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2010/05/10COUNCIL MEETING Monday, May 10, 2010 Order of Business and Agenda Package NiagaraMIs COUNCIL MEETING Mav 10. 2010 O CANADA Samantha Antonio will sing 0 Canada PRAYER: Councillor Diodati ADOPTION OF MINUTES: Council Minutes of April 26 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. FACS Niaaara Falls 1812 Task Force DEPUTATIONS /PRESENTATIONS Chris Steven, FACS' Executive Director will make a presentation to Council about the Family Centre Expansion project at the Niagara Falls location. The Steering Committee will make a deputation to Council to announce the grant from the Ministry of Culture and inform Council of the project. Public Meeting AM- 2010 -005, Zoning By -law Amendment Application 4955 Clifton Hill Applicant: 1720679 Ontario Limited ( Carmen Menechella ) Elimination of Parking Requirements for Certain Uses Background Material: Recommendation Report: PD- 2010 -36 -AND - Correspondence from Nina Perfetto, Fogler, Rubinoff LLP Public Meeting Amendment to the Animal Control By -law Background Material: Recommendation Report: CD- 2010 -04 -2- PLANNING MATTERS Public Meeting AM- 2010 -11, Zoning By -law Amendment Application 5611 North Street Applicant: Canadian Niagara Hotels Inc. (Anthony DiCienzo) Permit an Exhibition as a Temporary Use. Background Material: Recommendation Report: PD- 2010 -39 3 Public Meeting 26CD -11- 2010 -01, Draft Plan of Vacant Land Condominium 8891 and 8931 Forestview Boulevard Owner Windylane Development Inc. Agent: Chris Millar, Upper Canada Consulting Proposed 107 Vacant Land Units for Townhouse Dwellings Background Material: Recommendation Report: PD- 2010 -37 -AND - Memo from City Clerk THEREFORE BE IT RESOLVED that Council permitthe interested residents an opportunity to speak, should they wish. MAYOR'S REPORTS. ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 CNIB - Request that May 27, 2010 be declared as "CNIB Day" in the City of Niagara Falls. RECOMMENDATION. For the Approval of Council 2. Ontario March of Dimes - Request that the week of May 30 - June 5, 2010 be proclaimed as " National Access Awareness Week" in the City of Niagara Falls. RECOMMENDATION For the Approval of Council 3 Main & Ferry BIA - 2010 Budget and Revised Board of Directors list. RECOMMENDATION: For the Approval of Council 4 Mick & Angelo's Prehistoric Oldtimer's Hockey Club - re Ice hour costs RECOMMENDATION. Refer to Staff for a report. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -4- REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY MW- 2010 -17 - Tender TR07 -2010 for the Landscape Development of the Millennium Trail 4 (Portage Road at Morrison Street to Thorold Stone Road at Stanley Avenue) MW- 2010 -26 - Consultant Appointment Dunn Street Storm Sewer Separation Stanley Avenue to Ailanthus Avenue. RESOLUTIONS 1 THEREFORE BE IT RESOLVED the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed - -5 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2010 -66 A by -law to amend By -law No. 79 -200, to recognize the existing dwelling on the Lands and permit its conversion into two dwelling units. (AM -2009 -028) 2010 -67 A by -law to amend By -law No 79 -200, to permit the erection of buildings and structures on the Lands for the purpose of a billiard or pool room, exhibition hall, pinball or electronic game machine establishment, restaurant, theatre or cinema, miniature golf course, place of amusement and a nightclub and to repeal By -law No 2008 -207 (AM- 2010 -005) 2010 -68 A by -law to amend By -law No 79 -200, to permit a museum on the Lands on a temporary basis in addition to the uses permitted in a GI zone (AM- 2010 -011) 2010 -69 A by -law to authorize the execution of a Licence Agreement with Ontario Hydro Generation Inc., respecting the use of a portion of Hydro Lands, for the purpose of constructing and maintaining the next phase of the Millennium Trail. 2010 -70 A by -law to amend By -law 2002 -129, the Animal Control By -law 2010 -71 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10` day of May, 2010 NEW BUSINESS (5/4/2010) Teresa Fabbro - Fwd' singer Page 1_I From: Dean Iorfida To: Teresa Fabbro Date: 4/16/2010 9 AM Subject: Fwd singer FYI >>> "Laurie" <tanez(cooeco.ca> 4/15/2010 7:22 PM »> Hi Dean - Alcina Cardillo is scheduled to sing on April 26th but cannot make it. Please reschedule her for May 31, Here is your singer for May 10 - Samantha Antonio Samantha is a grade 8 student who is very active in her school's drama club. She loves to sing and she also plays bass guitar Samantha is honoured to sing 0 Canada here tonight. Thanks, Dean. Laurie (5/4/2010) Teresa Fabbro - Re FACS Delegation Page 1 From: Dean Iorfida To: lori.nowak©facsniagara.on.ca CC: Teresa Fabbro Date: 4/29/2010 11.52 AM Subject: Re: FACS Delegation Shouldn't be a problem, Lori Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905- 356 -9083 (Fax) >>> <lori.nowaknfacsniaaara.on ca> 4/28/2010 2:27 PM >>> Hi Dean Theresa Favaro suggested that send you a note asking to book a delegation from FACS to your May 10th city council meeting. We're hoping to have Chris Steven, FACS' Executive Director, along with one of our campaign co- chairs (Anne Kemp, Janie Palmer or Ann - Louise Branscombe) provide information about our Family Centre Expansion project for our Niagara Falls location (at 7900 Canadian Drive). Anne Kemp, Janie Palmer and Foundation Manager Ann Godfrey recently met with Mayor Salci to discuss this project and he is expecting this delegation. I'm sorry this request is so late - Theresa and I have been playing telephone tag for the last couple of weeks and we just connected today Lori Nowak FACS Niagara & FACS Foundation 905- 937 -7731 Ext. 3313 Family & Children's Services Niagara PO Box 24028 82 Hannover Drive St. Catharines, ON, L2R 7P7 Phone: 905-937-7731 Web: htto: / /www.facsniaaara.on.ca Please consider the environment before printing this e -mail. CONFIDENTIALITY NOTICE The information in this E -mail is intended for the use of the addressee named above. If you are not the intended addressee, any disclosure, copying, or distribution of the information or taking of action in reliance on it, is strictly prohibited. If you have received this E -mail in error, please notify the sender by reply E -mail and delete the original message. THANK YOU FOR YOUR COOPERATION (4/23/2010) Dean lorfida - Re: Council Deputation - May 3rd? Page 1� From: Kathy Powell To: Dean Iorfida Date: 4/23/2010 2:14 PM Subject: Re: Council Deputation - May 3rd? Hi Dean, I believe that May 10th would work the best for us. If you could put us in that would be great and I will have additional information forwarded relating to who would be speaking, etc. thanks Kathy »> Dean Iorfida 4/23/2010 1:56 PM »> Kathy Our next meeting would be May 10th. After that, May 31st. Let me know what works for you. Thanks Dean »> Kathy Powell 4/23/2010 1:41 PM »> Hi Dean, Is there a City Council meeting on May 3rd? The Community Artists Niagara Group, in partnership with the Niagara Falls 1812 Task Force have received a grant from the Ministry of Culture to carry out a series of lectures / workshops relating to the War of 1812. The Steering Committee for this project would like to make a deputation at Council to announce the grant and the project. Is that a possibility? Thanks Kathy REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY Subdistrict; His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Planning & Development will provide an animated facade. BACKGROUND Proposal PD- 2010 -36 AM- 2010 -005, Zoning By -law Amendment Application 4955 Clifton Hill Applicant: 1720679 Ontario Limited (Carmen Menechella) Elimination of Parking Requirements for Certain Uses PD- 2010 -36 Niagara,Falls May 10, 2010 That Council approve the zoning by -law amendment application to add a miniature golf course and place of amusement as permitted uses on the property, to increase the floor areas of museums and pinball or electronic game machine establishments; continue parking exemptions and to permit a building height of 22 metres (72 feet) to accommodate architectural features, subject to the details in this report. The applicant has requested a zoning amendment to permit a miniature golf course, place of amusement and nightclub, increase the floor areas of museums and pinball or electronic game machine establishments and permit increased building height for architectural features. This request can be supported because: • the proposed uses are anticipated by the Official Plan for the Clifton Hill Tourist • the proposed uses and floor area adjustments do not increase the parking demands on the property and should not create any off-site parking problems; and, • the requested building height will permit the addition of architectural features that An amendment is requested for a 976 square metre (10,506 square foot) parcel of land known as 4955 Clifton Hill (see Schedule 1). In 2008, Council passed a by -law for the property that reduced parking requirements for a limited range and size of uses. The applicant is now requesting additional uses be permitted, floor areas for certain uses be increased and an additional building height for architectural features be allowed Schedules 2 & 3 show details of the development. May 10, 2010 - 2 - PD- 2010 -36 The property is zoned Tourist Commercial (TC -844) which limits the range of uses on the property to a billiard and pool room, exhibition hall, pinball or game machine establishment, restaurant and a theatre or cinema and exempts those uses from providing parking subject to floor area and seating limits. The applicant is requesting a miniature golf course, place of amusement, nightclub be added to the list of permitted uses on the property and the floor area of museums and pinball or electronic game machine establishments be increased. In addition, the applicant is requesting an increase in height for parapet walls and architectural features of up to 22 metres (72.1 feet) instead of the current limit of 12 metres (39 3 feet) On Council's agenda tonight there is a request to amend the City's Animal Control By -law to permit an exotic animal display on the property Site Conditions and Surrounding Land Uses The building on the subject property was recently redeveloped for a range of tourist commercial uses, including a restaurant and a pinball and electronic game machine establishment. The building occupies the entire property The land is located in the middle of the Clifton Hill Tourist Subdistrict and is surrounded by a variety of tourist commercial uses including hotels, restaurants, attractions and related parking lots Circulation Comments Information regarding the proposed Zoning By -law Amendment was 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 subject to local requirements being addressed Transportation Services No objections. Requested uses .are similar to uses surveyed in the site specific traffic demand analysis. Legal Services, Municipal Works, Building Services, Fire Services No objections Public Submissions A letter from the law firm Fogler Rubinoff on the behalf of Niagara Clifton Motor Inn Ltd et al (Owners of the neighbouring property) is on tonight's Agenda. The letter does not object to the proposal but raises some concerns about a proposed encroachment over Clifton Hill. May 10, 2010 - 3 - PD- 2010 -36 Neighbourhood Open House A neighbourhood open house was held on April 8, 2010 No members of the public attended the meeting to hear about the proposal or express comments ANALYSIS Official Plan The land is designated Tourist Commercial in the Official Plan and is part of the Clifton Hill subdistrict. This subdistrict is to function as the commercial - entertainment centre of the Tourist area. A wide range of commercial /entertainment uses are permitted, including restaurants, cafes, nightclubs, museums and other tourist - related uses. The requested uses conform with those contemplated by the Official Plan for the area. Similar uses already exist along Clifton Hill. Zoning By -law The current site specific Tourist Commercial (TC) zoning of the property permits only a billiard or pool room, exhibition hall, pinball or electronic game machine establishment, restaurant and a theatre or cinema with floor area caps. The applicant has requested that a nightclub, miniature golf course and place of amusement be added and exempt these uses from providing parking. The applicant has requested a nightclub as a site specific use The Official Plan contemplates that nightclubs will locate in the Clifton Hill subdistrict. The Planning Department is studying the definition of nightclub and appropriate regulations. Currently, nightclubs operate in the tourist core as an "after hours" extension of a restaurant or as a dance hall. The latter term (while outdated) would provide for this use until the study is complete The dance hall /nightclub use is to have the same occupancy as the restaurant (330 persons) and should be regulated in the amending by -law The place of amusement and miniature golf course are entertainment uses anticipated for the area and exist elsewhere on Clifton Hill. The following definition should be site specifically added: "Place of amusement" means an arena, assembly hall, bowling alley, ice or roller skating rink, curling rink, miniature golf course, dance hall, music hall, theatre, museum, haunted house, cinema or other place where pictures are projected but does not include (i) a "body -rub parlour" or an "adult entertainment establishment" as defined in the Municipal Act or (ii) amusement game establishment or (iii) a carnival show, circus, merry-go- round, miniature or switch - amusement ride or device or (iv) a billiard hall. The current zoning on the property exempts the site specific uses from providing parking The parking exemption was based on a parking demand analysis which determined the uses would require 21 parking spaces. The property enjoyed legal non - conforming status for 41 parking spaces which were applied as a credit against the determined number of May 10, 2010 - 4 - PD- 2010 -36 parking spaces which resulted in a net of zero (0) spaces The applicant wishes to extend the exemption to the additional uses and larger floor areas The nightclub /dance hall is to have the same occupancy as the restaurant, therefore, no further parking is required The City's Tourist Area Parking Demand Study (deferred) found nightclubs tend to have a lower parking demand than restaurants. The applicant submitted an update to the previously submitted parking demand analysis which demonstrates no additional parking would be required by increasing the floor