include a dwelling." This definition, refined from the draft definition provided in the public meeting notice, allows short term shelter for persons in need while clarifying that the shelter is not intended to provide permanent residency. This definition is intended to alleviate concerns about long term occupancy of the shelter. Out of the Cold have also requested the amending by -law restrict the operation of the emergency shelter from November 1 to April 1. This request responds to concerns about the operation of the shelter during the warmer months of the year. Although Out of the Cold typically ceases operation of the shelter at the end of March, they request flexibility in allowing use of the shelter in April in case of occasional cold weather. April 28, 2008 A.Bryce:yb Attach. 4 PD- 2008 -31 The land is comprised of two Tots, with the parking lot located on the southerly lot. The two Tots could conceivably be developed separately, leaving the uses on the north lot without any parking. To ensure the Tots remain together and parking is available for all the uses on the land, the amending by -law will contain regulations recognizing the two lots as one lot. The safe occupancy of the building will be controlled through the applicable Building and Fire Code regulations. CONCLUSION: 1. The proposed zoning by -law complies with the Official Plan with respect to locating ancillary uses in the Residential designation and therefore can be supported. 2. The proposed zoning will permit the existing and proposed uses and will provide adequate controls on the proposed emergency shelter use. Recommended by: Approved by: Respectfully submitted: Ed D jlovic, Executive Director of Community Services S: \PDR\2008 \PD- 2008 -31, AM- 2008 -007 4865 -4871 St. Lawrence Ave, Out of the Cold .wpd Alex Herlovitch, Q'rector of Planning Development .�I Johr acDonald, Chief Administrative Officer Subject Land W SCHEDULE 1 LOCATION MAP MORRISON ST SIMCOE ST Amending Zoning By -law No. 79 -200 Location: 4865 and 4871 St. Lawrence Avenue Applicant: Community of Christ/Out of the Cold K: \GIS_ Requests\ 2008\ Schedules \ZoningAM\AM- 07\mapping.map ELLIS ST 1:NTS AM- 07/2008 March 2008 Schedule 2 II 14 3 A V 33113MV3° IS i-: e Q. Z f= LI.. CI 6 ca 4.1 t. ...1 11 (100 II 'WI d1(flq 1111141S1V4 1 1 h3101 11,f141 111 1 S 111 311111 mos 6 OSP 1111 VI JTS 4 00C11 '11/11 Mayor Salci Councillors Niagara Falls City Hall Queen Street, March 7, 2008 Dear Mayor Salci Councillors; jsaa ara mmwzt1 Outread (Out of the Cold Community Kitchen) 4865 St. Lawrence Ave., Niagara Falls, On., L2E 3Y1 RE: REQUEST TO ADD "EMERGENCY SHELTER" TO PERMITTED USE As previously indicated Out of the Cold urgently needs to relocate. In order to secure the future of this needed program and also the Community Kitchen both of these organizations have mutually agreed to amalgamate and operate under the name of Niagara Community Outreach. The combined organization wishes to operate out of the church facilities at the Community of Christ, 4865 St. Lawrence Ave. where the Community Kitchen is currently located. The existing zoning by-law will need to be amended in order to allow this to happen. Attached is an application to add "emergency shelter" to the wording of the zoning. The "sleep-over" portion of the program would run from November to March as it does currently. Up to 10 guests would be housed in the basement of the Chapel depending on the demand. (Often there are none- average is 3 or 4). We have already consulted with the fire and health departments and are working with them to 'ensure that the facility would be safe and meet standards. There are always 2 volunteers awake and on duty when anyone stays over. Please help us keep this needed program going for the needy in Niagara. Your support is appreciated.. If you have any question or concerns please do not hesitate to call any of the people listed below. Thank you for your titne and consideration. Best Regards lak)/ jjk. Angus Lafford Verna L Craig Shirley Stoner Out of the Cold Community Kitchell Comm WI ity of Christ executive director executive director pastor 905-358-7728 905-397-0505 905-358-0331 RECEIVED MAR 1 1 2008 PLANNING DEVELOPMENT contact Information for zoning change request 4865 St. Lawrence Ave., Niagara Falls, On.L2E 3 Y1 Owner: Community of Christ Canadian Head Office 390 Speedvale Ave. E, Guelph, On., NiE 1N5 Contacts: Bishop Jim Poirier 888-411-7537 ext 23 fax 519-822-1236 Out of the Cold: Angus Lafford director 7836 Rysdale St., Niagara Falls, On., L2H 1 G4 Community Kitchen: Verna Craig director 6479 Russell St, Niagara Falls, On., L2.11P6 90 Shirley Stoner pastor 6527 Sherwood Rd., Niagara Falls, On., L2F, 5M2 905-358-0331 RECEIVED MA 1) 8 (.4, PLANNING DEVELOPMENT VOR.,`VAVE.O.KOCOMMUL Chair of the board Out of the Cold Director Out of the Cold Kitchen Co-ordinator Community Kitch.en Director Connnunity Kitchen Assistant Director Community Kitchell Purchaser Community Kitchen Pickup co•ordinator reasurer Secretary Public Relations und Raising Director olunteer Co-ordinator ealth Safety Co-ordinator roperty Managers ounding Director Auditors 905-354-1640 Niagara Falls Community Outreach (Ou t of the cold Community Kitchen) 4865 Lawrence Avenue Niagara Falls, Ontario, L2E 3Y1 Angus Lafford Dorothy DeYoung Verna Craig Mary Journeau Marie Whitelock Shirley Stoner Ron Douglas Diane Robbins Mike R.epa Joe Cleary Mary Journeau Rex Smith Mike Repa Rev. Lyon Pmn ,s1 RECE/VED APR -8 am P LANNING DEVELQPME March 20, 2008 Dear Neighbours; ommuni•y of f9 nfis 4865 St. Lawrence Ave. Niagara Falls, On., 1.2E 3Y1 905-354-1640 RE: request for zoning amendment, site specific, for the above address; description of "emergency shelter" to be added to the current uses listed Out of the Cold program is forced to leave the current location at the Morrison Street United Church since the building is up for sale. The above request would allow "sleep- overs" iti the basement of the Chapel. Out of the Cold has run quietly out of the current location for 10 years. From November to March an evening meal is offered and overnight shelter is available for those who are in dire need. Often there are no requests for overnight accommodation. To date this season they have operated only 38 nights out of a possible 150 and the maximum number on one night has been 6. Out of the Cold works closely with the housing director at Project Share to find suitable accommodation as soon as possible. The maximum stay at the shelter is 3 days when Project Share is closed on the weekends. There are always at least 2 volunteers who are awake the entire night to supervise when guests stay over. No drugs or alcohol are allowed on premises and all clients must agree to follow established guidelines. An informational meeting win he held at the church hall Sat. A ril 12 2008 at 1pm, to discuss any questions or concerns you may have. Please support this zoning request and help us keep this needed program operating. Best Regards; Shirley Stoner Angus ',afford Verna Craig Conimunity of Christ Out of the Cold Community Kitchen pastor Director Director Mayor Ted. Salci Councilors Queen Street Niagara. Falls, On. April, 5, 2008 Dear Mayor and Councilors; 1 own the property on St. Lawrence Ave., which is adjacent on •the north side to the Community of Christ and lived there for many years. 1 am familiar with the aims, objectives and administration of the Community Kitchen program. There have been no problems having this program next door. The amendment which would allow an emergency shelter should be passed. It is Unportant that the homeless receive assistance and I would much rather have them sleeping in one supervised area than wandering our neighbourhood at night Having a presence in the building at night would also discourage the youth from loitering and vandalism. The Community Kitchen program is well run and am sure the administration continue to be responsible and address any concerns that might arise in the future. This zoning request has my full support. est Regards, Andre Plou 905-321-6606 g53 4g, LYCI0004_ RECEIVED APR 8 2008 PLANNING DEVELOPMENT •S, (4/14/2008) Yvonne Biais Fwd: Zoning Bylaw Arn 6narrert Application AM:2008-007, 4865 4871 8i. Lawrence Aventiel)age 1 From: Andrew Bryce To: Yvonne Blais Date: 4/14/2008 4:10 PM Subject: Fwd: Zoning Bylaw Amendment Application AM-2008-007, 4865 4871 St. Lawrence Avenue Please put this on the Council Agenda for April 28, Thanks, Andrew 'Mabee, Sue" <sue.inabeeptrectionatniagara.on.ca> 4/14/2008 3:46 PM Good afternoon, Re: Proposed Zoning Bylaw Amendment AM-2008-007 Community of Christ/Out of the Cold 4865 4871 St. Lawrence Avenue Regional staff has reviewed the above noted zoning bylaW amendment application. The property is zoned site Specific Institutional, and currently contains avjace ofworship and a .community kitchen The proposed amendment would rezone the subject property to add an emergency shelter :within. the existingbuilding a permitted use The property is:located:within the Urban Area Boundary for the City of :Niagara Falls according to the Regional :Pettey Plan, Based on our review, the proposal: .does not appear to or Regional planning interests. Therefore, Regional staff has ri0 objection from a Regional orProvincial planning perspective to the Zoning Bylaw Amendment application. The Regional Public •Works department has reviewed the application and has no oljjectionS:to the proposal. Please send notice of Council's decision. Sincerely, Sue Mabee, MSc, PL Planner Planning and Development Department Regional Municipality of Niagara Phone: 905-68S-4225 ext. 3386 Fax: 906-641,5208 .7' A RECEIVED APR 1 1 200B PLANNING DEVELOPMENT I To Andrew Bryce, Planner 2: Thank you Warren and Barbara Shea, 4634 Ellis St. Niagara Falls, Ontario L2E1 H9 (905)-358-6643 RECEIVED APR 1 5 2008 PLANNING St DEVELOPMENT April 15, 2008 This