Additions 2008/09/22ADDITIONS TO COUNCIL, MONDAY SEPTEMBER 22 2008
Human Resources Committee
-Start-time-has been moved to 4:00 p:m ;from-the originally scheduled-3.00 p m. -
start time.
Council
Planning
26T-11-2008-01 (Revised) & AM-2008-008, Deerfield Estates Phase 8
Draft Plan of Subdivision, Zoning By-law Amendment Application
Kalar Road (West Side), South of Lundy's Lane
Owner River Realty Development (1976) Inc. (Stewart Branscombe)
a) Correspondence from Bonnie McGhie & Dan Blanchfield
Communications
Request from Celebrate Old Downtown to declare the upcoming Queen StreetArt
Saturdays as a Community Festival to obtain a Special Occasion Liquor Licence
-and-
Related Resolution
RECOMMENDATION: For the approval of Council.
2. Communication from Canadian Niagara Hotels expressing interest in the Niagara
Falls Memorial Arena Property
RECOMMENDATION. Refer to staff.
Reports
PD-2008-84, Sidewalk Cafe Licence Agreement
Country Chalet Restaurant -
6526 Main Street
By-laws
A by-law to authorize the execution of a Sidewalk Cafe Licence Agreement with
337304 Ontario Limited, respecting the licencing of a Sidewalk Cafe over a portion
of City sidewalk in front of 337304 Ontario Limited located at 6526 Main Street.
2. A by-law to hereby authorize the Mayor and Clerk to execute this Letter of
Agreement between Her Majesty the Queen in right of the Province of Ontario,
represented by the Minister of Transportation for the Province of Ontario (the
"Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding
Provided to the Municipality under the Ontario Bus_ Replacement Program as in
Schedule "A" attached hereto
rT.. ' __' ' - .-___ _--_ _ ~ ~._ . ___..~_._. -..
;_(9!19/2008) Dean lorfida _Monday's HR Committee Meetng___ ----- ---- -page 1]
From: Dean Iorfida
To: clarocque@nfreview.com
Date: 9/19/2008 12:09 PM
Subject: Monday's HR Committee Meeting
CC: Holly_Pemberton;_jwallace@nfreview.com- __ __- _ __ __
Start time has been changed from 3:00 p.m. to 4:00 p.m. All other particulars are the same.
Dean Iorfida, City Clerk
Niagara Falls
905-356-7521, Ext. 4271
905-356-9083 (Fax)
~r~hc~,~s~o~~ q
Zon•n<J
To Director of Planning & Development, City Councillors, and Mayor Ted Salci, ~" ~ ~; ~~)~
My husband and I would like to express our disapproval ofthe proposed change for /~"`-'
Zoning By-law Amendment Application AM-2008-008.
This change would allow the builder to have a block of land with access to Kalar Road
for either townhouses (17 units) or an apartment (44 units).
We are strongly against that change for several reasons.
We have lived on Belaire Avenue for 8 years now and we specifically chose that
neighbourhood because it was established and was close to good schools. At the south
end of Kalar there are many, many groups of townhouses and apartments basically
stretching from McCleod almost all the way to Westwood. And again right around the
corner on McLeod, more apartments and rows and rows ol'townhouses. Also, just off of
Kalar if you turn down the side street across from Kate S. Durdan School, yet more
blocks of townhouses to the north and south.
Now they want to put more townhouses and apartments just up the street. We have seen
the new houses and the new school and they look great. That is exactly what they had on
their plan posted near the road. Someone came to our door about the Bethlehem Project
and although we told them we would not like that apartment building there they told us it
was already approved and they were just going around with information as a courtesy.
When we said we did not like the idea because we already have al] the townhouses and
apartments down the street that are geared-to-income they were quite rude and basically
said that's too bad.
We did not express our disapproval officially then, but we are this time.
More townhouses and more apartments in that small area will mean more children for a
school that already has portables behind it. Before Forestview Public School even
opened it had portables behind it.