area occupied by the museum and miniature golf course from 390 square metres (4,198 sq. ft.) to 500 square metres (5,382 sq ft.) and floor area, for the pinball or electronic game machine establishment from 900 square metres (9,688 sq. ft.) to 1,000 square metres (10,764 sq. ft.) There is no increase in the floor area of the building. The applicant is also requesting an additional building height for the purposes of adding architectural features to the facade, including a parapet wall and a ship's mast, as shown on Schedule 3 The signage shown on this elevation would be governed by the City's Sign By -law As these features are intended to animate the facade, do not constitute occupiable space, and do not add to the massing, this request is acceptable FINANCIAL IMPLICATIONS The proposal has no negative impacts on City finances. The rezoning will permit further redevelopment of this property and will further strengthen the Clifton Hill tourist area. CITY'S STRATEGIC COMMITMENT The proposal complies with Official Plan objectives for this tourist area. LIST OF ATTACHMENTS • Schedule 1 - Location Map Schedule 2 - Site plan Schedule 3 - Building elevation Recommended by: Lit-nnt Alex Herlovitch, Director of Planning & Development Respectfully submitted: l4en Todd, Chief Administrative Officer A Bryce mb Attach S -\PDR\2010 \PD- 2010 -36, AM- 2010 - 005,4955 Clifton Hill, Elimination of Parking Requirements wpd May 10, 2010 Subject Land Ft ,j Location: 4955 Clifton Hill Applicant: 1720679 Ontario Limited -5- SCHEDULE1 LOCATION MAP Amending the Zoning By -law No. 79 -200 April 2010 AM -2010 -005 PD- 2010 -36 May 10, 2010 - 6 - SCHEDULE 2 c 0 0 1 0 1\1 ;1St M • 1 ! .1 . s 74 ' LZ- t ./r1111" • . ,■ A!' Ls ' e] 1 k K.01.640ON M,00,61 z 0 .r. (1) PD-2010-36 1 May 10, 2010 -7- PD-2010-36 F ;t111; <1- SdII 3 April a, 1010 VIA ((lli:11 tt Dear ,,ir /tvinc �ill�rll I I ,I' Attention IDiroc[or of Planning ,a Development City of Ni(ag :i e I ails; ('ity ;Mall 4.310 Queen Street mi agora r la!! aril 1.21 6X6 lair Iry NH t ogler. Itubinolr LI,II ) Barristers & Sulicilmrs 95 1-Vcllin}Ilun Sl met bknl 50i1r I !CO, Coconut ( ('0 0 I'onmto, (JN lvIS,l 1/9 'rd 116.11(.4 9700 Fux. 116J-11.118 w tvcr,ib{;Ict{ unn Reply To Nina I'oitette L hruc:t I)iuL 416 941 8860 L mail: riperfettottfoylru; cum Uui role Nn u9171, Rc 49E;0 Clifton Hill (Roll No.. 27254130- 002 - 02000) Lorrincd [By -law Amendment Application City File: AIVI -20'10 -005 Applicant: 1120679 Ontario Limited (Carmen Menecliolla) Please be advised that we are counsel to Beefeater Niagara Limited, C 1 Borland Properties and Niagara Clifton Motor Inn Limited. Our clients have received a Notice of Application and Open House which Is scheduled to proceed on Thursday, April 6 2010 at 7'00 p.m in Niagara Falls Charlie Borland, who is a representative of each of the referenced clients, will he out of the country on the date of the Open House and has asked that we provide you with this correspondence to address thu concerns and position of our clients in advance of the mooting. Please en5010 that this correspondence is filed at the meeting such that the City and the Applicant are aware of our clients' position, While nor clients do not object to the Application in principal, they are however concerned aboiit the manner uJ which the City Attends to ensure that while the project proceeds pursuant to thn Application, it granted, that the Applicant and the City be considerate of the interests of other businesses iu the area In This regard, we trust that the Applicant will apply for road and sidewalk occupancy periniis and that pedestrian and vehicular traffic will not he in anyway impeded between the hours of 10 00 a m and 10 00 p rn Any interference or obstruction of pedebtria and vehicular traffic during lfiio nine will cause damage to our clients ler which they will ho secilciny c.ornf ensation t he (My her.: In the pasl.permilted these types of Application :, and ntlienre, 10 proceed but hart; ialcon no stops to ensure thl t the consiruc,tioir :ii id development of the projects in c,s 110 do uoi impede the operation of other businesses iu ihn area l ltiu c; particularly sitpnricnnt biven That wn are entering into the tourist season and rood closures and othru pedestrian obstructions 6uch as those that occurred last year at the intersection Of Clifton Mill and Onoid,_r Lane would severally prejudice our clients and their various establishments 11 lure is ai fuitiler iusu.w w our clients would like addressed, namely, they are requusting that the: City ensu.rrn that there he no encroachment on their property or city property resulting from tht proposed project and that before any encroachments are granted or permitted by the City whether on city property or otherwise, that our clients be notified in writing by the City l hereforo, the size of the proposed project needs to be considered given the surrounding landowners and their interests R if kno LIP ('lease ensure Mat these issues aro addressed at the meeting as wo intern.! to nwniier the progress of this Application Please ensure that I arrr copied un all future correspondence regarding this Application Yours truly, CatttgE I tDf.;l_[I: P<I I1 ! I N u m l f; NI'! to 00. Clients Page 2 of 2 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2010 -04 Amendment to the Animal Control By -law RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND CD- 2010 -04 Niagarafans May 10, 2010 That Council amend schedule E3 of the Animal Control By -law to allow 4955 Clifton Hill (Dave & Busters) to exhibit exotic animals (felids), conditional upon notification from the applicant that the exotic animals will be displayed To display an exotic animal for a public exhibition, an amendment is necessary to the municipality's Animal Control By -law, listing the land and premises intending to display such an animal. A request has been received to have such a display at 4955 Clifton Hill (Dave & Busters) The handling of any exotic animals on the premises would be carried out by the professionals from Greg Frewin Theatre, who have received approval to display and exhibit exotic animals at their premises Since their approval in 2005, there have been no incidents of concern. From the date of the request to the Council meeting, the applicant has had a change in plans and will not be displaying an exotic animal at this time Nonetheless, they would still like to proceed with an amendment to the by -law Staff feels such an amendment is appropriate conditional upon notification that an exotic animal will actually be displayed. The City's Animal Control By -law (2002 -129, as amended) prohibits exotic animals, with certain exceptions. The exceptions include veterinary hospitals, the Humane Society and lands and premises listed under Schedule "E3" of the by -law Lands and premises listed under "E3" are Marineland, Pyramid Place, which housed a serpentarium at one time, and the Greg Frewin Theatre. Section 10 of Schedule E of the by -law states. Any person may apply to have any lands or premises added to Schedule "E3" by appearing before Council and establishing to the satisfaction of Council that he or she intends to keep the exotic animal for purposes of an agricultural operation, public exhibition and display or a rehabilitation centre. May 10, 2010 - 2 - CD- 2010 -04 A letter from the solicitor representing Dave & Busters (4955 Clifton Hill) requested an amendment to schedule "E3" to permit their premises to exhibit or display a Siberian Tiger, which is a classified as a felid under the Animal Control By -law The display, feeding, handling, cleaning and transportation of the exotic animal would be done by Greg Frewin Theatre staff ANALYSIS /RATIONALE In conjunction with the Planning Open House, staff prepared notification to the public about the request for an amendment to the Animal Control By -law In addition, staff circulated the request to the Humane Society for comments. The Humane Society had no opposition, in light of the past good practices of the Greg Frewin Theatre The Humane Society inquired about the type of enclosure, which staff was satisfied would provide an appropriate barrier between the public and the exotic animal. At the Planning Open House, the solicitor indicated that the applicant no longer intended to display a Siberian Tiger but still wanted to proceed with the amendment to the by -law in case there was a change in plans. The premises would be displaying exotic birds, in lieu of the Siberian Tiger An amendment to the by -law is not required for exotic birds. Based on the track record of the Greg Frewin Theatre, staff has no difficulty recommending an amendment to the by -law; however, in light of the change of plans by the applicant, staff would recommend that the applicant be given approval in principle, with the amendment to the by -law only proceeding when the applicant actually displays an animal defined under the Exotic Animal section of the Animal Control By -law The applicant would be required to give the City notice before the display of the exotic animal was to proceed, so appropriate inspections can take place LIST OF ATTACHMENTS Request Letter from Broderick & Partners Exotic Animal section of the Animal Control By -law Recommended by: Respectfully submitted: DI Deah lorfida, City /Clerk i Keh Todd, Chief Administrative Officer 4625 Ontario Ave. P O. Box 897 Niagara Falls, ON Canada L2E6V6 tel 905.356.2621 fax9o5. b rode ri ckpartne rs. com 1.1. Broderick Q.C., L.S.M. LAW SOCIETY CERTIFIED CIVIL ITIGATION SPECIALIST W. A. Amadio J. B. Hopkins G. A. Kirkham I. M. Gilberti FLUENT IN IOWAN & FRENCH R. B. Burns E. P Lustig M. DiGirolamo Z. Saskin D. F Marinelli ( 1 997) DELIVERED March 22, 2010 The Corporation of the City of Niagara Falls P O Box 1023 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Attention: Dean lorfida, City Clerk Dear Mr. Iorfida: Re: Request for Amendment to Schedule E3 of the Exotic Animal section of the Animal Control By -law Please be advised we act as solicitors for 1720679 Ontario Limited, who owns the lands municipally known as 4955 Clifton Hill, Niagara Falls. We wish to address City Council, at your earliest convenience, in order that we may request, on our client's behalf, that an amendment be made to Schedule E3 of the Exotic Animal section of the Animal Control By -law to permit our client the ability to exhibit or display exotic animals (a Siberian Tiger and various birds, all belonging to Greg Frewin) at its property We enclose herein information regarding these exotic animals with respect to their display, feeding, handling, cleaning and transportation prepared by Mr Frewin's staff. Kindly please advise if there is any further information required with respect to this request. We shall await your reply with respect to our request to address City Council. We thank you for your attention hereto. Yours very truly, IMG:ays Encls. cc. Mr Carmen Menechella Mr Robert Lalonde BARRISTERS & SOLICITORS Broder &Partners LLP Effective legal service in Niagara since 1951. LLP 5781 Ellen Avenue Niagara Falls, ON L20 31'8 w w w. g re g f rew i n t h c a are, c o m Thursday, March 18, 2010 BIRD and TIGER exhibition at DAVE & BUSTERS (Clifton Hill Location) The "THE EXOTIC BIRDS OF GREG FREWIN" and "THE EXOTIC CATS OF GREG FREWIN" EXHIBITION will begin as of the Friday of the May long weekend and proceed throughout the year. DISPLAY AREA: The birds will be displayed within the facility. The display will be of tempered glass enclosure with proper ventilation, and a full compliment of real - looking concrete tree and stone structures. Real tree branches and natural toys will be constantly updated for the bird's better welfare. The floor will be a sand bottom base, or one with sheet paper for easy cleaning and maintenance. FEEDING, WATERING AND CLEANING: The bird enclosure will be cleaned daily. Also, the birds will be properly fed with a balanced diet once daily. There would be one of a selected few individuals who personally work for Greg Frewin who will be in contact with the birds. Those qualified individuals will feed, water, maintain and clean the facilities while the birds are still in the enclosures. TIME PERIOD OF DISPLAYING OF BIRDS: The exotic birds will be on display at all times. DISPLAY AREA: (REG FI EWIIM THEATRE THE EXOTIC BIROS OF GREG FREWIN THE EXOTIC CATS OF GREG FREWIN P, 905 - 354.0777 F 905 -354 0771 tickets@?grcgfrewinlheaue.com The cat will be displayed in one location within the facility. AZA (Association of Zoos and Aquariums) recommended space for the health and safety for the exhibition of a tiger Is a minimum of 450 sq ft. The area at the Dave and Busters location is well within these guidelines, as it will measure 550 sq ft in size and will have a ceiling of at least 10 feet. The structure will be built with a heavy duty tempered glass, and will be properly ventilated. The temperature will be monitored and kept within a sixteen degree Fahrenheit range between 64 and 80 degrees. The area will have electronic surveillance 24 -hours a day, with live video coverage within all structures, 5781 Ellen AN'cnue Niagara Falls, ON 1,2G 3P8 w el w. grcgf re w i n t h c a t rc.00 m yj 14 GREG FREWI THEATRE Nle.:Al■A en: .Awn, In P 905 -356 -11777 P 1 905- 356 -0771 tickcls 0Pgrcgfrcwintheatre.com THE TIGER: There would be one tiger on location at any given time and it would always be one of Greg Frewin's Siberian Tigers. A tiger will be at the location for a 2 —4 day stay. THE MAGIC OF GREG FREWIN will be responsible for the rotation of the tigers. There may be as many as three different Siberian Tigers in rotation at any given time. Bringing a tiger to and from the location will be always done 'after hours', and will always been done via the side door of the building. The tigers will be moved by 2 experienced tiger handlers from THE MAGIC OF GREG FREWIN. When moving between the truck and the den area, the tiger will always been in a triple locked travelling cage. THE FEEDING, CLEANING AND TRANSPORTATION OF THE TIGERS: There would be one of a few qualified tiger handlers that are sanctioned under the MAGIC OF GREG FREWIN who will be permitted to do cleaning detail and the feeding of the tigers. There would never be ANYONE inside the enclosure with any adult tiger at any time. The feeding and cleaning of the tiger will take place once or possibly twice daily. There will be a 100 sq ft Den area adjacent and attached to the display area. The tiger will be trained to enter the Den Area at a certain time and the Den Area door will shut and lock once the tiger has entered the Den area. At that time, the handler will enter the display area and properly clean out the urine and solid waste. Due to the fact that the tigers will 'mark their territory, it is essential not to completely sanitize the display area daily. The sanitizing will be done once a week. The same procedure will take place with sanitizing as it would be with general cleaning. TIME PERIOD OF DISPLAYING OF TIGERS: The tiger will be on display in the exhibition area from 11:00 am until 10:00 pm daily, From 10:00 pm until 11:00 am, the tiger will be In its den area or off -site at the Greg Frewin Ranch. 