letter is in reference to the zoning by-law amendment application, city file #AM- 2008-007, COMITHIllity of Christ/Out of the Cold. My wife Barbara and 1 recently attended an informational meeting on Sat. April 12, 2008 at this location to discuss our concerns. We were advised to write them down and supply you with a copy for further consideration before the public meeting later this month. We were told that every effort will be made to install surveillance cameras out side the building, and that the time allowd to run this program will be restricted to a start date of November1, to an end date of March 31.. Also we discussed the idea of have more police presence (ie: drive-by) during hours of operation. Also noted was an increased effort to be made to reduce loitering before and afier hours. These concerns have been raised due to an increase of personal property losses and garbage left on our property since this community kitchen has opened. These are not conducive to maintaining property value in the neighborhood. Any efforts made to address the above concerns would he appreciated. April 28, 2008 PD- 2008 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niag araj C A N A D A Re: PD- 2008 -33 26CD -11- 2008 -04, Public Meeting Draft Plan of Vacant Land Condominium 3232 Montrose Road (East Side), Opposite Matthews Drive Owner: 1736194 Ontario Limited (Fred Sacco) That Council consider input received at the Public Meeting and refer all matters to staff for review of the Draft Plan of Vacant Land Condominium. The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed condominium 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 condominium proposal and answer any questions. No decision is to be made with respect to approval of the condominium at tonight's meeting. The applicant proposes to register a Vacant Land Condominium over the 3.42 hectare (8.45 acre) site to create vacant units (ie. lots) for the future construction of 70 townhouse dwelling units. The property is located on the east side of Montrose Road, opposite Matthews Drive (see Schedule 1). The proposed plan layout is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit of land in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Revisions to the Planning Act effective January 2007 require a public meeting for vacant land condominium applications which is satisfied by tonight's meetin 4310 Queen Street, P.O Box 1023, Niagara Falls, ON, Canada 1.2E 6X5 905-356-7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development April 28, 2008 The subject land is designated Residential in the City's Official Plan. The property is zoned Residential Low Density, Grouped Multiple Dwellings (R4(H) -674) in accordance with Zoning By -law No. 79 -200 as amended by Zoning By -law No. 2005 -131 (approved August 8, 2005, File AM- 16/2004). This zoning permits a maximum of 75 townhouse dwelling units with site specific development standards. The Holding (H) symbol that applies to the land requires the approval of a noise study and the incorporation of mitigation measures into the project prior to the development proceeding. Preliminary Review Based on a preliminary staff review, the following outlines some of the issues for consideration in the future decision on the proposed condominium: Implementation of required mitigation measures for noise from the QEW and Montrose Road. A noise impact study has been submitted and is under review. The developer will need to install acoustic barriers along the highway and roadway boundaries. Warning clauses will be included in the condominium agreement. The holding (H) symbol could then be removed from the zoning by -law. The future construction of the dwelling units must comply with the detailed building setback provisions of the by -law. This includes a 14 metre (46 foot) separation from the QEW right -of -way for all structures. There are several locations on the preliminary building footprint plan where the zoning setbacks are not satisfied and the overall coverage exceeds the maximum 35% permitted for the site. 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 condominium. Recommended by: Approved by: Respectfully submitted: R.Wilson:mb Attach. 2 PD- 2008 -33 Alex Herlovit Director of Planning Development Ed Dujlo c, Executive Director of Community Services John IV4Donald, Chief Administrative fficer S: \PDR\20081PD- 2008 -33, Public Meeting, 3232 Montrose Road Draft Plan of Vacant Land Condo.wpd SCHEDULE 1 Proposed Plan of Vacant Land Condominium 3232 Montrose Road 26CD -11- 2008 -04 Subject Land i K: \GIS_ Requests\ 2008\ Schedules \Condos\3232_Montrose.map Location Map NORTH DORSET PL" MOUNTJOY CRT N 1:NTS April 2008 SCHEDULE 2 nos QV O O. anrp xun 3S0 X,LNON 9 April 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: ff Niagara,Falls Re: PD- 2008 -34 26CD -11- 2007 -06, Draft Plan of Condominium 6911/6921 Barker Street (Northwest Corner at Dorchester Road) Owners: Brian Sinclair Karen DeGiorgio, 623381 Ontario Inc. (Karen DeGiorgio) and FKS The Real Estate People Inc. 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The applicant proposes to convert the existing 12 -unit rental apartment to a condominium. The plan of condominium subdivision will permit the individual ownership of each unit with the common areas (e.g. hallways, driveways and open space) shared by the condominium corporation. A portion of the property to the north (6019 Dorchester Road) is intended to be added to the apartment site as part of a new parking area. The property is on the northwest corner of Barker Street and Dorchester Road as shown on Schedule 1. The building layout and proposed open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided enants regarding the proposed condominium conversion. 4310 Queen Street, PO. Box 1023, Niagara Falls, ON Canada 12E 6X5 .:905- 356 =7521 :www.niagarafalls.ca Working Together to Serve Our Community PD- 2008 -34 Community Services Department Planning Development April 28, 2008 2 PD- 2008 -34 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2007. The data indicates a vacancy rate of 3.2% for all surveyed apartment units in Niagara Falls. The City -wide rate has decreased from 5.1% in 2006, but the CMHC figures exceed the Official Plan three percent vacancy rate threshold. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The building contains two bachelor apartments and 10 units with one bedroom. The applicant estimates that the selling prices for the proposed condominium units will range from approximately $75,000 to $90,000. These prices would provide additional affordable housing within the City. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. The vacancy rate throughout the major urban centres of Niagara is 4.0% for all apartment units. The Region is not opposed to the conversion of these apartment units given the vacancy rate in the area. Site Assessment The apartment was constructed in 1954 in compliance with Zoning By -law provisions in place at that time. The property is currently zoned Residential Single Family 1C Density (R1 C) in accordance with Zoning By -law No. 79 -200. The apartment has legal non- conforming status since it existed prior to the by -law. Compatibility with the surrounding properties has been established over the years. Consent applications (Files B10/2001/NF B57/2001/NF) were previously granted to separate the building into two apartments along a fire wall and provide servicing easements. The condominium process will re- establish the apartment as a single property. In June 2007, Council approved an application (File AM- 08/2007) to change the zoning of the apartment land and a portion of the rear yard of the abutting property to the north (6019 Dorchester Road) to a site specific Residential Apartment 5A Density (R5A) zone. The April 28, 2008 3 PD- 2008 -34 rezoning will recognize the existing use and building setbacks as well as allow for a new parking area at the rear of the expanded property. Parking spaces at the corner of Dorchester Road and Barker Street are to be replaced with landscaping. This will improve compatibility and eliminate a dangerous situation with vehicles backing onto the arterial road. The amending by -law has not yet been passed pending the resolution of site design issues (i.e. fencing, landscaping, drainage, garbage storage) which will be addressed through the conditions of condominium approval. The existing development has a garbage dumpster located in the parking lot and private waste collection service. The site area and proposed parking layout restricts options for the location of a properly constructed outside waste storage enclosure. Any new waste collection area must be approved by the City or garbage will need to be stored inside. The land is not within a registered plan of subdivision and cash -in -lieu of parkland dedication is requested as permitted by the Planning Act. A severance application is required to separate the rear land from 6019 Dorchester Road and combine it with the Barker Street property. Variances to the balance of the Dorchester Road parcel are also needed for the resulting undersized lot area and rear yard depth of the existing dwelling. CONCLUSION: The proposed conversion of the existing apartment development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wilson:mb Attach. 4w a/Jr, 1-„e S: \PDR\2008 \PD- 2008 -34, 26CD- 11- 2007 -06, 6911 6921 Barker Street Draft Plan of Condominium.wpd Alex Herlovitch, Director of Planning Development x utive Ed Dui IF John f� cDonald, Chief Administrative Officer 'rector of Community Services April 28, 2008 4 PD- 2008 -34 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the 6911/6921 Barker Street Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated October 2, 2007, showing an apartment building containing 12 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer obtain final approval to an amending zoning by -law to change the zoning of 6911/6921 Barker Street and the rear of 6019 Dorchester Road to a site specific Residential Apartment 5A Density (R5A) zone (File AM- 08/2007). 