Additions 2009/05/04ADDITIONS TO COUNCIL MONDAY MAY 4 2009
COMMUNITY SERVICES
1. Re: CD-2009-06 - 5890 Main Street
a) Request from the Main & Ferry BIA for an Interim Control By-law for the
Historic Drummondville CIP Area.
b) Opposition letters including letter from the Niagara Falls Board of Museums
c) Correspondence from Niagara Region.
IN CAMERA
1. Clarification from City Solicitor on price re: Buttrey Street property.
COUNCIL
COMMUNICATIONS
1. Request that May 17-23, 2009 be proclaimed as "Second Energy Conservation
Week" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
CONSENT AGENDA
1. Re: L-2009-18-Nuisance By-law
Police's request letter for Nuisance By-law
Additional Report:
2. MW-2009-35 -Niagara Falls Museum Project (Lundy's Lane)
RESOLUTIONS
1. THEREFORE BE IT RESOLVED that Niagara Falls City Council supports a
submission to the Enabling Accessibility Fund to improve barrier-free accessibility
at City Hall.
`` MAIN ~ FERRY
BUSINESS 1MPR0 VEMENTL'1SS0 CIATION
8060 MAIN ST. NIAGARA FALLS, ONT. L2G 5Zfl
Apri130, 2009
Mayor Salci and Members of Council
City Hall
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Re: Request for Interim Control Bylaw for the Historic Drummondville CIP Area
Dear Mayor Salci and Council Members,
At the Main and Ferry BIA meeting held Apri17, 2009, the following motion was
approved:
It was moved by Dave Paterson, seconded by Don Swalm, that a resolution
be sent to City Council requesting an Interim Control Bylaw for the Historic
Drummondville area. Carried unanimously.
The discussion preceding the vote was that night club proposals run counter to the vision
and objectives of our CIP; to our efforts to create a historic, family-friendly area; and to
the substantial investments, in the Museum Legacy Project and other endeavours, being
made to achieve these objectives. There are already eight bars (including two Adult
Entertainment Parlours) in our small BIA area. We need a moratorium on new liquor
licenses in this area.
Our current request is the same as that our Council rep put forward at the Council
meeting of July 7, 2008 as part of her motion regarding our area then. She spoke of an
interim control bylaw such as that the City of Ottawa had implemented for their Byward
Market area when studying licensed facilities there.
Since then, we have also learned that in 2007 the City of St. Catharines passed an interim
control bylaw to restrict the creation of new licensed establishments with particular
characteristics in its downtown when a study began of licensed establishments there. We
understand that that interim control bylaw was extended for another year in 2008.
Your December 15, 2008 staff report rejected the notion of an interim control bylaw for
Historic Drummondville, suggesting that it was not necessary because the Queen Street
model could be followed; a bylaw could be passed in a relatively short time period; and
"pressure to establish new nightclubs and bars seems to be low at the moment."
The outcome of the January 26, 2009 public meeting, where the matter was deferred for
further study, suggests otherwise. It became apparent that the Queen Street model was
not considered appropriate for our area, ad since the matter was deferred, a bylaw will not
be passed soon Since then, another nightclub application has come forward, so the
argument that pressure to establish such uses is low has also become suspect.
We therefore respectfully request that you pass an interim control bylaw to restrict the
creation of new licensed establishments in the Historic Drummondville CIP area
forthwith.
Yours ly,
"GI/d /~-
uth Ann Nieuwesteeg
Chair
December 15, 2008
PD-2p08-144
Niagara~al~s
CANADA
His Worship Mayor led Salci
and Members of the Municipal Couricil con wined 1n this~reporttwere
City of Niagara Falls, Ontario adopted by CityCouncfl
Members:
Re: PD-2008-174
City of Niagara Falls
Regulating Nightclubs and Bars in the Historic Drummondville Area
RECOMMENDATION:
That Council authorize staff to process a zoning amendment farthe Historic Drummondville
area to regulate bars and nightclubs as outlined in this report.
BACKGROUND:
On July 7, 2008, Council directed staff to investigate amendments far the Drummondville
area similar to the by-law passed to regulate nightclubs in the Queen Street area. Staff
were also directed to investigate the City of Toronto's definition ofi a nightclub;
Mississauga's zoning and separation distances for such clubs; and to report back on the
feasibility of adopting an interim control by-law for the Sylvia Place Market based on the
City of Ottawa's 2006 interim contro! By-law for the ByWard Market area.
