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COUNCIL
MEETING
Monday, Apri112, 2010
Order of Business
and Agenda Package
COUNCIL MEETING
April 12, 2010
PRAYER: Councillor Pietrangelo
ADOPTION OF MINUTES: Council Minutes of March 22nd, 2010
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
*****
DEPUTATIONS/PRESENTATIONS
Multiple Sclerosis Society of Canada
Phil Van Zuilen, volunteerwith the MS Walk would like to address Council regarding
the annual fundraiser. The MS Walk is being held in Chippawa on April 18t", 2010.
Canadian Blood Services
Janet Piersma, Regional Manager Donor Services, Chantel Chassion, Blood
Receipeint and Volunteer and City Employee, Bill Matson will update Council on the
Partners for Life program.
Wellspring FIOPE Fund
Ann Mantini, Executive Director of Wellspring Niagara, Liz Palmieri, Niagara
Community Foundation and Alex Herlovitch will make a brief presentation to Council and
show a brief video.
2010 Power Pledge
Sue Forcier, Niagara Peninsula Energy Inc., will outline to Council the NPEI's various
conservation programs and the 2010 Power Pledge Initiative.
*****
-2-
PLANNING MATTERS
Public Meeting
AM-2009-023, Official Plan & Zoning By-law Amendment
Application -Various Properties Located Around the Queen Elizabeth Way/McLeod Road
Interchange
Applicant: City of Niagara Falls
Proposed Official Plan Policy to Allow the Passing of a Holding Zone
Background Material:
Recommendation Report: PD-2010-33
-AND -
Correspondence from Jim McKinlay, McDonalds Restaurants of Canada Limited
*****
Public Meeting
26GD-11-2010-01, Draft Plan of Vacant Land Condominium
8891 and 8931 Forestview Boulevard
Owner: Windylane Development Inc.
Background Material:
Recommendation Report: PD-2010-28
*****
MAYOR'S REPORTS. ANNOUNCEMENTS
*****
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Coaches Association of Ontario -Request that the week of April 17-26, 2010 be
proclaimed as "Ontario Coaches Week" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
2. Trillium Gift of Life Network -Request that the week of April 18-25, 2010 be
proclaimed as "Organ and Tissue Donor Awareness Week" in the City of Niagara
Falls.
RECOMMENDATION: For the Approval of Council
3. Niagara Region - Requestion that the week of May 16-22, 2010 be recognized as
"National Public Works Week" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
-3-
4. Niagara Region -Correspondence regarding the Federal Government's New
Horizon for Seniors program.
RECOMMENDATION: For the Information of Council.
5. Redboss Pyrotechnics -Correspondence requesting fireworks displays at Glenview
Park for the Great Wolf Lodge visitors for a variety of dates.
RECOMMENDATION: For the Approval of Council.
6. Celebrate Old Downtown -Various requests related to the annual festival.
RECOMMENDATION: For the Consideration of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
*****
REPORTS
Appointment Matters
1. Chief Administrative Officer CD-2010-03 - Filing of Vacancies on the
Municipal Heritage Committee.
*****
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Councillor Pietrangelo, Chair)
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Councillor loannoni, Chair)
**~**
-4-
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-2010-19 -Annual Statement of Remuneration and Expenses.
L-2010-05 -Release of Development Agreement Parts 1, 2 & 3 on Reference Plan 59R-
13311, Stanley Avenue Industrial Lands (Former Treibacher Site).
L-2010-06 -Release of Easement Parts 81-88, Plan 59R-13264 Deerfield Estates.
MW-2010-13 -Assumption of Various Subdivisions.
MW-2010-14 -Restructuring of Roles Within the DWQMS
MW-2010-16 - Tender T02-2010 Primary and Secondary Contractors for the Supply Service
and Repair of Sanitary Sewermain, Laterals, Watermains and Water Service.
MW-2010-18 - RFT # TR08-2010 For the Supply and Installation of a Stormwater Drainage
System at the Patrick Cummings Memorial Sports Complex
PD-2010-27 - SWC-2009-006, Paris Crepe Bistro Sidewalk Cafe Licence Agreement with
the City, 4613 Queen Street.
TS-2010-24 -Tender for Supply of Materials and Services for Pavement Markings.
Contract T2010-10 - On-street small machine, Contract T2010-12 On-street Application
Truck Mounted).
TS-2010-25 -Tender for Supply of Materials and Services for Pavement Markings -
Contract T2010-11 (Parking Lots and City Owned Lands)
***~,~
-5-
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-laws listed
for Council consideration.
2010-48 A by-law to authorize an Application General to amend the register to release a
Development Agreement registered as Instrument Number SN210562 over Parts
1, 2 & 3 on Reference Plan 59R-13311.
2010-49 A by-law to authorize an Application General to amend the register to release
easements registered as Instrument Number SN144492 over Parts 81-88
inclusive, on Reference Plan 59R-13264.
2010-50 A by-law to authorize the execution of a Sidewalk Cafe Licence Agreement with
Andree Mireille Demorge Clement c.o.b. as Paris Crepes Bistro, and 4613 Queen
Street Ltd., respecting the licencing of a Sidewalk Cafe over a portion of City
sidewalk in front of Paris Crepes Bistro located at 4613 Queen Street.
2010-51 A by-law to establish Part of Lots 178 and 187 Stamford designated as Parts 1
and 2 on Plan 59R-14122 and Part of Lot 187 Stamford designated as Part 3 on
Plan 59R-14122 as a public highway, to be known as and to form part of Oakwood
Drive.
2010-52 A by-law to authorize the execution of a Concession Licence Agreement with the
Greater Niagara Baseball Association respecting concession privileges at M. F.
Ker Park located at 3420 Sinnicks Avenue, Niagara Falls.
2010-53 A By-law to amend By-law No. 2007-161, being a by-law to regulate the supply of
water and to provide for the maintenance and management of the waterworks and
for the imposition and collection of water rates.
2010-54 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held
on the 12'" day of April, 2010.
*****
NEW BUSINESS
~__ - -
(3/29/2010) Dean lorfida -City Council Meeting, April 12 201 U -Speaker Request Page_ 1, _~
From: "Andrea Davidson" <Andrea.Davidson@mssociety.ca>
To: <diorfida@niagarafalls.ca>
Date: 3/26/2010 9:57 AM
Subject: City Council Meeting, April 12, 2010 -Speaker Request
Dear Sir,
I am writing to request that my colleague, Phil Van Zuilen, have the
honour of speaking at the next council meeting on April 12th 2010.
Phil is a volunteer with the MS Walk in Niagara Falls, and has been for
many years. He spoke at a council meeting last year and would love to
address the city again in regard to Multiple Sclerosis and the Walk -
ourlargest national fundraising campaign, which raises money for
services and research for those living with MS. The MS Walk is a
community-based, family and friends oriented event in which people raise
pledges, Walk and enjoy a great day of fitness, food and fun. In 2009,
over 28,000 Walkers in 62 communities united to raise over $6.5 million
for multiple sclerosis research and services.
Multiple sclerosis is a complex disease. While it is most often
diagnosed in young adults, aged 15 to 40, we know that it affects
children, some as young as two years old. The impact is felt by family,
friends and by the community. MS is unpredictable, affecting vision,
hearing, memory, balance and mobility. Its effects are physical,
emotional, financial, and last a lifetime. There is no cure.
Facts about Multiple Sclerosis:
" Canadians have one of the highest rates of multiple sclerosis in
the world.
MS is the most common neurological disease affecting young
adults in Canada.
Every day, three more people in Canada are diagnosed with MS.
Women are more than three times as likely to develop MS as men
MS can cause loss of balance, impaired speech, extreme fatigue,
double vision and paralysis.
MS was first identified and described by a French neurologist,
Dr. Jean-Martin Charcot, in 1868.
We don't know what causes MS but researchers are closer to
finding the answer.
Our event takes place on April 18th @ gam at the Chippawa Lion's Club.
We would love to recruit more people to this event, as it is fun and
ultimately, it is for a great cause. We look forward to speaking to
council regarding the 2010 Niagara Falls MS Walk.
Thank you for helping us end MSI
Kindly,
Andrea Davidson
_: - .~ --
((3/29/2010),Dean lorfida City Council Meeting, Apnl 12, 2010 -Speaker Request ~ Page 2
Andrea Davidson ~ Coordinator, Fundraising Events and Corporate and
Community Development Coordinator ~ ON Division
MS Society of Canada ~ 175 Bloor Street East ~ Suite 700, North
Tower ~ Toronto, ON M4W 3R8
P: (416) 922-6600 or 1-800-268-7582 (ext. 3117) F: (647) 435-4691
E: andrea.davidson@mssociety.ca
<http://www, mssociety. ca/en/events/scwalk/default. htm>
http://www.msreadathon.com/ http://www.endms.ca/
-- -- - - ~_
~,~ (3/29%2010) Dean Vorfida Fwd Apnl 12th Canadian Blood Services Deputation ~~ '~ ~~ ~ Page 1
from: Bill Matson
'Go: Dean Iorfida; Teresa Fabbro
~C: Cathy Crabber marcia.young@blood.ca
®ate: 3/25/2010 4:40 PM
Subject: Fwd: April 12th Canadian Blood Services Deputation
Dean,
Below is a list of who will be in attendance for the Deputation at the Council meeting of April 12th.
The Staff at Canadian Blood Services will be present to talk about the involvement of City employee's in
the Partner's For Life program, update Council on our successes and, through the personal testimony of
Chantel Chassion, encourage anyone in attendance or viewing at home, to consider joining the program
or simply making a blood donation.
I will also be speaking briefly about my role with the program.
BiII
»> <marciayouungC~blood.ca> 3/25/2010 11:23 AM »>
Hello Bill,
Here is the information about those of us who will be attending the Council meeting on April 12:
Janet Piersma -Regional Manager Donor Services, Southern Ontario, Canadian Blood Services
Chantel Chassion -Blood Recipient and Volunteer, Canadian Blood Services
Marcia Young -Community Development Coordinator, Canadian Blood Services
Only Janet and Chantel will be speaking, and f believe Janet will be speaking first and can introduce
Chantel.
Let me know if you need any more information from me.
Marcia Young
Community Development Coordinator,
Canadian Blood Services
395-397 Ontario Street, St. Catharines ON L2N 7N6
Phone; 905-646-4377
Fax: 905-646-2203
Cell: 289-213-5324
--
(3/30%2010) Teresa Fabbro - Re: Canadian Blood Services Page 11
From: Dean Iorfida
To: Bill Matson
CC: Teresa Fabbro
Date: 3/1/2010 11:39 AM
Subject: Re: Canadian Blood Services
Sounds good to me.
- »> Bill Matson 3/1/2010 11:38 AM »>
Dean,
I met with Marcia Young, a representative from Canadian Blood Services, last week to talk about the City's Partner's for Life blood
donation program and about other initiatives that City staff may be able to get involved in, During that conversation Marcia
mentioned about perhaps coming to Council to announce how City Staff have been meeting and exceeding our yearly donation
goals since starting the program and to briefly encourage others to donate as well.
It was thought that a deputation at the April 12th meeting would fit their time table and strategies the best, If this would be ok I
will get more information from Marcia before the end of the month.
Bill
.. __-
~..~
(2/16/2010) Dean lorfida Self Promofion ~ ~ `" - T
_..
Page 1
From: Alex Herlovitch
~o: Dean Iorfida
®ate: 2/16/2010 2:26 PM
Subject: Self Promotion
Dean
I will again be running for Wellspring as a community fund raising effort. To build awareness to show
community donations count for something, I would like to arrange a presentation before Council where
Liz Palmieri (Niagara Community Foundation) would present a cheque Ann Mantini (Wellspring) as the
first "flow through" from the endowment funds raised last year and vested in the Wellspring HOPE Fund.
Would April 12 Council work? If so, I would put the wheels of motion in place and could send you a letter
as I did last year.
Thanks for any direction advice you can give me.
Alex
b
Niagara
A Lifeline to Cancer Support
March 29, 2010
Mayor Ted Salci and Council Members
RE: Wellspring HOPE Fund
A year ago City Council supported my plan to establish an endowment fund, to be held in
perpetuity by the Niagara Community Foundation, to be called the Wellspring HOPE Fund. The
Fund is designed to provide revenue to assist Wellspring Niagara with its ongoing programs. On,
Monday, April 12, 2010, Ann Mantini, Executive Director of Wellspring Niagara, Liz Palmieri,
Executive Director of Niagara Community Foundation and I would like to report on our success to
date.
Wellspring Niagara is anon-profit community based cancer support organization which provides
programs and services to cancer patients and their families. A short video clip of Wellspring's
services will be shown. Wellspring offers counseling, peer support, coping skills and strategies,
discussion groups, yoga programs to allow those dealing with cancer to live well before, during and
after treatment.
The Niagara Community Foundation is anon-profit body which manages and builds permanently
endowed charitable funds to meet the changing needs of the community by working with donors to
meet philanthropic goals, making grants, and providing leadership that contributes to the health and
vitality of the community.
I am indebted to the Niagara Falls business community, my co-workers and many other individuals
who backed my running efforts to create Wellspring HOPE Endowment Fund. On April 12, the
Niagara Community Foundation will present the first cheque to Wellspring to assist with programs.
This year I have committed to run 12 races (1 per month) for the entire year and will be seeking
pledges from the community to help grow this fund which will continue to give back to the
community. I have attached a schedule of my race commitments. For those following my goal to run
a marathon on every continent, the next will be the Marrakesh Marathon in Morocco (Africa).
This is really a community gift which gives back to the community.
Sincerely
~~--
Alex Herlovitch
NIAGARA ~"
COMMUNITY FOUNDATION
_-___
12 Races
1 Cause
.`~+'..
-.
Alex Herlovitch has committed to run a race per month in 2010 with the goal of raising $8,000
for Wellspring Cancer Support Centre HOPE fund.
All donations are vested with the Niagara Community Foundation which provides Wellspring
with annual payment to support ongoing programming for cancer patients and their families.
Wellspring provides emotional support, coping strategies and counseling free of charge.
January -New Year's Day 3 Mile Challenge -COMPLETED!
February - Lockport Y 10 Miler -COMPLETED?
March -Shamrock Run 5 Mile Race -COMPLETED!
April -Head for the Hills 1.0 k Race
May -Grand Island GBTC Half Marathon 21.1 km
optional -Buffalo Marathon 42.2 km
June - 12 Mile Creek Half Marathon 21.1 km
July -Empire Games 10 k Race
August -Track Niagara Chicken Run 10 k Race
September -Toronto Waterfront Half Marathon 21.1 km
October -Niagara Falls International Half Marathon 21.1 km
November -Casablanca Classic 8 km Race
December -Hamilton Harriers Boxing Day 10 Mile Race
January 2011 -Marrakesh Marathon 42.2 km
Show your support through a tax deductible charitable contribution. Make cheques payable to
Niagara Community Foundation (reference Wellspring on the front of the cheque)
17 Queen Street, 3rd Floor, St. Catharines, ON, L2R SGS
4~e/2010 Dean lorfida De utation at Council ~ ~`"~ `~` `~~ ~ ~- ~ --
~~~__~ ~ ._~~__~ ., ..~._ .: W__ p ~.._.. m ~..._.. ~~ Page ~
From: "Sue Forcier" <sue.forcier@npei.ca>
To: "Dean lorfida" <diorfida@niagarafalls.ca>
CC: "Teresa Fabbro" <tfabbro@niagarafalls.ca>
Date: 4/1/2010 10:58 AM
Subject: Deputation at Council
Hi Dean:
Hope your vacation was a good one. I have been asked to come to council
on April 12 to speak about some of NPEI Conservation Programs for the
residents of Niagara Falls and introducing the 2010 POWER PLEDGE whereby
the Municipality and their Hydro company work together in generating a
culture of conservation. This pledge replaces Energy Conservation Week
that happenned last year.