It feels like we are being smothered already with townhouses and apartments at our end
of town. And the last thing we need is another street with access to Kalar Road. As it is
now most cars run the new stop sign at Forestview Blvd. They don't even slow down
half the time.
It would be nice to see a neighbourhood without the crowding of townhouses and
apartments. With one geared-to-income apartment already approved for that area against
the wishes of many residents I hope you will consider us this time and not put more
townhouses and apartments in our area.
There are plenty of neighbourhoods and areas around the city that do not have
townhouses and apartments. It seems like lately for every 20 houses that go up 50-80
townhouse units are built.
RECEIVED
SEP 1 B 2006
PLANNING
u. nFVFI nPMENT
Maybe that's what happens when all the industries and good payingjobs arc leaving the
area and all we are left with is minimum wage, seasonal tourism jobs.
We hope you will take our_opinion_into consideration, We are-hard working residents-
who try our best to give back to our community and appreciate and respect what we have.
We hope you will respect our opinion on this matter.
Thank you for your time
Bonnie McGhie and Dan Blanchfield.
- ~
If you would like to contact either of us our home phone number is 905-358-5069 or you
can email us at dblanchfield(iucogeco.ca
~//~Oll~~j ~~
r.
hT SATURDAYS
To whom it may concern,
Every Saturday, starting Sept 20 from 9-9:00 pm Celebrate Old Downtown and Community Artist
Niagara are hosting an open air Art, Music and Food Festival on the sidewalks of Queen St. We are
outreaching to all artists to sell and publically work on their hand-made artwork, crafts, jewellery,
culinary arts, music, antiques and collectibles. All artists are also welcome to bring their guitars, paints,
and costumes to the Queen to add to the very artistic atmosphere we are trying to create. The space is
free with a Community Artist Members (10$). Volunteers will be assisting us. Non-permanent paint will
be used to mark vendor locations along the sidewalks while being mindful of keeping a pedestrian
walkway on the sidewalks. Nothing will be stacked in the ground. If there is rain, wind or a chill we will
be hosting the event in our indoor venue at 4437 Queen St. All accessible public washrooms will be
available at the indoor venue 4437 Queen St.
The program includes the Creative Monarch Contest, on street DJ and dance-off as well as many free
indoor workshops, including Tarot Cards, figurative drawing, music and acting as well as free live body
painting and hair colouring for all Creative Creatures.
We are applying for a Special Occasion Permit between 11 am and 11 pm at 4 triple 5 4555 Queen St.
For the Saturdays to follow this request: Sept 27, Oct 4`h, Oct 11`h, Oct 18, Oct 25, Oct 31. We ask that
council approve these dates be designated as a Community Festival. This approved documentation must
be included with our SOP application, so we would much appreciate this request to be included on the
Sept 22nd council agenda.
Lastly, we do not anticipate closing any roads at this time.
Should you have any questions and concerns please call Pam Seabrook at 905-356-5444 X 226
Thanks,
Melanie Mullen
www.celebrateolddowntown.com/queenarts Page 1
The City of Niagara Falls, Ontario
Resollltion
No.
Moved by Councillor
Seconded by Councillor
WHEREAS the Downtown Board of Management (BIA) through Celebrate Old Downtown
Community Corporation, have planned a number of events since the Spring; and
WHEREAS these events have stimulated activity in the Downtown; and
WHEREAS Celebrate Old Downtown and Community Artists Niagara are proposing Queen StreetArt
Saturdays, an art, music and food festival to run on consecutive Saturdays until October 31st; and
WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission
of Ontario (AGCO), these event require a resolution of Council recognizing them as Community
Festivals; and
WHEREAS this event will provide needed exposure to the Downtown.
THEREFORE BE IT RESOLVED that Queen Street Art Saturdays is a community event deserving
of City Council support.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR
C A N A D I A N
N I A G A R A
H U 7 E t. 5
I N C.
bS P.~~~ il~-P ~~rsa~ r
September 1?, Zt)0~
\4r .lohn MacDonald
Chief Administrative Officer
City of Niagara falls
431 ~t Queen Street
1~'iagara Fllls, ONI L2); bX5
Re: h`iaf;?ra Falls 1lemorial Arena Praper[~.