Downtown Controls
By-law No. 2004-200, which applies to the Central Business District (CBD), was passed
by Council on November 1, 2004 in response to concerns raised by the Downtown Board
of Management about the proliferation of large scale nightclubs on Queen Street and its
impacts on the CBD and nearby residential areas. By-law No.2004-200 does the following:
• adds definitionsfortVightcfubsandLicensedEstablishmentsfortheDowntownarea;
• permits Nightclubs and Licensed Establishments in the Central Business
Commercial (CB) zone;
• differentiates between larger and smaller establishments: aNightclub is defined as
any licensed establishment exceeding a capacity of 499 persons and a Licensed
Establishment is defined as any premises licensed to serve liquor (by default 499
persons or less);
• requires nightclubs to .e. separated from other nightclubs or licensed.
establishments a mini ~ (stance of 100 metres (328 ft.);
• requires nightclub eparated from a.residentialzone bya minimum dis nce
of 45 metres , ,
Community Services Department
Working Together ro Serve Our Community Planning & Development
December 15, 2908 -2 - PD-2408-714
• exempts licensed es#ablishments from separation distances; and
• requires on-site parking for a nightclub to be provided at a rate of 1 parking space
per 5 persons of occupancy.
Other Municipalities
The following is a brief description of what the Cities of Ottawa, Toronto and Mississauga
have done to address nightclubs:
City of Ottawa ,.
The City of Ottawa passed~an interim Control By-la"w QCBL) in 2006 topreclude
additional nightclubs from being established in the BylNard Market/Ricleau S#reet
area of downtown Ottawa, while the issue of nightcldbs was being studied.
Ottawa had zoning controls in place prior to the Interim Control By-lawwhich divided
bars and nightclubs into two categories, small establishments (under 250 square
metres/2,691 sq. ft.} and .large establishments (250 square metres to 500 square
metres/2,fi91 sq. ft. to 5,382 sq, ft.). Bars and nightclubs are not allowed to exceed
500 square metres in area. Large nightclubs must be 100 metres (328 ft.) from
other large establishments and from residential zones.
Ottawa's Interim Control Study resulted in an amending by-law to require that large
bars be subject to the same regulations as large nightclubs. In addition, Ottawa
added provisions to allow conditions to be added to business and liquor licence
applications which require the submission of noise control and crowd.contro! plans,
security plans and refuse management plans.
City of Toronto
The City of Toronto allows a maximum of 6% or 47 square metres (506 square-feet)
of a restaurant to be used fordancing or entertainment. Where a restaurant is Tess
than 10 metres (32.8 feet} from a residential •zone an outdoor patio is not permitted.
Where a restaurant is separated from a residential zone by a street less than 6.1
metres (20 feet} in width the restaurant is limited to 400 square metres (430fi square
feet) in area. ~ .
City of Mississauga.
In the City of Mississauga nightclubs are restricted to a maximum #loor area of 1,115
square metres (12,002 sq. ft.} and are required to be a minimum of 800 metres
{2,625 ft.) from residential zones.
Discussion
All of the by-laws have a number of similar characteristics. They all distinguish between
large and small establishments; place separation distances between like premises and
provide for separation distances from residential areas.
An Interim Control By-law is a useful toot where an extensive study is needed to determine
necessary planning controls and there is significant pressure to establish the use being
studied. The proposed form of land use controls are straight forward if the established
December 76, 2008 .3 ,
PD-2008.114
model is followed; a by-law can be passed in a relativelyshort time period; and pressure
to establish new nightclubs and bars seems.to be low at.the moment. Therefore, an
Interim Control By-law is not. necessary to develop zoning controls for the Historic
Drummondville CIP area.
Schedule 1 shows the extent of the Historic Drummondville Community fmprovement
Projec# Area. The proposed changes would be applicable to the portion zoned General
Commercial (GC). Schedule 2 shows the extent of the GC Zone within this area.
A Tavern is a permitted use in the GC zone, but is an undefined term. Nightclubs and bars
would be considered to fall undsra Tavern use. Removal ofths antiquated term tavern and
the. in#roduction of new definitions for Nightclubs and Licensed Establishments would
remove uncertainty and provide better controls than currently exist.