Winner of the municipality will be announced at the AMO Conference in
Windsor.
Kind Regards,
Sue Forcier
Manager of Marketing, Communications & Public Affairs
Niagara Peninsula Energy Inc.
Tel: 905-356-2681 ext. 6001
Fax: 905-356-0118
E-Mail:sue.forcier@npei.ca
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Niagara,Falls
CAliA UA
REPORT TO: His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falis, Ontario
SUBMITTE® BY: Planning & Development
P®-2010-33
April 12, 2010
SUBJECT: P®-2010-33
AM-2009-023, Official Plan and Zoning By-law Amendment
Application
Various Properties Located Around the Queen Elizabeth Way/
McLeod Roar! Interchange
Applicant: City of Niagara Falls
Proposed Official Plan Policy to Allow the Passing off a
Holding Zone
RECOMMEN®ATION
That Council approve the Official Plan and Zoning By-IawAmendment application to allow
the adoption of policies and the passing of zoning on the subject lands that will place a
holding (H) symbol for a period of 10 years or until the owner of the lands enter into an
agreement to contribute to improvements to the Q.E.W./McLeod Road interchange.
EXECUTIVE SUMMARY
• A numberof new commercial developments are proposed nearthe Q.E.W./McLeod
Road Interchange.
• Improvements to this interchange are necessary to accommodate the expected
traffic from these new developments.
• A number of developers wishing to proceed with their developments have entered
into a cost sharing agreement and have contributed the necessary funds for the
interchange improvements.
The proposed hold (H) symbol, to be applied to other benefiting lands until the
respective owners have entered into the above noted agreement, will ensure
contributions to the improvements are made in a fair and equitable manner.
BACICGROUN®
Proposal
The City initiated amendments are .proposed for various properties around the
Q.E.W./McLeod Road Interchange as shown on Schedule 1. A significant amount of
April 12, 2010 - 2 - PD-2010-33
commercial development is expected around this interchange in the near future, including
a new Walmart on Oakwood Drive (Smart Centres), a Loews on the north side of McLeod
Road (Villarboit) and a new Canadian Tire (south side of McLeod Road west of Montrose
Road). Studies conducted by the Region of Niagara have identified a number of
improvements that are necessary to the McLeod Road/Queen Elizabeth Way interchange
to accommodate the additional traffic that will be generated by these future commercial
developments as well as others on surrounding lands. All commercial developments are
expected to finance the necessary improvements to the interchange. The owners of the
subject lands as shown on Schedule 1 and described in Appendix 1 have not made
financial contributions to the road improvements to date.
The subject properties are designated Major Commercial and Tourist Commercial and are
zoned Planned Shopping Centre Commercial (SC-773 and SC-701), General Commercial
(GC20 and GC-59) and Tourist Commercial (TC and TC 276). The amendments are to
add site specific policies (a Special Policy Area Designation) to the Official Plan that will
permit holding (H) symbols to be added to the zoning of the subject properties.
The holding (H) symbol is proposed to be in effect for ten (10) years. The holding symbol
will only be lifted from the lands after the landowner has provided their proportionate share
of the road improvements that have already been committed by several other commercial
developers in the area.
Site Cond'otions and Surrounding Land Uses
The majority subject lands are developed with a wide range of commercial uses, including
Niagara Square, a hotel, a fast food outlet and gasoline stations and automotive uses. The
balance of the lands are vacant or occupied by Niagara Falls Hydro and the MacBain
Centre.
Circuiation Comments
Information regarding the proposed Official Plan and Zoning By-law Amendments were
circulated to City divisions, the Region, agencies and the public for comment. The
following summarizes the comments received to date:
Regional Municipality of Niagara
No objections from a Provincial or Regional perspective. Requiring
landowners to contribute to the cost of road improvements that result from
development proposals is consistent with the Transportation Policies in the
Regional Policy Plan.
Transportation Services
No objections. Infrastructure improvements to the Q.E.W./McLeod Road
interchange are necessary to accommodate the additional traffic that will be
generated by surrounding commercial developments.
Fire Services, Municipal Works
No objections.
April 12, 2010 - 3 -
Landowner Comments
PD-2010-33
One letter of objection was received from McDonald's (owner of land at the
south-west corner of McLeod Road and Oakwood Drive) and is on tonight's
agenda for Council's consideration.
Neighboa~rhood Open House
A Neighbourhood Open House was held on January 18, 2010. The meeting was attended
by Mr. Rudan, owner of the vacant lands at north-west corner of McLeod road and
Oakwood Drive, and the owner of the Royal Auto Collision property at 7361 Pin Oak Drive.
The proposed amendments were presented to the attendees. No specific objections were
received.
ANALYSIS
Cost Sharing Agreement
The Ontario Ministry of Transportation (MTO) has jurisdiction over the Q.E.W./McLeod
Road interchange. Under the Public Transportation and Highway Improvements Act a
permit from MTO is required to erect any building within 395 metres (1300 feet) of this
interchange. The permit area can be extended to an 800 metre (2625 foot) radius from this
interchange for significant traffic generators (ie. shopping centres). The MTO has indicated
that no Land Use Permits (necessary to authorize City Building Permits) will be issued for
developments in the vicinity of this interchange until financial arrangements forthe upgrade
of this interchange are secured.
In order to address these financial arrangements, a consortium of commercial landowners
around this interchange have entered into a cost sharing agreement and will contribute
$3,800,000.00 to improving this interchange. The Region, the City and MTO will provide
the remaining funds necessary to construct the improvements. The consortium consists
of the following landowners:
Oakwood Place Shopping Centre Inc. (Smart Centres), 7481 Oakwood Drive
Canadian Tire Real Estate Limited, 7449 Montrose Road
McLeod Square Inc., 7959 McLeod Road
Cookshire Developments Inc. 7687 McLeod Road
Hamburg Honda Corporation, 7251 Montrose Road and 7726 McLeod Road
Scott Group of Companies Inc., 6868 Kinsmen Court
Pinewood Homes (Tara) Ltd., 7311 Pin Oak Drive
These landowners control most of the vacant land that can be developed in this area.
Commercial properties that are not yet part of this agreement are identified on Schedule
1. Although some of these lands are fully developed and have limited development
potential, other parcels are vacant or partially developed and could be developed and will
contribute to increased traffic at this interchange. To address this, the agreement contains
a formula in which owners that are not yet part of this agreement will contribute their
portion of the total cost. This agreement is intended to provide a fair and equitable
distribution of costs to all benefiting landowners. Once landowners have entered into the
agreement and paid their share they will be able to obtain the necessary permits from MTO
and be allowed to build their projects.
April 12, 2010 - 4 - PD-2010-33
Official Plan
The Planning Act allows a municipality to apply a holding (H) symbol that will prohibit the
use of land until certain conditions have been met. In order to use a H symbol the
municipality's Official Plan must contain policies defining the conditions where a H symbol
can be used. Currently the City can place a H symbol on lands to provide for orderly
development, to phase development in accordance with the provision of servicing
infrastructure and to provide for further study of lands in order to establish design criteria
for. development.
To allow the proposed H symbol to be applied to the subject lands policies are required to
be added to the Official Plan, as shown in Appendix 1. The proposed policies will allow
Council to impose an H symbol until the landowner has entered into the development (cost
sharing) agreement discussed above to provide the proportionate contributions to the
Q.E.W./McLeod Road interchange improvements.
Zoning By-law
A site specific zoning by-law that would implement the H symbol is proposed to be applied
to the lands shown on Schedule 1 in accordance with the above noted Official Plan policy.
The H symbol would remain on the lands for a period of 10 years. If a landowner enters
into the cost sharing agreement the H symbol will be lifted off the specific parcel of land.
The proposed H symbol will not interfere with the current use of the subject lands. The H
symbol will only need to be lifted where a specific parcel is proposed to be developed or
where existing buildings are proposed to be expanded significantly.
CITY'S STRATEGIC COMMITMENT
The H symbol will secure contributions to necessary road infrastructure improvements.
This H symbol will also facilitate economic development by allowing MTO permits to be
released for new developments.
FINANCIAL IMPLICATIONS
The related development (cost sharing) agreement provides funding for road infrastructure
improvements from benefiting landowners. By securing this funding municipal costs for
these improvements will be limited.
LIST OF ATTACHMENTS
- Schedule 1 -Location Map
- Appendix 1 -Draft Official Plan Amendment
Recommended by: _ ~i ~~,~1-~(' 1~c,Q
Alex Herlovitch, Director of Planning & Development
Respectfully submitted: ~ `~~'-'~ r- `~ -
K n Todd, Chief Administrative Officer
A. Bryce: mb
Attach.
S:\PDR\2010\PD-2010-33, AM-2009-023, Proposed OP Policy to allow Holding Zone .wpd
April 12, 2010 - 5 - PD-2010-33
SCHEDULE 1
LOCATION MAP°
Subject Land
Location: Various Properties around the QEW/McLoed Road lntesection
Applicant: City of Niagara Falls
x:WLS Reque~su~,tes~zwdngn~yv~.Z3~nmPW~9•men
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AM-2009-023
X2009
A>rnencling Zoning By-law No. 79-200
April 12, 2010 - 6 - PD-2010-33
APPEND6X 1
PA9~T 2 ~ BO®V OF THE AMEN®MENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting
of the following text, constitute Amendment No. to the Official Plan of the City of
Niagara Falls.
®ETAILS OF THE AMEN®MENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
MAP CHANGE
The "Area Affected by this Amendment" shown on the map attached hereto, entitled
"Map 1 to Official Plan No. "shat{ be identified as Special Policy Area " " on
Schedule "A" to the Official Plan.
2. TEXT CHANGE
PART 2, SECTION 14 -SPECIAL POLICY AREAS is hereby amended by adding the
following new subsection:
14. SPECIAL POLICY AREA "
Special Policy Area "_"applies to approximately 40 hectares of land located
on the north side of McLeod Road between Montrose Road and Oakwood
Drive and on the south side of McLeod Road from west of Pin Oak Drive to
Oakwood Drive. The land is designated Major Commercial, in part, Minor
Commercial, in part, and Tourist Commercial, in part, on Schedule "A" to the
Official Plan. Studies initiated bythe Region of Niagara identify required road
improvements to the Queen Elizabeth Way interchange at McLeod Road
which are necessary to accommodate future commercial growth in this area.
{n addition to the policies contained in Part 4, Sections 4.2.1.1 through to
4.2.1.6 of the Official Plan, Council may apply holding provisions to the lands
to ensure the appropriate funds are provided for these road improvements.
The removal of the holding provision is conditional on the landowner entering
into the appropriate development agreement to provide proportionate
contributions to the above noted road improvements. The zoning by-law
implementing the holding provision will remain in effect for a period of 10
years after its passage.
April 12, 2010 - 7 - PD-2010-33
MAP 1 TO AMENDMENT NO. _
SCHEDULE - A - TO THE OFFICIAL PLAN
Area Ai~ected by this Amendment
Proposed Change From: Major Commercial, Minor Commercial, Tourist Commercial and Residential
Proposed Change To: Major Commercial, Minor Commercial, Tourist Commercial, Residential
and Special Policy Area "_"
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Niagara,~'a~'Is
CANADA
REP®RT T®: His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
SI~BM@TTE® BX: Planning & Development
P®-2010-28
AQ~ril 12, 2010
SIDB.DECT: P®-2010-28
26CD-11-2010-01, ®raft Plan of Vacant Land Condor~ini~uc~a
8891 and 8931 i=orestview BouBevard
®wner: Windylane ®evelopment inc.
Proposal: 107 Vacant Land lDnits for Townt~oaase ®wel6ings
REC®MMEN®ATI®IV
That the Plan of Vacant Land Condominium be draft approved subject to the
conditions in Appendix 1.
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.
EXECV.DT9VE SUMMARX
The Draft Plan of Vacant Land Condominium will allow the subject land to be divided into
107 vacant land units for separate ownership. The lands are already zoned to allow
townhouse dwelling units to be built on the land. The recommended conditions of approval
listed in Appendix 1 will ensure City and agency requirements are met with respect to the
division and development of the land.
BACKGR®UN®
Proposal
The applicant proposes to register a Vacant Land Condominium over the 2.9 hectare (7.2
acre) site to create 107 vacant land units (lots) for the future construction of 107 townhouse
dwelling units. The land is located on the north side of Forestview Boulevard, just east of
Garner Road (see Schedule 1). Schedule 2 illustrates the layout of the proposed plan. The
April 12, 2010 - 2 - PD-2010-28
plan of condominium subdivision will permit the individual ownership of each unit of land.
Access to each unit will be via a private driveway off Forestview Boulevard. The private
driveway, visitor parking and some landscaped areas will be shared by the condominium
corporation.
The condominium is proposed over two blocks of land in the Edgewood Estates Plan of
Subdivision (59M-366) that was registered in February, 2008. In addition to the subject
blocks, the subdivision provides 241 lots for single detached dwellings as well as blocks
for parkland and lands to be protected from development.
The subject land is zoned Residential Low Density, Grouped Multiple Dwellings (R4-779)
in accordance with Zoning By-law No. 79-200, as amended by Zoning By-law No. 2007-90
(approved April 30,2007, File AM-25/2006). This zoning permits the proposed townhouse
dwelling units on the land subject to site specific development standards.
Surroa~ncling Lanc9 Uses
The property is bounded by single detached lots to the east and south that are in the
process of being developed, vacant land to the north and a stormwater pond to the west.
ANALYSIS
Planning Process
The development has proceeded through previous planning approvals and consultation
with the public, including a public meeting, through azoning by-law amendment application
and a plan of subdivision application. The lands are zoned to permit the proposed
townhouses. The vacant land condominium process divides the property into "units" of
land which are sold much like lots or blocks in a typical plan of subdivision. Although the
applicant submitted but did not complete a site plan application process (file No. SPC-
2008-018), the vacant land condominium process eliminates the need for site plan
approval. The Planning Act requires a public meeting for vacant land condominium
applications which is satisfied by tonight's meeting.
Conditions of Approval
There are matters to be addressed in through the condominium application, including
approval fo the plans for servicing, grading/drainage, access, lighting and fencing. Most
of these plans were submitted as part of the previous site plan application. The
designation of a fire access route through the development is required. To ensure building
setbacks and landscaping/berming conform to zoning standards, a condition with respect
to these standards has been added. The Region has requested conditions be added with
respect to servicing allocation and waste collection. Canada Post and Bell Canada have
requested typical conditions for approval.