1 In this Schedule: - 7 - SCHEDULE "El" EXOTIC ANIMALS "Agricultural Operation" means a business operated outside the Urban Boundary for the principal proposes of agriculture and which involves a commitment of finances, time, size, and scope and with a reasonable expectation of a profit; "exotic animal" means any animal or animals of any class and classes listed on Schedule "E2" attached to and forming part of this By -law; "Rehabilitation Centre" means a facility established for the care and treatment of injured, sick or orphaned animals with the objective of restoring the animals to their former capacity or function and then returning and releasing them to their natural habitant. 2. No owner shall keep an exotic animal in the Municipality unless those animals are kept: (a) in a Veterinary Hospital under the care of a licensed Veterinarian, (b) on the lands and premises of the Humane Society and the Ontario Society for the Prevention of Cruelty to Animals, and such lands and premises, as may be required by the Humane Society or the Ontario Society for the Prevention of Cruelty to Animals, to house or shelter exotic animals, on a temporary basis, because of space or special requirements; (c) on any lands and premises listed on Schedule "E3" attached to and forming part of this By -law; or, (d) in accordance with the provisions of this Schedule. 3 Unless otherwise permitted in this Schedule, no owner shall keep an exotic animal in the Municipality 4 Notwithstanding section 3, every owner who successfully registered an exotic animal pursuant to By -law No. 95 -237 shall be entitled to keep the exotic animul until the exotic animal dies or is otherwise disposed of. 5 All registrations for exotic animals are non - transferable. 6. No person shall be required to register the keeping of an exotic animal, if the exotic animal is kept on any of the lands and premises set out in section 2(a), (b), and (c) of this Schedule. 7 Exotic animals may be kept at an agricultural operation, where the agricultural operation is listed on Schedule "E3" 8. Exotic animals may be kept on lands and premises where exotic animals are kept for public exhibition and display as part of a commercial establishment and which lands and premises are listed on Schedule "E3" 9 Exotic animals may be kept at a Rehabilitation Centre, where the Rehabilitation Centre is listed on Schedule "E3" 10 Any person may apply to have any lands or premises added to Schedule "E3" by appearing before Council and establishing to the satisfaction of Council that he or she intends to keep the exotic animal for purposes of an agricultural operation, public exhibition and display or rehabilitation centre. 11 - 8 - Exotic animals may be temporarily kept on the lands and premises used for a circus or similar exhibition and display of exotic animals provided that Council has given its prior approval for the lands and premises to be used for such a circus or similar exhibition and display of exotic animals. - SCHEDULE "E2" The following list of animal classes shall be considered exotic animals: (a) All venomous arachnids (such as spiders, scorpions and tarantulas); (b) All canids (such as wolves and coyotes), except domestic dogs; (c) All crocodilians (such as alligators and crocodiles); (d) All felids (such as lions, tigers, and cougars), except domestic cats; (e) All venomous reptiles; (f) All snakes of the farnilies Pvthonidae and Boidae (such as pythons and boa constrictors); (g) All ursids (such as bears). Examples of animals of a particular class are given in parentheses and arc examples only and shall not be construed as limiting the generality of the class. Niagara,Falls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2010 -39 AM- 2010 -011, Zoning By -law Amendment Application 5611 North Street Applicant: Canadian Niagara Hotels Inc. (Anthony DiCienzo) Permit an Exhibition as a Temporary Use RECOMMENDATION EXECUTIVE SUMMARY PD- 2010 -39 May 10, 2010 That Council approve the zoning by -law amendment application to permit a museum (exhibition) in the existing building on a temporary basis for a period not exceeding three years. The applicant has requested a zoning amendment to permit an exhibition on a temporary basis for a period of three years. This request can be supported because • a museum is a use contemplated to be located on this land by the Official Plan and will be complimentary to other tourist commercial uses located in the Clifton Hill Tourist Subdistrict; and • the use can be accommodated within the existing building. A future amendment will zone the land to fully reflect the Tourist Commercial designation of the property and will determine any further appropriate uses for the property BACKGROUND Proposal A zoning amendment is requested for the 2 hectares (5 acre) parcel of land known as 5611 North Street (see Schedule 1). An industrial building (the former Gerber plant) is located on the land. The applicant is requesting an exhibition with a floor area of approximately 1,384 square metres (14,900 sq. ft.) be permitted in the building as a temporary use for a period not exceeding 3 years. Schedule 2 illustrates the layout of the building and the portion proposed to be used for the exhibition. The property is zoned General Industrial which does not permit an exhibition. The applicant is requesting an exhibition ( "Bodies. the Exhibition ") be added as a permitted use for a period not exceeding three years. May 10, 2010 - 2 - PD- 2010 -39 Site Conditions and Surrounding Land Uses The property is occupied by the former Gerber plant which has since been converted into warehouses, offices and a retail store (LaPenna's). The exhibit will occupy an area that was used for warehousing and corporate offices. The balance of the property is occupied by a contractor's storage yard and a gravel parking area associated with the building. A casino parking lot is located to the north of the property while a hydro corridor is located to the west. A variety of tourist commercial uses lie to the east of the property, on the east side of Stanley Avenue, while residential and commercial uses lie to the south. Circulation Comments Information regarding the proposed. Zoning By -law Amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Building Services No objections. Applicant to consult with Building Services to determine if there is a need for a building permit to construct fire separation between tenants. • Legal Services, Municipal Works, Fire Services No objections. . ANALYSIS Official Plan The land is designated Tourist Commercial in the Official Plan and is part of the Clifton Hill Subdistrict. This subdistrict is to function as the commercial - entertainment centre of the Tourist Area. A wide range of attractions and other tourist establishments are anticipated including exhibitions (museums). The proposed museum /exhibition is a use contemplated by the Official Plan for this area and will be complementary to other tourist commercial uses in this Subdistrict. The requested temporary use complies with the Official Plan. Zoning By -law The GI zoning of the property permits a wide range of industrial uses. The property is currently being used for light industrial uses such as warehousing and outdoor storage of building materials. It would be preferable to rezone the entire parcel Tourist Commercial to implement the Official Plan and permit the museum /exhibition, however the applicant wants to continue with some of the industrial uses on the property This will necessitate a more comprehensive land use review to determine an appropriate zone to permit current uses May 10, 2010 - 3 - PD- 2010 -39 existing on the site. In the interim, the applicant wishes to immediately proceed with the museum /exhibition and have it opened in time for the tourist season. The proposed exhibition under the term museum does not conflict with these other uses. Should the property be zoned Tourist Commercial in accordance with its designation in the future, a museum will be permitted as -of- right. There will be no alterations to the building as a result of this use. Approximately 27 parking spaces will be required for the proposed use, which is not an increase over the parking required for the former warehouse and office use of the space. Therefore there are no concerns about parking. FINANCIAL IMPLICATIONS The proposal has no negative impacts on City finances The rezoning will permit an attraction that complements the Central Tourist District. CITY'S STRATEGIC COMMITMENT The proposal complies with Official Plan objectives for the tourist areas. LIST OF ATTACHMENTS Schedule 1 - Location Map • Schedule 2 - Floor Plan Recommended by: Alex Herlovitch, Director of Planning & Development Respectfully submitted: Kd3 Todd, Chief Administrative Officer A.Bryce:mb Attach. S: \PDR\2010 \PD- 2010 -39, AM- 2010 -011, CNH, 5611 North Street.wpd May 10, 2010 Subject Land'�,!'�///l. — 420 -HWY — 420 -HWY -IHTQIENER r :Y' Sr SCHEDULE 1 LOCATION MAP Location: 5611 North Street Applicant: Canadian Niagara Hotels Inc. tMERY -S7 j 11 • Amending the Zoning By -law No. 79 -200 1.2353 PD- 2010.39 TalENER- ST- KMHENER NoRT4461 _ _ NORTH Apa AM- 2010 -011 May 10, 2010 North Si ret -5 SCHEDULE 2 •f Kitchener Street O m w PD- 2010 -39 Niagara,Falls May 10, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development PD- 2010 -37 SUBJECT: PD- 2010 -37 26CD -11- 2010 -01, Draft Plan of Vacant Land Condominium 8891 and 8931 Forestview Boulevard Owner: Windylane Development Inc. Agent: Chris Millar, Upper Canada Consulting Proposal: 107 Vacant Land Units for Townhouse Dwellings RECOMMENDATION 1 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 5. That Council receive the discussion on fencing for information purposes. EXECUTIVE SUMMARY 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. The chain link fencing around the stormwater pond to the west of the subject lands is acceptable from a safety point of view Solid wood fencing will be required to be installed where the property abuts future dwellings. No changes to fencing requirements are recommended. May 10, 2010 - 2 - PD- 2010 -37 BACKGROUND Proposal At its April 12, 2010 meeting Council considered an application for a Vacant Land Condominium on 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 attached Staff Report PD- 2010 -28 contains a further description and an analysis of the proposal. At the Council meeting John and Donna Bongers of 6104 Garner Road (to the northwest of the site) expressed concerns about fencing around the condominium development. They suggested that a wood fence along the west side next to the stormwater pond. They were concerned that children from the condominium site may jump the chainlink fence and trespass into the stormwater pond property ANALYSIS The townhouse block(s) were previously approved through plan of subdivision for these lands and the zoning is in place for the multi - family development. Similarly, the stormwater pond was part of the original subdivision plan and the chainlink fence was installed to City standards in accordance with the subdivision agreement. The subject application is to allow for the individual ownership of each townhouse unit through the vacant land condominium process. Typically it is a municipal requirement to have wood fences installed around multiple unit developments (apartments and townhousing) to buffer single detached dwellings. Single detached dwellings are being developed to the east of the townhouses and may be developed in the future on lands to the north. The applicant is proposing a 1.8 metre (6 foot) high solid board fence along the north and east sides of the property to buffer the future dwellings. The chainlink fence abuts the west property line of the subject lands. A wood fence was not proposed in this location as no detached dwellings are located along this side. None of the townhouse units back onto the rear yard of the Bongers. Fencing will be implemented through the condominium agreement and Condition 4 has been amended to require the inclusion of fencing details. The stormwater pond will be assumed by the City as a municipal facility in the future. The chain link fencing around the stormwater pond has been installed in accordance with municipal requirements. It is the City's practice is to enclose stormwater ponds with chain link fencing that is 1 5 metres (5 feet) high to deter trespass. The chain link fencing is preferred for the following reasons: The openness of the fence provides visibility and surveillance from adjacent lands and meets CPTED principles. If individuals trespass or find themselves in trouble in the pond area they will be more readily visible from surrounding properties than if there were solid wood fencing. Chain link fence is more easily maintained and less susceptible to deterioration or vandalism. In the long term, maintenance costs for the City are lower May 10, 2010 - 3 - PD- 2010 -37 An e-mail submitted by the applicant's agent, attached as Appendix 3, includes further comments on this issue. The applicant has noted that the open space adjacent to the pond is not a playground but a passive landscaped open space area serving the residents of the development. Views to the pond and naturalized areas are considered to be amenities which are desired by residents of the housing unit. The Bongers' concerns that children are playing unsupervised on the piles of topsoil will be eliminated when the lands are properly graded, the topsoil piles removed and the land is developed. LIST OF ATTACHMENTS Appendix 1 - Appendix 2 - Appendix 3 - Schedule 1 - Schedule 2 - Recommended by: Respectfully submitted: A.Bryce•mb Attach. Conditions of Draft Plan of Condominium Approval Staff Report PD- 2010 -28 E -mail from Chris Millar, Upper Canada Consulting Location Map Draft Plan of Condominium Alex Herlovitch, Director of Planning & Development ILAA-md 4n Todd, Chief Administrative Officer S: \PDR \2010 \PD - 2010 -37, 26C111- 2010- 01,Draft Plan Conominium,8891 -8931 Forestview Blvd .wpd May 10, 2010 - 4 - PD- 2010 -37 APPENDIX 1 Conditions of Draft Plan of Condominium 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 a fire 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). May 10, 2010 - 5 - PD- 2010 -37 10 The developer shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be 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 prior to 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 May 10, 2010 - 6 - PD- 2010 -37 at the nearest private road intersection. 