There are no controls over the size of Taverns within the GC lands. Niagara Falls has
regulated the size of Nightclubs using the number of persons who can be accommodated
while the other municipalities studied regulate size based on floor area. The City Solicitor
recommends maintaining occupancy as the controlling mechanism since liquor licences
are based on head counts rather than floor area. Currently; the City defines Nightclubs as
greaterthan 499 persons. If Council wishes, a lower occupancy level could be established
to differentiate between Nightclubs and smaller establishments; these should apply
consistently across, the municipality including Queen S#reet. Council may also want to
establish maximum occupancy leve~s.or floor areacaps, such as those found in City of
Oifawa regulations.
There are no separation distances.for licensed premises in Drummondville. The required
separation distance between Nightclubs was implemented in the Downtown-to mitigate
problems associated with the congregation of crowds among clubs in close proximity. The
separation from residential arras was considered necessary to mitigate the impacts of
these nightclubs on residents. Licensed establishments are smaller and have not been
subject to separation distances between each other or from residential zones as they are
generally not considered to have crowd control issues. Applying the soma separation
distances established for the Downtown to Historic Drummondville would prevent
Nightclubs from locating next to each other and from residentially zoned properties, thus
effectively limiting them to properties around the intersection of Main and Ferry Streets.
This would also reduce the size of.crawd§ and associated problems at closing time; the
latter can be a significant policing matter if additional officers have to be assigned to certain
districts.
Most uses of properties around.the intersection of Main and Ferry Streets are exempt from
providing patron parking. Parking requirements were implemented for Nightclubs in the
Downtown area due tc evidence that the parking demands of large nightclubs was
excessive and was causing off-site parking impacts, such as parking on nearby residential
streets. Given the similarities between Historic Drummondville and the Downtown area
(close proximity to residential areas, limited public parking), it is logical to implement the
same parking requirements for Historic Drummondville.
CDNCLtJSION:
!t is concluded that the Sams standards applied to the Downtown area be considered for
Historic Drummondville within the area zoned General. Comj'nercial to effectively:
December 15, 2008 . q . PD-2008.114
- define a Licensed Establishment as any facility licensed for the consumption of
alcohol and a Nightclub as a licensed establishment exceeding 499 persons
capacity;-
- delete the term Tavern from the list of permitted uses;
- require nightclubs to beseparated from other nightclubs and licensed
establishments by a distance of 100 mefres (328 ft.) and from residential zones by
a distance of 45 metres (148.ft.); and
- require that nightclubs provide on-site parking at a rate of 1 parking space per 5
persons occupancy.
Approval of this report will authorize Staff to proceed with notification of a public meeting
df Council to be scheduled January 26,.2009 together with an implementing zoning by-law.
Recommended by:
Approved by:
A.Bryca:mb ..
Atlach.
S;1POR120681PD-200&t14,Regulating NghlGubs& Bars.wpd
r vcava-vv
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
AM-2008-034, Zoning By-law Amendment Application
City of Niagara Falls
Regulating Nightclubs and Bars in the Historic Drummondville Area
PD-2009-03
RECOMMENDATION:
That Council approve the Zoning By-law amendment application to define and establish
regulations for licensed establishments and nightclubs in the Historic Drummondville area
as outlined in this report.
BACKGROUND:
On December 15, 2008, Council directed staff to process a Zoning By-law amendment for
the portion of Historic Drummondville zoned General Commercial (GC), as shown on
Schedule 1, to regulate bars and nightclubs.
The proposed changes are summarized as follows:
- Add the City's current definitions for nightclubs (any licenced establishment above
499 persons of occupancy) and licensed establishments (any premises licensed to
serve liquor} and add them to the list of permitted uses;
- Delete taverns from the list of permitted uses to avoid conflict with the above noted
terms;
- Require nightclubs tc be separated from a residential zone by a minimum distance
of 45 metres (148 feet);
- Requirenightclubstobeseparatedfromothernightblubsorlicensedestablishments
by a minimum distance of 100 metres (328 feet}; and
- Require nightclubs to provide one on-site parking space per 5 persons of
occupancy.
Staff report PD-2008-114, a ``'cl as Appendix "A", explains the above rioted changes
in detail.