FINANCIAL IMPLICATI®NS
City development charges for the new residential units will be secured through the
Condominium Agreement.
April 12, 2010 - 3 -
CETV'S STB'2ATEGIC COMM6TMEIVT
PD-2010-28
The proposal provides for development as envisioned by the City's Official Plan, Garner
Secondary Plan and the approved Edgewood Estates Plan of Subdivision. The proposed
condominium adds to the choice of housing options available in the City.
LIST OF ATTAC9iMENTS
1. Appendix 1 -Conditions of Draft Plan of Condominium Approval
2. Schedule 1 -Location Map
3. Schedule 2 -Draft Plan of Condominium
Recommended by: = G
~~~Alex Herlovitch, Director of Planning & Development
Respectfud!iy submitted:
Ken Todd, Chief Administrative Officer
A.Bryce:mb
Attach.
S:\PDR\2010\PD-2010-28, 26CD-11-2010-01,Draft Plan Conominium,8891-8931 Forestview Blvd .wpd
April 12, 2010 - 4 - PD-2010-28
APPEiV®IX 1
ConditlorDS of ®raft Plan of Condornuni~urra~ Approval
1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by
Matthews, Cameron, Heywood -Kerry T. Howe Surveying Ltd., dated September
16, 2009, showing vacant land units for 107 townhouse dwelling units as well as
common element areas for private roadways and landscaping.
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 submit all servicing plans including water, sanitary, stormwater
private driveway, landscaping, lighting and lot grading and drainage to Municipal
Works for approval and inclusion into the Condominium Subdivision Agreement.
5. The developer pay the applicable development charges in place at the time of the
Condominium Subdivision Agreement execution and building permit issuance in
accordance with By-law No. 2009-120, as amended.
6. The developer submit servicing plans indicating driveway dimensions, turning radii
and the location of fire hydrant(s) to the satisfaction of Fire Services.
7. The developer submit a request to Fire Services to designate through municipal by-
law afire access route on the property.
8. That the necessary information, including but not limited to elevation and
landscaping drawings, be submitted to the City's Senior Zoning Administrator to
confirm zoning compliance.
9. Prior to commencing any work within the Plan, the developer must confirm that
sufficient wire-line communication/ telecommunication infrastructure is currently
available within the proposed development to provide
communication/telecommunication service to the proposed development. In the
event that such infrastructure is not available, the developer is hereby advised that
the developer may be required to pay for the connection to and/or extension of the
existing communication/telecommunication infrastructure. If the developer elects
not to pay for such connection to and/or extension of the existing
communication/telecommunication infrastructure, the developer shall be required
to demonstrate to the municipality that sufficient alternative
communication/telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of communication/
telecommunication services for emergency management services (ie. 911
Emergency Services).
April 12, 2010 - 5 - PD-2010-28
10. The developer shall agree in the Agreement, in words satisfactory to Bell Canada,
to grant to Bell Canada any easements that maybe required for telecommunication
services. Easements may be required subject to final servicing decisions. In the
event of any conflict with existing Bell Canada facilities or easements, the developer
shall be responsible for the relocation of such facilities or easements.
11. Bell Canada requires one or more conduits of sufficient size from each unit to the
room(s) in which telecommunication facilities are situated and one or more conduits
from the room(s) in which telecommunication facilities are located to the street line.
12. The developer shall provide a blanket easement to Bell Canada, if required.
13. The developer include in all offers of purchase and sale, a statement that advises
the prospective purchaser:
That the home/business mail delivery will be from a designated Centralized
Mail Box (CMB); and,
That the developer will be responsible for officially notifying the purchasers
of the exact CMB locations prior to the closing of any home sales.
14. The developer satisfy all requirements of Canada Post regarding temporary
Centralized Mail Box locations, engineering servicing drawings, installation and
providing mail service information to property owners.
15. The developers promptly acknowledge that draft approval of this condominium does
not include a commitment of servicing allocation by the Regional Municipality of
Niagara as this servicing allocation will be assigned at the time of final approval of
the condominium for registration purposes.
16. Immediately following notice of draft plan approval, the owners shall provide the
Regional Development Services Division with a written undertaking that all offers
and agreements of purchase and sale, which may be negotiated priorto registration
of this condominium, shall contain a clause clearly indicating that a servicing
allocation for this condominium will not be assigned until the plan is granted final
approval for registration, and a similar clause be inserted in the condominium
agreement between the owners and the City of Niagara Falls.
17. Adequate access for curbside collection of waste be demonstrated.
18. The draft plan conform to Regional Niagara Policy "Collection of Waste by Way of
Entry of Private Property" to the satisfaction of the Regional Public Works
Department.
19. A warning be placed within the Agreement of Purchase and Sale (or Lease) of units
17-19 and 35-39 will receive pick up of waste through use of garbage pads located
at the nearest private road intersection.
April 12, 2010 - 6 - PD-2010-28
20. The developer enter into an Indemnity Agreement with the Regional Municipality of
Niagara prior to any collection taking place.
21. The developer provide five copies of the pre-registration plan for the condominium
to Planning & Development.
Ciearar~ce of C®~diti®ras
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:
Bell Canada for Conditions 9 to 12 (inclusive)
Canada Post for Conditions 13 and 14
Regional Municipality of Niagara for Conditions 15 to 20 (inclusive)
April 12, 2010 - 7 - PD-2010-28
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Mayor Ted Salci
4310 Queen St., P.O Box 1023
Niagara Falls, Ontario L2E 6X5
Dear Mayor Ted Salci,
As you may know, National Volunteer Week is fast ~~approaching and what better way
volunteers than to celebrate the thousands of community coaches in the province. April
the 25th has been designated as Ontario Coaches Week - an initiative launched by
Association of Ontario in 2006 with the support of both the Province of Ontario an
Government.
ONTARIp
C®ACHES
WEEK
to recognize
17 through to
the Coaches
d the Federal
The goal of the week is to help bring quality sport programs to thousands of children by inspiring more
Ontarians to take up coaching as their volunteer activity. Good coaches can positively influence a
child's self-confidence and attitude toward sport and fitness and health as a lifelong pursuit.
During Ontario Coaches Week, over 1,000 men and women will be attending FREE clinics and
workshops across Ontario to develop their skills and learn more about coaching young people and
becoming a better coach. This program was designed to recruit all young and old into coaching -
grandmothers and grandfathers, young people, teachers, and more women. Coaching workshops will
be held in over 30 different communities from Chapleau to Kitchener, Greely to Sarnia.
As we celebrate Ontario Coaches Week, we ask every community to join us in celebrating all of
Ontario's MANY coaches who dedicate hours to help build teams, develop sport skills, and make us
proud as we celebrate athletic accomplishments.
There are a number of ways for your community to get involved:
• PROCLAIM, DECLARE, or DESIGNATE "Coaches Week" in your town or community, in your
clubs, and schools. See sample attached.
• Write an article recognizing the hours and dedication of a role model coach. Call the local
newspaper or radio station and get it published. Let local media know coaches have their own
week in Ontario.
• Nominate a coach for an award by contacting a Provincial Sport Organization and find out about
their award process. Submit a nomination for Ontario's Coach-of-the-Month. Create your own
community coach recognition award.
• Buy your coach breakfast during Ontario Coaches Week or just say "Thanks Coach!"
I hope your community will join us in our efforts. For more information about Ontario Coaches Week or
the Coaches Association of Ontario, please visit us online at www.coachesontario.ca or phone us
directly at (416) 426-7086, toll free 1-888-NCCP-ONT.
Yours in Coaching,
Sheilagh Croxon,
Chair, Coaches Association of Ontario
.Y~~.C~~~ Coaches Association of Qntario
r~~
Lr ®~ta~-o®
3 Concorde Gate, Suite 108, Toronto ON M3C3N7
PROCLAJ~ATION
°'®~~°AR~® C®ACHES V1/EEK°°
Apra 17 - 25, 2010
WHEREAS: Good coaches can positively influence a child's self-confidence and
attitude toward sport, fitness and health as a lifelong pursuit; and
WHEREAS: the goal of the week is to help bring quality sport programs to
thousands of children by inspiring more Ontarians to take up coaching
as their volunteer activity; and
WHEREAS: During the week over 1,000 men and women will be attending free
clinics and workshops across the province to develop their skills and
learn more about coaching young people; and
WHEREAS: April 17-25, 2010 has been designated Ontario Coaches Week, an
initiative launched by the Coaches Association of Ontario in 2006 with
the support of the province of Ontario and the federal government;
THEBZEF®62E: I, Eddie Francis, Mayor of , do hereby proclaim
APRIL 17-25, 2010
ONTARIO COACHES WEEI(
in the City of r and I urge all citizens to participate in
scheduled activities and learn more about making coaching their
volunteer activity. I also urge all civic, social and fraternal
organizations and business establishments give this campaign the
greatest possible support.
Mayor
(4/1/2010) Dean lorfida -Fwd Give thcgift of life in your community / Faites~un don de vie dans votre Communaute Page 1
From: Lee Smith
To: Dean Iorfida
iDate: 4/1/2010 12:27 PM
Subject: Fwd: Give the gift of life in your community / Faites un don de vie dans votre
Communaute
Attachmerots: TGOL_Flag_LR.pdf; Proclamation.pdf
Hi Dean, not sure if you received this but I believe it is a request for proclamation.
.Lee
»> <awarenessweekCa~GiftofLife an ca> 4/1/2010 11:45 AM »>
Le message suit en frangais au dessous
Hello,
Imagine the anxious anticipation of the 1,600 Ontarians who are currently on waiting lists for life-saving
organ and tissue transplants, who must live with the knowledge that only 17% of Ontarians with health
cards are registered donors, despite the fact that more than 80% of the public indicate they support
organ and tissue donation.
To improve their odds, we're declaring April 18 - 25, 2010 National Organ and Tissue Donation Awareness
Week. Your stations can make a big difference and help just by increasing awareness of the need for
registered organ and tissue donors and informing others on how to register consent to donate. By
sharing these simple facts, you're increasing the chance of saving the lives of your neighbours, friends
and loved ones.
Soon, you'll receive a package from us with the Gift of Life flag and a sample letter of proclamation
What you can do:
Fly the Gift of Life flag during National Organ and Tissue Donation Awareness Week
Issue a public proclamation demonstrating your support
Post a proclamation and a message of support on your website
Post a registration button on your website that will lead people to the online registration form
(htt~://tinyurl com/ontgiftoflife)
Host a registration drive
As leaders of the public safety community, your support can make a difference. Please consider
distributing the following message to your employees and stakeholders:
"As representatives of public safety in Ontario, our work makes a difference in the lives of Ontarians each
and every day. With that role comes great pride and responsibility. April 18 - 25, 2010 is National Organ
and Tissue Donation Awareness Week. Please encourage those around you to go to
http://tinyurl.com/antgiftaflife to download and complete the Gift of Life consent form and mail it in to
register their consent to become an organ and tissue donor. By completing this form you can help save a
life."
A copy of the proclamation and a sample of the flag are attached.
' (4/1/201O1~Dean lorfida Proclamation.pdf Page 1
`t'rill~uzti ti3ft c~i L1te. Ne*,urrrte
i,'1.~ t't~iv+.~rstcv %a, ~,~., ;Suite JGn
'Tea~"UAi0. f3tti
~ I'~~ flf L.i ~E tt36tt E ti4~ i
C3t~n ~~ vii Tc+t Mats °s~~~t,
~ t-~ ~ t u ~_~tttro~r
si :~ v ~ i.c.:
Procl amat i on
Organ and Tissue Donor Awareness V1~ek
Apr i I '485, 2010
NHEREAS, a I i fe saving orgatr~i sane donat i pan provi d@housands of rren,
worren, and chi I tlren on waiting I i st s wi t h a secoam t;Cn~~ad
NliEREAS, our soci ettpnfortun~el y I acks widespread knowl edfjethe real
need for organ donat i oaf the I i st ~tftari ans n need otfranspl ants grows
annual I y and
VNiERFAS, the tireless efforts of the Tri I I i tim GN~twcmrf'kitt~r>#ters,
vol unteers and individual donors rind ftdrri I i es can, and do save many I i ves
each year; and
NHEREAS, etlucati on and increased publ i c awarene~z;eOntari an3o make
the i rrport ant , i of orr>~i si on t o donate their oagdh~rt i ssues anldel p
give thgift of life;
THEREFORE, I , XXXtybyor/Reeve of the Ci/tTjown of XXX, do hereby procl ai m
Apri 1485 2010 as Organ and Ti ssue Donor Awareness V1~Ihe City ~~X,
and encourageal I resi dents of the City/Town to~fr~(ster their consent to
donate thei r orgaa~/orti ssues arlrirl p save I i.ves
(4/1/2010) Dean lorfida PIN WEEK (PROCLAMATION) pdf ~ °°
_.~ ~~ -__...~ .._.... Page 1
_-
~~_~
Wiagara'~~~f Region
Building Community, Building Lives.
MEMORANDUM
DATE: March 23, 2010
TO: Area Clerks
FROM: Gary Atack, Co-ordinator of Records and
Information and Project Management
SUBJECT: May 16 - 22, 2010
National Public Works Week
Invitation and Request for Proclamation
Niagara Region, as part of its 40t" Anniversary, and in recognition of National Public Works Week,
will again this year be setting out displays and in#ormation about Public works.
Regional Public Works extends an invitation to your municipality to join us in celebration. We would
welcome a Proclamation from your community in support of this year's theme "Above, Below and All
Around You". A copy of a sample Proclamation is included for your consideration. Also, if your
community has public information and/or interactive displays of equipment that could be profiled or
highlighted we would welcome the chance to possibly include this with our other information and
displays about Public Works.
Niagara Region will feature a variety of interactive displays and information resources from across all
of the Public Works divisions. As this year also marks the Region's 40th Anniversary additional
history and anniversary information will be available. Employees will be staffing displays at the Pen
Centre May 20tt' and 21St with the expectation that residents will come and took at the material and
ask questions about the numerous public works services, Regional infrastructure and how it
supports a healthy, productive, safe and clean environment.
Staff are also offering tours of the Niagara Glenridge Quarry Naturalization site, and our water
treatment facilities. The Public Works division will also be hosting, with other community partners
and services, a "Touch-a~Truck" display in the Zerller's parking lot at the Pen centre on Saturday,
May 22nds from 9 a.m. - 5 p.m. If you have any vehicles or equipmenf that would further enhance
this event we would welcome it. Making this event even more enticing is a community barbecue that
is being supported by M&M Meats and Zehr's. While the food and beverages will be supplied to
shoppers at no charge, voluntary donations will be accepted and all proceeds will go to support the
Region's United Way campaign.
The contact person for Regional Public Works Week is Gary Atack (contact information below).
Thank you.