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. Clearance of Conditions , Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - 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) May 10, 2010 Niagara: MIA REPORT TO: SUBMITTED BY SUBJECT: - 7 - APPENDIX 2 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Planning & Development PD- 2010.28 April 12, 2010 PD- 2010 -37 ('THIS MATTER DEFERRED BY COUNCIL PD- 2010 -28 26CD -11- 2010.01, Draft Plan of Vacant Land Condominium 8891 and 8931 Forestvlew Boulevard Owner Windylane Development Inc. Proposal: 107 Vacant Land Units for Townhouse Dwellings RECOMMENDATION } 1 That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1 t 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 condciminium when all matters are addressed to the satisfaction of the City Solicitor EXECUTIVE SUMMARY 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 requirenients are met'with respectto the division and development'of the land. BACKGROUND Proposal The applicant proposes to register a Vacant Land Condominium over the 2.9 hectare (7.2 acre),site to create 107 vacantland units (lots) for the future construction 01'107 townhouse dwelling units. The,land is.located on the north side of Forestview Boulevard, just,east of Gamer Road (see Schedule 1) :Schedule 2 illustrates the layout of the proposed plan. The May 10, 2010 - 8 - 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 302007, File AM- 25/2006). This zoning,permits the proposed townhouse dwelling units on the land subject to site specific development standards. Surrounding Land 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 a zoning 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 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 prodess eliminates the need for site plan approval. The Planning Act requires a „public meeting for vacant land condominium applications 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/bermingconform 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 IMPLICATIONS City development charges for the new residential units will be secured through the Condominium Agreement. PD- 2010 -37 May 10, 2010 April 12, 2010 Recommended by A eryca,mn Attach. - 9 - PD- 2010.28 CITY'S STRATEGIC COMMITMENT 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 ATTACHMENTS 1 Appendix 1 - Conditions of Draft Plan of Condominium Approval 2. Schedule 1 - Location Map 3. Schedule 2 - Draft Plan of Condominium �Aloz Herlovitch, Director of Planning & Development Respectfully submitted: Ken Todd, Chief' Administrative Officer 5.\PDR12010 \PD- 2010.28, 26C0- 11.2010.01,Draft Plan conominlum ,8891 -8931 Poreslvrew Blvd wpd PD- 2010 -37 May 10, 2010 AprIt 12, 2010 - 10 - APPENDIX 1 P112010-28 Conditions of Draft Plan of Condominium 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, fighting 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 comnunication /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 communioatioMtelecommunicatton 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). PD- 2010 -37 May 10, 2010 - 11 - PD- 2010 -37 April 12, 2010 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 may be 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 providea blanket easement to Bell Canada, if required. 13. The developer include in ail offers of purchase and sale, a statement that advises theiprospective 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 prornptly.acknowledge thatdraft approval ot 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. 1 16. Immediately following notice. of draft plan. approval, the owners shall provide the Regional Development Services Division with a written - undertaking that all offers andiagreements of purchase and sale, which may be negotiated prior to 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 Niagere Falls. 17 Adequate access forcurbside collection of waste be demonstrated. 18 The plari 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. 1 May 10, 2010 April 12, 2010 - 12 - 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. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: 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) PD- 2010 -37 May 10, 2010 - 13 - APPENDIX 3 1(4/26/2010) Andrew Bryce - Edgewood Condominium Developer Comments From: "Chris Millar" <cmillar @ucc.com> To: "Andrew Bryce" <abryce @niagarafalls,ca> Date: 4/25/2010 12 40 PM Subject; Edgewood Condominium Developer Comments Attachments: Excerpt- Parkette pdf CC "Jose Costa" <jose @greatgulfhomes.com >, "Katy Schofield" <ka Hello Andrew, ty@greatgulf The following provides a synthesis of discussions and correspondence that ensued following the Edgewood Condominium public Meeting Please accept.this as our.response to be made available'to anyone interested in our position, or for use in your pending report back to Coun We trust this,information and discussionpoints will enable.a conclusion to be drawn, reinforcing staffs original recommendation to approve and enabling Council to make its decision on our application. In speaking with Planning Director Herlovitch following Edgewood Condominium Public Meeting. I was asked to compile a list of observations and comments that would reflect our position on the matter To this end, I am providing the,following.for your consideration and reference in preparation of a report for Council. The neighbours who spoke and the Councillor's push for 6' board fencing along the western limit was a bit of surprise. We were also surprised to hear theSolicitor make comments on chain link fence height The issue raised and pressed by those speakers dealt with, or attempted to leverage children's safety as the concern. We do-not agree with the comments made. d There are a few things we would ask staff to consider in. continuing to support the plan as ' City policy is that a 5' chain link is accepted and.appropriate for safety. This is what is required through the engineering approvals and subsequently the Subdivision Agreement (which had been approved by the City) So to say that a 5' chain link is not sufficient for safety in our case would be to say that all currently 5' fences around SWM pond in the municipality are not safe. Clearly there is cause for PD- 2010 -37 Page 1 May 10, 2010 , (4/26/2010) Andrew Bryce - Edgewood Condominium Developer Comments Page 2 concern over any such comments to the contrary, - 14 - As part of a previously approved Plan of Subdivision, these Blocks have always been for Townhouses, where approved as such and are zoned as such. Concerns over fencing adjacent to this site would have presented themselves during -the prior subdivision approval. This condominiumapproval is essentially only approving -a form of tenure. We do not agree with the Councillor's comments made about the SWM being an unsightly adjacent use. To the contrary, we believe that over time and when the development is completed and permitted to mature, the aesthetic qualitywill continue to improve. Webelieve that one person's impression unkempt conditions can equally be seen by others as a naturalized area. Clearly naturalization of a pond site is'less costly in maintenance and provides for additional benefits such as small wildlife refuge. Marketability of the pond as a feature goes along with the previous comment. It is our belief that a view across the pond area from the at grade amenity space is a positive selling'feature and putting a 6' board fence up would clearly nullify such appeal. On the key topic of parkette use " The parkette is a privately owned space. This is not a public park ' * The parkette is not planned as an active playground. There is no playground equipment planned, The site will,be landscaped and several benches provided. This is a passive space where residents of the condominium corporation who do not back onto the,pond, can'come and enjoy views or sunsets, or just generally have a place to stroll to with pets, etc: • Putting a board fence detracts from this vista quality The west urban area boundary is Garner Road, so views west would generally remain intact well into the future. On the topic of safety: While argued that board- fencing would better serve at keeping children from getting into the SWM pond site, the opposite can also be argued. A board'fence would act tarestrict views onto the pond and'the ability of adjacent residents from witnessing a situation.or potential situation is subsequently'impeded. Iii this regard, surveillance of the pond is equally, ifnot more important to maintain. o Parents can be expected to monitor, attend to, teach their PD- 2010 -37 May 10, 2010 -15- (4126!20101 Andrew Bryce - Edgewood Condominium Developer Comments youngsters about their safety Owning a condominium does not exonerate a parent from monitoring and teaching their children about personal safety the potential dangers of their surroundings, In addition, as a condominium, fencing will not be extended from unit to property line. Some privacy fencing may extend from the units: however, we are not creating pens far the unit owners, but rather having the rear yards open for maintenance access, such as grass cutting andgeneral grounds keeping. The municipality's policy is S' chain link fencing around the ponds and has been deemed safe On the topic of Community image Garner Road willprovide first impression of this development and0e broader subdivision. The positive views"from Garner Road across the pond are seen to'be aesthetically appealing. Placing a board fence along the rear of these units raises concerns that it could invite activity of wayward youth in terms of giving them a canvas to deface with graffiti. With a board fence, it makes it difficult to monitor activity on the opposing side; particularly late at night and with no ability for observation other than travelling public of Garner Road. Given this would be set back from the road way would make it less likely to deter the activity and the result would not be a desirable impression for the homeowners or the community residents on the whole " It is unclear who would be responsible for the cleanup costs continued prevention and recurrence of a situation that can otherwise be avoided altogether itself and the broader community This is a valid concern of the developer on behalf of The questions raised by the speakers at the Public Meeting can be characterized as "what if' scenarios. The reality in this case is that existing policy should continue to prevail and suffice, We should not be forced to react to \what ifs" when existing policy'is the praiiticed standard accepted tote City 1 would respectfully request that Planning,staff discuss the comments made at the Public Meeting with departments who would have input into fencing and function of these facilities. This I would anticipate as being the Works Department, the Chief Building Official and perhaps seek clarification from the Solicitor on his comments made during the meeting. To assist anyone who - perhaps misunderstands the purposeand composition of the parkette space at the west side, khave taken an excerptfrom the Landscape Plan (which has been through at least two site plan review submissions) andadded some colour to help distinguish what the area is PD•2010 - 37 Page 3 May 10, 2010 (4/26/2010) Andrew Bryce - Edgewood Condominium Developer Comments planned to be comprised of I trust this will help understand its role in the development In closing, there has never been intention or desire to block views onto and from the pond site as it is both a positive marketing feature and community first impression, just as it provides the ability to monitor and survey what is happening in the pond site from a safety and eyes on perspective. Thank you for the;opportunity to provide this information. I welcome any further discussion you wish to have on the matter leading.to the completion of you report. Sincerely Chris Millar, MCIP, RPP Upper Canada Consultants 1 -261- Martindale Road St. Catharines, ON L2W 1A1 Tel (905) 686 -9400 Fax (905) 688 -5274 Email cmillar @ucc.com cmailto:cmillar @ucc.com> Website: www,ucc'com <http:f /www.ucc.com> -16 .PD- 2010 -37 Page 4 May 10, 2010 -17 - PD- 2010 -37 Draft Plan of Vacant Land Condominium 8891 and 8931 Forestview Boulevard File No. 26CD- 11- 2010 -01 Subject Land tDRESW1EEW -80/0 SC 1 Schedule 1 Location Map N 1 2353 PDRES7NIEW. -8L t IIHHH Its gEgp,ST{AN�GRE I 1 I 1 I 1 C °t i 1, ci�Y of Nidolia.. l March 2010 May 10, 2010 -18 - Er ,'1 GTI N(: 226 '1{2^1 SCHEDULE 2 PD- 2010 -37 • ERREA Arri mispra' =ifs °°E1 ^N>te ri — L tititit . LILUCI< 247 1 MEAL L . Fl tim„ airs =flog: =a Er.li ESLIFEssif ai 74)1C fl 1 :?•■ 1 24.1 S111EET C' _4fREET T' \ • 1 1,�� 1 • 1 F,ORESTVIEW BOULEVARD C.Y / 24'3 Dal (P OVVII BOCK 240 MEW kl 2311 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS on April 12, 2010, Niagara Falls City Council considered an application for a Draft Plan of Vacant Land Condominium at 8891 and 8931 Forestview Boulevard; and WHEREAS Council deferred a decision on the application, and WHEREAS the public meeting was closed, and WHEREAS in retrospect, the meeting should not have been closed to allow the interested residents an opportunity to speak when the application returned to Council, and WHEREAS the application for Draft Plan Condominium has not materially changed and, as a result, it was not necessary to notify the public; and WHEREAS as a courtesy, the residents who appeared on April 12t have been notified regarding the return of the application before Council on May 10t THEREFORE BE IT RESOLVED that Council permit the interested residents an opportunity to speak, should they wish. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR April 16, 2010 Mayor's Office 4310 Queen St. P O. Niagara Falls, ON L2E 6 Shades of Fun: How to Celebrate Vision Health Month in Niagara Falls Dear Mayor Ted Salci, CNIB has declared the month of May Vision Health Month. Fun and informative activities will be taking place across Canada, encouraging citizens to protect their eyes and have regular exams to prevent eye disease. Thursday, May 27 is "Shades of Fun" day Cities, organizations and individuals will be raising awareness and funds for CNIB in a unique and engaging way that involves wearing sunglasses to work. Collectively wearing sunglasses on this day demonstrates a commitment to eye health, as excessive exposure to sunlight is a contributor to the development of major eye conditions such as cataracts and age - related macular degeneration. It's easy for your city to support Vision Health Month. Some ideas are - declare Thursday, May 27 CNIB Day in Niagara Falls encourage staff to wear sunglasses to work and donate $2 to CNIB - hold a public yoga event — join the CNIB Great Canadian Yoga Stretch host a fundraiser such as a dinner, barbecue or picnic - collaborate with CNIB to leverage media opportunities CNIB has been a vital charity in Canada for over 90 years, providing blind and partially sighted Canadians the confidence, skills and opportunities to reach their goals. Our aging population is turning to CNIB at a record pace — over one million people contact CNIB each year - and we really need your support. I hope you will celebrate Vision Health Month and show Niagara Falls shades of fun! Kris Usher Director, Development — Western Ontario 519 - 685 -8420 ext. 5147 kris.usher(Wcnib ca vision health. vision hope. 749 Base Line Road East London ON N6C 2R6 a cnib.ca T 519 - 685 -8420 e TTY 1- 866 - 385 -3433 1- 800 - 563 -2642 ' F 519 - 685 -8419 HONOR IRr PATRON P4I'RON HOr \'ORAIRL The Honourable / L'honorable David C. Onley, 0 ont ont L,eutenant oo._ m r nt Ontario L,eutenanfguuverneur tl? 10ntano PATRONS ' PA IRONS The Honourable / L'honorable Lincoln M Alexander, PC CC O Unt,UC CP C, Ont CR The Honourable / L'honorable Henry N.R. Jackman, oc 0 urn 00 'n ont Veronica Tennant, c c .0L The Honourable / L'honorable Hilary M Weston, o 00,0 ont HONORARY UL11R PRESIDENT HONORAIRF The Honourable / L'honorable David Peterson, PP 0C 6P CR HONORARY C4 I IGN (114/1? PRESIDENT HONOR -I1HE DE L 4 G41184 GAF Leslie Nielsen, o c nc CHAIR , PRESIOEI\ T DC CO \SEIL D 1I DIHNISTRATION M. Elizabeth Grevdle, LL a PRESIDENT & ('FO DIRE('TR/CE GENERA LE LE ET POG Andria Spmdel, nl s w 3340 Schmon Parkway, Unit IF Thorold, Ontario L2V 4Y6 Tel./7610p. (905) 687 -8484 1 800-263-4742 raxITelec (905) 685 -6651 www.marc hofdi mes.ca Ontario March of Dimes Charitable Registration No / La Marche des Dix Sous de I'Ontauo No enreg oeuvre de bienf (BN) 10788 3928 RR0001 March 1, 2010 HMG. FALLS CLERKS '100Ad 1_P City of Niagara Falls c/o Dean Iorfida, City Clerk and Acc. Contact P O Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr Iorfida. ONTARIO LA MARCHE MARCH DES DIX SOUS 16 ® OF DIMES DE L'ONTARIO National Access Awareness Week is from May30 - June 5, 2010. National Access Awareness Week's mission statement is to challenge all Canadians to affect changes through community partnerships that result in equal access and full participation of persons with disabilities in all aspects of Canadian life. The Ontario March of Dimes - South Region is continuing to highlight this important designation by hosting a Breaking the Barrier Awards Ceremony to pay tribute to local businesses, organizations and individuals for their contributions that result in the integration of persons with disabilities in our community Past recipients of the Breaking the Barrier Awards have been people who have made their business barrier -free, employers who have hired persons with disabilities, or volunteers who have devoted their lives to empower persons with disabilities to achieve independence. If you know an individual, organization or business in your community that is deserving of such an award, please complete the enclosed nomination form and return it to my attention by April 30, 2010. In addition, we cordially invite you to celebrate National Access Awareness Week by attending our Breaking the Barrier Awards Ceremony on Wednesday June 2, 2010 at 11 a.m. at the Market Square in St. Catharines. Please feel free to copy and circulate this invitation to other colleagues and organizations who ma} wish to submit a nomination or join in the celebrations. We look forward to receiving your nomination and/or seeing you at the ceremony Sincerely, Lorraine Nadeau, Chairperson National Access Awareness Week Committee Enc. creating a society inclusive of people with physical disabilities Greer une society englobant les personnes ayant un handicap physique ti NATIONAL ACCESS AWARENESS WEEK MAY 30 - JUNE 5, 2010 ONTARIO LA MARC HE MARCH DES DIX SOUS OF DIMES DE L'C NTARmO "BREAKING THE BARRIER" AWARDS National Access Awareness Week's mission statement is to challenge all Canadians to affect changes through community partnerships that result in equal access and full participation of persons with disabilities in all aspects of Canadian life. Ontario March of Dimes - South Region continues to highlight this important designation by hosting a "Breaking the Barrier" Awards Ceremony to pay tribute to local businesses, organizations and individuals for their contributions resulting in the integration of persons with disabilities in our community A selection committee will choose up to 10 `Breaking the Barrier" award recipients from all nominations received. Past recipients of the "Breaking the Barrier" Awards have been people who have made their business barrier - free, employers who have hired persons with disabilities, nr volunteers who have devoted their lives to empower persons with disabilities to achieve independence. Additionally, the selection committee will award one recipient for each of the following from all nominations received: 1. "The Joe Dineley Commemorative Award ", sponsored by Dell - Lewis & Krall Home Health, awarded for exceptional leadership and commitment to furthering the integration and accessibility of persons with disabilities in the Niagara Community 2. "AccessibleNiagara.com Award ", presented by Phoenix Counsel Inc. and Linda Crabtree, awarded for the exceptional provision of accessible tourism in the Niagara Community 3 " The Volunteer Excellence Award ", sponsored by Willy McLeod, awarded to an exceptional volunteer who facilitates the integration or accessibility of persons with disabilities. The award nominees should meet the following criteria: • Promote the integration and/or independence of persons with disabilities in all aspects of community life through physical accessibility and/or social acceptance • Not to be given to those whose paid employment role, or educational requirement is to promote the independence or integration of persons with disabilities in the community • Community -based — residing or located within the Niagara Region If you know an individual, organization or business in your community that is deserving of such an award, please complete the attached nomination form and return it to Ontario March of Dimes — Employment Services Office by Friday Anril 30. 2010. (Over) NOMINATION FORM Name of Nominee: (individual /organization) Contact Person: (for business /organization) Mailing Address: Telephone Number - Home: Work: Postal Code: Please indicate the category where the nominee furthered the integration and/or independence of persons with disabilities: Communication Education Employment _ Transportation _ Recreation Housing Tourism Volunteer work Commerce Other (Please identify): — Please describe in detail the nature of the nominee's contribution towards integration and/or independence of persons with disabilities (e.g. role nominee has played in improving access or integration for persons with disabilities). Please attach your description on a separate page and include any supporting documentation to assist in determining your nominee's eligibility for an award. Name of person submitting the nomination: Address: Telephone Number: Home: Work: Signature Date Postal Code: PLEASE SEND NOMINATION FORM AND SUPPORTING DOCUMENTS BY APRIL 30/10 TO: The "Breaking the Barrier" Awards Nomination Committee Ontario March of Dimes 243 Church St. St. Catharines, ON L2R 3E8 Attention: Lorraine Nadeau, Chairperson Fax: (905) 687 -9522 or email : lnadeau @marchofdimes.ca (4/29/2010) Dean lorfida ; Main & Ferry BIA 2010 Budget.doc MAIN Si FERRY 13 USINESS IMPROVEMENTASSO CIATION 6060 UAIN ST NIAGARA FALLS, ONT LG 57.9 2010 BUDGET Beautification & Revitalization* $50,300 Insurance 2,000 Accountant's Fees 2 ,000 Advertising/Notices 500 Bookkeeper 200 TOTAL 55 000 * Beautification & Revitalization comprised of: Contribution to streetscaping reserve Flower basket program $45,300 5,000 TOTAL Beautification & Revitalization $50,300 Page 1 (4/29/2010) Dean lorfida - officers and board 2010 -11 doc Page 1 °1VIAIN & FERRY BUSINESS IMPROVEI\IENTASSO CIATION (3060 MAIN ST NIAGARA FALLS, ONT L2G 5Z9 Officers and Board members for 2010 -2011 As appointed and ratified at the Main & Ferry BIA meeting held 14 April 2010 Chair: Ruth Ann Nieuwesteeg 6060 MAIN ST NIAGARA FALLS, ONT TELEPHONE: (905) 358 -3513 FAX. (905) 358 -6863 Vice - Chair: Anthony Pingue 54135 FERRY ST , NIAGARA FALLS, ON Treasurer Darlene Costello 5990 MAIN ST, NIAGARA FALLS, ON Secretary CouncillorJanice Wing 5993 BARRER ST NIAGARA FALLS, ON Directors Sheana Scordas 5745 FERRY ST, NIAGARA FALLS, ON Victor Fraone 6026 MAIN ST, NIAGARA FALLS ON Vijay Kapur 5824 MAIN ST, NIAGARA FALLS, ON Jarmila Revjold 5815 MAIN ST, NIAGARA FALLS, ON John Pinter 5400 ROBINSON ST , NIAGARA FALLS, ON City Council appointee 2006 -2010• Councillor Janice Wing VI/ UV/ /.VVV VV Oa A. April 19 2010 Mick & Angelo's Prehistoric Oldtimer's Hockey Club 6462 Caledonia Street Niagara Falls, Ontario Mayor Ted Salci and City Council Niagara Falls, Ontario Concerns regarding the Arena Ice Hour Costs Dear Mayor and Council Members: Each year for the last 33 years we have run in conjunction with Clancy Old Guns Hockey Club a very successful Al Reid Ilockey Tourney in our city attracting close to $2million dollars to a very slow economy at that time of year. We bring in approximately 1,800 visitors to the city, but it is getting tougher and tougher as cost keep going up and up. Ice hour costs are now to a ridiculous amount, especially when we subsidize a lot of recreation with our tax dollars. The rise in the ice costs has gone up faster than anyone's wages each year. Many young men and women are being driven away from our sport, because they cannot afford to pay the increased registration fees to play hockey Basketball, Soccer and other sports are benefiting but they don't have the costs associated with paying the high ice rates per hour '1 he same is going on with tournaments. We can't keep asking teams to pay $750 or higher to participate in a tourney, they will just stop attending. One thing our fathers of the city have to think about is the revenue brought into the economy with such tournaments as ours and somehow try to attract them instead of discouraging the organizers and the teams wanting to come here. You have taken away our bar and we have negotiated a satisfactory agreement with Johnny Rocco's for a one year trial, but we lose in the long run with the extra ice costs and the new HST this year Somehow, the city must come up with a solution on ice costs in order to keep these events coming and also keep the kids in minor hockey I would be glad to sit down and discuss this with you at any time. Yours truly Winston Auld Manager of The Prehistorics. tov(11 /UU1 Niagaraj4dh REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1 That Tender TR07 -2010 be awarded to Touchstone Site Contractors Inc. (St. Catharines) for the tendered price of $ 303,115 00 excluding GST 2 That the Mayor and City Clerk be authorized to execute all necessary legal agreements and licence documents. EXECUTIVE SUMMARY The Millennium Trail Section 4 development is a continuation of the Millennium Recreational Trail route which runs along the Ontario Power Generation Canal lands. Phase 1 (Section 1) of the Millennium Trail was completed in 2001 and is located along Oakwood Drive, between Mcleod Road and Lundy's Lane This next Phase of trail construction, Section 4, received funding through the Recreation Infrastructure Canada (RinC) program and is approximately 1 4 km in distance. The Millennium Trail project is included in the City's Trails & Bikeway Masterplan (2005). BACKGROUND His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2010 -17 May 10, 2010 MW- 2010 -17 Tender TR07 -2010 For the Landscape Development of the Millennium Trail - Section 4 (Portage Road @Morrison Street to Thorold Stone Road @ Stanley Avenue) Council Report R- 2005 -29 approved the development of this Section (Phase) of the Millennium Trail project. Staff had ongoing planning discussions and site visits with representatives of Ontario Power Generation (OPG) for this project and has their support and approval. Similar to Section 1 of the Millennium Trail, a licence agreement between the City of Niagara Falls and Ontario Power Generation will be formalized for this next section of the Millennium Trail This section of the Millennium Trail will include a parking area at the Portage Road entrance, park benches, signage, and chainlinkfencing (to OPG standards along the Hydro Canal). A tender was issued and seven (7) bids were received Tenders were opened by the Manager of Supply & Services, in the presence of the City Clerk on Wednesday, March 10, 2010 at 1 30 p.m The following chart shows the bid results. May 10, 2010 FINANCIAL IMPLICATIONS Financial Impact of Expenditures Approved RinC Funded Project and in 2010 Capital Budget LEGAL IMPLICATIONS CITY'S STRATEGIC COMMITMENT MW 2010 - 17 BIDDER CITY BID PRICE ( excluding GST) Touchstone Site Contractors Inc. St. Catharines $ 303,115 00 Peninsula Construction Inc. Fonthill $ 309,100 00 Circle P Paving Stevensville $ 309,569.50 Anthony's Excavating Central Inc. Wellandport $ 322,057 00 Stevensville Lawn Service Stevensville $ 356,250 00 Brennan Paving Limited Port Colborne $ 368,752.00 Rankin Construction St. Catharines $ 398,095.00 Staff completed a thorough review of each bid and determined the lowest bid, submitted by Touchstone Site Contractors Inc., was complete and met the specified project requirements. Tendered Costs $ 303,115 00 (excluding GST) Budgeted Amount $ 370,000 (total) (12 -3- 710035 - 030000 P35) Available Funds $ 66,885 00 This tender represents one part of the overall project and further expenditures are anticipated The tendered price is within original forecasts. The City will be required to enter into a Licence Agreement with Ontario Power Generation that includes standard provisions for access, insurance, indemnity and notification. This document has been previously used during the development of Section 1 of the Millennium Trail and has been reviewed by the City Solicitors office The Millennium Trail project is supported by the Parks, Recreation & Culture Strategic Masterplan(January 2007), the Trails & Bikeway Masterplan, and the Trails & Bikeway Committee May 10, 2010 -3- MW- 2010 -17 LIST OF ATTACHMENTS 1 Millennium Trail Plan - showing Section 4 location Recommended by Respectfully submitted: Geoff Holrhnan, Director of Municipal Works Ken Todld, Chief Administrative Officer J.Claydon S: \REPORTS \2010 Reports \MW - 2010 -17 - Millennium Trail Section 4 Development Council Report .wpd Niagara fans 1 s r I LI Li N Millennium Trail Section 4 SECTION LOCATION PLAN G R O S(' • —t• • I _ _ s • 74. • • — • — • , • -• • 0 - • 0 • et -a p - I • - FAIRVIEW CEMETERY CP RAIL MORFijSON 5 5T 1 1:7701 L ENli , - trkIlia ST BR lyGE 5 i i nfikki [ f i l ri — 1 '„• ELM ST , , HURON ST )1 VRON I ll r p p IS 1 , If 1 7 ji Section 4 Location L ::, R ; REPORT TO: SUBMITTED BY: Municipal Works Department SUBJECT. MW- 2010 -26 Consultant Appointment Dunn Street Storm Sewer Separation Stanley Avenue to Ailanthus Avenue RECOMMENDATION 1 That Upper Canada Consultants be directly appointed to complete the engineering design and tender documents for the construction of storm sewers on Dunn Street for an upset fee limit of $26,000 00 2. That the Mayor and Clerk be authorized to execute the necessary Consultant Services Agreement. EXECUTIVE SUMMARY His Worship Mayor Ted Salci And Members of the Municipal Council City of Niagara Falls, Ontario MW- 2010 -26 May 10, 2010 This work forms part of the proposed improvement works for the Fallsview area that includes the Dixon Street cul -de -sac. This storm sewer will provide the storm outlet for future road improvements of Level Avenue, Cleveland Avenue and Dixon Street. It will be completed prior to the official Convention Centre opening date in March 2011 BACKGROUND This project forms an integral part of the improvement of the Fallsview area that includes the improvement to local streets, Level Avenue, Cleveland Avenue and Dixon Street, and the permanent closure of Dixon Street. Staff would like to proceed in retaining a consultant to complete the design and tender preparation that will allow construction to be completed this year in time for the Convention Centre opening. The scope of the work involves the construction of a storm sewer, replacing an existing watermain and relining the existing combined sewer Staff has requested an Engineering Fee Proposal from Upper Canada Consultants which has been attached for your reference ANALYSIS /RATIONALE Upper Canada Consultants have been selected to complete the design and tender for this project as they have previously performed similar work for the City and are very familiar with City standards, policies and procedures. Staff is of the opinion that this consultant is capable of successfully undertaking this project within the required timeless. May 10, 2010 -2- MW- 2010 -26 FINANCIAL /LEGAL IMPLICATIONS The proposed budget is outlined in the attached work plan The estimated cost of $26,000 00 complies with the current policy for direct appointments. The 2010 Capital Budget includes funding in the amount of $26,000 00 to complete the design component of this project. LEGAL IMPLICATIONS The Consultant will be required to enter into a Consulting Services Agreement with the City for the provision of these services CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to establish infrastructure investment priorities and to continue to monitor the efficiency of the organization. LIST OF ATTACHMENTS Upper Canada Consultants Services Proposal Location Plan Recommended by: Respectfully submitted: Geoff Holmah, Director of Municipal Works Ken To d, Chief Administrative Officer R. Volpini S: \REPORTS \2010 Reports \MW - 2010 -26 - Consultant Appointment Dunn Street Storm Sewer Separation wpd __�--' Location - Dunn Street Storm Sewer Separation Niagaraf4J Stanley Avenue to Ailanthus Avenue �IIIII I \ 1) ��i��y + April 2010 Metric Scale 1:5000 ct SUNN m v 1 11 ••• unsex ::.:..••:::•. - ,I \I A [ r { m T r r W 0 jytNCSTONE' • ' 1 • � • • Subject Area I' Convention Centre Property Parcel ' 1 Road I K: \GIS_Requests\ 2010\ Custom\ Inte rnal\ Munworks \DunnStSewerSeparaton.map The City of Niagara Falls, Ontario Council Chambers No, Moved by Seconded by BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. Capital Account No 12 -3- 420017 - 030000 12 -3- 730012- 030000 AND The Seal of the Capital Proiect Description Bridge Street Storm Separation Boys and Girls Club - Facility Corporation be hereto affixed. Financing Request $1,796,891 $2,000,000 May 10, 2010 Retirement Term 10 Years 10 Years DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2010- A by -law to amend By -law No. 79 -200, to recognize the existing dwelling on the Lands and permit its conversion into two dwelling units. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands" Schedule 1 is a part of this by -law 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No 79 -200, the provisions of this by -law are to prevail. 3 Notwithstanding any provisions of By -law No. 79 -200 to the contrary, the following uses and regulations shall be permitted uses and regulations governing the permitted uses on and of the Lands. 4 The permitted uses of the Lands shall be the uses permitted in a R2 zone. 5 The regulations governing the permitted uses shall be: (a) Minimum interior easterly side yard width 1.9 metres (b) The balance of regulations specified for an R2 use 6 All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7 No person shall use the Lands for a use that is not a permitted use. 8 No person shall use the Lands in a manner that is contrary to the regulations. 9 The provisions of this By -law shall be shown on Sheet C5 of Schedule "A" of By -law No 79 -200 by redesignating the Lands from 1 To R2 and numbered 898 8 Section 19 of By -law No. 79 -200 is amended by adding thereto 19 1.898 Refer to By -law No 2010- Passed this tenth day of May, 2010 DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading. Third Reading: May 10, 2010 May 10, 2010 May 10, 2010 SCHEDULE 1 TO BY -LAW No. 2010- Subject Land DELA`NA ST Applicant: Main Street Baptist Church Assessment #• 272507000401700 K: \GIS_Requests\ 2009\ Schedules \2oningAM\AM- 28 \mapping.map SYMMES ST Amending Zoning By -law No. 79 -200 Description. Part of Lots 57 & 58, Plan 272 1:NTS AM- 2009 -028 AprIl 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit the erection of buildings and structures on the Lands for the purpose of a miniature golf course, museum, place of amusement and restaurant. and to repeal By -law No 2008 -207 THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands" Schedule 1 is a part of this by -law 2. The purpose of this by -law is to amend the provisions of By -law No 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law In the case of any conflict between a specific provision ofthis -law and any existing provision of By- law No 79 -200, the provisions of this by -law are to prevail. 3 Notwithstanding any provision of By -law No 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4 The permitted uses of the Lands shall be: (a) Place of amusement (h) Restaurant 5 The regulations governing the permitted uses shall be • (a) Minimum rear yard depth 0 metres (b) Maximum lot coverage 100% (c) Maximum building height 12 metres plus an additional 10 metres which only applies to architectural features including a parapet Nva11 (d) Maximum floor area 3,442 square metres (e) Maximum floor area for all billiard 91 square metres or pool rooms (f) Maximum floor area of all 500 square metres museums (g) Maximum floor area for all pinball 1,000 square metres or electronic game machines -2- (h) Maximum seating in all restaurants 330 seats and dance halls (i) Maximum seating in the theatre or 40 scats cinema (j) Parking and access requirements none (k) Loading area requirements one space, 8 metres long by 3 metres wide and a vertical clearance of 2.4 metres (1) The balance of regulations specified for a TC use 6 For the purposes of this by -law the following definitions shall apply "Amusement establishment" means a building or part thereof within which more than three amusement game machines and /or billiard /pool tables and /or bowling lanes are available to the public. "Amusement game machine" means a mechanical, electrical, or electronic device, including pool tables, activated by the insertion of a coin or token or other revenue collection device for the play of a game of chance and /or skill that is not contrary to the Criminal Code of Canada. "Place of amusement" means an arena, assembly hall, place of exhibition, howling alley, ice or roller skating rink, curling rink, miniature golf course, dance hall, music hall, theatre, museum, haunted house /fun house. amusement establishment, cinema or other place where pictures are projected but does not include (i) a "body -rub parlour" or an "adult entertainment establishment" as defined in the Municipal Act or (ii) a carnival show, circus, merry -go- round, miniature or switch - amusement ride or device. 7 All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9 No person shall use the Lands in a manner that is contrary to the regulations. 10 The provisions of this By -law shall be shown on Sheet D4 of Schedule "A" of By -law No 79 -200 by numbering the Lands 844 11 By -law No 2008 -207 is repealed. 12. Section 19 of By -law No 79 -200 is amended by adding thereto -3- 19 1.844 Refer to By -law No 2010- Passed this tenth day of May, 2010 DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading. Third Reading: May 10, 2010 May 10, 2010 May 10, 2010 S.'2C)NINGVA61S \2010 \Dv -Iu vs \I3vam005 wpd SCHEDULE 1 TO BY -LAW No. 2010- Subject Land Amending Zoning By -law No. 79 -200 Description: Pt Lt 102 PI 1002 Town of Niagara Falls; Pt Lt 106 PI 1002 Town of Niagara Falls As In R0669735; Niagara Falls Applicant: 1720679 Ontario Limited Assessment #: 272503000202000 K: \GIS_Requests\ 2008 \Schedules \ZoningAM\AM -25 \mapping map 1: NTS AM- 2010 -005 April 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No 79 -200, to permit a museum on the Lands on a temporary basis in addition to the uses permitted in a GI zone. WHEREAS pursuant to Section 39 of the PlunningAct, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize the temporary use of land for any purpose set out therein that is otherwise prohibited by the by -law, AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable to enact such a by -law THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands" Schedule 1 is a part of this by -law 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No 79 -200, the provisions of this by -law are to prevail. 3 Notwithstanding any provision of By -law No 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4 The permitted uses of the Lands shall be: (a) The uses permitted in a GI zone (b) Museum 5 The regulations governing the permitted uses shall be: (a) Maximum duration of a 3 years from the date of passage of this museum zoning by -law (b) The balance of regulations specified for a GI use 6 All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7 No person shall use the Lands for a use that is not a perniitted use. 8 No person shall use the Lands in a manner that is contrary to the regulations. 9 The provisions of this By -law shall be shown on Sheet D4 of Schedule "A" of Bylaw No 79 -200 by numbering the Lands 899 10. This by -law expires at midnight on May 10, 2013 and is of no legal force and effect as of that time. 11 Section 19 of By -law No. 79 -200 is amended by adding thereto: 19 1.899 Refer to By -law No 2010- Passed this tenth day of May, 2010 DEAN lORFIDA, CITY CLERK R. T, (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 10, 2010 May 10, 2010 May 10, 2010 WINING \AMS\20/ 0113y- laws\13yam01 I wpd -2- SCHEDULE 1 TO BY -LAW No. 2010- Subject Land KITCHENER ST I j ` I KITCHENER ST 8.5m l 1 Amending Zoning By -law No. 79 -200 NORTH ST 1: NTS Description. Lts 34 -38 N/S North St, Lts 29 -33 S/S Tugby Av, Lts 27 -31 S/S Clifton Av, Lts 32 -36 N/S Tugby Av, Lts 1 -12 W/S Stanley Av & Pt Tugby Av (As Closed By BL17) PI 35 Stamford Being Pts 1 -4 On 59R8047, Except NF55484 & Pt 1 On 59R11290; Niagara Falls Applicant: Canadian Niagara Hotels Inc Assessment #• 272506000306500 AM- 2010 -011 K: \GIS_Requests\ 2010\ Schedule \ZoningAM \AM- 11 \mapping.map April 2010 A by -law to authorize the execution of a Licence Agreement with Ontario Power Generation Inc., respecting the use of a portion of Hydro Lands, for the purpose of constructing and maintaining the next phase of the Millennium Trail. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 A Licence Agreement made between Ontario Power Generation Inc. as Licensor, and The Corporation of the City of Niagara Falls as Licensee, respecting the use of the Hydro corridor adjacent to the Millenium Trail, for the purpose of constructing and maintaining Section 4 of the Millennium Trail, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement 3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement. Passed this tenth day of May, 2010. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 10, 2010 May 10, 2010. May 10, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - This non - exclusive Licence agreement effective as of the 1st day of Apnl, 2010 BETWEEN: ONTARIO I'OWER GENERATION INC., a corporation existing under the laws of Ontano (hereinafter referred to as "OPG ") OF THE FIRST PART TIIE CORPORATION OF THE CITY OF NIAGARA FALLS INC., a corporation existing under the laws of Ontario (hereinafter referred to as the "Licensee" ) OF THE SECOND PART RECITALS. A OPG is the owner in fee simple of the Lands defined below 13. The Licensee has requested OPG's permission to Licence OPG's Lands on a non- exclusive basis located in Part of Lots Pan of Township Lots 90 and 95 Stamford and Part of Township Lots 77, 90, 95 and 108 Stamford in the Township of Stanford, now the City of Niagara Falls, and Regional Municipality of Niagara for the purposes of constricting and maintaining a recreational walking and biking trail commonly referred to as the `Millennium 'frail' and defined below as the Project. NOW' THEREFORE THIS AGREEMIEN'I' WITNESSES that in consideration of the mutual covenants and agreements he' ein contained the parties hereto covenant and agree as follows 1. DEFINITIONS LICENCE AGREEMENT -and- For the purposes of this Licence, the following definitions shall apply (a) "Business Days" means anv day other than a Saturday, Sunday or statutory holiday in Ontario (b) "Lands" means Part of Township Lots 90 and 95 Stamford and Part of Township Lots 77, 90, 95 and 108 Stamford belonging to OPG in the Township of Stamford, City of Niagara Falls, and Regional Municipality of Niagara, shown outlined in black on Schedule 'A' (c) "Project" means the formal request foi a non - exclusive licence to enter the Lands to lay, construct, operate, inspect, alter, repair, maintain, replace, reconstruct and remove the works, in accordance with the installations, appurtences, additions, alterations, partitions and improvements described on drawings LOI, L02, L03, L04, L05, L06, L07, L08, L09, LI0, LI I, L12, L13, LI4 and L15 associated with a recreational walking and biking trail known as the 'Millennium Trail' attached hereto as Schedule `13-1, 13-2, B -3, B -4, 13-5, 13-6, 13-7, 13-8, B -9, B -10, B -11, B -12, 13-13, 8-14 and B -15' Page - 1 - of 25 (d) "OPC Works" means all structures and equipment wherever located, owned or used by OPG In connection with the generation, distribution or sale of electncny including, without limitation, all transmission lines (Including buried cables and wires), towers, poles, guys, anchors and transformers (Including pad mounted transformers, and communication structures and equipment) (e) "HONI works" means all structures and equipment wherever located, owned or used by Hydro One Networks Inc. in connection with the transmission, distribution or sale of electricity including, without limitation. all transmission Imes (including tinned cables and wires). towers, poles, guys, anchors and transformers (including pad mounted transformers, and communication structures and equipment). (1) "Requirements of Environmental Law" means all requirements of the common law or environmental. health or safety statutes, regulations, rules, policies, ordinances, orders, approvals, notices, permits or directives of any federal, provincial or local judicial, regulatory or administrative agency, board or gmemmental authority, and OPG safety guidelines and the Canada Standards Association Standard - 22.3 relating to the Lands, and this Licence and the intended uses thereof including, but not limited to, all requirements imposed by the common law or any statute, regulation, rule, policy, ordinance, order, approval, notice, permit or directive which relate to (t) noise, (ii) pollution or protection of the air, surface water, ground water or land; (iii) solid, gaseous or liquid waste generation. handling, treatment, storage, disposal or transportation, (Iv) exposure to hazardous or toxic substances, or (v) applicable requirements of all federal, provincial or local environmental. health or safety laws (g) "Sketch" means the general site sketch illustrating thereon the property owned by OPG as outlined in black, and the Lands being the subject of this Licence as outlined in black, and on which is also shown certain OPG Works, being Schedule 'A' attached hereto and forming part of this Licence. (h) "Term" has meaning as set out in section 2.0 of this Licence YIELDING AND PAYING therefore a land use charge In the amount of Two ($2.00) dollars (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: 2. TERM AND LAND USE CHARGE In consideration of the land use charge and the covenants and agreements herein, OPG grants permission by the way of non - exclusive Licence to the Licensee to use the Lands, subject to the terms and conditions of this Licence and all existing encumbrances, for a ten (10) year term, commencing on Apnl 1, 2010 and terminating on March 31, 2021 (the "Term") In the event that the Licensee is in default of any of the tern's and conditions of this Agreement, and without limiting the generality of the foregoing, such default may include a failure to comply with any request, instruction or order of OPG or any person acting on its behalf, or a failure to comply with or persistent disregard for statutes, regulations, by -laws or directives of relevant authonties relating to the Projector a failure to perform the Project in accordance with the tens and conditions herein, OPG can, upon delivery of verbal or written notice, and without prejudice to any other nghts and remedies it may have, forthwith terminate this Agreement. In the event of such termination, OPG will have the right to remove any vehicles, equipment, machinery, supplies and other materials from the Lands and to restore the same to their original condition and to recover from the Licensee all costs associated therewith. Page - 2 - of 25 3. USE It is a condition of the granting of this non - exclusive Licence and of the exercise of the rights and privileges hereunder granted, that the Lands, together with all facilities of ingress and egress OPG is willing to grant the Licensee and its employees, servants, amtractws, authonzed representatives and agents a non - exclusive temporary licence to access the Lands for the sole purpose of the Licensee s Project The nght granted to the Licensee is a licence only and shall not under any circumstances whatsoever constitute a nght by the Licensee to have or claim exclusive possession of the Lands and this Agreement shall not constitute nor be interpreted to be either a partnership agreement, lease, grant of easement ur joint venture agreement made between the parties No other use may be made of any part of the Lands, which has not received the pnor written approval of OPG. Without limiting the generality of the foregoing, specific uses for which OPG shall be deemed not to be unreasonably withholding its consent in the event of OPG refusing to give its approval include any uses whether temporary or not that in the opinion of OPG are associated with the accumulation or piling of garbage, soil, or any other substance or material which in the sole opinion of OPG constitutes a public hazard or nuisance, or a danger or impediment to the effective and efficient operations of OPG, OPG Works or HONI's Works. 4. THE LICENSEE'S COVENANTS The Licensee hereby covenants with OPG as follows. (a) to perform the Project in strict compliance with the terms and conditions set out in this Agreement, (b) on completion, the Licensee shall provide OPG with a full set of as -buds drawings, (c) the Licnsec hereby accepts the Lands on an "as is, where is basis, (d) it shall not in any way interfere with the flow of the Hydro Towel Canal; (e) it shall not deposit or permt the deposit of any debris on the Lands, abutting land or into the Hydro Power Canal and the Licensee shall implement and install protective measures to ensure the same as is reasonably necessary or as may be requested by the Licensor (f) the Licensee shall notify and advise its authorized representatives of the terms and conditions of this Licence Agreement, and the Licensee shall assume full responsibility for the acts or omissions of its authorized representatives and all other persons or entities permitted by the Licensee to enter the Lands in their use and occupation of the Lands and shall forthwith remove from same any individual that OPG, in its sole discretion, deems to be acting in an incompetent, illegal or unsafe manner, (g) any OPG bndge located on the Lands shall be used by the Licensee solely for access to the OPG Lands for the performance of the Project, and acknowledges that said access is not open to public traffic, (h) the Licensee and its authorized representatives may access the Lands or conduct the Project without a representative of OPG being present, provided that OPG may, in its sole discretion, have a representative on the Lands during the conduct of the Project; (i) the Licensee shall ensure that no vehicle exceeds a maximum speed limit of 20knr/lu when on OPG Lands, (j) the Licensee will he responsible for snow cleanng along the Lands as required and the Licensee acknowledges that OPG does not maintain or clear snow along the Lands; (k) the Licensee will be responsible to obtain any necessary permits and or approvals for the Project including a Niagara Plant Group dig permit where and when applicable; Page - 3 - of 25 (1) the Licensee covenants and agrees to repair or pay the reasonable cost of repair of any damage occasioned dunng and resulting from the Project or use of the Lands on the Lands to the satisfaction of OPG, (m)the Licensee shall provide OPG with copies of all reports, findings, data, test results or other infomiation resulting from the Project, to the extent such reports. findings, data, test results or other information related to the Lands, (n) the Licensee covenants and agrees that all test results, records and reports pertaining to the Protect on OPG Lands and the information contained therein is strictly confidential and the Licensee represents and warrants that neither the Licensee nor Its authonzed representatives will release the results, records and/or reports or any of the information contained therein to any other individual or corporation or to any federal, provincial or municipal agency or institution or any other government body, domestic or foreign, without the express written consent of OPG, and the Licensee shall refuse all requests for such results, records and /or reports or information in the absence of OPG's express consent, unless compelled to do so by competent judicial or administrative authonty, (o) to comply satisfactonly with all instructions of OPG's inspectors including without limitation instructions to halt business and operations if, in the opinion of such inspectors, the OPG Works or HONI Works or the safe or efficient operation thereof or access thereto may be interfered with, (p) to erect traffic controls un the Lands if requested by OPG, (q) not to operate or permit to be operated vehicles or other equipment within 10 feet of any OPG Works or 1-IONI Works, (r) not to alter the existing grade, contours, drainage, or water courses, nor apply gravel or asphalt to the Lands, nor erect or construct any building. structure or facility on the Lands, including retaining walls that have no already been described in the Project, without first having obtained all required municipal and governmental permits and approvals, and only atter submitting detailed plans for the approval of OPG and having obtained OPG's pnor consent thereto; (s) to comply with all technical specifications of OPG -as OPG may at any time and from time to time require and to ensure all employees and contractors of the Licensee observe same; (t) at it's sole expense to carry out and perform all aspects of the Project. whether or not required by OPG, in a good, substantive and workmanlike manner, (u) arrange and maintain throughout the term of this-Lieence or any extension thereof, the following - insurance and pay all premiums during the term of this Agreement or any extension thereof with respect to such insurance insurance of the type commonly called commercial general liability Insurance which shall include coverage for personal injury, (including death), and property damage, all on an occurrence basis with respect to all operations carried out upon the Lands and the Licensee's use and occupancy of the Lands, with limits for any one occurrence or claim not less than $5, 000,000.00, which amount may be increased if OPG, in its sole discretion, so requires. Such insurance shall name OPG as an additional insured party and shall contain a severability of interests and cross - liability clause. A certified copy of the insurance policy, evidencing the above, must be provided to OPG before the Licensee will be permitted to enter onto OPG Lands, (v) the Licensee shall be responsible for all loss or damage to Its, and its authorized representatives equipment, vehicles, tools and chattels brought onto the Lands, including loss or damage occasioned by the acts or omissions of OPG and the Licensee acknowledges that it and its authorized representatives bnng such equipment, vehicles, tools and chattels onto the Lands at their own risk; (w) the Licensee shall promptly comply with or conform with the requirements of every applicable statute, law, bylaw, regulation, ordinance, requirement and order from time to time or at any Page - 4 - of 25 time inn fm ce during the tens of this Licence and anv extensions affecting m any way the use or occupation of the Lands, without limiting the generality of the foregoing, at its own expense, to comply with all Requirements of Environmental Law relating to the Lands, or the Licensee s occupancy thereof. including without limitation, respecting the clean -up of unauthorized dumping or remediation of any condition of the Lands, and said building(s) including water, whether or not pre - existing The Licensee acknowledges having had the opportunity to inspect the Lands pour to entenng into this Licence and accepts the Lands "as is"; (x) during the Term, the Licensee shall report immediately to OPG any health and safety conditions, accidents or incidents occurring during pet fonnance of the Pr oject; and (y) the Licensee shall not commit or suffer an nuisance, waste 01 injury to the Lands, and shall not use or permit to be used any part of the Lands in any dangerous, noxious or offensive manner and shall not cause or permit any nuisance in, at or on the Lands which is offensive or an annoyance to OPG or the community 5. PROTECTIVE INSTALLATIONS In the event OPG considers it necessary that any of the OPG Works and HONI Works be fenced or otherwise protected or made separate, The Licensee shall at its own expense, erect and maintain such fences or other protective installations as OPG may reasonably require 6. INCREASE IN GPG'S COSTS If at any time or tunes the Licence or any of the operations carried out pursuant to This Licence or any improvements made to the Lands by or for the benefit of The Licensee should, in the opinion of OPG acting reasonably, directly or indirectly increase the cost or expense of any of the presently existing OPG Works or any works requncd by OPG in the future, or the maintenance, construction or operation thereof, The Licensee shall pay to OPG on 30 days' prior wnttcn notice, such metcase m cost or expense of which is mutually agreed upon by the Licensee and OPG acting reasonably including without limitation. the cost to OPG of acqumng any additional lands or rights which would not have been required but for the existence of this Licence, or The Licensee's improvements, use in possession of the Lands, The Licensee shall have the option of terminating this Licence within such 30 day notice period, in which event all other provisions of this Licence including without limitation shall be applicable. 7 LICENCE SUBJECT TO ENCUMBRANCES This non - exclusive Licence and the Licensee's interest herein shall be subject to all existing leases. licences and nghts of use or occupation which may exist at the date of this Licence, whether or not registered, and OI'G may from time to time renew or extend these arrangements or enter into new ones, whether or not with the same parties, and to which new arrangements this Licence shall also be subject, so long as the rights granted thereunder do not interfere unreasonably with the Licensee's Project Despite anything to the contrary in this Licence the Licensee acknowledges that OPG in its discretion shall be entitled at any time(s) to permit part(s) of the Lands to he used by it or its pemmittees (collectively the "Permittees") for further or other purposes. uses, businesses or undertakings (the "Other Uses') of its choice that do not interfere unreasonably with the operations of the Licensee, and to renew extend, or grant such nghts and make and complete such arrangements in this regard with such Pennittees as OPG considers necessary or desirable, all at no further expense or condition and without being in default under this Licence or otherwise liable to the Licensee The Licensee agiees to cooperate and discuss in good faith and in a timely fashion with OPG and such Pennittees all proposals, impacts or reasonable requests of OPG or other Pennittees at any time(s). Should OPG notify the Licensee at any tune(s) that OPG wishes to renew extend, or grant nghts Page - 5 - of 25 and make arrangements to authorize such Other Uses, the Licensee hereby covenants to accept and consent to eacli of the same 8. HEIGHT RESTRICTIONS The Licensee shall ensure that the height of any vehicle, load, accumulation or any object, including attachments and people who may be standing thereon, at a location or locations proximate to the OPG Works, does not exceed 13.5 feet above the existing grade. 9 RELEASE & INDEMNIT% The Licensee shall assume all liability and obligation for any and all loss, damage or injury (including death), by reason of fire, accident or othenvise to all persons or property, howsoever arising, as a result of or connected in any way with the use and occupation of the Lands or that otherwise would not have occurred but for the granting of this Licence, and in consideration of the rights and privileges granted herein, the Licensee does hereby release and forever discharge OPG, its subsidiary and affiliated corporations, successors and assigns and all persons acting on its or their behalf, from all claims, actions, demands or other proceedings in respect thereof and in further consideration of same, the Licensee hereby agrees to indemnify OPG, its subsidiaries, successors and assigns and all persons acting on its or their behalf, from and against all such claims, actions, demands or other proceedings and all expenses and costs occasioned thereby 10. REMEDIES OF LICENSOR OPG shall have all remedies, including without limitation, damages and injunction, available to OPG at law 01 m equity arising upon any default by the Licensee under this Licence. 11. LICENSOR'S EXPENSES If legal action is brought by to recover any momcs due under the Licence or because of the Licensee's breach of any other terns, covenants or conditions herein contained on its part to be kept or perfomed, the Licensee shall pay to OPG all of its expenses mcuned therefore, including solicitors fees (on a solicitor and his own client basis) unless a court othenvise awards. 12. ALTERNATIVE REMEDIES OPG may, from time to time, resort to any or all of the rights and remedies available to it in the event of an Event of Default, pursuant to this Licence or by statute or at law, all of which nghts and rernedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and i einedies available to OPG by statute or at law 13. TAXES The Licensee covenants and agrees to pay any additional taxes or grants or payments in lieu thereof, rates, fees or other assessments or payments in lieu thereof that may be charged or levied against the Lands or OPG by reason of the Licensee's use of the Lands for the purposes descnbed herein 14. EVENTS OF DEFAULT AND TERMINATION An event of default ( "Event of Default ") shall be deemed to have occurred hereunder if any one or more of the following events occurs: (a) if default is made in the due payment of any installment of Land Use Charge or any other monies payable hereunder, and such default is not remedied within 5 days after wntten notice specifying the default has been delivered by OPG to the Licensee; (b) if default is made by the Licensee in the performance of or compliance with any other covenants, agreements, terms or conditions contained in this Licence, other than those refereed to in subparagraph (a) of this paragraph 14, and such default has not been remedied within 10 days after written notice specifying the default has been delivered by OPG to the Licensee, or in the case of failure to obtain or maintain insurance, within 3 Business Days after written Page - 6 - of 25 notice specifying the default has been delivered by OPG to the Licensee or in the case of a default which affects, 01 is likely to affect, the operations, maintenance or construction of the OPG Works, or HONI Works within 24 hours after written notice specifying the default has been delivered by OPG to the Licensee However, with respect to any such default (other than a failure to obtain or maintain insurance, or a default which affects, or Is likely to affect, the operation, maintenance or construction of the OPG Works or HONI Works for which there shall be no extension) u hich is of a nature that it cannot, with due diligence, be cured within a penod of 10 days, an Event of Default shall not be deemed to exist if The Licensee has commenced to cure such default within 3 days after wntten notice thereof from OPG and so long as the Licensee thereafter proceeds with all due diligence and takes all appropnate action to complete the cunng of such default: If any Event of Default occurs, then and in every case and so often as same shall happen, OPG shall have the right, at its option to cancel and terminate this Licence, by giving the Licensee notice of cancellation and termination, and upon the expiration of the time fixed in such notice, all rights of the Licensee with respect to the Lands or any part thereof and this Licence shall be absolutely forfeited and shall lapse in the same manner and with the same force and effect as if the expiration of the time fixed in such notice of cancellation and termination were the end of the Term. This Licence may also be temunated render the following conditions: By either party at any time, plovtdurg 30 days wntten notice, and /or, ii) Temporanly, without invalidating this agreement, for such reasonable penod of tiine as OPG may require for safety, secunty or emergency purposes OPG will not be liable to the Licensee for any damages or loss occasioned thereby 15. NOTICE Except as is otherwise provided in this Agr eernent, every notice requited or pemutted under this Licence must be in writing and may be delivered tin person, by courier or by fax to the applicable party, as follows. If to the OPG, Ontario Power Generation Inc. 700 University Avenue Toronto, Ontario M5G 1X6 Attn' Manager, Real Estate Services Fax. 416- 592 -8115 16. SURVIVAL OF INDEMNITY 17 ASSIGNING AND SUBLETTING If to the Licensee, The Corporation of the City of Niagara Falls 4310 Queen St. Niagara Falls 1.2E 6X5 Attn: Legal Department Fax. 905- 371 -2892 Or to any other address, fax number or individual that a party designates by notice. Any notice under this Licence, if delivered personally or by courer will be deemed to have been given when actually received, if delivered by fax before 3:00 p.m. on a Business Day will be deemed to have been delivered on that Business Day and if delivered by fax after 3'00 p.m on a Business Day or on a day which Is not a business day will be deemed to be delivered on the next Business Day The obligations of the Licensee to indemnity OPG pursuant to Section 9, and similar obligations pursuant to other sections of this Licence, shall survive the expiration or other termination of this Licence. The Licensee shall not enter into, authorize, permit or suffer any assignment, subletting of sublicensing of this Licence or any of the lights or privileges hereunder, nor shall it part with or Page - 7 - of 25 share possession of the Lands, without OPG's prior wntten consent, which consent may be withheld in OPG's sole discretion. 18. TITLE The Licensee shall not enter into any agreements for the Lands, which would tun with the Lands and become an obligation of OPG upon temmhatron or expiry of this Licence without OPG's consent, which consent may be withheld in OPG's absolute and unfettered discretion 19. NO RELEASE OF LIABILITY No termination or assignment of this Licence. consented to by OPG shall relieve the Licensee of its liability and obligations hereunder and such liability and obligations shall survive any such termination or assignment. 20. GENERAL TERMS The division of this Licence into sections and the insertion of headings are for convenience of reference only and are not to affect the constiuctron or interpretation of this Licence. Words importing the singular include the plural and vice versa The term "including" means "including without limitation ", and the teens "includes"' and "included" have similar meanings This Licence is governed by, and is to be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontano. The parties irrevocably submit to the non - exclusive junsdiction of the courts of Ontario in respect of any matter relating to this Licence. If any term of this Licence is or becomes Illegal, invalid 01 unenforceable, the illegality, invalidity or unenforceability will be deemed severable and will not affect any other term of this Licence. This Licence constitutes the entire agreement between the parties with respect to the subject matter and supersedes all pnor agreements, negotiations, discussions, representations, warranties and understandings, whether written or verbal. This Licence enures to the benefit of and binds the parties and their respective successors and assigns No temp of this Licence may be amended or waived except in writing. No failure to exercise and no delay in exercising, any right or remedy under this Licence will be deemed to be a waiver of that tight or remedy No waive] of any breach of any tens of this Licence will be deemed to he a waiver of any subsequent breach of that term In Witness Whereof the parties have duly executed this Licence effective as of the year .uul date first above written ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITI OF NIAGARA FALLS Name: Matthew Prange Authorized Signatory I have the authority to bind the corporation. Page -8- of 25 Name: R T (red) Salci Title Mayor I have the authority to bind the corporation. Name. Dean lorfida Title: City Clerk I have the authonty to hind the corporation. Niagarafalls i Si SECTION LOCATION PLAN 1/ _i. I / /_' - ( 1 TOUR R O IU 51 _._ ST RtiI • • 9 L a , M Y �� • • • 1 = Q 1 GIORGE I ST 1 o� ��I �I� ? / 1 I IIIIIII o „, / _ / CP RAIL �\z ♦ / � / / \ • /, . a C- .. QT J i Q . ' • Q - — '� �. e r Schedule `A' Millennium Trail Section 4 FAIRVIEW CEMETERY OR 15 Page - 9 - of 25 I, . . }:r f ,.. ' 1 Section 4 Location o P KO 1 0 5T , 7 1 1 1 ■> 1 7701 Viagarapalls IN THE CITY OF NIAGARA FALLS TRO7- 2010 MILLENNIUM TRAIL SECTION 4 NIAGARA FALLS - TRAIL DEVELOPMENT PORTAGE RD / MORRISON ST TO THOROLD STONE RD February -2010 (i DIRECTOR, . W ".- z PARKS, RECREATION & CULTURE 2 O z wW `2 U W 1- LOCA fON oL4N (NOT TO SCALE) TRO7 - 2010 tn% DRAWING INDEY DWG NE 101 L02 L03 104 L05 L06 LW L08 L09 L10 L11 L12 113 114 135 DRAWING NAME STA 0 -120 STA 120 -240 STA 240 -360 STA 360 -80 STA 480 -600 STA 600 -720 STA 720-840 STA 840 -960 STA 960 -1080 STA 1080-1200 STA 1200 -1320 STA 1320 -1440 DETAIL 1 DETAIL 2 DETAIL 2 0 Schedule '11-1' 00 "" 2 °" 00 Page - 11 - of 25 t 00 00 Schedule '13-2' Page - 12 - of 25 0 0 ° ` " - 1 ° a ` 0 0 00 00 Schedule '8-3" Page - 13 - of 25 0 0 "" weu 0 0 0 0 00 1 0 0 O LOZ - LO '1 00 Schedule `B -4' Page - 14 - of 25 0 c 00 00 I I y 1 1 Schedule `13-5l1 Page - 15 - of 25 111 00 "°z - i" - ` 00 00 00 00 OLOZ-JOb'l 00 Schedule `B-6' Page - 16 - of 25 tr. C no 00 Scliedule`i 0 0 ° L ° " " 0 0 00 00 Page - 17 - of 25 O O 040? - L0?J1 0 0 Schedule '13-8' Page - 18 - of 25 00 00 0 0 OLOZ -Lodi 0 0 Schedule 1 B=.9' Page -19- of 25 00 00 Schedule 'B-10' Page - 20 - of 25 00 oioz goa 00 00 00 Schedule 'B -11' Page - 21 - of 25 0 0 ° ` " L ' " 0 0 0 0 00 Fl 0 0 mg -LOHJ 0 0 Schedule 'B -12' Page - 22 - of 25 00 00 0 t' Schedule '13 -13' ,. Page - 23 - of 25 0 0 " ° ' w " 0 0 00 0 0 00 01,0J LOdi 00 1: Schedule `13-14' Page - 24 - of 25 00 . 4 till, 1 - 00 .1] 0 0 0 tO? 0 0 00 Schedule '13-15'1 Page - 25 - of 25 ;14 00 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law 2002 -129, the Animal Control By -law WHEREAS on February 14, 2005, Niagara Falls City Council approved the location of Greg Frewin Theatre for an exemption under Schedule "E3" of the Exotic Animal section of the City's Animal Control By- law, and WHEREAS through an administrative oversight, the Animal Control By -law was never formally amended. and WHEREAS the actions and proceedings of the February 14, 2010 Council meeting were adopted, ratified and confirmed by the confirmatory by -law and WHEREAS this by -law corrects the administrative oversight and formally recognizes the exemption for the location of the Greg Frewin Theatre THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That Schedule "E3" be amended adding the following: The lands and premises at 5781 Ellen Avenue, Niagara Falls, Ontario being more particularly described as follows. PT Lots 49 to 53 K 68 to 73 inc PL 291 Town of Niagara Falls PT 5, 59R12574 Passed this tenth day of N'lay, 2010 DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading. Third Reading. May 10, 2010 May 10 2010 May 10, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting helcl on the 10 day of May, 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 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE on OF NIAGARA FALLS ENACTS AS FOLLOWS. The actions of the Council at its meeting held on the 10i day of May, 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 author ized in or with respect to the exercise of any powers by the Council, then this by -la\\ shall be deemed for all purposes to be the by -law required for approving, authorizing and taking orally action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3 The Mayor and the proper officers of the Corporation of the City ofNiagara 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 tenth day of May, 2010 DEAN IORFIDA, CITY CLERK R. T (TIED) SALCI, MAYOR First Reading: Second Reading Third Reading May 10, 2010 May 10, 2010 May 10 2010