Dear faPtn.
"Chic letter conlinns Canadian Niagart Hotels ongoing interest in acquiring the upurm to
purchase the. Niagara Palls Memariaf Arena property.
Canadian Niagara Hotels wishes to enter into negotiations with the City of Niagara Falls
frn~ an agreement to purchase the referenced lands at market value b~ic undcrsnuu! t11a!
this property may not be available until mid-year 2010, however, we would like to cuter
intn an agreement.
\y'ould ynu kindly faclhtatc this request so that we can move forward ~i~ith pc~sttiv~
negotiations inla executing a purchase agreement for the Niagara Falls h9enlorr;l :Arena
property
I~hanlc you for your attention to this request and I world appreciate hcarin~~ hultl vuu.
?s~1y email address is michaeldtilniayaraEt(lshnteis.con~ or by telephone 905-3; a-444~~ est.
anon --
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September 22, 2008
~~~~~
1lliagara~alls
c ~n~~D:~
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario _
Members:
Re: PD-2008-84
Sidewalk Cafe Licence Agreement with the City
SWC-2008-006, Country Chalet Restaurant (337304 Ontario Limited)
6526 Main Street
RECOMMENDATION:
PD-2008-84
That the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, with
Rick Dritsacos to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of
the Country Chalet Restaurant located at 6526 Main Street.
BACKGROUND:
Rick Dritsacos has applied to the City to renew a Sidewalk Cafe Licence Agreement for a sidewalk cafe
in front of Country Chalet Restaurant located at 6526 Main Street, as shown on Schedule 1 The
Sidewalk Cafe application has been reviewed by staff and is recommended for approval.
The licensed area is approximately 71 86 square metres and is shown hatched on Schedule 1. The
licence fee for 2008 is $1,792.56. The term of the proposed licence is five years and the sidewalk cafe
will be required to operate in accordance with the City's Sidewalk Cafe Guidelines.
The Licencee will also be required to take out and keep in force a comprehensive policy of general
liability and property damage insurance of not less than $2,000,000 00 to cover himself and the City.
At its discretion, the City may either terminate or modify the licensed area if the remaining sidewalk
proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that
pedestrian safety could be compromised, or if the City requires the lands for it's or another agency's
purpose. Each party must give 30 days written notice to terminate the licence.
Recommended by:
Approved by
Alex
Respectfully submitted:
AD:mb "~
Attach.
S:1PDR\20081PD-2008-84, SWC-2008
:,ze:.~mwa,;
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`..'t o,
of Planning & Development
Chief Administrative Officer
Community Services Department
Working Together to Serve Our Community Planning & Development
i
SCHEDULE 1
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CTTY OF NIAGARA FALLS
By-law No. 2008 -
A by-law to_authorize the_execution of_a_Sidewalk Cafe_Licence_Agreement with_337304.Ontario _ _ _ __
Limited, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of
337304 Ontario Limited located at 626 Main Street.
THE COUNCIL OF THE CORPORATION OF THE CITY OFNIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Sidewalk Cafe Licence Agreement dated September 15, 2008, and made between 337304
Ontario Limited as Licensee and The Corporation of the City ofNiagara Falls as City, respecting the
licencing of a Sidewalk Cafe in front of 6526 Main Street, as attached hereto, is hereby approved and
authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence
Agreement and all other documents that may he required for the purpose of carrying out the intent
of this by-law.
3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this twenty-second day of September, 2008.
........................................................
DEAN IORFIDA, CITY CLERK
.................... .........................
R. T (TED) SALCI, MAYOR
First Reading: September 22, 2008.
Second Reading: September 22, 2005.
Third Reading: September 22, 2008.
'CRIB AGREEMENT made this 1 ~`" day of September, 2008.
I3ETN~ELN:
337304 ONTARIO LIMITED,
Hereinafter called the "Licensee"
of the F1RST P ART
- and -
THE CORPORATION OF TIIE
CITY OR NIAGARA FALLS,
Hereinafter called tine "City"
of the SECOND PART,
WHEREAS Uie Licensee has applied to the City fur petnnission to occupy a portion of the side~~~alk
forpurposes of establishing and operating a sidewalk cafe, which is located on City ]ands and shown
hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands").
ANll W HEREAS the Licensee is the owner o f the adjoining 1 ands municipalLykno~in as 6i 26 Mein
Street, and morn particularly described in Schedule `B" attached hereto (hereinafter referred to as
the Zioensee's lands").
ANU \VHEREAS the Ctt}~ has ao eed to grant the Licensez petmissimn to occupy the City lands as
a Licensee fur such consideration and upon suoh temps and conditions as hereinafter contained.
NO W THEREFORE THIS LICENCE AGREEMENT WITNESSETII drat in consideration cf
the premises, the mutual cuvena~nts and conditions herein contained and for valuab]econsideration,
the receipt of which is hereby acknowledged, the parties hereto mutually covenant end ag~ee as
follows:
1 The City shall permit the Licensee to occupy and use the C'ih-lands from April 1" to October
31" m each yev~ the licence is in effect for the purpose of a sidewalk cafe in conjunction with the
existing restaurant located on the Licensee s lands.
2. The Li censec acknowledges that it does not have a riglrC to use the City (ands, except in
accordance with the conditions of the licence herein contained and that it accepts this licence suhjeet
lu suoh ]imitations as herein contained.
Tlnis licence shall commence April 1", 2008; and shall tenniuate un Vetober 31", 20]3
suhjeet to its earlier termination.
CITY OF NIAGARA FALLS
By-law No. 2008 -
A by-law to_hereby_authorize the Mayor and Clerk to_execute this.Letter_of Agreement between Her_
Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation
for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality")
Related to Funding Provided to the Municipality under the Ontario Bus Replacement Program as in
Schedule "A" attached hereto.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
Schedule "A" shall form part of this by-law.
Passed this twenty second day of September, 2008
...........................................................
DEAN IORFIDA, CITY CLERK
......................................................
R.T. (TED) SALCI, MAYOR
First Reading: September 22, 2008
Second Reading• September 22, 2008
Third Reading: September 22, 2008
Ministry of
Transportation
Office of the Minister
Ferguson Block, 3rd Floor
77 Wellesley St. West
Toronto, Ontario
M7A 1 Z8
416 327-9200
tvww.mto.gov.on.ca
AUG 0 6 2008
Ministere des
Transports
Bureau du ministre
Edifice Ferguson, 3a etage
77, rue Wellesley ouest
Toronto (Ontariol
M7A 1Z8
416 327-9200
www.mto.gov.on.ca
~_
~®
°~®-
Ontario
~~~lE®ULE "A `"
His Worship Ted Salci
Mayor
The City of Niagara Falls
PO Box 1023, 4310 Queen Street
Niagara Fails, Ontario
L2E 6X5
Dear Mayor Salci:
RE: Letter of Agreement between Her Majesty the Queen in right of the Province of
Ontario, represented by the Minister of Transportation for the Province of
Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality")
Related to Funding Provided to the Municipality under the Ontario Bus
Replacement Program (this "Letter of Agreement")
This Letter of Agreement is in response to the application received from the Municipality for
funding under the Ontario Bus Replacement Program (the "OBRP")
The Ministry has now completed its review of the application and wishes, subject to the
terms and conditions set out below, to provide the Municipality with funding for the
replacement of ageing transit buses in support of strong communities, increased public
transportation reliability, reduction of operating municipal costs, and investment in the
renewal of transportation systems.
Funding from the Ministry to the Municipality under the OBRP (the "OBRP funding") will be
provided in accordance with the terms and conditions set out in this Letter of Agreement and
the Ontario Bus Replacement Program (OBRP)-2008 Guidelines and Requirements (the
"Guidelines and Requirements').