Yours sincerely, ~_ --
Gary A o-ordinator of Records and
Information and Project Management
e-mail: garv.atacka(~niaaarareaion.ca
Tel.: (905) 685-4225 ext. 3409
Copy to: Public Works Officials
~, .m _-w. _ ~ _ -- ::..
a (4/1/2010) Dean lofida PW WEEK (PROCLAMATION).pdf
_ --,,
~~~~-
Qj ~ E
City of
Office of the Mayor
Pr®c~amat~®~
Whereas, public works services provided in our community are an integral part of
our citizens' everyday lives; and
Whereas, the support of an understanding and informed citizenry is vital to the
efficient operation of public works syst and sold waste collection; and r, sewers,
streets and highways, pubiic buildings,
Whereas, the health, safety and comfort of this community greatly depends on
these facilities and services; and
Whereas, the quality and effectivenes endentsuponlthesefforts land skill of Ipubl cg
design, and construction, is vitally dep
works officials; and ersonne4 who staff
Whereas, the efficiency of the qualified and deditatedipe people's attitude and
public works departmen olrtance ofithe wlork they perform,
understanding of the irnp
Now, therefore, I,
Mayor of the City of
do hereby proclaim the week of .____~-- as
"National Public Works Week" and I call
in The City of
upon all citizens and tour prganizations to acquaint themselves with the issue
ublic works and to recognize the contributions which
roviding to our health, safety, comfort, and quality of
involved in p
pubiic works officials make every day
life.
Given under my hand and Seal of the City of _.__ __
day of _._-----~---
this ___------------'_
Mayor
Pag-e 2~_I
FAA~I~CIUfi„cf~~J ~yitf.!'L{f.~ Ul6i ~tJ'V.1 U4~4T1~.,(,1~R.~'LAMI
~~ .~ ~zr
N i a ara ~ ~~~~` ~ ~ f I~"~~- `~~
g
December 10, 2009
Mr. Dean lorfida
City Clerk
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. lorfida:
,`~:~;~~~~-e=•;,~f the Regional Clerk
~~~1 5~: David's Road, P.O. Box 1042, Thorold ON L2V 4T7
Tel: 905-685-1571 Toll-free: 1-800-263-7215
Fax: 905-687-4977
kevin.bain@niagararegion.ca
www.niagararegion.ca
Our Ref. CL 16-2009 December 3, 2009
C.02 0015
Please be advised that the Council of Niagara Region, at its meeting held on December 3, 2009,
adopted the following resolution regarding the Government of Canada's new Horizons for Seniors
Program.
WHEREAS the Government of Canada's New Horizons for Seniors Program,
.,
% Community Participation and Leadership Funding provides grant funding of up to
$25,000 for projects that encourage seniors to contribute to their communities by
sharing their skills, wisdom and experience and help to reduce isolation;
WHEREAS. the British Canadian Veterans Association's $25,000 grant from the
Government of Canada New Horizons for Seniors Program Community
Participation and Leadership Funding Grant for Computers for Seniors Program
facilitated the Niagara Falls pilot program of free computers and training for 100
of the most isolated.seniors with little or no access to a computer but who could
also -afford Internet monthly costs in Niagara Falls; and
WHEREAS the Niagara Falls pilot Computers for Seniors Program has proven to
be successful in the City of Niagara Falls, with the recent graduation;
THEREFORE BE /T RESOLVED:
That a letter be forwarded to the area municipalities encouraging them to support
the Government of Canada's New Horizons for Seniors Program Community
Participation and Leadership Funding Grant Application for Computers for
Seniors Program for ALL area municipalities and ALL Niagara Region's seniors
who qualify for a computer; and
That the area municipalities coordinate with Regional staff and volunteers
presently involved in the Computers for Seniors Program for assistance.
Building Community. Building Lives.
~.:
You are encouraged to support this program and coordinate with Regional Staff and
volunteers that are involved in the Computers for Seniors Program for assistance.
~.
Kevin Bain
Regional Clerk
~pP
Corporate Services Department ,~ ~: - ,:
Clerk's Division
Inter-Department IVlemorandum NI~~~P~~~d1~S
_. C 1\ 1UA
TO: His Worship Mayor Ted Salci DATE: April 12, 2010
& Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE: Fireworks at Glenview Park for Great Wolf Ifodge Guests
The City's Fireworks By -law (By -law 70 -86, as amended) states the following:
No person shall hold a fireworks display on public of° 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.
Since last year, Redboss Pyrotechnics has provided fireworks, at Glenview Park, for the guests of
the Great Wolf Lodge on various holiday weekends. Redboss has provided the appropriate
insurance, in the form requested by the municipality, and last year's displays went off without
incident; therefore, staff is recommending approval of the request for 2010.
RECOMMENDATION: For the approval of Council.
~~-U_
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
~" (4/6/2010) Dean lorfida Request for the. use of GlEtwiew Park for Fireworks Display, Rey Great 1Nolf-Lode ~ ~ Page 15i
. _~ g
From: "Micheal Biancaniello" <michealb@redboss.ca>
To: <diorfida@niagarafalls.ca>
Date: 4/6/2010 10:16 AM
Subject: Request for the use of Glenview Park for Fireworks Display, Re: Great Wolf Lodge
Attachments: GWL Let to City Clerk NF.doc; GWL Ins. 2010.PDF
Dear Mr. lorfida,
Please find attached a letter of request for the use of Glenview Park as
well as the insurance certificate required; on behalf of Great Wolf Lodge
for this seasons {2010} display schedule:
Sunday, May 23rd
Thursday, July 1st
Sunday, August 1st
Sunday, September 5th
Friday, December 31st
If you require any further information, please do not hesitate to contact
me.
Respectfully Yours,
Micheal Biancaniello
Micheal Biancaniello
CEO
cid: image003. png@01 C9E37 B. E70DE5A0
REDBOSS
PYROTECHNICIANS INC.
<http://www.redboss.ca/> www.redboss.ca
P.O. Box 120
Fenwick, ON LOS 1 CO
Ph. 905 892 1806
REL~F3~~S®
PYR~TECHNICIANS INC.
April 6, 2010
Dean lorfida
City of Niagara Falls
Director of Council Services and City Clerk
4310 Queen Street Clerk's Office
Niagara Falls, ON L2E 6X5
Dear Mr. lorfida,
We have been contracted by Great Wolf Lodge to execute their fireworks displays for this year,
the dates are Sunday, May 23~d, Thursday, July 1St, Sunday, August 1St, Sunday, September Stn &
Friday, December 31St, 2010. We would like to make a request on behalf of Great Wolf Lodge to
reserve Glenview Park for these dates, for the purpose of setting up and firing these displays. We
would require the park from 4pm to 11pm each day.
RedBoss will be responsible for obtaining all permits through the Niagara Falls Fire Department
and will also insure the city of Niagara Falls for 5 Million Dollars Liability. {Copy attached}
If you require any further information, please do not hesitate to contact me.
Respectfully Yours,
Micheal Biancaniello
CEO
P.O. BOX 120 FENWICK, ON • LOS 1C0
PHONE: 905 892 1806 FAX: 905 892 2461
EMAIL REDBOSSCc?QN.AIBN.CDM
WWW.REDBQSS.CA
~~~ DATE (MM/DD/YYYY)
/~~®®\®nt V~6\~I ~'~/'l ® ~ O~ L.I~~I~I~ Y I
~~
'
PRODUCER phone: 990-298-9711 Fax: 990-298-5406 I~V
/
1
4/6/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6240 SOM Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Cleveland OH 44139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
RedBoss Pyrotechnicians Inc INSURERA:AIG Commercial Insurance Co. o
.
P. 0. BOX 120
INSURER B:
FenW1Ck ON LOS1C0 INSURER C:
INSURER D:
INSURER E:
rnveonr_re
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 47HIC
H THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C
LAIMS.
INSR DD'
L7R
N R
POLICY NUMBER POLICY EFFECTIVE
DA E MM DD Y POLICY EXPIRATION
DATE MM DD Y
LIMITS
A GENERAL LIABILITY 101113 4 5 8/ 2 8/ 2 0 0 9 8/ 2 8/ 2 010 EACH OCCURRENCE
S 5 000 000
X COMMERCIAL GENERAL LIABILITY ~
N
e
PREM SES
a o
cur
nce S 1 Q 0 Q 0 0 0
CLAIMS MADE a OCCUR MED EXP (Any one person) $ 1 0 ~ 0
PERS
N
O
AL & ADV INJURY $ 5 ~ ~ ~ 0 0 0
GENERAL
AGGREGATE $ 5 ~ ~ ~ 0 0 0
GEN'LAGGREGATE LIMITAPPLIES PER:
P PRODUCTS -COMP/OP AGG $ 5 ~ ~ ~ 0 0 0
E ~ LOC
POLICY };
AU TOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT
(Ea accident)
~
ALL OWNED AU70S
SCHEDULED AUTOS BODILY INJURY
(Per person) ~
HIRED AUTOS
NON=OWNED AUTOS BODILY INJURY
(Per accident) $
PROPERTY DAMAGE ~
(Per accident)
GARAGE LIABILITY
AUTO ONLY- EAACCIDENT $
ANYAUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR ~ CLAIMSMADE AGGREGATE ~
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIABILITY TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED9
If yes, describe under E.L. DISEASE-EA EMPLOYEE ~
SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY-ENDORSEMENT I SPECIAL PROVISIONS
ates of Venue: Sunday, May 23rd, Thursday, July 1st, Sunday, August 1st, Sunday, September 5th
Frida
D
b
,
y,
ecem
er
31st, 2010
ime of Display: Between 8:00 & 10:00 p.m.
aindate: within 20 Business Days
ocation of Display:
enue A: Glenview Park, Victoria Avenue, Niagara Falls adjacent to Great Wolf Lodge Venue B: Great Wolf Lodge
ee Attached...
nrnT~r~i.•~.-.~..~ ..~..
e„ wn
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Great Wolf Lodge BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO NAIL 30 DAYS WRITTEN NOTICE TO THE
3950 Victoria Avenue CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Niagara Falls ON L2E 7M8 Canada SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE _ _ __
ACORD 25 (2001/08) ~ACORD CORPORATION laaa
OMP®RTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
MVVRLJ L.7 ~LVV 1/VOA
Corporate Services Department
Clerk's Division
Inter-Department Memorandum
TO: His Worship Mayor Ted Salci
& Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE: Springiflicous 2010
Nia~ara~alls
~ ~s~un
DATE: April 12, 2010
Celebrate Old Downtown is beginning plans for Springlicious 2010 (June 4t" -6`h). Similar to past
years, the organizers are asking for waivers of associated fees related to street closures, midnight
clean up crews and the rental of a stage owned by the City.
Last year's fee estimates were as follows:
Road Closure and Loss 1'ar'ng Revenue $1865.22
Clean LTp Crew $1941.00
Stage Fee $500
As noted in the e-mail from the Operations Superintendent, this year's increase in fees is 3% or $50
with regard to the Clean Up Crew.
Therefore, if Council was to provide a grant in lieu of the fees it would be approximately $4500.
With regard to business licences, if the food vendors are licensed restaurant or food shops in Niagara
Falls, they will not be charged a licence fee. If they are from out of town, a fee would apply.
Finally, as has been the practice in the past, various pertinent staff will be meeting with the
organizers to ensure a successful event.
RECOMMENDATION: For the consideration of Council.
~~.~
Working Together to Serve ®ur C'ommunity
Clerks Finance Human Resources Inforrnation Systems Legal Planning & Development
~; ~. .
_., ~.::
a:~ .~+:-
s~'t _
,, ~. .:
s
4691 Ontario Ave., Niagara Falls ON L2E 6S8
P: 905-356-5444 F: 905-356-5667 www.codnf.ca
March 30'", 2010
His Worship Mayor Salci
and Members of the Municipal Council
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Your Worship and Members:
Celebrate Old Downtown Community Corp. is a not for profit organization created to
promote the downtown core through events. Celebrate Old Downtown is planning
major event for the summer of 2010. The major event for this year will be again
Springlicious, as it was the most successful event of the last two years attracting some
30,000 plus visitors to Queen Street. This year will have amulti-cultural theme as we are
working with the Niagara Folk Arts community and local multi cultural clubs to bring
various groups to participate with food, entertainment, arts and crafts. We are
requesting that the City of Niagara Falls declare this event on June 4t", St" and 6t", 2010
as a Community Festival.
We would also like to request the following amenities from the City to help us keep our
costs to a minimum to run this event:
Street Closing
We are requesting permission to close Queen Street from Erie Avenue to the Valleyway
split and all side streets leading onto Queen Street within these boundaries. We would
like the closure to commence Thursday June 3th at 6 p.m. through Monday June 7'" at
12 p.m. thereby allowing enough time for set-up and teardown of the infrastructures for
the event. We respectfully request that Council waive the costs of these street
closures.
Sta es
We would like to put a stage in the centennial park in front of City Hall that will be
operating until 1 1:30 p.m. Friday June 4t", Saturday June 5'" and until 6:00 p.m. on
Sunday June 6'", provided that permission has been granted. To accommodate the
stage, we are requesting the use of the hydro hook-ups in the City Hall courtyard to
provide power to the equipment used by the entertainment, and request the noise by-
law be extended from the 9:00 p.m. norm to 1 1:30 p.m. for the Friday and Saturday
nights. This area will be licensed as a beer and wine area if approved by the Alcohol &
1 of 3
q~.
4691 Ontario Ave., Niagara Falls ON L2E 6S8
P: 905-356-5444 F: 905-356-5667 www.codnf.ca
Gaming Commission of Ontario. We will the proper fencing closing off the designated
area, along with all bartenders having their Smart Serve Certificate. Celebrate Old
downtown will be applying for a liquor license once the City approval has been given
for this event.
We will to be requesting the use of a second stage from the Park and Recreation
Department that will be placed near the intersection of St. Clair Avenue and Queen
Street. This stage will be used to highlight local bands, cultural and children's
entertainment. No alcohol will be served in this area except in the licensed
establishments in the immediate area and will only be operational from 1 1:00 a.m. to
9:30 p.m.
Cleaning
Celebrate Old Downtown and the Springlicious committee would like to request that
the City once again assign their midnight crew to help with the clean up after the event
on the Friday, Saturday and Sunday nights.
Washrooms
There will be approximately 20 portable washrooms on site, 8 of the units will be
handicap/childcare accessible. There will be 10 in the city hall courtyard and the
remaining 10 units will be spread out throughout the event venue. There will be a
contractor with a pumping truck on site throughout the event to maintain the units.
Parking Permits
During the event, vendors and event goers will be occupying all parking spaces on
Queen Street and we respectfully request that the City waive any costs for metered
parking spaces for the duration of the event.
Health Regulations
There will be numerous food vendors at this event as it is a food festival. All food
vendors will have had to have submitted a completed Niagara Regional Public Health
form with their Vendor Application upon being approved to participate in our event.
Insurance
Celebrate Old Downtown will have our own event insurance in place, in the amount of
$5,000,000.