5. The developer obtain final approval from the City's Committee of Adjustment for a severance and merger of the rear portion of 6019 Dorchester Road with 6911/6921 Barker Street. 6. The developer obtain final approval from the City's Committee of Adjustment for variances to the minimum lot area of the balance of 6019 Dorchester Road and the minimum rear yard depth of the existing dwelling on the land. 7 The developer dedicate a 3.05 metre (10 foot) road widening to the City along the frontage of Dorchester Road. 8. The developer dedicate a daylighting triangle with 7 metre (23 foot) legs to the City at the northwest corner of Dorchester Road and Barker Street. 9. The developer submit a lot grading /drainage plan and the construction details of the parking area for the review and approval of Municipal Works. 10. The developer submit a parking layout plan for the review and approval of Transportation Services and Planning Development. 11. The developer submit a landscaping /fencing plan (including the landscaped restoration of the Dorchester Road boulevard and any proposed garbage enclosure details) for the review and approval of Parks, Recreation Culture. 12. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 13. The developer arrange for the building to be inspected by Fire Services and undertake work to correct any noted deficiencies. April 28, 2008 5 PD- 2008 -34 14. The developer provide an updated Fire Safety Plan for the building to Fire Services. 15. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions that their respective conditions have been satisfied. Proposed Plan of Condominium 6911/6921 Barker Street 26CD -11- 2007 -06 1 LUNDY'S LANE pi" SPENCE ST 1111 111T11) 1 BARKER ST Subject Land r. I. K: \GIS_Requests\2008\Schedules \Condos \6911 _9621 _Barker.map SCHEDULE 1 Location Map 1:NTS April 2008 CHEDULE 2 1 A f (tn. turoz .V/s .9.&0J r NY7d April 28, 2008 PD- 2008 -35 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagar a,Falls Re: PD- 2008 -35 26CD -11- 2008 -02, Draft Plan of Condominium 6263 Valley Way (North Side), West of Drummond Road Owner: 2152332 Ontario Inc. (Cynthia LeWally) RECOMMENDATION: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: The applicant proposes to convert the existing 11 -unit rental townhouse development to a condominium. The plan of condominium subdivision will permit the individual ownership of each unit with the common areas (e.g. driveways, visitor parking and open space) shared by the condominium corporation. The property is on the north side of Valley Way, west of Drummond Road as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium conversion. 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 April 28, 2008 2 PD- 2008 -35 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2007. The data indicates a vacancy rate of 6.9% for all surveyed townhouse units in Niagara Falls. The CMHC figures exceed the Official Plan three percent vacancy rate threshold and have risen from a total City rate of 4.7% for townhouses in 2006. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The townhouse development contains 11 units with three bedrooms each. The applicant estimates that the selling prices for the proposed condominium units will be in the range of approximately $230,000. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. Regional Planning staff notes that throughout the major urban centres of Niagara the overall vacancy rate is 4.0% for all apartment units. (The Region wide vacancy rate is 5.1% for all townhouses). Regional Planning is not opposed to the conversion of these townhouse units given the vacancy rate in the area. Site Assessment In December 1992, the Province granted approval to a draft plan of condominium for a proposed 11 -unit townhouse development on the property (File 26CD- 92001). At that time, the land was vacant and already zoned Residential Low Density, Grouped Multiple Dwellings (R4) through Zoning By -law No. 79 -200. The City's Committee of Adjustment granted a variance in August 2004 (File A- 28/2004) to permit a reduced front yard depth at the southwest corner of the property. A Site Plan Agreement was registered on title May 30, 2005 and construction of the townhouses proceeded. Although this development was always intended as a new condominium and the existing draft approval is still valid, the owner's solicitor has submitted this conversion application since some of the units are currently occupied and rented. April 28, 2008 3 PD- 2008 -35 The majority of development issues have been addressed by the site plan approval. The City holds securities to ensure the property is completed in accordance with the Site Plan Agreement. The land is not within a registered plan of subdivision and cash -in -lieu of parkland dedication is requested as permitted by the Planning Act. Regional Public Works advises that the plan does not meet their policy for waste collection on private property. Waste collection will have to be provided by the condominium corporation and a warning clause in this regard is requested to be included in the condominium agreement. CONCLUSION: This site was originally approved and constructed for condominium development. The proposed conversion of the existing townhouse development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wilson:mb Attach. 146 a tA)ayikk S: \PDR\2008 \PD- 2008 -35, 26CD- 11- 2008 -02, 6263 Valley Way Draft Plan of Condominium.wpd Alex Herlovitch, Director of Planning Development Ed Du' .vic, cutive D r of Community Services John i cDonald, Chief Administrativ Officer April 28, 2008 4 PD- 2008 -35 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the 6263 Valley Way Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated December 13, 2007, showing a townhouse development containing 11 dwelling units, open space and parking /driveway areas. 2. Upon notice of draft approval for this file, the developer submit a letter to the City abandoning all rights and interest in the previous approval for draft plan of condominium (File 26CD- 92001). 3. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 4. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 5. The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 6. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 7. The condominium agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale or lease contain the following warning clause: "Purchasers /tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor." 8. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions 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: Regional Niagara Public Works Department for Condition 7 Proposed Plan of Condominium 6263 Valley Way 26CD -11- 2008 -02 Subject Land K: \GIS_Requests\2008 \Schedules \Condos \6263ValleyW ay.map SCHEDULE 1 Location Map 1:NTS April 2008 SCHEDULE 2 z U Z W 0 0 h U Z w W z z 0! m 5n01 a z0, W Z 7 L z z e OS5 O Z z J W a z S U 0 0 F en 1 3 LJ 0 O rc p Lo, 4 U U p y w w5 w° _rn 3 1f 6 z 1 1 1 Office of the Mayor Inter Department Memorandum TO: Hello Dean: Thanks, I istine Dean Iorfida FROM: Kristine Elia Ext. 4205 RE: Council Information DATE: April 7, 2008 Would you please have the attached information from Maria Cronyn ND regarding a request for a proclamation in regards to Naturopathic Medicine Week May 4 -11, 2008 distributed to the council. Your Honor, Recently you received information from the Ontario Association of Naturopathic Doctors in regards to Naturopathic Medicine week, May 4 -11, 2008. As a Naturopathic Doctor who works in Niagara Falls, this week is a great opportunity to educate Southern Ontario, and specifically Niagara Falls about what Naturopathic Medicine has to offer the public as an alternative, not a replacement, for standardized medicine. I am new to the area, in the Stamford Chiropractic Health Clinic with Dr. Joe Arcuri, and a private practice in Fort Erie. The Mayor of Fort Erie proclaimed this week, officially, in Council last night. I am hoping that you also would be willing to support the Doctors that work in your city. Sincerely, Maria Cronyn ND web: www.DrMaria.ca (http: /www.drmaria.ca/ Email: mcronyn @cogeco.ca Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Niagara Parks Commission Fireworks NiagaraFalls C, N A D 1 DATE: April 28, 2008 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 made their annual request for approval. 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. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Dean Iorfida FW: Insurance From: To: Date: Subject: Attachments: From: David Whysall [mailto:davew ©dwfireworks.com] Sent: Wednesday, April 16, 2008 12:35 PM To: Wood Sarah Subject: Insurance Sarah: Sarah Wood Event and Public Relations Manager The Niagara Parks Commission p (905) 371 -0919 f (905) 356 -8448 For more information check out our website at www.niagaraparks.com Dave David Whysall President, David Whysall International Fireworks Inc. www.dwfireworks.com TEAM CANADA Malaysia International Fireworks Competition 2008 TEAM CANADA International Fireworks Competition, Da Nang, Vietnam 2008 TEAM CANADA World Fireworks Championships U.K 2007 TEAM ONTARIO Pan Canadian Fireworks Championships Quebec 2007 •m. "Wood Sarah" <swood @niagaraparks.com> "Dean Iorfida" diorfida @city.niagarafalls.on.ca "Tim Ruddy" <truddy @maidofthemist.com "Whitwell Scott" <SWhitwell @niagaraparks.com> 4/16/2008 1:07 PM FW: Insurance Niagara Falls.pdf Hi Folks, Attached is the insurance copies for this year's fireworks series. They have been scanned and sent all together so I can't break them out. Sorry for any inconvenience. Regards, Page 1 of 1 Sorry. I didn't realize until after I'd sent them to you. They had missed out July dates to 15th. Here is the correct version. file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \4805FA09Domai... 