In consideration of the mutual covenants and agreements contained in this Letter of
Agreement and the Guidelines and Requirements, which the Municipality has reviewed and
understands and which are hereby incorporated by reference, and other good and valuable
consideration (the receipt of which is hereby acknowledged), the Ministry and the
Municipality covenant and agree as follows:
1 In accordance with and subject to the terms and conditions set out in this Letter of
Agreement and the Guidelines and Requirements, the Ministry agrees to provide
OBRP funding to the Municipality up to, unless the Ministry otherwise agrees upon in
writing, a maximum amount of $503,496
The OBRP funding to be provided under section 1 is subject to the Municipality
having provided the Ministry with the required number of copies of this Letter of
Agreement signed by the Municipality, copies of the authorizing municipal by-law and
certified copy of a binding agreement between the Municipality or a transit operator,
as applicable, and a manufacturer of transit buses for the purchase of such transit
buses to be delivered in 2008 and, where applicable, a binding operating agreement
between the Municipality and a transit operator.
3. Despite Section 1, the Municipality understands and agrees that any amount payable
under this Letter of Agreement may be subject, at the sole discretion of the Ministry,
to adjustment for consistency with the agreements described in Section 2, and any
other adjustments as set out in the Guidelines and Requirements, including those
related to annual appropriations of funds by the Legislative Assembly of Ontario
4 Unless terminated earlier in accordance with the terms and conditions set out in this
Letter of Agreement or extended at the Ministry's option and with the consent of the
Municipality, the term of this Letter of Agreement shall commence on the effective
date, which shall be the last date it is signed by one of the representatives from the
Municipality, and shall expire on March 31, 2009.
The Ministry may terminate this Letter of Agreement at any time, without cause, upon
giving at least thirty (30) days written notice to the Municipality If the Ministry
terminates this Letter of Agreement without cause, it may a) cancel all further OBRP
funding payments, b) demand repayment of any OBRP funds, including any related
interest, remaining in the possession or under the control of the Municipality; and c)
determine the Municipality's reasonable costs to terminate any binding agreement
between the Municipality or a transit operator and a manufacturer of transit buses
acquired under the OBRP, and permit the Municipality to offset these costs against
the OBRP funds remaining in the possession or under the control of the Municipality
6 If the Legislature fails to appropriate sufficient funds for the OBRP, the Ministry, in
addition to any adjustments it may make under section 3, may terminate this Letter of
Agreement immediately by giving notice to the Municipality. In such instance, the
Ministry shall have the same rights as those set out in paragraphs 5 a, b and c.
7. This Letter of Agreement constitutes the entire Agreement between the Ministry and
the Municipality with respect to the subject matter contained in this Letter of
Agreement, and supersedes all prior oral or written representations and agreements.
8 Any changes to this letter of agreement shall be by written amendment signed by the
Ministry and the Municipality.
9. Any provisions, which, by their nature are intended to survive the termination or
expiration of this Letter of Agreement, shall survive its termination or expiration,
including the Municipality's indemnification obligations.
10. The Municipality hereby consents to the execution by the Ministry of this Letter of
Agreement by means of an electronic signature.
If the Municipality is satisfied with and accepts the terms and conditions of this
Le_tter_of Agre_ement,_pleas_e secure_the_re_quire_d_signatures_for_the_fo_ur enclosed copies_of_
this Letter of Agreement and return two fully signed copies to'
Ministry of Transportation
Division Services and Program Management Office
27~" Floor, Suite # 2702
777 Bay Street
Toronto, Ontario
M7A 2J8
Once the Ministry has received the signed copies of this Letter of Agreement and the
related authorizing municipal by-law, and the certified copies of the agreements set out in
Section 2, the Ministry may, in accordance with the OBRP, make arrangements for the
payment of OBRP funding to the Municipality.
Yours sincerely,
~µ-~-~
Jim Bradley
Minister of Transportation
I have read and understand the terms of this Letter of Agreement, as set out above, and by
signing below I am signifying the Municipality's consent to be bound by these terms.
The Corporation of the City of Niagara Falls
Per:
Date.
Mayor
Per:
Date.
Chief Financial OfficerfTreasurer
or Clerk