Food Vendor Licensin Fees
Celebrate Old Downtown would like to also request all food vendor and cultural club
fees be waived since this is an event to promote the Downtown core and as a not for
profit organization we will be using any profits for the revitalization of the street. We are
bringing in mainly Niagara based businesses and cultural clubs to promote the street,
and the city. We feel the fee will hamper their participation in our event.
2of3
I ~ din ',~
nn/r
Ul~
t
~.
rF- ," ..
4691 Ontario Ave., Niagara Falls ON L2E 6S8
P: 905-356-5444 F: 905-356-5667 www.codnf.ca
Fire Safety -
The event coordinators will meet with the Fire Department to discuss any of their
concerns about the event, such as cooking, laneways, electrical and water lines.
Emergency Access ;.
A minimum of 20 feet in width shall be maintained between all tents, objects, booths,
fencing, etc., so as to ensure that in the occurrence of an emergency Queen Street will
be open to the emergency vehicles. We will also provide volunteer staff at all
intersection barricades should they need to be moved for emergency access.
Security
There will be a private security company on site at all times; however, Niagara Regional
Police presence is requisite. As in the past we will meet with the NRP's community liaison
officer and follow their requirements.
Sincerely,
~~ ~~ ~
Don Weaver
Chairman
Celebrate O{d Downtown
3of3
m
O
Niagara,Falls
REPORT TO: His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Clerks Division
CD-2010-03
April 12, 2010
SUBJECT: CD-2010-03
Filling of Vacancies on the Municipal Heritage Committee
RECOMMENDATION
That Council fill the two (2) vacancies on the Municipal Heritage Committee.
EXECUTIVE SUMMARY
The Municipal Heritage Committee (MHC) is currently below the full complement of six (6)
members. Council has the option of filling the vacancies from the list of unsuccessful
candidates from the beginning of the term and/or the additional candidates recommended
by the MHC.
The two chosen applicants will serve for the remainder of the Council term.
BACKGROUND
Two vacancies have occurred on the Municipal Heritage Committee due to the resignation
of one member (Kathy Powell) and the sudden death of another member (Sharon
Shearing) in January 2010. As a result, MHC currently only has four (4) members. The
full complement of the MHC is six (6) members.
As Council is aware, the Clerks Office maintains the list of unsuccessful candidates and
the number of votes they received from the beginning of the Council term. On occasion,
the Council has gone back to the list to fill a vacancy. The following applicants are still
available for Council's consideration, listed in order of plurality:
Terry Brown
Brian Smylski
2. Tony Caruso
Keith McGough
Mary McGough
Harriet Worden
In certain circumstan ces to fill vacancies, the Council has not gone to the list of
unsuccessful candidates, especially when no candidates remain, but have taken into
account the recommendations of the committee.
April 12, 2010 - 2 - CD-2010-03
At the March 24, 2010 meeting of the Municipal Heritage Committee the following motion
was adopted:
"That Ms. Laurel Campbell and Mr. Gary Burke be recommended to Council for
appointment to the Municipal Heritage Committee to fulfill the remainder of the term of two
vacant positions on the Committee."
ANALYSIS/RATIONALE
Council has the following options:
Fill the vacancies by approving the candidates recommended by MHC; or
Fill the vacancy by going to the list of unsuccessful candidates from the beginning
of term based on plurality of votes; or
Have a vote, including the committee-recommended candidates and the runners-up
from the vote from the beginning of term (staff will have ballots prepared for this
possibility).
Recommended by:
Respectfully submitted:
DI/PB
Ken Todd, Chief Administrative Officer
Niagara~alls
REPORT TO: His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Finance
F-2010-19
April 12, 2010
SUBJECT: F-2010-19
Annual Statement of Remuneration and Expenses
RECOMMENDATION
For the information of the Municipal Council.
EXECUTIVE SUMMARY
Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001.
The remuneration outlined in this report is consistent with prior years and has been
prepared according to legislation.
ANALYSIS
The attached statement of remuneration and expenses for the year ending December 31,
2009 has been prepared pursuant to sections 283 and 284 fo the MunicipalAct, 2001, and
authorized for payment under By-law #99-22, By-law#2002-57 and By-law #2001-252.
A breakdown of remuneration and expenses, by member of City Council, various bodies
and local boards, is provided in the attached statements. A summary for 2009 is provided
below:
Remuneration Expenses Total
City Council $250,487.53 $34,569.91 $285,057.44
Committee of Adjustment $3,076.50 $1,981.59 $5,058.09
Niagara Falls Hydro Holding
Corporation Board $38,400.00- $3,250.00 $41,650.00
Committees & Commissions $0.00 $1,030.85 $1,030.85
April 12, 2010 - 2 - F-2010-19
LIST OF ATTACHMENTS
2009 Statement of Remuneration and Expenses -Niagara Falls City Council
2009 Statement of Remuneration and Expenses - Committee of Adjustment; Niagara Falls
Hydro Holding Corporation Board
2009 Statement of Remuneration and Expenses -Park in the City Committee; Arts &
Culture Committee
Recommended by: /
Todd Harri on, Dire for of Financial Services
Respectfully submitted:
Ken Tod ,Chief Administrative Officer
C. Luey
April 12, 2010 - 3 - F-2010-19
2009 STATEMENT OF REMUNERATION AN® EXPENSES
NIAGARA FALLS CITX COQ.DNCIL
Council Member Remuneration Travel Other
Expenses* Expense
Allowance Total
®iodati, J. 20,311.20 0.00 1,786.24 438.00 22,535.44
Fisher, S. 20,311.20 0.00 714.09 160.00 21,185.29
loannoni, C. 20,311.20 438.35 3,167.61 325.00 24,242.16
Kerrio, V. 20,311.20 0.00 0.00 0.00 20,311.20
Mayes, B. 20,311.20 0.00 1,304.82 370.00 21,986.02
Pietrangelo, V. 20,311.20 0.00 1,407.30 38.00 21,756.50
Salci, T. 87,997.93 16,095.85 5,038.68 701.62 109,834.08
Thomson, W. 20,311.20 0.00 1,431.65 400.00 22,142.85
Wing, J. 20,311.20 0.00 677.70 75.00 21,063.90
TOTAL $250,487.53 $16,534.20 $15,528.09 $2,507.62 $285,057.44
* includes Internet & cell phone expense
April 12, 2010 - 4 - F-2010-19
2009 STATEMENT OF REMUNERAI-9®N AN® EXPENSES
C®MMITTEE ®F A®J~9STMENT
Member Remuneration Expenses Total
Antonio, C. 206.50 211.50 $418.00
Cahill, M. 720.00 0.00 $720.00
Collinson, J. 770.00 77.50 $847.50
Pietrangelo, V. 0.00 0.00 0.00
Prata, G. 660.00 248.80 $908.80
Stranges, L. 720.00 1,443.79 2,163.79
Total $3,076.50 _$1,981.59 $5,058.09
NIAGARA FALLS HY®RO FI~1L®lNG C®RP®RATI®N B®AR®
(only rr>lembers of City Council are listed)
Member Remuneration Expenses Total
Diodati, J. 4,800.00 4,800.00
Fisher, S. 4,800.00 4,800.00
loannoni, C. 4,800.00 1,500.00 6,300.00
MCerrio, V. 4,800.00 4,800.00
Maves, B. 4,800.00 4,800.00
Pietrangelo, V. 4,800.00 4,800.00
Salci, T. 0.00 0.00
Thomson, W. 4,800.00 1,750.00 6,550.00
Wing, J. 4,800.00 4,800.00
Total $38,400.00 $3,250.00 $41,650.00
April 12, 2010 - 5 - F-2010-19
~®MM0-~TEES/coMM~SSio~vS
(on0y rnembers who received retx~uneration/expenses are listed)
PARB~C 9N ~°HE C@TV
Member Remuneration Expenses Total
Berry, 1=. 0.00 105.00 $105.00
January-Pool, P. 0.00 105.00 $105.00
Mascarin, P. 0.00 278.00 $278.00
Total 0.00 488.00 $488.00
ARTS & C~LTa.DRE
Membercath Remuneration Expenses Total
January-Pool, P. 0.00 135.45 $135.45
Macarin, P. 0.00 271.95 $271.95
Pietrangefo, ®. 0.00 135.45 $135.45
Total - 0.00 $542.85 $542.85
1 ~.
Niagara~~lls
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REPORT TO: His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Legal Services
SUBJECT: L-2010-05
Release of Development Agreement
Parts 1, 2 & 3 on Reference Plan 59R-13311
L-2010-05
April 12, 2010
Stanley Avenue Industrial Lantis (Former Treibacher Site)
Our File No.: 2010-80
RECOMMENDATION
That the release of a Development Agreement registered on title to Parts 1, 2 & 3 on
Reference Plan 59R-13311 ("subject land"), is hereby approved and authorized.
EXECUTIVE SUMMARY
All conditions of a Development Agreement registered on title to the subject land have
been satisfied and the owner has requested that the Development Agreement be removed
from the title to the subject land.
BACKGROUND
On July 12, 2007 the City entered into Development Agreement with 1578891 Ontario Ltd.
for the purpose of developing the former Treibacher site located on Stanley Avenue.
The City has received a request to remove the said Development Agreement from title to
the subject land, as the land has been severed and all conditions of the Consent
Application have been satisfied through their inclusion into the Development Agreement.
Upon circulation of the above request to various City departments, there were no
objections to the release of the Development Agreement from title to the subject land.
Staff confirms that the subject land referred to in the 2007 Development Agreement may
be released at no cost to the City.
~i
Recommended by: ~f
Ken Beaman, City Solicitor
Respectfully submitted:
Ke Todd, Chief Administrative Officer
L. Banks
Niag~ra~alls
~~~~,>~
REPORT TO: His Worship Mayor Ted Salci
and Members of the Municipal Couhcil
City of Niagara Falls, Ontario
SIDBIVIITTED BV: Legal Services
SUB,DECT: L-2010-06
Release of Easement
Parts 81-88, Reference Plan 59R-13264
Deerfield Estates
Our Flle IVo.: 2010-89
RECOMIVIEIVDATION
L-2010-06
April 12, 2010
That several easements registered on title to Parts 81-88, Reference Plan 59R-13264
("subject lands"), for the purpose of storm sewers, be released at no cost to the City.
EXECIDTIVE SIJIVIMARX
Lots shown on the original Plan have been relotted and, as a result of the relotting, the
original easements are no longer useful and should be released in order to establish new
easements with the realigned lot lines.
BACKGROl1ND
In 2006 the City entered into a Subdivision Agreement with River Realty Development
(1976) Inc. with respect to Deerfield Estates Subdivision. At that time numerous
easements were transferred to the City for the purpose of developing the land on the west
side of Kalar Road.
Since the registration of the Easement Plan, the initial lotting approved in the Deerfield
Estates Plan of Subdivision has been revised. As a result of the revision, the rear yard
drainage easements, designated as Parts 81 to 88 (inclusive) on Reference Plan 59R-
13264, which are typically centered on common lot lines, are no longer situated as required
and it is now necessary to establish new easements along the realigned lot lines. River
Realty Development (1976) Inc. has requested that the easements be released in order
that a new Easement Plan can be placed on title to the subdivision to conform to the new
lot fabric.
Upon circulation of the above request to Municipal Works, Legal Services has been
advised that the subject lands have been relotted and the easements that were established
in accordance with the former lot lines are no longer useful and can be removed. The
removal shall be at no cost to the City.
April 12, 2010 - 2 - L-2010-06
Recommended by: t
Ken Beaman, City Solicitor
Respectfuiiy submitted:
Ken odd, Chief Administrative Officer
L. Banks
X~[~~Y~~Gl~~-
REPORT TO: His Worship Mayor Ted Salci
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMiTTE® BY: Municipal Works Department
SUBJECT: IVIW-2010-13
Assumption of Various Subdivisions
RECOMMEIV®ATIOfV
That the City formally assume the Subdivisions listed in this report.
EXECUTIVE SUMMARY
MW-2010-13
April 12, 2010
The assumption of these developments will allow the City to formally recognize the
developers have met their obligations in the Subdivision Agreement and place it on the
regular maintenance schedule.
BAC&Ct3ROUND
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.
RECISTRATIOIV PLAfV
SUB®IVISION
59M-324
59M-309
59M-300
Garner Estates Phase IV
Graham Avenue Extension
Recine Court
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.
April 12, 2010 _2_
ANALYSIS AND RATIONALE
MW-2010-13
The Subdivider's Agreement sets out the developer's responsibilities from services design
to construction completion which results in the City's assumption once the maintenance
period expires and all deficiencies addressed to the City's satisfaction.
FINANCIAL/LEGAL IMPLICATIONS
The developers have met their responsibilities as set out in their Subdivision Agreements
and therefore it is appropriate for the City to assume these subdivisions. The securities
for these developments have been returned to the Subdividers as all the works have been
completed to the City's satisfaction.
COMMITMENT TO COUNCIL PRIORITIES
Implementation of these works meets the intent of Council's Strategic Priorities to establish
infrastructure investment priorities and to strengthen and promote economic development
within the City.
LIST OF ATTACHMENTS
1. Location Plan
Recommended by:
Geoff H . Iman, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
R.Volpini
S:\REPORTS\2010 Reports\MW-2010-13 -Assumption of Various Subdivisions.wpd
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SUBDIVISION ASSUMPTION
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REPORT TO: His Worship Mayor Ted Salci
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTE® BY: Municipal Works Department
SUBJECT: MW-2010-14
Restructuring of Roles Within the DWQMS
RECOMMEN®ATION
MW-2010-14
April 12, 2010
That Council authorize staff to amend the Drinking Water Quality Management System
(DWQMS) Operational Plan to more accurately reflect the current organizational structure.
EXECUTIVE SUMMARY
Recent organizational restructuring has caused the City's DWQMS Operational Plan and
associated documentation to require amendments. Assigning the role of "Top
Management" solely to the Director of Municipal Works would allow the City to represent
current organizational structure, while not having to alter current DWQMS roles and
responsibilities.
BACI{GROUN®
Ontario's Drinking Water Quality Management Standard Pocket Guide published in July
2007 defines "Top Management" as:
`A person or persons at the highest management level within the operating authority that
makes decisions respecting the quality management system and recommendations to the
Owner of the subject system."
On April 6, 2009, Council approved MW-2009-21 authorizing staff to submit the DWQMS
Operational Plan to the Canadian General Standards Board and Ministry of the
Environment. In that Operational Plan the role of "Top Management" was assigned to the
Executive Director of Community Services and the Director of Municipal Works.
LEGAL IMPLICATIONS
Enacted under the Safe Drinking Water Act, the DWQMS requires the roles of "Owner,"
"Top Management" and "Quality Management System Representative" to be assigned to
an individual or individuals in the operating authority.
April 12, 2010 _2_ MW-2010-14
As Council and the Chief Administrative Officer are designated as the "Owner" and the
DWQMS Coordinator has been appointed as "Quality Management System
Representative," no further changes will be required. Assigning the role of "Top
Management" solely to the Director of Municipal Works will allow the City to meet the
requirements of the Act.
Leaving documentation as it stands currently, would result in anon-conformance with the
Standard and would cause future accreditation issues.
ATTACHMENTS
1. DWQMS Organizational Structure Diagram
Recommended by: - _
Geoff Holm n, Di ector of Municipal Works
Respectfui9y submitted:
Ken T dd, Chief Administrative Officer
J. Sticca
S:\REPORTS\2010 Reports\MW-2010-14 -Restructuring of Roles Within the DWOMS.wpd
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DWQMS Organizational Structure as of January 1, 2010
,~ MW-2010-16
~~~'a~~'~ '~'~'~ Aril 12 2010
p ,
REPORT TO: His Worship Mayor Ted Salci
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works Department
SUBJECT: MW-2010-16
Tender T02-2010 for Primary and Secondary Contractors for
Supply, Service and Repair of Sanitary Sewer Mains, Sewer
Laterals, Water Mains and Water Service
RECOMMENDATION
That Council award contracts to
O'Hara Trucking and Excavating Inc. as the primary contractor, and
2. Alfidome Construction Limited as the secondary contractor, and that:
3. The Mayor and Clerk be authorized to execute the necessary agreements.
EXECUTIVE SUMMARY
In the presence of the Manager of Supplies and Services, tenders for the Supply, Service
and Repair of Sanitary Sewer Mains, Sewer Laterals, Water Mains and Water Service
were opened on Thursday, March 4, 2010. Tenders issued were for cone-year period.
BACKGROUND
Environmental Services utilizes the services of contractors for work that is beyond the
scope of in house staff. These are jobs that may require dig depths of over ten feet (10')
which the City's equipment cannot safely accommodate, or when existing staff are fully
occupied on emergency work of their own. The use of contracted services also provides
a contingency plan in the event of a labour disruption.
Staff has identified the need of a "primary" and "secondary" contractor, in the supposition
that we may require more than one crew at the same time. Bidders were advised that they
could not be both primary and secondary contractors in the award of this tender.
Tenderers were requested to submit unit prices for hourly rates for manpower, and
equipment. All materials will be supplied by the City.
FINANCIAL/LEGAL IMPLICATIONS
Four bids (4) bids were received for contracts T02-2010. Two of the bidders failed to
submit complete bids, therefore the two bidders left, upon Council approval will be awarded
the contracts.
April 12, 2010 _2_ MW-2010-16
Bid evaluation was based on a four-man crew, including a backhoe, triaxle truck,
supervisor, small equipment, service vehicle, traffic protection plan, traffic control staff and
overhead.
Unit prices were submitted based on an hourly rate, with no guaranteed jobs for the
successful bidders.
Primary Contractor
O'Hara Trucking and Excavating:
71 Berryman Avenue
St. Catharines, Ontario, L2R OA2
Secondary Contractor
Alfidome Construction Limited:
1701 Thorold Townline Road
Niagara Falls, Ontario L2E 6S5
Weekdav Evening Weekend
$495.OO.hr $550.00/hr $594.00/hr
CITY'S STRAT~CIC C®MMITMEIVT
Weekdav Evening Weekend
$503.22.hr $611.82.hr $720.42.hr
Continue to monitor and improve the efficiency of the organization.
Recommended by: -- -~'
Geoff Holman, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
S.Wheeler
S:\REPORTS\2010 Reports\MW-2010-16 -Tender T02-2010 for Primary & Secondary Contractors.wpd
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REPORT TO: His Worship Mayor Ted Salci
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works Department
SUBJECT: MW-2010-18
MW-2010-18
April 12, 2010
RFT #TR08-2010 For the Supply and Installation of a
Storm~nrater Drainage System at the
Patrick Cummings Memorial Sports Complex
RECOMMEfVDATION
That the tender from Stevensville Lawn Service (2821 Stevensville Road, Stevensville, ON.
LOS 1 SO) for the Supply and Installation of a Stormwater Drainage System at the Patrick
Cummings Memorial Sports Complex in the amount of $97,245.00 (excluding GST) be
approved.
EXECUTIVE SUMMARY
The stormwater drainage system planned for the Patrick Cummings Memorial Sports
Complex is necessary to support the development of new sports fields and other
recreational amenities. The area serviced by the stormwater drainage system is illustrated
on Attachment #1. Staff are recommending RFT #TR08-2010 for the Supply and
Installation of a Stormwater Drainage System be awarded to the low bidder, Stevensville
Lawn Service. The contract value is within budget forecasts.
BACKC7ROUIVD
The park improvement project at the Patrick Cummings Memorial Sports Complex received
funding through the Recreation Infrastructure Canada (RInC) and Ontario Recreation
(Ontario REC) programs. The project is generally comprised of: a play area, a washroom
building, a baseball shade structure, parking lot expansion, new pathways, a natural multi
use sports field, a natural soccer pitch, site electrical upgrades, and sport field lighting on
two fields.
Park improvement work commenced September 2009. Works to date have included; a
high voltage underground ductbank (Q46-2009), an electrical service building (Q56-2009),
baseball field lighting systems (PRC-2009-34, TR14-2009) and a washroom building (PRC-
2010-06, TR05-2010).
April 12, 2010 - 2 - MW-2010-18
ANALYSIS/RATIONALE
A tender call (TR08-2010) was issued on March 10, 2010 for the construction of a
stormwater drainage system and closed on March 31, 2010. Eight (8) bidders responded
to the call as listed below:
BIDDER ADDRESS BID PRICE
(Excluding GST)
Stevensville Lawn Service 2821 Stevensville Road,
Stevensville, ON. LOS 1 SO $97,245.00
Anthony's Excavating Central 5982 Elcho Road, Wellandport
Inc.
ON. LOR 2J0 $gg,468.34
Centennial Infrastructure 353 Townline Road, Niagara-On-
(Niagara) Inc.
The-Lake, ON. LOS 1J0 $105,430.00
O'Hara Trucking & 71 Berryman Avenue, St.
Excavating Inc.
Catharines, ON. L2R OA2 $110,895.00
Alfidome Construction Ltd. 1701 Thorold Townline Road, $123
585
00
Niagara Falls, ON. L2E 6S5 ,
.
Peninsula Construction Inc. 2055 Kottmeier Road
RR#1
,
,
Fonthill, ON. LOS 1 E6 $145,816.76
C.R.L. Campbell 11575 Burnaby Road, Wainfleet
Construction & Drainage Ltd. ,
ON. LOS 1V0
$149,174.25
Dig-Con International Ltd. 4 Holland Drive, Units 8 & 9, $152
894
00
Bolton ON. L7E 1G1 ,
.
Staff completed a thorough review of each bid and found the bid submitted by Stevensville
Lawn Service was the lowest bid ($97,245.00 excluding GST) and met all necessary
requirements.
FINANCIAL IMPLICATIONS
The project was approved in the 2010 Capital Budget. The expenditure in the tender
was identified in the budget sheet included in the approved Capital Budget. The project
is funded. At the present time there are no revisions to the budget expenditures or
funding sources.
This tender represents one part of the overall project and further expenditures will be
made. The tendered price is within original forecasts.
CITY'S STRATEGIC COMMITMENT
The improvement of Patrick Cummings Memorial Sports Complex is part of the
implementation of the City of Niagara Falls Strategic Plan for the Provision of Parks,
Recreation, Arts & Culture (January 2007).
April 12, 2010 _3_
LIST OF ATTACHMENTS
MVV-2010-18
Attachment #1 -Patrick Cummings Memorial Sports Complex Stormwater
Drainage System Location Plan
Recorno~er~ded by:
Geoff Hol an, Director of Municipal Works
RespectfuBly submitted: '`\_~!1/r r
Ken To d, Chief Administrative Officer
DA
S:\REPORTS\2010 Reports\MW-2010-18 -Supply and Installation of a Stormwater Drainage System at Patrick Cummings
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CANADA
REP®R~' T®: His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
SU~MITTE® 03Y: Planning & Development
S~Bl3.-ECT: P®-2010-27
SWC-2009-006, Paris Crepe bistro
Sidewalk Cafe Licence Agreement with the City
4613 Qa~een Street
REC®IVIIVIEN®ATI®N
P®-2010-27
April 12, 2010
That the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence
Agreement with Andree Mirelle Demorge Clement and 4613 Queen Street Limited to
permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of Paris
Crepe Bistro located at 4613 Queen Street.
EXECU~'lVE SUIVIIIAARY
The execution of the Sidewalk Cafe Licence will allow the operation of a sidewalk cafe in
front of Paris Crepe Bistro.
l3AClCCR®~N®
The subject lands, known as 4613 Queen Street, are located on the north side of Queen
Street between Lawrence Avenue and Crysler Avenue. Refer to Schedule 1 for location.
Andree Mirelle Demorge Clement and 4613 Queen Street Limited have applied to the City
for a Sidewalk Cafe Licence Agreement for a sidewalk cafe in front of Paris Crepes Bistro
located at 4613 Queen Street, as shown on Schedule 2. The Sidewalk Cafe application
has been reviewed by staff and is recommended for approval.
The licensed area is approximately 19.23 square metres and is shown on Schedule 1. The
licence fee for 2010 is $480.75. The term of the proposed licence is five years and the
sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe
Guidelines.
The 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 million to cover
Andree Mirelle Demorge Clement, 4613 Queen Street Limited and the City. At it's
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 its or another agency's purpose. Each party must give 30 days written notice to
terminate the licence.
April 12, 2010 _2 _
CITY'S STRATEGIC C®IVIMITMENT
PD-2010-27
The proposal supports Council's strategic priority of strengthening and promoting economic
development in the City.
LIST ®F ATTACIiMENTS
Schedule 1 -Location Map
Schedule 2 -Site Plan
ReC®r~r~enc9ecl by: ''~- I,~,~ 4-2~
Alex Herlovitch, Director of Planning & Development
Resg~ectf~ally subra~atted:
Ken odd, Chief Administrative Officer
A.Dilwaria:mb
Attach.
S:\PDR\2010\PD-2010-27, SWC-2009-006,Paris Crepe Bistro 4613 Queen Street.wpd
April 12, 2010 - 3 - PD-2010-27
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REPORT TO:
SUBMITTED BY:
SUBJECT:
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Transportation Services
TS-2010-24
April 12, 2010
TS-2010-24
Tender for Supply of Materials and Services for Pavement
Markings
Contract T2010-10 (On-street small machine)
Contract T2010-12 (On-street Application Truck Mounted)
RECOMMENDATIONS
That Provincial Maintenance be awarded Contract T2010-10 and T2010-12 for
on-street pavement markings, truck-mounted and small machines, and
2. That the Mayor and City Clerk be authorized to execute the necessary
agreements.
EXECUTIVE SUMMARY
Biannual tender to acquire service for on-street pavement markings for re-application or
new markings in developing areas. On-street pavement markings are essential for vehicle
safety and regulation of traffic.
BACI(GROUND
In the presence of the Deputy Clerk, and Manager of Supply and Services tenders for the
Supply of Materials and Services for Pavement Marking were opened on Thursday, March
18, 2010 and Tuesday, March 23, 2010. Two tenders were issued for atwo-year period
each. Three (3) bids were received for contracts T2010-10 & T2010-12. A summary of the
bids is detailed below:
T2010-12 -Small Machines on-street - 2010
Company Name Business Location
A-1 Ashphalt Ltd Burlington
Provincial Maintenance Niagara Falls
T2010-12 -Small Machines on-street - 2011
A-1 Ashphalt Ltd Burlington
Provincial Maintenance Niagara Falls
Two-year Total Small Machines
A-1 Ashphalt Ltd Burlington
Tender Price (excl. GST)
$ 113.113.38
$ 94,578.75
$ 124,667.77
$ 104,207.25
$ 237,781.15
April 12, 2010
Provincial Maintenance Niagara Falls
T2010-10 -Truck Mounted Operations - 2010
Company Name Business Location
Almon Equipment Ltd. Toronto
Provincial Maintenance Niagara Falls
T2010-10 -Truck Mounted Operations - 2011
Almon Equipment Ltd. Toronto
Provincial Maintenance Niagara Falls
Two Vear Total Truck Mounted Operations
Almon Equipment Ltd. Toronto
Provincial Maintenance Niagara Falls
Total bid for all On-street Pavement Marking Operations:
Provincial Maintenance
TS-2010-24
$ 198,786.00
Tender Price (excl. GST)
not opened
$ 147,367.50
not opened
$ 147, 367.50
$-
$ 294,732.00
$ 493,518.00
Provincial Maintenance is the lower bidder on the tenders and has previously performed
the required duties to the City of Niagara Falls standards. Almon Equipment Ltd has been
disqualified from the tender as supported through section 11(d) of the 2010 tender due to
previous history of poor performance during the 2007 pavement marking's contract.
FINANCIAL.
The budgeted amount for 2010 for combined on-street truck mounted and small machine
pavement markings is $231,996. The successful low bid amount for the single year is
$241,946.25 tender demonstrating an overage of $9,950.25.
Small machine on-street application actual use for 2009 was 8400 litres, 400 litres over last
years estimated amount. This has been increased in 2010 to 10,000 litres to incorporate
increasing needs and overages. The quantities will be reduced to meet the budget
amount.
Appropriate funds will be allocated in the 2011 budget based on actual values from 2010.
Recommended by: /~//r,~~-~ ~ -"
Karl Dren, Director of Transportation Services
Res ectfull submitted: ~~~ ~'1~"`~
p Y
Ke Todd, Chief Administrative Officer
P. Brown
,~' TS-2010-25
~c"il~c'"~I"7~1~~~5 April 12, 2010
1 5ti 1~ l
REPORT TO: His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services
SUBJECT: TS-2010-25
Tender for Supply of Materials and Services for Pavement
Markings -Contract T2010-11 (Parking Lots and City Owned
Lands)
RECOMMENDATIONS
1. That Provincial Maintenance be awarded Contract T2010-11 for Parking Lots and
City owned lands' pavement markings
2. That the Mayor and City Clerk be authorized to execute the necessary agreements.
EXECUTIVE SUMMARY
A biannual tender to acquire materials and services for parking lot and city owned land
pavement markings through either. re-application or new pavement markings after re-
surfacing.- Pavement markings are essential for vehicle safety and the regulation of
parking and traffic on municipal properties.
BACItGROUND
In the presence of the Manager of Supply and Services tenders for the Supply of Materials
and Services regarding Pavement Marking for Parking Lots and City Owned lands were
opened on Thursday, March 18, 2010. The tender is issued for atwo-year period.
Three (3) bids were received for contract T2010-11. A summary of the bids is detailed
below:
T2010-11 -Small Machines off-street Parking lot pavement markings - 2010
Company Name Business Location Tender Price (excl. GST)
A-1 Ashphalt Ltd Burlington $ 17,394.01
Provincial Maintenance Niagara Falls $ 17,254.80
T2010-12 -Small Machines on-street - 2011
A-1 Ashphalt Ltd Burlington $ 17,394.01
Provincial Maintenance Niagara Falls $ 17,254.80
April 12, 2010 -2- TS-2010-25
Two-Year Total Smail Machines
A-1 Ashphalt Ltd Burlington $ 34,788.02
Provincial Maintenance Niagara Falls $ 34,509.60
Provincial Maintenance is the lower bidder on the tenders and has previously performed
the required duties to the City of Niagara Falls standards. Having not supplied a
performance bond, the bid submitted by The Gordon Company was not opened as they
did not provide all the requirements of the tender agreement.
i=1fVAIVC9AL
The budgeted amount for 2010 for combined off-street parking lot and city own land
pavement markings is $20,000.00. The successful low bid amount for the single year is
$17,254.80.
Appropriate funds will be allocated in the 2011 budget based on actual values from 2010.
Reco~rnended by: /~~-~
Karl Dren, Director of Transportation Services
RespectfaalEy saabr~itted:
Ken Todd, Chief Administrative Officer
P. Brown
D
CITY ®F NIAGAIZA FALI_,S
~y-law No. 2010 -
A by-law to authorize an Application General to amend the register to release a Development
Agreement registered as Instrument Number SN210562 over Parts 1, 2 & 3 on Reference Plan 59R-
13311.
WIIEIZEAS the Development Agreement registered in 2008 as Instrument Number SN210562 over
Parts 1, 2, & 3 on Reference Plan 59R-13311 is no longer required on title to the property;
ANID W~EI2EAS the Council of The Corporation of the City of Niagara Falls now deems it
expedient to pass this by-law.
TIIE C®1JNCIIL ®F TIIE C®IZP®IZATI®N ®F TIIE CITY OF NIAGAIZA FAI~I,S ENACTS
AS F®1,I..®R'S:
1. The Application General to amend the register to release the Development Agreement
registered as Instrument Number SN210562 as it applies to Parts 1, 2, & 3 on Reference Plan 59R-
13311, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute all documents that may be required
for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix
the corporate seal thereto and to deliver such documents.
Passed this twelfth day of April, 2010.
................................................................... ........................................................
BILL MATSON, ACTING CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading: April 12, 2010.
Second Reading: April 12, 2010.
Third Reading: Ap1~l 12, 2010.
C1TY ®F NIAGARA >FA1L>[.,S
>~y-law No. 2010 -
A by-law to authorize an Application General to amend the register to release easements registered
as Instrument Number SN144492 over Parts 81-88 inclusive, on Reference Plan 59R-13264.
WHEREAS the easements registered in 2007 as Instrument Number SN144492 over Parts 81-88
Reference Plan 59R-13264 are no longer required on title to the property;
ANl) WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it
expedient to pass this by-law. ,'
THE C®1TNCgL ®E'>['HE C®>~®RA'I'1®N ®F'g'HE Cg'TX ®>F NIAGARA FA>LES ENAC'g'S
AS ~'GL>L®WS:
1. The Application General to amend the register to release the Transfer of Easement registered
as Instrument Number SN144492 as it applies to Parts 81-88 inclusive on Reference Plan 59R-
13264, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute all documents that may be required
for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix
the corporate seal thereto and to deliver such documents.
Passed this twelfth day of April, 2010.
................................................................... ........................................................
DEAN IFORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading: April 12, 2010.
Second Reading: April 12, 2010.
Third Reading: April 12, 2010.
CT'T'X ®F' NIAGARA FALLS
Tay-law No. 2010 -
A by-law to authorize the execution of a Sidewalk Cafe Licence Agreement with Andree Mireille
Demorge Clement c.o.b. as Paris Crepes Bistro, and 4613 Queen Street Ltd., respecting the licencing
of a Sidewalk Cafe over a portion of City sidewalk in front of Paris Crepes Bistro located at 4613
Queen Street.
'T'TIE C®UNCTL ®F TIIE C®RP®RA'T'TON ®F TITS CT'T'I' ®F NIAGARA FALLS ENAC'T'S
AS F®LL®WS:
1. A Sidewalk Cafe Licence Agreement dated July 22, 2009, and made between Andree Mireille
Demorge Clement c.o.b. as Paris Crepes Bistro as Licensee, 4613 Queen Street Ltd. as Owner and
The Corporation of the City of Niagara Fa11s as City, respecting the licencing of a Sidewalk Cafe in
front of 4613 Queen 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 maybe 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 twelfth day of April, 2010.
........................................................
DEAN IORFIDA, CITY CLERK
...............................................................
R. T. (TED) SALCI, MAYOR
First Reading: April 12, 2010.
Second Reading: April 12, 2010.
Third Reading: April 12, 2010.
THIS AGREEMENT made this 22"d day of July, 2009.
BETWEEN:
ANDREE MIREILLE DEMORGE CLEMENT
c.o.b. as Paris Crepes Bistro,
Hereinafter called the "Licensee''
- and -
4613 QUEEN STREET L'TD.,
Hereinafter called the "Owner''
and -
THE CORPORATION OF THE
CITY OF NIAGARA FALLS,
Hereinafter called the "City"
of the FIRST PART:
of the SECOND PART;
of the THIRD PART;
y~'HEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk
for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown
on Schedule "A" attached hereto, (hereinafter referred to as "City lands");
AND ~~VHEREAS 4613 Queen Street Ltd, is the owner of the adjoining lands municipally known
as 4613 Queen Street, Niagara Falls, Ontario, and more particularly described in Schedule "B"
attached hereto (hereinafter referred to as the "Licensee's lands") which are leased to Andree
Mireille Demorge Clement can}~ing on business as Paris Crepes Bistro;
AND «'HEREAS the City has agreed to grant the Licensee permission to occupy the City lands as
a Licensee for such consideration and upon such terms and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT R'ITNESSETH that in consideration of
the premises, the mutual covenants and conditions herein contained and for valuable consideration,
the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as
follows:
1. The City shall permit the Licensee to occupy and use the City lands from April 15' to October
3151 in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the
existing restaurant located on the Licensee's lands.
-2-
2. The Licensee acknowledges that it does not have a right to use the City lands, except in
accordance with the conditions of the licence herein contained and that it accepts this licence subj ect
to such limitations as herein contained.
This licence shall commence April 15', 2009, and shall temlinate on October 315', 2014,
subject to its earlier terniination.
4. The Licensee shall pay a fee of Pour Hundred Eighty and 75/100 Dollars ($480.75) plus GST
per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on
the 15' day of April in each and every year during the continuance of the said privilege, the first of
such pa}nnents being due and payable upon the signing of this Licence.
The Licensee agrees to pay all costs and expenses in comlection with the occupancy and use
of the City lands for the purposes of a sidewalk cafe, inchiding its establishment.
6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City
Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C".
7. The Licensee agrees to assume a111iability and obligations for any and all loss, costs, damage
or injury (including death) to persons or property that would not have happened but for this licence
or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee
shall at all times indemnify and save harmless the City, its officers, employees, and agents from and
against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses,
claims or demands; in any manner based thereupon, arising by reason of or in any way related to the
existence of this licence or anything done or maintained hereunder.
8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the loss of or damage to property occurring in, on, or
about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability
endorsement.
9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
-3-
10. The Licensee shall comply with all the laws of the federal, provincial; or municipal
governments that maybe applicable to the occupancy and use of the City lands for a sidewalk cafe
in accordance with this licence.
1 I . The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall
make no structural changes of any kind whatsoever to the City lands without first giving the City
notice of the proposed changes and obtaining the consent of City Council for the proposed changes.
12. The Licensee agrees that no building, shucture or fixture other than that required for a
sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements
required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and
carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage; destruction or accident from
whatsoever cause arising.
13. The following schedules are attached to and form part of this agreement, namely Schedules
«A„ "B" and "C".
14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the Licensee, the Owner and the City as follows:
The Licensee:
Paris Crepes Bistro
Attention: Andree Mireille Demorge Clement
4613 Queen Street
Niagara Falls ON L2E 2L7
The Owner:
4613 Queen Street Ltd.
Attention: Mordechai Grun
4681 Ontario Avenue
Niagara Falls ON L2E 3R1
The City:
The Corporation of the City of Niagara Falls
Attention: Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls ON L2E 6X5
Telephone: (905) 356-7521
Facsimile: (905) 371-2892
-4-
(1) ~~llere this agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e-mail, by fax or by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted above.
(2) Such notice shall be deemed to have been given:
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e-mail or fax, on the date of transmissionprovided it is received
before 4:30 p.m. on a day drat is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
(c) in the case of prepaid ordinary first class post, on the third da}~, which is not
a holiday, following posting.
15. The Licensee shall indemnify, save, defend and keep harmless from time to time and at all
times, the City of, from and against all actions, causes of action, interest, claims, demands, costs,
charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain
or be put unto for any reason or on account of or by reason of or in the consequence of the City
entering into this agreement.
16. The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby granted by the Cit}~ in this agreement without the ~a~ritten consent of the City.
17. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other
as to its intention to terminate;
(b) The City may modify the site area to which the licence applies to upon 30 days
notice, in writing, if solely in the City's opinion, continuation of the licence
compromises pedestrian safety on the sidewalk, including but not limited to an
increase in pedestrian volume, or the City lands is required for any purpose by the
City or by any public agency; and
(c) Not withstanding any provision in this agreement, in the event of an immediate threat
to public safety the City shall have the unrestricted right to modify the site area.
18. The Licensee agrees that the City may terminate this licence or modify the site area if the land
is required for any purpose by the City. This includes increased sidewalk width to accommodate
increased pedestrian volume.
-5-
19. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from
the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe conshuction, rails,
gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and
restore the City lands to its original condition or equivalent with top soil and sod.
20. If the Licensee is in default or breach of an}~ of the teams of this agreement, the City shall be
permitted to recover the expenses incur~ed in remedying the default or breach fi-om the Owner by
adding the expenses to the Owner's municipal taxes to be collected as taxes in accordance with the
Municipal Act, 2001. S.O. 2001, a 25 and any successor legislation thereto.
21. Wherever the singular or masculine is used in this agreement they shall be construed as if
the plural or the feminine or the neuter has been used where the context or the party or parties hereto
so require, and the rest of the sentence shall be construed as if the grammatical and terminological
changes hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as joint.
IN WITNESS R'HEREOFthe Licensee has hereunto set his/her hand(s) and seal(s) and the Owner
and the City have hereunto affixed their corporate seals duly attested by the hands of the proper
signing Officers and the said signing Off cers certify that they have authority to bind their respective
Corporations.
SIGNED, SEALEll and DELIVERED
in t resence of
(signature of witness)
(name of witness l se print)
~..1~~; ^ t ~;l P~'
Andree Mireille Demorge Clement;
carrying on business under the name
and style of Paris Crepes Bistro
4613 QUEEN STREET LTD.
) ~~ ~ ,~
)Na ei .
)Title ~ z
Title: C ;moo .
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Name: R.T. (Ted) Salci
Title: Mayor
Name: Dean Iorfida
Title: City Clerk
-6-
SCHI;DULL "A"
to an Agreement dated July 22, 2009,
between
ANDREE MIREILLE DEMORGE CLEMENT c.o.b. as Paris Crepes Bistro
and
4613 QUEEN STREET LTD.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
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EX. TRI.FFIG DIRECTION
QUEEN STREET ~
-~-
SCHEDULE "B"
to an Agreement dated July 22, 2009,
between
.gNDREE MIREILLE DEMORGE CLEMENT c.o.b. as Paris Crepes Bistro
and
4613 QUEEN STREET LTD.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Part of Lot 12, Block "AA", Plan 999-1000, To«-n of Niagara Falls, as in Instrument Number
R0580544, except the easement therein, in the City of Niagara Falls, in the Regional Municipality
of Niagara, being all of PIN 64329-0088 (LT).
-8-
SCHEDULE "C"
to an Agreement dated July 22, 2009,
between
ANDREE MIREILLE DEMORGE CLEMENT c.o.b. as Paris Crepes Bistro
and
4613 QUEEN STREET LTD.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
The C~~r of
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Planning anal Davclopmcut
Council Approval 8eptcnabes 12,199
R~visod Ivfansh'2fl03
Sidewalk Cafe Guidelines
Introduction:
The information contained in the Sidewalk Caf6 Guidelines is intended tcrscrve as a general guide
to those wishing to establish a sidewalk caf6 on municipal property and to assist staff in the review
of applications for a sidewalk caf6. The Guidelines establish general provisions which are to be
considered to ensure safety, aesthetics and compatibility with adjaocnt land uses. The Guidelines
do not replace any rcquiromarts of any other agency, including the Alcohol ~ Gaming Commission
of Ontario (AGCO).
Each application will be reviewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council of the Corporation ofthe City ofNiagara Falls,
its officers and rmployecs arc not bound by the infomiaiion contained in the Guidelines,nor arc they
liable for any reliance placed upon the contents of the Guidelines by any person.
The sidewalk eafd shall conform to any applicable provisions of the Zoning $y-law, the Ontario
Building Code, the Fire Code and Site Plan Control.
D eidnltions:
Outdoor Private Cafe means an outdoor area located cntirelywithin the limits of private property
used on a seasonal basis only for tables and/or seating where meals and/or refreshm.cnts are s erved
and consumed in conjunction with a restaurant on the same pmpaty.
Sidewalk Cafe means thatportion ofmunicipal property between the propertylinc and the travelled
portion of a road used on a seasonal basis for tables and/or seatingwherc meals and/or refreshments
arc scived and consumed in conjunction with a restaurant.
Seasonni means the six month period from May 1 to October 31, both inclusive
~~
~. OI`d~tiat
-2-
Zonfng;
A sidewalk cafb shall be located in a commercial zone where a restaurant is a permitted use. A
sidewalk cafe must be part of a restaurant use established in an existing building as defined in the
Zoning By-law and have a restaurant licence issued by the Corporation of the City ofNiagara Falls.
Occupancy and parking requirements of the sidewalk cafb and the related restaurants will be
calculated on the requirements of the Ontario Building Code, fire regulations and zoning by-laws
whcsc applicable.
Criteria;
Pedestrian Movement -The area required for safe pedestrian movanent will be assessed on a site
specific basis. In most casos, an unobstructed sidowalk width of 3.0 metres (10.0 feet) shall be
maintained for the clear movemart of pedestrians. At the City's discretion, the unobstructed
sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafd is located on a sidewalk
that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian
volumes arc excessive. Sidewalk caf6s shall not normally be considered where the total sidcwallc
width is 3.9 metros (13.0 feet) or less.
FIGURE 2 -PEDESTRIAN MOVEMENT
Placement -The placement of a sidewalk caf6 will abut the propertywheae therelatcd~restaurxnt use
is located. Alternatively, the sidewallc cafd may be placed within 0.9 metres (3 feet) of the curb fact
parallel to the restaurantwithwhichit is associated; in cithor case, the sidewalk cafbmust satisfythe
City's pedestrian movement criteria. Where a sidewallc cafE is to cxtard into the area in front of an
abuttingpropcrty/business,writtcnconsent ofthc affcctedproperty/business ownermustbeprovidcd
at the time of application. Tha sidewalk cafb may be located at the front or exterior side of a
restaurant use,
3-
Design:
Enclosure - The outdoorsidewalk cafe shall be separated from the area ofthe sidewalk reserved for
pedestrian movement through the use of decorative fencing, planter boxes/containcrs or similar
barriers. Such barriers should be free standing, structurally sound and finely fabricated. The height
and placement of the barriers should ensure that sight lints arc not impeded so that safety is ensured,
The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed.
Access - The sidewalk cafE shall be designed to ensure a minimum emergency evacuation route, in
ac cordance with standards of the Ontario Building Code and/or fire regulations, is available at all
times to and from the restaurant. Tn no case shall this route bc.less than 1.0 metres (3.2 feet). The
sidewalk cafE shall not impede any existing barrier_frec access to the restaurant. The design and
placement of a sidewalk cafE should not obstruct public access, access to another use in the same
building, or adversely impact on any adjacent building.
Seating Capacity - A minimum of 1,1 square metres (11.8 square feet) per person shall be used to
determine the maximum seating capacity of the sidewalk cafE.
Service Areas -Busing stations, service bars, electrical service, illuminated signs and lighting
fixtures are not permitted on the public portion of the sidewalk cafE. Decorative garbage containers
may bo strategically provided within the limits of a sidewalk cafE. Umbrellas, fixed awnings and
enclosures, to.gethcr with any support meclunisms, shall not extend beyond the sidewalk cafe area
orencmachintothepcdestrianmovomcntarca. Fixedorretractableawningsshallbcpermittcdonly
where an eucroachmant agreerncnt with the City has been obtained. All permitted accessories shall
be appropriately maintained at all times by the sidewakc cafe licensee.
Approvals:
Appllcatfon - An application to establish a sidewalk cafb on anyportion of municipal property shall
be submitted to Planning and Doveiopmcnt Services, together with the nocessary fccs and drawings
prior to using any municipal Iands, The completed application shall be circulated to the Sitc Plan
Technical Committee for review and comment before onterng into an agreement, Notice of
application must be posted in a conspicuous position on the front of the building which can be read
from the sidewalk, At the discretion of the City, notice of the application may be circulatul to
owncrs/busincss operators abutting the property on either side of the proposed sidewalk cafb for
comment prior to entering into an agrccmart.
Agreement -Where an application for an outdoor sidewalk cafb is approved, the owner and/or
operator shall arter into an agreemart with the Corporation ofthe City ofNiagara Falls concerning,
among other things, the lands involved, period of operation, liability insurance, maintenance and
restoradon and payment of fccs for use of space, The sidewalk cafb owner/operator shall agree to
save harmless the City for anymatter arising as a result ofthe sidewalk eafb and its operation byway
of a certificate of insurance in a form acceptable to tlio City Solicitor. The operator shall be
responsible for securing fumitnro; fixtures, ete., after hours.
Fees -Application fccs, propagation of agrecmart fccs and licence fccs shall be paid in accordance
with the City ofNiagaraFalls By-law regarding schedule of fccs for service as established from time
to time.
Utilities - It will be the responsibility of the operator to secure anynccessary approvals and payment
fccs as may be required by the gas, telephone, hydro, cable companies or similar utility prior to
establishing or. operating an outdoor sidewalk cafb.
Maintenance -The operator will tie responsible for all maintenance of the sidewalk caf6 including,
but not limited to, the cleaning of tables and cafb surface. and the pick-up of fitter. The operator of
the outdoor sidewalk eafb shall maintain the sidewalk in a like condition to that at the time of
cntcriug into an agreement with the municipality,
Seasonal Closure -.All furniture, fixtures and fittings shall be removed from C~typropcrty at the end
of the season in accordance with the terms of the agreement with the City. Any hooks, bolts,
brackets, etc., installed in the sidewallc shall be removed when the tables and fixtures arc not in place
or by November 1, (whichever is first) in order to ensure pedestrian movement or snow cleaning
operations arc not impedal.
Hours -The outdoor sidewalk cafb shall remain closed during the period of 11:00 p.m. and 8:00 a.m.
the following day.
Taxes -The operator shall be responsible for payment of all realty and business taxes assessed
against the sidewalk cafb.
Other Regulations -The operator of an outdoor sidewalk caf6 shall meet tho regulations and by-
laws ofthe City ofNiagaraFalls, Niagara Falls Fire Department, Regional Municipality ofNiagara,
Regional Health Department and.Regional Police Force at all times.
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NIlagar~~al~s Sidewalk Cafe Construction Permit Conditions
General Conditions
1. Sidewalk Cafe Construction Application approval DOES NOT allow occupancy of the cafe. Upon
completion of sidewalk cafe and sidewalk extension decking (if required), Applicants must contact
the Construction Services at (905) 356-7521, Ext. 6227 to arrange for an inspection. Upon
inspection approval the City may issue an occupancy permit.
2. Municipal Works Division -Construction must be notified 48 hours prior to commencement of cafe
construction at (905) 356-7521, Ext. 6227.
3. The sidewalk and road surface shall be kept clear of obstructions and debris to avoid hazard or
inconvenience to the public during all phases of construction and operation of the cafe.
4. Positive drainage shall be maintained at all times.
5. The applicant shall not cut, trim or interfere with any trees located within the right-of-way.
6. All changes and/or deviations from the approved plans and/or location shall be subject to re-
approval by•the City of Niagara Falls.
7. , The applicant accepts the City's right to perform any necessary remedial work caused by the
applicant's operation, subject to the following conditions:
a. The Director of Municipal Works will-give the applicant not less than twenty-four (24) hours
notice of any remedial work required, except for emergency work.
b. If, at the expiration of the time allowed, the applicant or his/her contractor has not completed
remedial work to the Director's satisfaction, the City of Niagara Falls may undertake to have this
work done by whatever means it deems necessary.
c. The applicant agrees to reimburse-the City of Niagara Falls for all cost incurred under (7a) and
(7b) and/or supply the City of Niagara Falls with a Security Deposit, for a specified amount, where
applicable.
Sidewalk Extension Decking
Construction of sidewalk extension decking shall not proceed until required parking stalls have
been purchased from the City's Transportation Services Division -Parking Operations.
Construction of Sidewalk Cafe shall not commence until sidewalk extension decking within the
parking stalls is complete.
10. A minimum clear width of 2 metres must be maintained at all times through the sidewalk
extension decking.
11. A CONTINUOUS 200mm x 200mm curb is to be installed around the perimeter of the sidewalk
decking extension.
12. Drainage holes are to be cut in the perimeter curbing to facilitate drainage along the curb.
13. Railings are to be placed around the exterior of the sidewalk extension decking 1.07 m high with
spindle widths on centre at 0.10 m.
1.4. Railings are to be firmly attached tolhe decking and be constructed so as to provide protection
from someone falling under normal use. The railing system should be constructed so as to
withstand loads, forces and effects from pedestrians.
15. Conspicuity tape is to be placed on corner posts and centre posts to delineate railings at night.
16. Decking surface is to be flush with curbing and sidewalk.
Cfl'g'X ®F NIAGAfltA >FALILS
lsy-law No. 20fl0 -
A by-law to establish Part of Lots 178 and 187 Stamford designated as Parts 1 and 2 on Plan 59R-
14122 and Part of Lot 187 Stamford designated as Part 3 on Plan 59R-14122 as a public highway,
to be known as and to form part of Oakwood Drive.
WHEflt~AS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass
a by-law to establish a highway;
TH>E C®iJNCflL ®1F'I'Y~E C®fl2fl'®fltA'g'fl®N ®F'I'JFl[E Cfl'd'X ®>F NgAGAIZA >FALg,S (ENACTS
AS F®I.fl.®WS:
1. That Part of Lots 178 and 187 Stamford, designated as Parts 1 and 2 on Plan 59R-14122, in
the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public
highway purposes.
2. That Part of Lot 187 Stamford, designated as Part 3 on Plan 59R-14122, in the City of
Niagara Falls, in the Regional Municipality of Niagara, be established for public highway
purposes.
3. That said Part of Lots 178 and 187 Stamford, designated as Parts 1 and 2 on Plan 59R-14122
that is hereby established as a public highway, be known as and form part of Oakwood Drive.
4. That said Part of Lot 187 Stamford designated as Part 3 on Plan 59R-114122 that is hereby
established as a public highway, be known as and form part of Oakwood Drive.
Passed this twelfth day of April, 2010.
....................................................
DEAN IORFIDA, CITY CLERK
......................................................................
R.T. (TED) SALCI, MAYOR
First Reading: April 12, 2010.
Second Reading: April 12, 2010.
Third Reading: April 12, 2010.
CY'Y'Y ®F NYAGAII~A FALLS
>ey-law No. 2®fl0 -
A by-law to authorize the execution of a Concession Licence Agreement with the Greater Niagara
Baseball Association respecting concession privileges at M. F. Ker Park located at 3420 Sinnicks
Avenue, Niagara Falls.
TYNE C'®YJNCYL ®F'Y'YYIE C'®RP®YZATY®N ®F T1EYE C'YTI' ®F NYAGAfl~A. FALLS FNAC'Y'S
AS FOLL®WS:
1. A Concession Licence Agreement dated the 12`h day of April, 2010 and made between the
Greater Niagara Baseball Association as Concessionaire and The Corporation of the City of
Niagara Falls as City, respecting the granting of concession privileges to sell refreshments
from the concession stand located at M. F. Ker Park, 3420 Sinnicks Avenue, Niagara Falls,
as attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Concession Licence
Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Concession Licence Agreement.
Passed this twelfth day of April, 2010.
........................................................
DEAN IORFIDA, CITY CLERK
.....................................................................
R. T. (TED) SALCI, MAYOR
First Reading: April 12, 2010
Second Reading: April 12, 2010
Third Reading: April 12, 2010
CITY ®F NIAGARA FALLS
By-Law No. 2010-
A By-law to amend By-law No. 2007-161, being a by-law to regulate the supply of water and to
provide. for the maintenance and management of the waterworks and for the imposition and
collection of water rates.
WHEREAS Section 11 and Part III of the Municipal Act., 2001 authorize a municipality to pass
by-laws respecting matters within the sphere of jurisdiction of public utilities;
ANl) WHEREAS Section 391 of the Municipal Act, 2001 authorizes amunicipality topass by-laws
imposing fees and charges for the use of waste management systems, use of sewage systems or the
consumption of water.
THE C®><1NCIL ®F THE C®RP®RATI®N ®F THE CITY ®F NIAGARA FALLS ENACTS
AS F®LLOVVS:
By-law No. 2007-161, is hereby amended by deleting the SCHEDULE OF RATES, FEES
AND CHARGES attached to it and substituting therefor Schedule "A" to this amending
by-law, being the Schedule of Water Rates, Sewer Rates, Fees and Charges.
2. Repeal By-law 2009-151.
Passed this twelfth day of April 2010.
......................................................
DEAN IORFIDA, CITY CLERK
..................................................
R.T. (TED) SALCI, MAYOR
First Reading: April 12, 2010
Second Reading: April 12, 2010
Third Reading: April 12, 2010
Schedule ~~A"
SCHEDI`TLE ®F RATES, FEES ANI) CHARGES
After Before
1. Service charges: Due Date Due Date
15 mm meter $ 22.97$ 21.88 monthly
18 mm meter $ 22.97$ 21.88 monthly
25 mm meter $ 22.97$ 21.88 monthly
37 mm meter $ 68.93$ 65.65 monthly
50 mm meter $ 137.85$ 131.29 monthly
75 mm meter $ 275.72$ 262.59 monthly
100 mm meter $ 505.49$ 481.41 monthly
150 mm meter $ 965.00 $ 919.05 monthly
200 mm meter $1,723.22$1 ,641.16 monthly
250 mm meter $2,412.50$2 ,297.62 monthly
2. Water rates: After Before
Due Date Due Date
$ 0.9035 $ 0.8605 per cubic metre
3. Flat rates for a private w ater service not met ered by choice or other determination of the City:
After Before
Due Date Due Date
$ 50.08 $ 47.70 monthly includes
30m3 of usage
4. Flat rates for a private water service not metered because of refusal of owner:
After Before
Due Date Due Date
$ 150.26 $ 143.10 monthly
3 x the rate
5. Billing period:
Minimum of one month.
6. Service deposits:
Two times the estimated billing for a billing period with a minimum of the amount of
$230.00.
7. Sewer rates:
(a) Service charge as set out in section 1:
(b) Water rates as set out in section 2:
(c) Flat rates as set out in sections 3 and 4
8, Charge for Installation of Water Service:
92.30%
120.02%
108.90%
(a) 3/4" Service: $1,650.00
(b) Over 3/4" Service Actual cost -Deposit required based on estimated costs.
9. Charge for shutting off or turning on supply of water:
(a) During normal working hours: $ 55.00
(b) Outside normal working hours: $ 165.00
Note: For the purpose ofthis by-law, normal working hours shall mean Mondays to Fridays
(exclusive of holidays) between 8:00 a.m. and 4:00 p.m.
10. Charge for meter removal or reinstallation:
(a) During normal working hours:
(b) Outside normal working hours:
11. Charge for Testing Meter Consumption:
12. Bulls carrier rate for City stand-pipe:
(a) JFor Water
Cost plus 25%
$ 40.00 per hour/per city employee
$ 100.00 per hour/per city employee
At cost with a deposit of $75.00
$ 1..08 per cubic metre
(b) Service deposit: Based on estimated charges for two billing periods,
minimum of $500.00.
(c) Bulls water card purchase $10.00
13. Use of Water for Construction Purposes:
(a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter.
(b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00.
14. Charge for private water service account transferred to tax account:
(a) Per transaction fee of $22.00.
15. Charge for meter purchase to be paid at building/sewer permit issuance
5/8" positive displacement water meter & costs $ 193.47
5/8" x 3/4" positive displacement water meter & costs $ 193.47
3/4" positive displacement water meter & costs $ 225.69
1" positive displacement water meter & costs $ 303.92
1.5" positive displacement v,~ater meter & costs $ 581.36
2" compound water meter & costs $ 2,267.61
3" compound water meter & costs $ 3,140.64
4" compound water meter & costs $ 4,470.57
5" compound water meter & costs $ 8,131.02
4" protectus compound water meter & costs $ 8,135.67
6" protectus compound water meter & costs $ 10,045.94
8" protectus compound water meter & costs $ 13,655.54
CITX OF NIAGARA FALLS
By-law No. ZO10 -
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12`" day
of April, 2010.
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.
N®W THEREFORE TIIE C®UNCIL ®F TIIE C®RP®RATION ®F TIIE CITX ®F
NIAGARA FALLS ENACTS AS FOLLOWS:
The actions of the Council at its meeting held on the 12"' day of April, 2010 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.
The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby
authorized and directed to do all things necessary to give effect to the said actions of the
Council or to obtain approvals where required, and, except where otherwise provided, the
Mayor and the Clerk are hereby authorized and directed to execute all documents arising
therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix
thereto the corporate seal of the Corporation of the City of Niagara Falls.
Passed this twelfth day of April, 2010.
..............................................................
DEAN IORFIDA, CITY CLERK
...................................................
R. T. (TED) SALCI, MAYOR
First Reading: April 12, 2010
Second Reading: April 12, 2010
Third Reading: April 12, 2010