4/23/2008 KIND OF POLICY POLICY NUMBER EXPIRY DATE (DD /MMIYY) LIMITS OF LIABILITY COMMERCIAL GENERAL LIABILITY 900154 15/07/2008 5,000,000.00 INCLUSIVE LIMIT (except automobile) (BODILY INJURY AND PROPERTY DAMAGE Products and /or Completed COMBINED) Operations: INCLUDED 5,000,000.00 AGGREGATE This is to certify to: The Niagara Parks Commission 7400 Portage Road South Niagara Falls, ON L2E 6T2 Name of Insured: David Whysail International Fireworks Inc. Pe /ap Show Dates: MAY 16, 18, 19, 23, 25, 26, 30, 2008 JUNE 1, 6, 8, 13, 15, 20, 22, 27, 29, 2008 JULY 1, 2, 4, 6, 9, 11, 13, 2008 Permanent site off OPG access Location: Jones De uriers Carter Insurance Group Inc. Replacement Certificate for April 15, 2008 date of issue CERTIFICATE OF INSURANCE oad ed Representative DATE: April 16, 2008 that policies of Insurance as herein described have been issued to the Insured named below and are in force at this date. Address of insured: 182188 Side Road 20, Orton ON LON 1 NO Insurer: Elliott Special Risks LP on behalf of Subscribing Companies Location and Operations to which this Certificate applies: ALL OPERATIONS USUAL TO THE BUSINESS OF THE NAMED INSURED NOTE: The Niagara Parks Commission is added as additional insured but only with respect to liability arising out of the operations of the named insured for the above noted events. The policy contains a cross- liability clause. 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 cancellation of these policies, but assumes no responsibility for failure to do so. Hprii Lu, zuuts His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: Respectfully submitted: Niagar Re: F- 2008 -17 Low Income Seniors' Property Tax and Water Rebate RECOMMENDATION: For the information of City Council. BACKGROUND: In the determination of the 2008 Municipal Utility Budget, City Council approved the Low Income Seniors' Water Rebate for the 2008 year. This rebate provides qualifying seniors a rebate of $100. In the 2008 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, similar to the previous year's program, 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 Harr son, Director of Financial Services K. E. Burden, Executive Director of Corporate Services Chief Admini trati MacDonald, ve Officer Working Together to Serve Our Community F- 2008 -17 F.a is, 'Lana L2E 6X5> 905.35 7521 wwwn�agarafalls ca Corporate Services Department Finance April 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -18 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to March 31st, 2008. 1. Tax Receivables Current Taxes Percentage Collected Levy to Date Penalties Charged Collections Balance Tax Arrears Percentage Collected Opening Balance Penalties Charged Collection Balance Total Unpaid Taxes Niag ara a lly A NA DA 49% 74,979,925 115,930 37,162,790 37,933,065 27% 16,519,455 662,208 4,633,478 12,548,185 50,481,250 ON Canada 1.2E" 6X5 905 -356 -7521 www niagarafails.ca. Working Together to Serve Our Community 2008 2008 2007 49% 70,687,360 119,402 34,941,026 35,865,736 2007 19% 14,489,650 598,560 2,814,332 12,273,878 48,136,614 F- 2008 -18 Corporate Services Department Finance April 28, 2008 2. Other Receivables Sundry Receivables Accounts Receivables Finance staff has increased the focus on tax collections and follows a collection procedure to ensure that all accounts are collected in a timely manner. All overdue accounts are charged penalty /interest of 1 -1/4% per month. Recommended by: Approved by: Respectfully submitted: AF:Iw Todd Harrison/ Direct.' of Financial Services 2 F- 2008 -18 2008 2007 861,990 969,097 K. E. Burden, Executive Director of Corporate Services John M. Donald, Chief Administrative Officer REGISTRATION PLAN SUBDIVISION 59M -219 Greenway Estates 59M -271 Garner Estates Phase 1 59M -285 Garner Estates Phase 2 59M -316 Orchard Grove West 59M -323 Orchard Grove West Extension April 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara Re: MW- 2008 -23 Assumption of Various Subdivisions RECOMMENDATION: That the City formally assume the Plans and Subdivisions listed in this report. BACKGROUND: MW-2008-23 The City's standard Subdivision Agreement sets out the Developers obligations to ensure services are constructed according to City standards. Once all deficiencies are corrected and the maintenance periods have expired, the City will grant Final Assumption status to the development. According to the terms in the Subdivision Agreement, the City shall issue a Certificate of Assumption to the following subdivisions. Once the resolution is passed by Council a certificate will be issued to each developer and a formal notice sent to the Operations staff for their records. 'a'Falls, ON, Canada L2E 6X5 905- 356 =1521 www naagarafalls.ea Working Together to Serve Our Community Community Services Department Municipal Works April 28, 2008 Recommended by: Approved by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ed Dui ic, Exc 'utive Director of Community Services JohnMa Donald, Chief Administrative O 2 R.Volpini S:\REPORTS \2008 Reports \MW 2008 -23 Assumption of Various Subdivisons.wpd MW- 2008 -23 Legend International Border U.S.A. Hydro CP CN Rail Map Areas Subdivisions Rivers Power Canal USA City of Niagara Falls Ontario, Canada Niagararalls Index Map to Accompany: Plans of Subdivisions To Be Assumed Maps 1 -3 N 0 1000 m April 2008 KAGIS_Requests 2008 Custom\ Internal \MunWorks\Assumed_Subdivisions \map. map Plans of Subdivision To Be Assumed Niagara) ally Map 1 cannon MAP# SUBDIVISION PLAN 1 Greenway Estates Subdivision HARM AVE TAD ST 59M -219 BADGER RD Legend 0 April 2008 9 AGENT GA- 200 m 1 Subject Subdivisions Hydro Road Allowance K: \GIS_Requests \2008\ Custom\ Internal \Munworks\Assumed_subdivjsions \map. map WESTPaRT DR r HEIKOOP CRES' GREENFIELD CR I MCGA Plans of Subdivision To Be Assumed Niagara�nllC'ANAUrI s Map 2 MAP# SUBDIVISION 2 Garner Estates Phase 1 3 Garner Estates Phase 2 PLAN_NO 59M -271 59M -285 April 2008 MCLEOD AD c n, Gi COVENTRY RD 0 N BUCKINGHAM 200 m Legend Subject Subdivisions CN Rail Road Allowance K: \GIS_Requests\ 2008 \Custom\ Internal\ MunWorks\Assumed_Subdivisions \map. map Niagaraf ally Legend Subject Subdivisions CN Rail Road Allowance Plans of Subdivision To Be Assumed Map 3 LLEN CRT SPRING BLOSSOM DR O gCHARD GROVE MOM' WOODSVIEW COS HARVEST CRES MAP# SUBDIVISION PLAN_NO 4 Orchard Grove West 59M -316 5 Orchard Grove West Extension 59M -323 CATALINA ST rn April 2008 K: \GIS_Requests\ 2008\ Custom\ Internal \MunWorks\Assumed _Subdivisions \map.map April 28, 2008 PD- 2008 -36 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -36 Extension of Sidewalk Cafe Operating Season RECOMMENDATION: NiagaraJalls 1. That Council amend the Sidewalk Cafe Guidelines to allow sidewalk cafes to commence operation from April 1s instead of May 1st 2. That Council deem the permitted period of occupation conveyed in each existing licence to commence on April 1s and end on October 31s of each year the licence is in affect. 3. That all licenced restaurant owners be advised of the change. BACKGROUND: Council's current Sidewalk Cafe Guidelines (2003) allow sidewalk cafes to operate between May 1s to October 31s Various restaurant owners have recently expressed an interest in operating their sidewalk cafes from April 1s instead of May 1S as the weather has been warm enough in April for the past few years. Planning Review The request to extend the operating season for sidewalk cafes has been satisfactorily reviewed by staff and is recommended for extension. Currently the tenure of sidewalk cafe licences is five years. Should Council approve a one month extension, it would be applicable to all the sidewalk cafes which have a valid operating licence for the entire term of the licence. A list of sidewalk cafes operating for the 2008 season has been attached. In order to avoid having to amend each of the existing licences, staff recommends that Council deem the permitted period of occupation conveyed in each such licence to commence on April 1s and end October 31s of each year the licence is in effect. 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 April 28, 2008 2 CONCLUSION: The establishment of sidewalk cafes promotes the use and enjoyment of the City's public space and enhances tourism within the City. By extending the sidewalk cafe operating season the economic activity in the area will be promoted. Recommended by: Approved by: Respectfully submitted: A.Dilwaria:mb Attach. S:\PDR12008 \PD- 2008 -36, Extension of SW Cafe Operating Season.wpd Alex Herlovitch, rector of Planning Development PD- 2008 -36 Ed Dujlovic, 'cutive Director of Community Services John onald, Chief Admi istrative 0 cer SIDEWALK CAFES 2008 List of sidewalk cafes that will be operating in the City this year. 1. Sports Beat Bar Grill 5259 Victoria Avenue 2. The Daily Planet 4573 Queen Street 3. Kelsey's 4960 Clifton Hill 4. The Love Boat Steak Seafood 5845 Victoria Avenue 5. Golden Steer Steak House 5077 Centre Street 6. Wild Mushroom 5633 Victoria Avenue 7. Antica Pizzeria 5785 Victoria Avenue 8. Applebees 5657 Victoria Avenue 9. Cheroz 5677 Victoria Avenue 10. Montana's Cookhouse 5759 Victoria Avenue 11. Remington's of Montana 5657 Victoria Avenue 12. Pilgrim Motor Inn 5234 Ferry Street 13. The Filling Station 5815 Victoria Avenue S:ISIDEWALK CAFE\2008\List of Sidewalk Cafes.wpd Expiry 2011 Expiry 2011 Expiry 2011 Expiry 2011 Expiry 2011 Expiry 2011 Expiry 2012 Expiry 2012 Expiry 2012 Expiry 2012 Expiry 2012 Expiry 2012 Expiry 2012 April 28, 2008 PD- 2008 -37 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -37 2007 Housing Monitoring Report RECOMMENDATION: For the information of Council. BACKGROUND: Highlights of the Report Assessment Niag araFalls CANADA Attached for Council's information are four statistical reports produced by Planning and Development: Land Supply; Residential Building Trends; Range of Housing; and Vacancy Rates, that together make up the 2007 Housing Monitoring Report which serves as an information package for developers and the public. These reports track the residential building activity, the types of housing that is being constructed, rental vacancy rates and the supply of residential land available for future development. Number of residential building permits issued in 2007 225 Number of new residential units built in 2007 284 Ten -year average of new residential units built 302 units /year Supply of raw residential land 15 years Supply of redevelopment land 4739 units Vacancy rate of rental housing 3.2% In 2007, the City experienced a decline of 6% in the development of new housing units from the previous year. The decline is attributed to a drop in the construction of semi detached dwellings and townhouses. Despite this decline, single detached dwellings and apartment units saw an increase over 2006, with 192 units and 60 units, respectively, being built. The Niagara Falls market, as noted in the Municipal Comprehensive Review (MCR), has a strong market for singles which is anticipated to continue long term. 