Working Together to Serve Our Commun' commun{ry sernces Department
_ Planning & Development
THIS MATTER. DEFERRED BY ~tlUNCIL
January 26, 2009 - 2 - PD-2009-03
Circulation Comments
Residents and Business Owners
Several letters have been received supporting measures to control nightclubs. Two
of these letters have recommended a lower occupancy to differentiate between
nightclubs and licensed establishments and floor area caps for these uses.
Planning Analysis
This report responds to Council's direction that staff investiga#e whether the City's current
occupancy levels used to differentiate between a nightciub.and a licensed establishment
are appropriate for the Historic Drummondville area.
The current size of a nightclub established atan occupancy over 498 persons
provides a consistent approach in the City.
The current definition of a nightclub, adopted by Council in 2004 for the Central
Business District (CBD), was based on research undertaken by RCI Consulting
(RCI) on the behalf of the Niagara Falls Downfowri Board of Management. RCI
found that nightclubs with over 500 persons occupancy appeared to be causing
policing issues and many of.tfie parking problems in the CBD and the surrounding
residential area. As a resul#, nightclubs in the CBD are now required to provide on-
site parking at a rate of 1 parking space for every 5 persons of occupancy.
Staffs research also found that the occupancy limit of 500 was one which other
municipalities have used. The City of BUrlingtori had adopted in 2001 after
extensive research by their staff and Halton Regional Police that indicated
nightclubs with an occupancy over 500 persons had significantly more criminal and
policing problems.
The number of complaints about nightclubs and their reiafed parking and policing
problems in the CBD has significantly dropped since the City has amended the
Zoning By-law. In addition, these Toning standards have not been challenged,
making the size limit extremely defensible.
2. Applying the current regulatory provisions and definitions of nightclub and
licensed establishmentto the Historic Drummondville area ensures a uniform
standard in the City.
When Council decided fo regulate nightclubs in the CBD they adopted a regulatory
provision fo require nightclubs to be a minimum of 45 metres (148 feet) from any
residential zone tomitigate impactssuch as on-street crowding and excessive noise
on nearby residents. Council also adopted a provision that requires nightclubs and
other nightclubs and licensed establishments to be located a minimum of 100
metres (328 feet} from each othei•.to'furtheroddress crowding and other problems
encountered at closing #imes.
In order to address parking issues Council decided to require nightclubs to provide
1 on-site parking space for each 5 persons of occupancy. Prior to the amendment
taverns within specified areas were exempt from the City's parking requirements by
zoning provisions That were adopted back in 1981.
January 26, 2009 . g _
PD-2009-03
The CBD and Historic Drummondville have similar land uses, built form and
development issues. The regulations introduced iri the CgD to control nightclubs
were based on research and sound planning principles. Given the similarity of the
two areas they should be treated the same.
3. With the introductionofthetermsnightclubandllcensedestablishmenttothe
GC zoning in Historic Drummondville, taverns should be removed from the list
of permitted'uses.
Taverns are currently permitted in the GC zone, but are undefined: If Council
introduces definitions of a nightclub and a licensed establishment to Historic
Drummondville, taverns should be removed from the list of permitted uses to
eliminate the possibility of someone trying to circumvent the new terms and
regulations.
4. The current parking exemption afforded to restaurants should be extended to
licensed establishments.
Restaurants and many other uses within a .specified area of Historic
Drummondville, shown on Schedule 2, have been exempt from providing parking
since 1981. The exemption was put into place to recognize the.generally small
scale, pedestrian oriented uses that occur iri this area and the inability to provide
on-site parking because the majority of the properties are fully developed with
buildings. As a licensed establishment is expected to generate less of a parking
demand than a nightclub it would be appropriate to extend parking exemptions to
- this use within the area shown'on Schedule 2. All licensed establishments in
Historic Drummondville outside this area are currently required to provide parking
and these regulations are no#"proposed to be changed.
CONCLUSION:
The introduction of new terms and regulations reflect contemporary standards for
businesses licensed to serve alcohol by the Province. Applying the same standards to
Historic Drummondville as used in the Downfawn area of the City represents a consistent
approach. The standards used in the Downtown have not been challenged and previous
complaints have disappeared.