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 April 28, 2008 2 PD- 2008 -38 However, according to various sources (Bank of Canada, RBC, CMHC), the Ontario economy in 2008 is forecasted to be in decline through the second quarter of the year with a slight increase in growth over the second half. Because of this, it is anticipated that the construction of new housing units in 2008 and into 2009 will continue to fall below the 10 -year average. As predicted in the MCR, growth is likely to accelerate in the medium term as Niagara experiences immigration and migration. The Provincial Policy Statement (PPS) requires that municipalities maintain a 10- year supply of raw residential land and a 3 -year short term supply of residential land. Moreover, the Growth Plan for the Greater Golden Horseshoe requires that not more than a 20 -year supply of urban land be maintained for long term growth. As the City has 15 -year supply of residential land 5 years of land available for short term development, the City is within these provincial targets. In addition, the City also has a large supply of lands within the built up area of the City that can be utilized for intensification. Currently, over 4,700 units can be achieved. This estimate is being reviewed by Meridian Consulting and Planning staff as part of the Growth Management Strategy and will be reported on shortly to Council. These intensification lands are where the City can achieve a substantial amount of residential development capitalizing on existing services, roads and public transit. Such development should be encouraged as it will change the direction of the City's residential growth patterns as well as providing a greater range of housing choices and affordability. The current vacancy rate across the City is 3.2% which is considered to be a healthy level which allows for a competitive market and for development of new rental units. Conversions of rental units to condominium ownership may also be permitted. Recommended by: Approved by: Respectfully submitted: J. Barnsley:gd Attach. S: \PDR\2008 \PD- 2008 -37, 2007 Housing Monitoring Report.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, cutive Director of Community Services John cDonald, Chief Administrative Officer April 28, 2008 TS- 2008 -28 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -28 Tender for the Supply of Materials and Services for Pavement Markings Contract T2008 -06 (On- Street Small Machines) Contract T2008 -07 (On- Street Application Truck Mounted) RECOMMENDATION: It is recommended that: 1) Provincial Maintenance be awarded Contract T2008 -06 and T2008 -07 for on- street pavement markings truck- mounted and small machines, and 2) That the Mayor and the Clerk be authorized to execute the necessary agreements BACKGROUND: In the presence of the Manager of Supplies and Services, tenders for the Supply of Materials and Services for Pavement Marking were opened on Thursday, April 3, 2008. Two tenders were issued for a two -year period each. Two (2) bids were received for contracts T2008 -06 T2008 -07. A summary of the bids is detailed below: T2008 -06 Small Machines 2008 Company Name Business Location Almon Equipment Ltd. Provincial Maintenance Niagaraa11s a Toronto Niagara Falls T2008 -06 Small Machines 2009 Almon Equipment Ltd. Toronto Provincial Maintenance Niagara Falls Working Together to Serve Our Community Tender Price (excl. GST) 44,250.00 72,410.00 48,245.00 75,386.00 0 Queen Street, R0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Transportation Services April 28, 2008 2 TS- 2008 -28 Two -Year Total Small Machines Almon Equipment Ltd. Toronto Provincial Maintenance Niagara Falls T2008 -07 Truck Mounted Operations 2008 Company Name Business Location Almon Equipment Ltd. Toronto Provincial Maintenance Niagara Falls T2008 -07 Truck Mounted Operations 2009 Almon Equipment Ltd. Toronto Provincial Maintenance Niagara Falls Two Year Total Truck Mounted Operations Almon Equipment Ltd. Toronto Provincial Maintenance Niagara Falls Combined Bids for Complete Pavement Marking Almon Equipment Ltd. Provincial Maintenance 2006 4.23 per litre 2007 4.17 per Titre 2008 4.84 per Titre Operations: 92,495.00 147,796.00 Truck Mounted Small Machines 7.25 per Titre 7.18 per litre 8.92 per Titre Tender Price (excl. GST) $104,100.00 $130,910.00 $109,650.00 $133,330.00 $213,750.00 $264,240.00 $306,245.00 $412,036.00 The tender format has been altered this year from a one to two year period, Additionally, quantities estimated have increased based on actuals used last year. Small machine use was increased from 5,000 litres to 8,000 litres. Actuals indicate 3,630 litres were used in a single application in 2007. The amount was increased to 8,000 to reflect the 2" application in the tender, as well as overage. Therefore, estimated amounts have increased significantly which is also reflected in the increased tender amount. The difference between the two bids is $105,791.00 over a two -year period. Almon's bid is approximately 25.5% lower than the Provincial Maintenance bid. Tenders submitted are based on a per litre price of paint. The following is a summary of Provincial Maintenance's last three bids submitted and their price per litre submission. Provincial Maintenance has submitted a bid that is 14.5% higher than their 2006 bid, and 23% higher than their small machine bid. These amounts are comparable to other municipalities where Provincial Maintenance has submitted tenders. April 28, 2008 Almon Equipment Ltd. was selected as the contractor for this work in 2007. This company failed to perform the work in a sufficient manner and the work was not completed per the requirements of the tender specifications. The 2008 tender-included past performance requirements. Almon Equipment Ltd. has not met these requirements and is therefore disqualified for consideration for the 2008 contract. Based on the information provided, staff is recommending that Provincial Maintenance awarded Contract T2008 -06 and T2008 -07 for a two -year period. Financing: Contract T2008 -06 The estimated cost was $152,350.00 for 2008 The project cost is $203,320.00 for 2008 Funding: Account 11 -3- 342010 040000 2008 Account 11 -3- 341000 030001 Various Traffic Reserve Accounts Appropriate funds will be allocated in the 2009 budget based on actuals from 2008. Recommended by: Karl Dren, Direct r of Transportation Services Approved by: Respectfully submitted: S. Wheeler S: \General Administration \GA 1.01 Reports\2008 Counci1\04 Apr 28 \TS- 2008 -28 Pavement Markings.wpd Ed Dujlovic, John M 3 TS- 2008 -28 k 1 onald, Chief Administrative Offic 1 c we Director of Community Services $152,350.00 15,450.00 35,430.00 $203,320.00 April 28, 2008 Niagaraalls His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -29 Tender for the Supply of Materials and Services for Pavement Markings Municipal Parking Lots RECOMMENDATION: It is recommended that: 1. A -1 Asphalt be awarded Contract T2008 -08 for municipal parking lots, and 2) That the Mayor and the Clerk be authorized to execute the necessary agreements BACKGROUND: In the presence of the Manager of Supplies and Services, tenders for the Supply of Materials and Services for Pavement Marking were opened on Thursday, April 3, 2008. Tenders issued were for a two -year period. Three bids (3) bids were received for contracts T2008 -08. A summary of the bids is detailed below: T2008 -08 Parking Lots 2008 Company Name Almon Equipment Ltd. A -1 Asphalt Maintenance Ltd. Provincial Maintenance T2008 -08 Parking Lots 2009 Almon Equipment Ltd. A -1 Asphalt Maintenance Ltd. Provincial Maintenance Business Location Toronto Burlington Niagara Falls Toronto Burlington Niagara Falls Working Together to Serve Our Community TS- 2008 -29 Tender Price (excl. GST) 34,500.00 25,736.00 40,120.00 36, 945.00 27,866.00 42,442.00 Queen Street P0. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Transportation Services April 28, 2008 2 T2008 -08 Combined Totals Parking Lots 2 years Company Name Almon Equipment Ltd. A -1 Asphalt Maintenance Provincial Maintenance Business Location Tender Price (excl. GST) Toronto Burlington Niagara Falls 71,445.00 53,602.00 82,562.00 The completed bid from A -1 Asphalt Maintenance totaled 53,602.00 excluding GST. This bid is $17,843.00, 25% below the 2n lowest bid received from Almon Equipment. Staff contacted a representative from each of the two (2) contacts provided in their completed tender on other work they have done over the last two years that are similar to the type of work to be done under this contract. Both contacts have provided positive recommendations with A -1 Asphalt's work performance and quality. Given the overall satisfaction of both references, Staff is under the impression that A -1 Asphalt is capable of performing the work within Niagara Falls. Based on the information provided, staff is recommending that A -1 Asphalt be awarded Contract T2008 -08. Financing: Contract T2008 -06 The estimated cost for 2008 was: The project cost for 2008 is: Funding: Various Municipal Parking Lot Accounts 11 -3- 3411101- 040000 to 11 -3- 341120- 040001 Various other Departments Recommended by: Approved by: Respectfully submitted: L 30,000.00 25,736.00 20,736.00 5,000.00 Karl Dren, Director of Transportation Services Ed Dujlovi xecutive Director of Community Services S. Wheeler S: \General Administration \GA 1.01 Reports\2008 Council \04 Apr 28 \TS- 2008 -29 Pavement Markings City Lots.wpd acDonald, Chief Administrative Officer TS- 2008 -29 A by -law to establish Part of Township Lot 179, Stamford, as a public highway, to be known as and to form part of McLeod Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Township Lot 179, Stamford, being Part 1 on Reference Plan 59R- 13647, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Township Lot 179, Stamford, being Part 1 on Reference Plan 59R- 13647, is hereby established as a public highway, be known as and form part of McLeod Road. Passed this twenty- eighth day of April, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 28, 2008. April 28, 2008. April 28, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement with Winter Festival of Lights respecting the use of the Niagara Falls Memorial Arena for the Spring in Bloom Concert Series. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated April 7, 2008 and made between Winter Festival of Lights as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for the Spring in Bloom Concert Series to be held from May 1, 2008 to May 3, 2008, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty- eighth day of April, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 28, 2008 April 28, 2008 April 28, 2008 CITY OF NIAGARA FALLS By -law No. 2008 THIS AGREEMENT made this day of April 07 2008 BETWEEN: follows: Winter Festival of Lights Hereinafter called the "Licensee and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City of the FIRST PART; of the SECOND PART. WHEREAS the City is the owner of the Niagara Falls Memorial Arena (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with Spring in Bloom Concerts (hereinafter referred to as "the Event AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as Term of the Agreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of Concerts on the following dates: May 1, 2008 to May 3, 2008. Payment: 2. The Licensee agrees to pay to the City a rental fee of 17,003.70 (G.S.T. included). 3. The Licensee shall submit a non refundable deposit of 2000.00 on the execution of this agreement, which deposit shall be credited toward the rental fee. 4. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. Event Tickets: 5. The Licensee shall have complete control of printing of all Event tickets. -2- Complimentary Tickets: 6 The Licensee agrees to reserve for the City, 8 complimentary tickets per show for the event. Facilities, Equipment and Personnel: 7 The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: Niagara Falls Memorial Arena Floor /Spectator Arena. All Changerooms and Lobbies. Blueline Room Parking Lot (b) Equipment: Tow Motors (1) Man -Lift Portable Arena Floor Portable Chairs: (Festival of Lights to provide) Stage: (Festival of Lights to provide Rental Stage and is also responsible for set -up). c) Personnel: Facility Supervisory Staff Security Ushers Arena Maintenance Staff Cleaning and Heating of the Arena: 8. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 9. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Changes: 10. The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear. 11. The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. -3- Electrical Installation: 12. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the Licensee's expense, including the payment of any permits as may be required for the electrical installation. Removal of Equipment: 13. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena at the conclusion of the Event as required by Sunday, May 4t at midnight. 14. The Licensee agrees that if such equipment is not moved by the time indicated and the circumstances necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move. 15. The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. Concessions: 16. The Licensee agrees that the City ofNiagaraFalls retains exclusive rights to Food and Beverage Sales. The City agrees that the Licensee be permitted to sell Souvenir/Novelty items and retain all monies. All applicable Municipal Licenses must be obtained in order to sell Souvenir/Novelty items. Advertising the Event: 17. The Licensee shall, at it's own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertising the Arena: 18. The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City. 19. The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 20. All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee. -4- 21. The Licensee shall not obstruct any portion ofthe entrances, halls, vestibules, or ways of access to the public utilities of the Arena. Advertising Beyond the Arena: 22. The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 23. The Licensee shall only use advertising signs and other similar materials used to promote the Event beyond the Arena that have been approved by the City. 24. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 25. Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 26. The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 27. The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and'against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 28. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises with all inclusive coverage of not less than $3,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants legal liability endorsement. -5- 29. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 30. In the event that the Licensee shall fail to comply with the terms of this agreement or to fail to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 31. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non Assignability: 32. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 33. Where the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. Notices: 34. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. Attention: Stephen Hamilton Manager of Recreation Services. Phone: 905- 358 -3808, extension 221. Fax: 905- 354 -9119 Email: shamilton@niagarafalls.ca -6- Licensee: Winter Festival of Lights 5400 Robinson St. Niagara Falls, ON L2G 2A6 Attention: Dino Fazio, General Manager Phone: 905-374-1616 Fax: 905- 374 -4683 Email: dino @wfol.com 35. Any such notices mailed as aforesaid -shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 36. Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is not a business day, such notice or other communication shall be deemed to have been given and received on the following business day. Confidential material and billing shall not be delivered by fax or other means of electronic communication. Severability: 37. If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. Compliance with the Law: 38. The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Act: 39. The Licensee, its officers, employees, and agents shall take all precautions necessary during the term of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 40. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 41. The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. s: arenas \specialevents \agree \springinbloom -7- Workers' Compensation Act: 42. The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, c. W.11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governing Law: 43. This agreement shall be construed in accordance with the laws of the Province of Ontario. Whole Agreement: 44. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. Name: Title: I have the authority to Bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Title: Mayor Name: Title: Clerk SCHEDULE 1 SCHEDULE OF FEES Winter Festival of Lights Spring in Bloom Concert Series May 1 -3, 2008 7,510.00 375.50 7,885.50 Set -up /Clean Up of Floor Chairs ($1.00 x784) 784.00 39.20 823.20 Removal Re- installation of Side Glass 2,500.00 125.00 2,625.00 Installation Removal of Floors 3,000.00 150.00 3,150.00 2,400.00 120.00 2,520.00 Floor Chairs (Provided by Licensee) N/A N/A N/A Electrical Service (to be invoiced later) N/A N/A N/A First Aid Services (Provided by Licensee) N/A N/A Facility Rental Security/Ushers N/A 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 constituting Amendment No. 76 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 twenty- eighth day of April, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 28, 2008 April 28, 2008 April 28, 2008 CITY OF NIAGARA FALLS By -law No. 2008 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 constitute Amendment No. 76 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. TEXT CHANGES (i) The following changes shall apply to PART 3, SECTION 1 MUNICIPAL INFRASTRUCTURE: (a) Policies 1.4.9 1.4.19 (inclusive) are renumbered to 1.4.10 1.4.20 (inclusive). (b) Policy 1.4.8 is amended by replacing the reference to '1.4.18' with '1.4.19'. (c) The following new policy is added: "1.4.9 The dedication of lands for such pedestrian or bicycle pathways and public transit rights -of -way as the City considers necessary for efficient vehicular and /or pedestrian movement will be made a condition of plan of subdivision. These pathways and rights -of -way shall be designed in accordance with and interconnected with those pathways and rights -of -way identified through the City's Trail and Bikeways Master Plan, the Region's Bikeways Master Plan and any future plans such as the City's Transit Master Plan and Growth Strategy Study." (ii) The following changes shall apply to PART 3, SECTION 3 CONSERVATION STRATEGY: (a) Policies 3.3.3 to 3.3.7 (inclusive) are renumbered to 3.3.4 to 3.3.8 (inclusive); and Policies 3.3.8 to 3.3.20 (inclusive) are renumbered to 3.3.10 to 3.3.22 (inclusive). (b) The following new policies are added: "3.3.3 Council will support and encourage the use of conservation agreements to maintain, enhance or restore land or wildlife; to protect and manage water quality and quantity, including drinking water sources; and the protection and management of watersheds." "3.3.9 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By -law or any similar municipal by -law." (iii) The following change shall apply to PART 4, SECTION 1 PROVINCIAL POLICIES, OFFICIAL PLANS OF THE REGION AND ADJACENT MUNICIPALITIES: -2- Policy 1.1 is deleted in its entirety and replaced with the following: "1.1 The Province has issued Provincial Policy Statements on matters relating to municipal planning under Section 3 of the Planning Act. The Province has also issued a Greenbelt Plan and Growth Plan for the Greater Golden Horseshoe. Any development or redevelopment shall be consistent with the Policy Statements and shall be in conformity with, or shall not conflict with Provincial Plans that are in effect on the date of decision." (iv) The following changes shall apply to PART 4, SECTION 2 OFFICIAL PLAN REVIEW AND AMENDMENTS: (a) Policy 2.1 is deleted in its entirety and replaced with the following: 2.1 The Official Plan for the City of Niagara Falls is intended to provide planning policies for a plan period ending in 2011. In order to ensure the continued relevance and practicality of the Official Plan it will be regularly reviewed and at least one open house will be held once every five years from the date of Regional approval. The review shall ensure that the Official Plan conforms with and does not conflict with Provincial Plans; has regard to the matters of provincial interest; and is consistent with Provincial Policy Statements and the Regional Policy Plan." (b) Policy 2.3 is amended by adding the following: "2.3.13 Sustainable development 2.3.14 Transit and pedestrian supportive design" (c) Policy 2.5 is amended by adding the phrase "members of the public," after the phrase "Official Plan to such boards, (d) Policy 2.6.10 is amended by adding the phrase "including an area of employment," after the words "conversion of areas (v) The following changes shall apply to PART 4, SECTION 4 BY -LAWS: (a) Policy 4.1.1 is deleted in its entirety and replaced with the following: "4.1.1 Following adoption of this Plan and any general amendments to it, it is intended that the comprehensive Zoning By -law will be updated to implement the relevant provisions of this Plan. Any application to amend the Zoning By -law shall be in conformity with the provisions of this Plan, the Regional Policy Plan and any applicable Provincial Plans." -3 (b) The following is added as a new polices: 4.6 CONDITIONAL ZONING 4.6.1 In accordance with Section 34 of the Planning Act, Council may, through a zoning amendment, impose one or more conditions on the use, erection or location of lands and /or buildings and structures that may be fulfilled subsequent to approval of the amendment and must be fulfilled prior to the issuance of a building permit for development. Conditions that may be imposed through a zoning by -law amendment shall be consistent with prescribed Provincial regulations and may include: a requirement to implement measures identified through the zoning amendment review, the provision of services and infrastructure and the protection of natural resources, built environments, sustainability, energy efficiency, and public health and safety. 4.6.2 Council may require the owner of land subject to a zoning amendment to enter into an agreement to implement, maintain and /or enforce a condition of zoning approval or to provide a time limit for completion of such conditions. The agreement will be registered on title against the lands and will be enforced against the present and subsequent owners." (vi) The following changes shall apply to PART 4, SECTION 7 SUBDIVISION CONTROL: (a) Policy 7.3.1 is amended by adding the phrase "and any Provincial Plans" after the words "Planning Act (b) Policy 7.3.6 is hereby deleted in its entirety and replaced with the following: 7.3.6 Development shall be prohibited in significant wetlands and habitat of endangered or threatened species and discouraged in woodlots; and other natural resource areas." (vii) The following changes shall apply to PART 4, SECTION 9 MINOR VARIANCE AND RELATED APPROVALS: (a) Policy 9.2 is amended by adding the following sentence to the end of the policy: "Notwithstanding this policy, the Committee of Adjustment shall not consider variances to conditions of zoning by -law approval." (b) Policy 9.3 is amended by adding the following to the end of the policy: "The Committee may require the owner /applicant to enter into an agreement to implement, maintain and/or enforce a condition of variance approval. The agreement will be registered on title against the lands and will be enforced against the present and subsequent owners." -4- (viii) The following changes shall apply to PART 4, SECTION 10 SITE PLAN CONTROL: (a) Policy 10.1.2 is deleted in its entirety and replaced with "A portable classroom on a existing District School Board school site." (b) Policy 10.2 is amended by deleting the first sentence of the policy and replacing it with the following: (c "A building permit shall be issued in respect of any development in the site plan control area only where the plans required have been approved by the municipality and the required agreements ensuring the provision of certain items and ensuring that development proceeds in accordance with the approved plans are executed and registered on title. Agreements may include, but not be limited to, the following items." Policy 10.2 is amended by adding the following: "10.2.10 Exterior design including, but not limited to, character, scale, appearance and design features of buildings and their sustainable designs. 10.2.11 Sustainable design elements on adjoining municipal roads such as, but not limited to, trees, shrubs, hedges, plantings, pavement, furniture, curb ramps, and bicycle parking facilities: 10.2.12 Facilities designed to have regard for accessibility for persons with disabilities." (ix) (a) Policies 11.5.7 to 11.5.14 (inclusive) are renumbered to 11.5.8 to 11.5.15 (inclusive). (b) Policy 11.5 is amended by deleting the word "and" at the end of Policy 11.5.14 and adding the word "and" to the end of Policy 11.5.15. (c) Policy 11.5 is further amended by adding the following: "11.5.7 provide accessibility for persons with disabilities; and 11.5.16 improve energy efficiency." (x) The following new section is hereby added to the Official Plan: "PART 4, SECTION 14 GENERAL IMPLEMENTATION POLICIES PREAMBLE Pre consultation provides an opportunity for an applicant to ascertain what is required to be submitted for a complete application under the Planning Act, any Provincial Plans, the Regional Niagara Policy Plan and this Plan. It will provide the -5- opportunity to discuss the nature of the application, development and planning issues, the need for additional information and the planning process. Pre consultation may also involve the Niagara Region, the Niagara Peninsula Conservation Authority or other agencies that may have an interest in the application as determined by the City. Complete applications are those that contain all reports, studies and information required by the Planning Act, any Provincial Plans, the Regional Niagara Policy Plan and this Plan. A complete application allows Council, the public, municipal staff and commenting agencies to review all relevant information early in the process resulting in fewer processing delays and provides Staff and Council with the required information to make solid recommendations and decisions. 14.1 Council may adopt a by -law to require pre consultation with the City prior to submission of a request for an amendment to the Official Plan and /or Zoning By -law, a plan of subdivision or condominium, site plan control or land division. Where Council has adopted such a by -law pre consultation shall be a requirement for a complete application. 14.2 In order to ensure that all possible information is available to staff, Council and the public in reviewing an application made under the Planning Act, the following information shall be required to be submitted as part of a complete application as deemed necessary by the Director of Planning and Development. Where this information is determined to be necessary by the City and has not been provided, the applicant will be advised that the application is deemed not to be complete and will not be considered until all identified information has been received. All reports /studies are to be prepared by a qualified professional. 14.2.1 A planning justification report describing the appropriateness of the site for a proposed use and compatibility of the proposed development with surrounding land uses and consistency with the Planning Act and its Policy Statements and conformity with any Provincial Plans, the Regional Niagara Policy Plan and this Plan. 14.2.2 A market impact and demand study for retail commercial proposals for development within the local and Regional context. 14.2.3 A needs study for residential proposals for development within a local and Regional context. 