Recommended by: ~-"~ 1~<,~-t~{+~
Alex Herlovitch, Dir for of Piahning &
Approved by: ~ ~ /~
Dujiovic, Executive director of Community
A.Bryca:mb
Attach. ' '-'
s:1PDR120091PD-2009-03, AM-206&030.. Ragulaffng Nightcluhs.wpd
Licensing and Registration
Alcohol and Gaming Commission of Ontario
90 Sheppazd Avenue East, suite 200
Toronto, Ontario
M2N OA4
April 30s', 2009.
Regarding Application for a Sales Licence:
Roulette (To be known as: Bauk Lounge Niagara (The))
5890 Main Street
Niagara Falls, Ontazio (Indoor and Outdoor Area)
Please consider this letter as objection to the above named application-for a Liquor Licence. This
above noted business is located one block West of the Lundy's Lane Historical Museum and one
block East of the Lundy's Lane Battlefield National Historic Site and the Battle Ground Hotel
Museum, all three of which are operated by the Niagara Falls Board of Museums.
The Board of Museums objects to this licence application on the following grounds:
I - As there is currently very little parking on the site of 5890 Main Street, the next closest place
for parking would undoubtedly be the Lundy's Lane Historical Museum's parking lot located
adjacent to the Sylvia Place Market parking lot. There is concern that additional wear and tear on
the parking lot and additional ttafFic after hours in our parking lot would increase the incidence of
damage or vandalism on our site.
2 -There is an existing public walkway that joins Ferry Street to the Market parking lot and there
is some concern that this azea would become a place of congregation after-hours, increasing the
incidence of damage, vandalism, likter and unsavoury practices such as drinking, drugs and
prostitution in this walkway area, which is located along the Museum property. There have
already been a number of incidences of urination on the Museum building (including both the
front and back door), used needles left on the lawn, condom wrappers and used condoms left
littering the Museum property and numerous beer bottles and cans thrown on the property all
along Ferry Street and along the pedestrian walkway. This would only get worse with a night-
club style business located within the immediate vicinity. The clean-up of this area is currently a
health and safety risk for our Museum staff and we are concerned that our staff would be at even
higher risk should this licence application be permitted.
3 -The Board of Museums is currently undertaking a major capital project which includes the
creation of the Lundy's Lane Battlefield Legacy Project. This $12 million project includes a
major capital expansion to the Lundy's Lane Historical Museum, improvements to the Lundy's
Lane Battlefield National Historic Site and improvements to the Battle Ground Hotel Museum.
This is the City's major Legacy Project which will celebrate and commemorate the Bicentennial
of the War of 1812 in 2012-2014 and will leave a tangible legacy for future generations. A
nightclub-style establishment located in the exact centre of this project is certainly not in our
vision and would be a major detractor for visitors to this historic site. Visitors to the Museum and
Battlefield will be required to walk past the business, with its outdoor patio extending a
significant way into the sidewalk area, while visiting the battlefield. This is certainly not the
vision we have for a renewed and revitalized historic district. When the world is looking to
Niagara to celebrate a major milestone we envision a business area that provides appropriate and
family friendly places for our visitors to enjoy. The Board of Museums is committed to the
Historic Drummondville Community Improvement Plan (CIP}completed recently, which
includes focus on the Lundy's Lane Battlefield National Historic Site, the Lundy's Lane
Historical Museum expansion Plans, the Sylvia Place Market revitalization and local business
revitalization that is sympathetic to the CIP.
4 -Finally, we have some concern for the safety of our visitors in the area of the Main Street and
Ferry Street intersection. The intersection at Main Street and Ferry Street is already a high traffic
and high risk intersection and the addition of an outdoor patio could create a distraction for cazs
driving along the road and for pedestrians trying to get around.. The patio, which is in the process
of being built, has already significantly reduced the amount of walking space along the street. As
we would be directing our visitors along the route directly next to this establishment when
directing them to the Lundy's Lane Battlefield National Historic Site, this could pose a hazard.
The Niagara Falls Boazd of Museums sincerely hope that the Liquor Licence application for the
proposed business at this particular location will be denied based on the above noted concerns.
Thank you very much for the opportunity to make a submission ~egazding this application and we
can be reached at 905-358-5082 for further comment, should that be required.
Sincerely,
Gordon West
Chair, Niagaza Falls Boazd of Museums
ca City of Niagara Falls
Main and Ferry BIA
Licensing and Registration
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Torohto,. ON
M2N OA4
1-800-522-28Zti
Fax: 418-326-5555
licensing~agco.on.ca
In regards to:
rIIAG. FflL~ u eLERhS'Cty p.~C1~ ? ~;t'1'~
Application for a Sales Licence
ROULETTE.
(To be known as BANK LOUNGE NIAGARA (THE))
5.890 MAIN STREET
NIAGARA FALLS (Indoor and outdoor area)
ECEIVED
MAY 0 41009
Please be advised of my/our objection to the issuance of a liquor licence for the above-noted application.
The issuance of this licence is not in the public interest.
Ours is a safe, family-friendly neighbourhood. We wish it to remain so.
The residents who live in the Historic Drummondville area have been greatly heartened lately by the
many positive developments which we have recently seen. We are happy to see good, family-friendly
redevelopment in the area and the planned public investment in revitalizing the Faane[s' Market and
Lundy's Lane Historical Museum. We want to see more family-friendly businesses and attractions in our
area. It is not in the public interest for a night club to locate here.
We are concerned about our quality of Life, We expectapRropdate and desirable redevelopment in the
area. We do not wish businesses which will detrimentally affect the amenity of our neighbourhood. We
do not want noise disruption from late night music and patron activities to interfere with our families'
comfort and repose.
We do not wish to repeat the experience which Queen Street business owners and residents in the
surrounding neighbourhoods had with the nightclubs which fonnedy operated there. We know, from their
experience,. where neighbours blocks away were disturbed by the noise and carryings-on, drat we do not
wish such a use in our midst We question whether there would be adequate police resources at all times
to ensure safety and public order.
We do not want the late-night traffic, the noise, and the patron activities a night qub with outdoor areas
would bring to our streets. The type of licensed facility proposed for 5890 Main Street does not belong at
that site. It would adversely affect the peace, be disruptive t4 nearby families, and be detrimental to the
general welfare of the area. The issuance of a liquor licence for the establishment planned at 5890 Main
would not be in the public interest.
Yours truly,
Hr~ of ~ 9.
Date
Telephone number
PRINT CLEARLY:. }
Name ~~ ~ L .~ l./2 ~ f ~'
Licensing and Registration
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Torohto, ON
M2N OA4
1-fl04-522-2&7ta
Fax; 416-828-5555
licensing~agco.on.ca
In regards to:
hdIAG. FHLLS CLERKS'ij4 (i5ij4 i5~u.~
Application for a Sales Licence
ROULETTE.
(To be known as BANK LOUNGE NIAGARA (THE))
589Q MAIN. STREET
NIAGARA FALLS (Indoor and outdoor area)
RECEIVED
MAY 4 4 2009
PLANNING
& DEV LOPME T
Please be advised of mylour objection to the issuance of a liquor licence far the above-Hated application.
The issuance of this licence is not in the public interest.
Ours is a safe, family-friendly neighbourhood. We wish it to remain so.
The residents who live in the Historic Drummondville area have been greatly heartened lately by the
many positive developments which we have recently seen. We are happy to see good, family-friendly
redevelopment is the area and the planned public investment in revitalizing the Fanners' Market and
Lundy's Lane Historical Museum. We want to see more family-friendly businesses and attractions in our
area. It is not in the public interest for a night club to locate here.
We are concerned about our qualitlt of life, We expect appropriate and desirable redevelopment in the
area. We do not wish businesses which will detrimentally affect the amenity of our neighbourhood. We
do not want noise disruption from late nightmusic and patron activities to interfere with our families'
comfort and repose.
We do not wish t4 repeat the experience which Queen Street business owners and residents in the
surrounding neighbourhoods had with the nightclubs which formerly operated there. We know, from their
experience,. where neighbours blocks away were disturbed by the noise and cerryings-on, that we do not
wish such a use in our midst. We question whether there would be adequate police resources at all times
to ensure safety and public order.
We do not want the late-night traffic, the noise, and the patron activities a night club with outdoor areas
would bring to our streets. The type of licensed facility proposed for 5890 Main Street does not belong at
that site. It would adversely affect the peace, be disruptive tQ nearby families, and ke detrimental to the
general welfare of the area. The issuance of a liquor licence for the esthblishment planned at 5890 Main
would not be in the public interest.
Yours truly,
PRINT CLEARLY:.
ly~Ly ~. ~,~ ~ ~
Date ~
Name f) iL S I ~ l~/ ~~-/~ FF
Address •~~- `~ .S~ /7~=~ ~ S ~, ~1 //}~-f} ~ `~~S
Telephone number ~ aS' -3 ~~ 02.3 ~3
Nia ara Re ion PUBLIC WORKS
g g Transportation Services
2201 St: David's Road, P.O. Box 1042,
Thorold, ON L2V 4T7
Tel: 905-685-1571;Toll-free:l-800-263-7215
Fax: 905-685-0013
www, niaga raregion.ca
Apri130,.2009 ~1 ~ ~ ~'
Mr. Start' Paul IK/
$319 Vegter Court xYl
~~~., Niagara Falls, Ontario /J,fe~
L2H 3M1 (~L
Dear Sir:
The Bank Lounge -Niagara
58901VIsin Street at Regional Road 20 (Ferry Street)
City of Niagara Falls
Our.File No. T.03
Regional-staff Have been notified that a wooden deck has been constructed on the south-
east corner a~'~tegiorial Road 20 (Ferry Street) and Main Street. Upon investigation, it
was., found that the deck'ericroaches into the Regional right-of--way. This construction of
the d. eak ryas tandertaken without notice or permission being granted by the Region, and
j~s,in contravention of our Encumbrance By-law No. 1907-78 being a by-law to Prohibit
the Ohstructiori~ Encumbering, or Injury of Fouling of Regional Roads.
Bused on the Region's findings the deck must be removed immediately,. to at least the
portion behind the property line. Failure to comply with this, will resuh in action by the
Region to remove that said portion of the deck within our jurisdiction, at your expense.
This. orderis concurrent with the City of Niagara Falls' order to comply, which is in
addition but se~arafe from ours.
If `yesu have ariy concerns regarding this order, please contact the undersigned.
fours truly
IH
~: J. Zeoli : `
Permits, Municipal Law Enforcement Officer
JJZ:gph tL;UranSportationservices\gph5zeoli~starypauq
cc. J. Castrilli, City of Niagara Falls
J. Cousins
W. Moffat
P. Vujic
Building Community. Building Lives.
From: Ken Beaman
To: Dean Iolfida
Date: .5/1/2009 8:01 AM
Subject: Buttery Street Error
CC: Ken Burden
Dean: As we discussed yesterday, Ken Burden has noticed that I made an error in the Buttery Street report. I understand that you
will be sending a note to council in your regular course and that you will include a correction in that communication. Thank you for
your timely assistance.
Please delete the words "per acre" from the second line of the second paragraph of the report. The Mach 23, 2009 offer was
$700,000.00 in total.
My apologies for the error.
Ken
__~-'~`
Niagara,Falls
PROCLAMATION
WHEREAS energy conservation is the cornerstone of Ontario's future electricity supply plan;
and
WHEREAS by making small changes to our everyday lives, we can ensure that Ontario is able to
reach its long-term energy conservation goals while continuing to grow; and
WHEREAS to keep our electricity system healthy, Ontarians will need to reduce the province's
peak demands by 6,300 megawatts by 2025 -that is the equivalent to taking one in five
electricity consumers off the electricity system; and
WHEREAS at a time when environmental concerns have risen to an anxious peak, conservation
offers many positive benefits -including the creation of local employment and reductions in local
expense and
WHEREAS all Ontarians can be part of the solufion; and
WHEREAS we can get all Ontarians to THINK about their use of an invisible but essential
resource, to BELIEVE they can make a difference through conservation and ACT; and
WHEREAS by working together we can create the culture of conservation Ontario needs to reach
its short and long term goals for saving energy; and
WHEREAS Energy Conservation Week is about the power of collective action; and
WHEREAS Energy Conservation Week will focus on what we can do at home and in the
workplace to reduce energy consumption.
THEREFORE BE IT RESOLVED THAT on behalf of the Members of Council for the
Corporation of the City of Niagara Falls, that I, Mayor Ted Salci do hereby proclaim May 17 to
23, 2009 as Ontario's "Second Energy Conservation Week" in the City of Niagara Falls.
Dated at the City of Niagara Falls
this 4'" day of April, 2009
Ted Salci
Mayor
Niagara Regional Police Service
68 Church St., St. Catharines, Ontario, Can~ii~'~~~~~~~~`~~i-s1'4`'~~~ ~'`~`
Tel. (905) 688-4111 Fax. (905) 685-5081
www.nrps.com nrpsC~?nrps.com
Chief of Police Wendy E. Southall
April 1,-2009
Mr. Dean Iorfida
City Clerk-
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Iorfida,
Thank you for your attendance and participation in the Nuisance and Graffiti Meeting on
March 26u`, 2009. Subsequent to our discussion following the meeting relating to the By-
law to Prohibit and Regulate Public Nuisances within the City of Niagara Falls, I am
requesting that you facilitate an amendment to the bylaw itself as well as to-the Proposed
Set Fine Schedule, to include the following:
• No person shall mark or apply graffiti on any public space, including
signs, or on private property.
• No person shall leave, throw or deposit any bottles, glass or other
materials on public or private property.
The Proposed Set Fine for these two infractions was agreed to be-three hundred dollars.
Thank you again for your assistance arid please do not hesitato to_ contact me if I can be of
any further assistance in this matter.
Sincerely,
Scott Kenney, ~~
Eastern Region Superintendent
Niagara Regional Police Service
4343 Morrison Street
Niagara Falls, ON
L2E 6Z9
TPl` 4Q5-b88-4111 ext o2't1
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May 4, 2009
Niagara~alls
CANADA
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2009-35
Niagara Falls Museum Project
(Lundy's Lane)
RECOMMENDATION:
M W-200935
That the firm Genivar be awarded the Project Management assignment for the
construction of the Niagara Falls Museum.
2. That the Mayor and City Clerk be authorized to execute this agreement.
BACKGROUND:
City staff issued a Request for Proposals (RFP) for the selection of a Project and Program
Management Consultant for the construction of the Niagara Falls Museum. As a result of
the public call for the submission of RFP's for the project, seven firms submitted proposals
by the Wednesday, April 15, 2009 closing date. A committee made up of members of City
staff and a representative of the Niagara Falls Museum reviewed the proposals. As a result
of the proposals and check of the references provided the Committee selected Genivar as
the preferred proponent for the Project Management assignment.
The fees for the assignment are $275,000 plus disbursements to carry out the Project
Management work. The funding for the assignment will be provided from the funds
provided by the Federal/Provincial governments through the Build Canada Fund and the
City.
Next Steos
With the selection of the Project Management Firm complete the next step is the selection
of the architect to carry out the project design. An RFP has been issued by the City and
closed on Tuesday, April 28, 2009. A report on the preferred architect will be presented to
Council on May 25, 2009 for approval. Genivar will be assisting City staff in the selection
of the preferred architect -,;°
Working Together to Serve Our Commuuity Community Services Department
Municipal Works
May 4, 2009 - 2 - IVIW-200935
t
Approved by:
Approved by:
Ed Dujlovic,`Executive Director of
Executive Director of Corporate Services
S:\REPORTS120091MW-2009-35 -Niagara Falls Museum Project (Lundy's Lane).wpd
The City of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS HumanResources and Skills Development Canada (HRSDC) has announced the Enabling
Accessibility Fund, a $45-million, three-year commitment to expand opportunities for people with
disabilities and improve accessibility across Canada; and
WHEREAS municipalities with populations less than 250,000 can apply for up to $50,000.00 for
public projects that improve accessibility through building renovations, transportation and access to
information and communications; and
WHEREAS due to the age of the building, Niagara Falls City Hall could ideally use a number of
accessibility improvements, including lowered counters, automatic door openers, improved washroom
stall grab bars, amongst other barrier-free features; and
WHEREAS the Mayor'sDisabilityAdvisoryCommittee has, over the years, identified various barrier-
free deficiencies in City Hall; and
WHEREAS the deadline for submissions to HRSDC is May 8, 2009.
THEREFORE BE IT RESOLVED that Niagara Falls City Council supports a submission to the
Enabling Accessibility Fund to improve barrier-free accessibility at City Hall.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY. CLERK MAYOR