14.2.4 A servicing study addressing the availability of adequate municipal services and facilities for the proposed use and its impact on existing municipal services and facilities or a private sewage disposal or water servicing plan addressing the impact on the quality and/or quantity of surface or ground water. 14.2.5 An environmental impact study for proposals located on or adjacent to: lands containing natural heritage features; and -6- lands within 120m of a Provincially Significant Wetland, 50m of a Significant habitat of a threatened or endangered species or Life Science ANSI; or 30m of a Locally Significant Wetland, significant woodland, fish habitat, flooding /erosion hazard, or significant wildlife habitat. 14.2.6 A slope stability or geotechnical study for proposals within or adjacent to valleylands, steep slopes or hazard lands. 14.2.7 A traffic impact study where the development proposal may affect traffic patterns, safety or the intensity of traffic or revisions to a roadway or entrance. 14.2.8 A parking demand analysis to examine parking needs and their impact on -site or off -site and on adjacent lands. 14.2.9 A microclimatic assessment that addresses sun shadowing, pedestrian -scale wind impacts, snow and ice hazards of a development on the subject lands as well as surrounding properties and roads. 14.2.10 An agricultural impact assessment for non agricultural uses proposed outside of the Urban Area Boundary to evaluate the capability of the site for agricultural use including soil, micro climate and drainage conditions, the pattern of agricultural or non agricultural activities, and any potential impacts on surrounding agricultural activities. 14.2.11 A tree inventory and tree preservation plan, where an individual significant tree or any group of trees, including a woodland as defined by the Region's Tree and Forest Conservation By -law, may be impacted by a proposed development. 14.2.12 The impact of the proposed development on the quality and quantity of ground and surface water and the watershed and, if required, the identification of methods of protection, including a stormwater management plan. 14.2.13 A noise and vibration study and an air quality study to address impacts of roads, rail lines, air traffic etc. on development proposals involving residential uses and other similar sensitive uses. 14.2.14 A heritage impact study where development is proposed on or adjacent to lands, structures or buildings listed on the City's Register of Heritage Properties. 2. OTHER CHANGES -7- 14.2.15 A park and trail needs assessment that demonstrates how the proposed development integrates or conforms with the City's Bike and Trails Master Plan or any other plan that the City may pass from time to time. 14.2.16 An archeological study if the lands are within an area of archeological potential. 14.2.17 A financial impact study addressing the financial implications of the proposal on the City, neighbouring lands or the general market in the City. 14.2.18 The location, size and type of livestock operation proposed or within the vicinity of a new lot or land use outside of the urban area boundary in accordance with the information required for calculation of a Minimum Distance Separation. 14.2.19 An Environmental Site Assessment (Phase 1, 2 or 3) where there is the potential of contamination of land due to previous uses that will assess existing conditions and address the need for further environmental testing or remediation in accordance with Provincial regulations and guidelines. However, where the development or redevelopment proposal is subject to an environmental assessment or related assessment or study pursuant to the Environmental Assessment Act, the Environmental Protection Act, or other pertinent legislation, additional studies may not be required. 14.2.20 Any other study that may be referred to in other sections of this Plan. 14.2.21 Where it has been deemed necessary the City may hire a Consultant, at the expense of the applicant, to conduct a peer review of any of the studies referred to in this section." (i) The following changes shall apply to PART 5, APPENDIX 1 DEFINITIONS: (a) Policies 1.4 to 1.6 (inclusive) are renumbered to 1.5 to 1.7 (inclusive). (b) Policies 1.7 to 1.9 are renumbered to 1.9 to 1.13 (inclusive). (c) Policies 1.10 to 1.26 (inclusive) are renumbered to 1.15 to 1.33 (inclusive). (d) Policies 1.27 to 1.29 are renumbered to 1.35 to 1.38 (respectively). (e) Policies 1.30 to 1.32 (inclusive) are renumbered to 1.40 to 1.42 (inclusive). (f) The following new definitions are added: "1.4 "Area of Employment" an area of land designated for clusters of business and economic uses being: manufacturing, warehousing, office uses and retail uses associated with or facilities ancillary to them; and areas supporting opportunities for cross border trade, movement of goods and tourism. S: \OFFICIAL.PLN\AMEND\ #76 (Bill 51)\BODY_76.wpd -8- 1.8 "Comprehensive Review" an overall review of the official plan as required through the Provincial Policy Statement or the Growth Plan. 1.14 "Dwelling Unit" see "Residential Unit" 1.34 "Residential Unit" A residential unit consists of a self contained set of rooms within a building or structure used or intended for residential use that includes both kitchen and bathroom facilities that are intended for the use of the unit only. 1.39 "Sustainable" means development, use or design that meets the needs of the present without compromising the ability of future generations to meet its needs." CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to recognize an existing public park. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R1C to OS and numbered 825, the land on the south side of Culp Street, east of Corwin Avenue, being Lt 5 P1 49 Stamford; Lt 6 P1 49 Stamford; Lt 7 P1 49 Stamford; Lt 8 P1 49 Stamford; Lt 9 PI 49 Stamford; Lt 10 P1 49 Stamford Lying S of Culp St; Blk A P1 244 Niagara Falls; Blk B P1 244 Niagara Falls; Pt 2 Ft Reserve P140 Stamford As In ST50843 Lying S Of Culp St; Pt Carlton Av P1 49 Stamford (Closed By BL57 Confirmed By BL82 Closed By R092984 Confirmed By AA2553) As In BL82 AA2553; S/T R0133892 Niagara Falls and shown hatched and designated OS and numbered 825 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of subsection (i) of clause (b) of section 14.2 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated OS and numbered 825 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon, except in compliance with the following regulations: (a) Minimum lot frontage (b) All other provisions of By -law No. 79 -200 shall continue to apply 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.825 None of the provisions of subsection (i) of clause (b) of section 14.2 of By- law No. 79 -200 shall apply to prevent the use of the land on the south side of Culp Street, east of Corwin Avenue, designated OS and numbered 825 on Sheet C5 of Schedule "A or the erection or use of any building or structure thereon, except in compliance with By -law No. 2008 Passed this twenty- eighth day of April, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading; April 28, 2008 April 28, 2008 April 28, 2008 A. Bryce:mb S:\ ZONING WMS\2008\By- Iaws\Byam001.wpd 130 metres SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Applicant: K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM -01 \mapping.map Amending Zoning By -law No. 79 -200 Description: Lt 5 P1 49 Stamford; Lt 6 P1 49 Stamford; Lt 7 P1 49 Stamford; Lt 8 P1 49 Stamford; Lt 9 P149 Stamford; Lt 10 P149 Stamford Lying S of Culp St; Blk A P1244 Niagara Falls; Bik B P1244 Niagara Falls; Pt 2 Ft Reserve P140 Stamford As In ST50843 Lying S of Culp St; Pt Carlton Av P1 49 Stamford (Closed By N BL57 Confirmed By BL82 Closed By R092984 Confirmed By AA2553) As In BL82 AA2553; S/T R0133892 Niagara Falls City of Niagara Falls Assessment #s: 272507001508200; 272507001509300; Part 272507001504520 1:NS AM- 2008 -001 April 2008 A by -law to amend By -law No. 79 -200, to permit the development of a semi detached dwelling on the land. 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 R1C to R2 and numbered 824, the land on the northeast corner of Dorchester Road and Pinedale Drive, being Lt 119 P1 230 Stamford; S/T AA86086 Niagara Falls and shown hatched and designated R2 and numbered 824 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of clause (c) of section 7.7.1 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 R2 and numbered 824 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 front yard depth 9 metres plus any applicable distance specified in section 4.27.1 of By -law No. 79 -200 b) All other provisions of By -law No 79 -200 shall continue to apply 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.824 Passed this twenty- eighth day of April, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading; Notwithstanding the provisions of clause (c) of section 7.7.1 of By -law No. 79 -200, no person shall use the land on the northeast corner of Dorchester Road and Pinedale Drive, designated R2 and numbered 824 on Sheet C3 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2008- April 28, 2008 April 28, 2008 April 28, 2008 A. Bryce:yb S:\ ZONING \AMS\2008\By- laws\Byam002.wpd CITY OF NIAGARA FALLS By -law No. 2008- SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Applicant: Kemal Ekmekci Halim Daglar Assessment #s: 272505000308100 33.1 m v rn v 33 m Amending Zoning By -law No. 79 -200 Description: Lt 119 PI 230 Stamford; S/T AA86086 Niagara Falls 1:NTS AM- 02/2008 K: \GIS_Requests\ 2008\ Schedules \ZoningAM\AM- 02 \mapping.map April 2008 Passed this twenty- eighth day of April, 2008. First Reading: Second Reading: Third Reading: April 28, 2008 April 28, 2008 April 28, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28` day of April, 2008. 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 28` day of April, 2008 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. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR