Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2013/06/11
NiagaraJalls COUNCIL MEETING June 11, 2013 PRAYER: Councillor Morocco ADOPTION OF MINUTES: Council Minutes of May 28, 2013 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. REPORTS 5:00 - 7:00 P.M. 1 . CD-2013-03 - Victoria Centre BIA By-law Enforcement 2. R&C-2013-11 - Gale Centre Maintenance Concerns 3. F-2013-25 - Blackberry and Cell Phone Update PRESENTATIONS/DEPUTATIONS 7:00 P.M. Mayor's Youth Advisory Committee Members of the Mayor's Youth Advisory Committee will update Council on their activities over this school year. Arts & Culture Allister Young Arts & Culture Endowment Representatives of the Arts & Culture Committee will be present to Lynzey Ruscitti, the 2013 Allister Young Arts & Culture Endowment Fund Recipient. Museum Advisory Board Don Jackson and Gord West of the Museum Advisory Board will inform Council of the activities going on in July of this year for the 199' anniversary of the Battles of Chippawa and Lundy's Lane. - 2 - . . . . . PLANNING MATTERS 7:00 P.M. Public Meeting AM-2013-007, Zoning By-law Amendment Application 7361 Pin Oak Drive Applicant: 1578954 Ontario Ltd. And Royal Auto Collision Ltd. Agent: Rocco Vacca, Sullivan Mahoney LLP Proposed Retail Stores Background Material: Recommendation Report: PBD-2013-41 . . . . . MAYOR'S REPORTS, ANNOUNCEMENTS . . . . . COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Victoria Centre BIA - requesting use of the City-owned former rail line property for their proposed "Summer of Thrills Event 2013". RECOMMENDATION: For the Consideration of Council, subject to appropriate inspections and other related approvals. 2. Brad Bell - requesting that St. Pat's Church cease bell ringing. RECOMMENDATION: Receive and file. 3. Nazionale Congresso Italia Canada - requesting a flag raising on June 24"'. RECOMMENDATION: For the Approval of Council 4. Parks and Recreation Ontario -that June be proclaimed as "Recreation and Parks Month", in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. - 3 - RATIFICATION OF "IN CAMERA" MATTERS * * * * * REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2013-36 - Low-Income Seniors' Water Rebate/Property Tax Rebate PBD-2013-43 - Commercial Building & Facade Improvement Grant Application CB & FIG 2013-006, 1788800 Ontario In. (John Stankovic). 4632 Victoria Avenue TS-2013-28 - Oakwood Drive - Speed Limit Review RESOLUTIONS THEREFORE BE IT RESOLVED that Council consent to Centennial Square being the venue for the proposed concert series; and FURTHER BE IT RESOLVED that the Council consent to relief to the City's Noise By-law to allow music to be played until 11:00 p.m. FURTHER BE IT RESOLVED that Niagara Falls City Council considers the "Music in the Park" and "Canada Day" of municipal significance and supports the provisions of a Special Occasion Liquor Licence (SOP) for the events. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-94 A by-law to amend By-law No. 79-200, to change the zoning of the Lands to a site specific R2 zone, to permit the construction of a semi-detached dwelling (AM-2013-003). - 4 - 2013-95 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Loading Zones, Speed Limits on Highways - (Part 1 - 40 km/h), Speed Limits on Highways - (Part 2 - 60 km/h) 2013-96 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways - (Part 2 - 60 km/h)) 2013-97 A by-law to amend by-law 2013-82, being a by-law to authorize the execution of an Agreement with the Niagara Falls Fitness Studio & Wellness Cafe respecting the Adopt-A-Program public service program for volunteers. 2013-98 A by-law to authorize the execution of a Memorandum of Understanding dated June 11, 2013, respecting the City's commitment to the Niagara South Hospital. 2013-99 A by-law to authorize the execution of a Permission to Use Lands Agreement dated June 11 , 2013, respecting the City's licence to use a portion of Josefa Grassl's lands for the installation and maintenance of a sign advertising the future site of the Niagara South Hospital. 2013-100 A by-law to authorize the execution of an Amending Subdivision Agreement with 1340258 Ontario Inc. respecting Warren Woods Subdivision. 2013-101 A by-law to establish Part of Township Lot 209 Stamford being Parts 21 and 23 on Reference Plan 59R-13527 as a public highway, to be known as and to form part of Kalar Road. 2013-102 A by-law to authorize the execution of an Agreement with Dr. Rosemary Okafor dated June 11 , 2013, respecting the physician's commitment to practice medicine in the City. (Hand-out) 2013-103 A by-law to authorize the execution of an Agreement with Dr. Benjamin Pang dated June 11 , 2013, respecting the physician's commitment to practice medicine in the City. (Hand-out) 2013-104 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of June, 2013. NEW BUSINESS CD-2013-03 Niagara flalls June 11, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2013-03 Victoria Centre BIA By-law Enforcement RECOMMENDATION That Council provide direction on enforcement in the Victoria Centre BIA on issues of sandwich boards, banners on patio railings and outdoor merchandise; and That staff review commercial parking lots for compliance; and That future sidewalk café applications in Victoria Centre BIA adhere to the Sidewalk Café Guidelines; and That the Victoria Centre BIA be requested to make outreach to their members on beautification/ aesthetics issues. EXECUTIVE SUMMARY The Victoria Centre BIA is a well-established tourist district in the community. It is arguably more family-oriented than Fallsview, for example. The area is older, with many of the buildings right up to the property line. In the summer months, it is busy with pedestrian traffic. The Board of the BIA has expressed concerns about aesthetics of certain properties and has requested "zero tolerance" on what the Board perceives to be by-law violations. By- law Services operates on a complaint basis. The practice has been to deal with specific complaints and encroachments that impede public passage and not over-regulate in this business area. Taking a zero-tolerance approach should be a direction from Council within our current staff complement. Beautification and public realm improvements are issues within the mandate of BIA's and should be encouraged. Nonetheless, there has to be buy-in from the business improvement area membership. Enforcement action does not necessarily lead to beautification. BACKGROUND The Victoria Centre BIA (VCBIA) has plans to improve the beautification of their Business Improvement Area. City landscape design staff have done up a "streetscape concept", outlining possible public realm improvements. In conjunction with an improved streetscape, the BIA would like to see action taken on "unsightly" features within their area. June 11, 2013 - 2 - CD-2013-03 Bylaw staff have been dealing with complaints from members of the Victoria Centre BIA (VCBIA) over the last couple of summers related primarily to perceived encroachments in the public realm. A correspondence from the VCBIA asks that the City "strictly enforce current by-laws on signage, merchandise etc". In addition, the correspondence requests that the city "enforce the guidelines on sidewalk cafes", with the exception of the hours of operation, which recommend that patios shut down at 11:00 p.m. ANALYSIS/RATIONALE The Victoria Centre BIA, either formally or through emails from the Chair or the Executive Director, have requested "zero tolerance" for by-law infractions within the BIA. The concerns have centred around sandwich boards, outdoor merchandise, patios and parking lots. . �, h Win! ri? ,sr.vs F7 ATT M Sandwich Boards The current Sign By-law does not permit sandwich boards in the Clifton Hill District, which the Victoria Centre BIA is within. Nonetheless, sandwich boards have always been prevalent in the district and, as a result, the proposed changes to the City's Sign by-law recognize this fact and will permit the sandwich boards. The issue, however, is contentious within the BIA. Some members feel that sandwich boards should only be permitted on private property. Many Victoria Centre BIA members currently place sandwich boards right against their property. The boards may partly jut out into the public sidewalk. When the issue of sandwich boards came up in the Downtown BIA during the start of the revitalization efforts, staff was directed to take a common sense approach to the issue. Sandwich boards would only be removed if the board was impeding pedestrians (i.e., in the path of the travelling public). Staff was also directed to apply the same approach in Victoria Centre. As a result, the following signs, though on public property, which do not impede traffic, have been considered acceptable. June 11, 2013 - 3 - CD-2013-03 } ,2 all q .r 44 3y t ' j � U]. r .u. ,x yq+,x.41 l xP w The proposed amendments to the Sign By-law state the following: 16.7 A sandwich board sign shall be located on the sidewalk immediately in front of the premises to which the sandwich board sign relates. 16.8 A sandwich board sign shall not be located such that it impedes the movement of pedestrians in any way. 16.9 A sandwich board sign shall be removed from the sidewalk during any time that the premises to which the sandwich board sign relates is not open for business. The above-noted provisions would allow the sandwich boards against building walls that may jut out into the sidewalk and others that do not impede the travelling public. The VCBIA's comments as part of the Sign by-law process are that "sandwich boards be only permitted on private property. Current Practice: Sandwich Boards that impede pedestrian traffic are moved or removed. Sandwich boards against buildings or boards that do not impede traffic are left alone. VCBIA Request:All sandwich boards that are on, or partly on, public property be removed. Enforcement Issues: Enforcing the VCBIA's request will not be difficult, however, it will create a different standard in that BIA than elsewhere in the City. Also, the Sign By-law amendments should reflect the different requirements in the Clifton Hill district. Merchandise The BIA has expressed concerns about outdoor merchandise. • t 5,\Tri. „7s� A,. V---- C �`C,.1 iFT s a1 X99 i� ; 'i a' ` , '' t? 2 n ay�t —w-e.. 1 June 11, 2013 -4 - CD-2013-03 Similar to the sandwich boards, BIA businesses will showcase their wares close to the front of their building/ shop, without impeding pedestrian traffic. On the west side of Victoria Avenue, the public sidewalk appears to go up to the building facades, however, without a legal survey, it is difficult to ascertain whether this merchandise is on public property or not. On the east side of Victoria Avenue there is sizably more private property, so the clothing racks on the east side are on private property. In the past, when the racks have encroached on the public portion of the sidewalk, Bylaw staff have had the business operators move them back onto the private side of the sidewalk. It has been a long standing interpretation that outdoor retail from anything other than a building is prohibited, however, if a retail business operation is displaying wares outdoors on their property, there is no issue. The concern regarding outdoor merchandise appears to be more an issue of aesthetics, than public property encroachment. Also, there is a discrepancy between the amount of private property on each side of Victoria Avenue. If Bylaw staff was to take a "zero tolerance" approach, we would solely be targeting businesses on the west side of the street. The arguably unsightly clothing racks on the east side of Victoria Avenue would remain. Current Practice: Any merchandise that encroaches on public property and impedes the flow of pedestrians is asked to be moved. VCBIA Request: No outdoor merchandise. Enforcement Issues: Without a legal survey, it will difficult to determine if merchandise is on public property. Also, without"buy in"from VCBIA members, there will still be outdoor merchandise, so a "zero tolerance" approach will not remove all examples of, arguably, unsightly, outdoor merchandise Patios The VCBIA has expressed concerns that the sidewalk café guidelines,which govern patios on the public sidewalk, are not being enforced or followed. Specifically, the guidelines state the following: The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an un obstructed sidewalk width of 3.0 meters(10.0 feet) shall be maintained for a clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 meters(8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavy pedestrian traffic, or increased above 3.0 meters (10.0 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 meters (13.0 feet or less). The VCBIA have identified various "choke points" along the west side of Victoria Avenue. The concern is that when pedestrian traffic is heavy there are bottlenecks on the sidewalk and the possibility of pedestrians spilling over into the road. June 11, 2013 -5 - CD-2013-03 I . Bylaw staff does not administer the sidewalk café process. All approved sidewalk café agreements or licences went through a staff review process and were approved by the Site Plan Technical Committee. The guidelines establish general provisions and each application is reviewed on the individual merits of the application and how it meets the general intent of the guidelines. Time restrictions on patios in the tourist core have never been enforced and have never been an issue. Current Practice: An annual licence is granted with a fee and proof of insurance. All current sidewalk patios were approved by the appropriate staff. VCBIA Request:All patios within the VCBIA adhere to the guidelines, especially regarding the distance required for safe pedestrian movement (3.0 metres or 10 feet). Enforcement Issues: The sidewalk café provisions are guidelines and not in the form of a by-law. All patios have been vetted by the appropriate City staff. Unless it could be shown that existing patios are contrary to the original approval, it would seem unreasonable to have operators have to make retroactive changes to their patios. Staff would recommend that future sidewalk cafes strictly adhere to the guidelines. A recent complaint about patios has been the presence of signage or banners on the patio barriers (i.e., railings). The sidewalk cafe guidelines do not specifically address the issue. If the railings are akin to fencing, the Sign by-law does not allow for signage affixed to fences. Nonetheless, most of this signage is advertising the business on the premises and it would be staff's position to only take action on third party advertising on the patio. 110 oh. t w wwu +leasw4' x . Current Practice: By-law have never received a complaint related to banners on patio railings. Action would be taken on third party advertising. June 11, 2013 -6 - CD-2013-03 VCBIA Request: No banners on patio railings. Enforcement Issues: It will create a different standard in that BIA than elsewhere in the City, where we would only take action on a specific complaint. This could be seen as"over regulating" and, arguably, the banners are less of a negative aesthetics issue. Commercial Parking Lots The City's Licensing By-law is specific as to requirements for commercial parking lots. Concern has been expressed that not all parking lots meet the requirements, especially related to surface material, curbing and other aesthetics. This is a fair comment and Transportation Services and By-law Staff will work together to ensure all parking lots have a licence to operate and are brought into compliance with the Commercial Parking Lot schedule of the Business licensing By-law. Staff will start our efforts in Victoria Centre. FINANCIAL/STAFFING/LEGAL IMPLICATIONS By-law Services act on a complaint basis. The VCBIA is requesting a strict enforcement, which may be an enhanced level of service. During the summer months, we have a (one) weekend/evening Bylaw officer. The VCBIA is part of his weekend patrol but he will not be exclusively in the area. To date, Bylaw has taken action on specific complaints received and on clear violations within the public realm. By-law Services goal is always compliance. The laying of charges, for example, is a last resort when other methods have been exhausted. There could be a scenario, for example, where the officer will ask for sandwich boards be removed by the business operator during his patrol but when the officer leaves the area the boards reappear; therefore, any enforcement should be augmented by the BIA impressing upon their members why these outdoor items should not be present. Staff will continue to work with the BIA on these issues but it is for Council to give direction to staff on enforcement levels within our current staff complement. CITY'S STRATEGIC COMMITMENT A well planned city and economic viability of existing businesses. LIST OF ATTACHMENTS ✓ Letter from Victoria Centre BIA ✓ Sidewalk Cafe Guidelines ✓ Commercial Parking Lots Schedule Recommended by: ! D PI7r orfida, Clerk 9—'n1/4414LA Respectfully submitted: Ken Todd, Chief Administrative Officer DI I _ ,- _ 1 l Clifton Hill T: DISTRICT- F: : Victoria-Centre BIA Top0fCliftonHill.com Mr. Dean lorfida City Clerk City of Niagara Falls March 29, 2013 Delivered via email Dear Dean: I am following up from a few of our previous conversations regarding the by-law enforcement in the Victoria Centre BIA. Below you will see excerpts from our board meeting of September 19, 2012 regarding this matter: Sidewalk cafes Rules are being bent in many areas, signage, boundaries, distance from curb, infringing on public space, etc. City has asked us to look at how strictly we want this enforced. We need to look at a few things; patios would need to be shut down at 11 pm. according to the by-laws. Encroachment has become more & more prevalent. Motion by Rick, 2nded by Robert to enforce the by-law as written in the current sidewalk café guidelines with one caveat as to the time to coincide with bar closing time. Recorded vote. All in favour, one abstention. Bev Newton for Patrick Steier—abstained Signage & Merchandise Same issues as sidewalk cafes, merchandise, sandwich boards & signs, awnings, umbrellas, etc. So far the city has been lenient. However, the city is letting the BIA's make their own decisions. Makeshift awnings hanging out on city property, not following variances, any variance requests need to come to the BIA. Encroachment on city property. We need to enforce current by-laws. Motion by Rick, 2nded by Tish to strictly enforce current by-laws on signage, merchandise, etc. Carried unanimously. THE Clifton Hill -DISTRICT--- F: Victoria-Centre BIA TopOfCliftonhill.com We are concerned about various issues stemming from the condition of some members properites. First, is the safety of pedestrians, who at present need to maneuver around signs, railings and merchandise and often need to step into the street to get by. Secondly, as you know the board has been working hard the last few years to beautify our area. Installing banners, flower baskets, new trash receptacles, etc. The promenade has been updated and is now very attractive. We are working with Geoff Holman and his staff to upgrade and beautify the remaining areas of the BIA. Thirdly, we are concerned about the safety of parking lots, storefronts and entrances that may have tripping or fire hazards. It is essential that we enforce the by-laws pertaining to the aesthetics and safety of our area in order to accomplish the goal of making the Victoria Centre an attractive, modern, clean and safe place to eat, play, shop and stay. As mentioned during previous discussions we expect the by-laws to be in place for the start of this tourist season. The BIA board has requested 100%enforcement. Thanking you in advance, Sue McDowell Executive Director VCBIA Sidewalk Cafe Guidelines Introduction: The information contained in the Sidewalk Café Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be considered to ensure safety,aesthetics and compatibility with adjacent land uses. The Guidelines do not replace any requirements of any other agency,including the Alcohol&Gaming Commission of Ontario(AGCO). Each application will be reviewed on its individual merit,particular conditions and considerations based on location and municipal needs. The Council of the Corporation of the City ofNiagara Falls, its officers and employees are not bound by the information contained in the Guidelines,nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk café shall conform to any applicable provisions of the Zoning By-law,the Ontario Building Code,the Fire Code and Site Plan Control. Definitions: Outdoor Private Café m.-one an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same proper y. Sidewalk Café means that portion ofmunicipalproperty between the property line and the travelled portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments are served and consumed in conjunction with a restaurant. Seasonal means the six month period from May 1 to October 31,both inclusive. FIl~,L1RLrl treat L tifl'W 1 ;:w x3r ja MMMIIi'.:: stew Faro _ .r - vataawj s . . .mow.-e...Y. l:: 7T lugs r'.:q :.ii�•z!Y•ri:/94/;%.4,4,.= 3 � . .t �� ic. , y ,r.....t�...�..z f 1 00.64 0 42Aailg _. .� ...... 2 Zoning: A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk cafe must be part of a restaurant use established in an existing building as defined in the Zoning By-law and have a restaurant licence issued by the Corporation of the City ofNiagara Falls. Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be calculated on the requirements of the Ontario Building Code,fire regulations and zoning by-laws where applicable. Criteria: Pedestrian Movement-The area required for safe pedestrian movement will be assessed on a site specific basis. In most cases, an unobstructed sidewalk width of 3.0 metres(10.0 feet)shall be maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width maybe reduced to 2.4 metres(8 feet)if the sidewalk cafe is located on a sidewalk that does not have heavy pedestrian traffic,or increased above 3.0 metres(10 feet)where pedestrian volumes are excessive. Sidewalk cafés shall not normally be considered where the total sidewalk width is 3.9 metres(13.0 feet)or less. FIGURE 2-PEDESTRIAN MOVEMENT a P y>�:y�'��.�d.1 .• •4..\ Mi�'yLl i ■��rlf�� 43FY: ulii: ia' a. fs _i R n !witL 1111rrlirir1�r11l !C "71i1.1!'1111wl11EM: 01a1111M11a ' • Placement-Theplacement of a sidewalk café will abut thepropertywhere therelatediestau-ant use is located. Alternatively,the sidewalk café maybe placed within 09 metres(3 feet)of the curb face parallel to the restaurant with which it is associated;in either case,the sidewalk café must satisfy the City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an abutting property/business,written consent ofthe affectedproperty%business owner mustbcprovided at the time of application. The sidewalk café may be located at the front or exterior side of a restaurant use. 3 Design: Enclosure-The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for pedestrian movement through the use of decorative fencing,planter bozes/containers or similar bathers. Such bathers should be free standing,structurally sound and finely fabricated. The height and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk café is licensed. 10 ttH int If +, 4 [111 4;341 fo1u, i a R �f t��l� �it?Pi•� _ r-, Access-The sidewalk café shall be designed to ensure a minimum emergency evacuation route,in accordance with standards of the Ontario Building Code and/or fire regulations,is available at all times to and from the restaurant. In no case shall this route be less than 1.0 metres(3.2 feet). The sidewalk café shall not impede any existing bather-free access to the restaurant. The design and placement of a sidewalk café should not obstruct public access,access to another use in the same building,or adversely impact on any adjacent building. Seating Capacity-A minimum of 1.1 square meats(11.8 square feet)per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas -Busing stations, service bars, electrical service,illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk café.Decorative garbage containers may be strategically provided within the limits of a sidewalk café. Umbrellas,fixed awnings and enclosures,together with any support mechanisms,shall not extend beyond the sidewalk cafe area or encroach into thepedesnian movement area.Fixed or retractable awnings shall be permitted only where an encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk café licensee. -4- Approvals: Application-An application to establish a sidewalk cafe on any portion of municipal property shall be submitted to Planning and Development Services,together with the necessary fees and drawings prior to acing any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreement. Notice of application must be posted in a conspicuous position on the front of the building which can be read from the sidewalk. At the discretion of the City,notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk café for comment prior to entering into an agreement. Agreement-Where an application for an outdoor sidewalk café is approved,the owner and/or operator shall enter into an agreement with the Corporation of the City ofNiagara Falls concerning, among other things,the lands involved,period of operation,liability insurance,maintenance and restoration and payment of fees for use of space. The sidewalk café owner/operator shall agree to save harmless the City for any matter arising as aresult of the sidewalk cafe and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing furniture,fixtures,etc.,after hours. Fees-Application fees,preparation of agreement fees and licence fees shall be paid in accordance with the City ofNiagara Falls By-law regarding schedule of fees for service as established from time to time. Utilities-It will be the responsibility of the operator to secure any necessary approvals and payment fees as may be required by the gas,telephone,hydro,cable companies or similar utility prior to establishing or operating an outdoor sidewalk cafe. Maintenance-The operator will be responsible for all maintenance of the sidewalk cafe including, but not limited to,the cleaning of tables and cafe surface and the pick-up of litter. The operator of the outdoor sidewalk café shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure-All fiimiture,fixtures and fittings shallberemoved from City property at the end of the season in accordance with the terms of the agreement with the City. Any hooks,bolts, brackets,etc.,installed in the sidewalk shall be removed when the tables and fixtures are not in place or by November 1,(whichever is first)in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours-The outdoor sidewalk cafe challremain closed during the period of 11:OOp.m.and 8:00 a.m. the following day. Taxes-The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations-The operator of an outdoor sidewalk cafe shall meet the regulations and by- laws of the City ofNiagara Falls,Niagara Falls Fire Department,Regional Municipality of Niagara, Regional Health Department and Regional Police Force at all times. AB:tc s:\snawwLIWENE AL\ituid.uea.wpd -44- COMMERCIAL PARKING LOTS Schedule It to By-law No. 2001-31 Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended 1. In this Schedule: (1) "commercial parking lot" means a privately owned parcel of land, building or structure in which space is hired for gain or profit for the purpose of storing or parking a vehicle but does not include a parking area required under the provisions of section 4.19.1 of the By-law 79-200, being the Zoning By-Law and any amendments thereto. (2) "Director of Municipal Works" means the Director of Municipal Works of the Municipality or a person designated to act on his behalf (3) "operator" means a person who, alone or with others, carries on, conducts, operates, maintains, controls, or keeps the business of a commercial parking lot, and "operate", "operations", and other words of like import or intent shall be given a corresponding meaning. 2. Every person who operates a commercial parking lot within the Municipality shall first apply for and obtain an annual licence to do so for each such commercial parking lot. 3. Nothing in this Schedule shall relieve or exempt any person from the obligation to comply with the requirements of any other by-law of the Municipality in force from time to time or from the obligation to obtain any licence, permit, authority or approval required under any other by-law of the Municipality. 4. Every person so licensed shall be subject to the provisions of this Schedule. 5. An application for a commercial parking lot licence shall be made in writing, filed with the Clerk, and: (1) shall show the applicant's name and postal address, the name and address of the commercial parking lot or proposed commercial parking lot, and a full legal description of the premises used or proposed to be used, together with sufficient particulars of arrangements for carrying on the business, together with six true copies; (2) save where a similar licence was in force for the previous year with respect to the same premises and there is no change in the relevant information, the application shall be accompanied by a satisfactory site plan signed by the applicant, with six true copies. The plan shall be drawn to a scale of 1:200 (metric scale) where the area of the site is 2300 square metres or less, and otherwise to a scale of I:500 (metric scale). The plan shall be substantially in accordance with the form of a site plan and showing: -45- (a) location of the premises, position of adjacent street lines, sidewalks, boulevards, fire hydrants, poles and driveways, and the position and type of use of adjacent buildings, structures and premises, all according to scale and including an indication of the north point; (b) the drainage system and type and specifications of surfacing of all outdoor areas to which motor vehicles will have access, together with complete grade levels and the location and dimensions of all catch basins and other drainage facilities, the location and dimensions of all islands, barriers, signs, poles, lighting, trees, buildings, structures and things above the level of the paving and all access driveways, manoeuvring space and parking spaces, entrances, exits and ramps; (c) in the case of any building or structure, the location of the vehicular and pedestrian entrances and exits,the entrance and exit driveways,the location and grade of ramps within the premises giving access to or from the ground level,the location and size of receiving and exit areas, and where parking tickets are to be issued, the location and nature of ticket-issuing points; and, (d) landscaping where such is required by the Zoning By-law,and any amendments thereto, including any requirements set forth through site plan control; (3) save where a similar licence was in force for the previous year with respect to the same premises and there is no change in the relevant information, the application shall be accompanied by complete plans and specifications,including the plans and specifications of the construction of all signs and their supporting framework,signed by the applicant, with six true copies. 6. Every person operating a commercial parking lot shall: (I) submit to the Clerk, prior to the issuance or renewal of a licence under this Schedule, proof of a policy of comprehensive public liability insurance on an occurrence basis against claims for personal or bodily injury, death, property damage, or other claim, in the amount of at least$2,000,000.00,exclusive of interest and all costs, in respect of any one occurrence. (2) give at least 30 days notice in writing to the Clerk of any cancellation, expiry or variation in the amount of the policy set out in subsection 6(a) above. 7. Every commercial parking lot shall be so designed, constructed and equipped as to be suitable in all respects for the purposes for which it is used or intended to be used, and, without restricting the generality of the foregoing: (1) all outside areas to which motor vehicles will have access shall be suitably surfaced with: (a) hot-mix asphalt on granular base; or -46- (b) asphalt penetration top on granular base; or (c) concrete; or (d) crushed stone or slag suitably treated so as to make it dust-free, and to prevent it from spilling or spreading into any street or other adjoining land; or, (e) other suitable material, as determined by the Director of Municipal Works. (2) save as may be otherwise lawfully authorized by a licence to use part of a property, all parking spaces and outside areas accessible to vehicles,except exits and entrances,shall be provided with curbing, placed at least three metres from adjacent properties, so designed, constructed, located and otherwise suitable as to prevent any part of a motor vehicle from projecting over any part of a street, public lane or other public place, or within eight centimetres of the boundary of any other adjoining land. The curbing must meet, or exceed Ontario Provincial Standards (O.P.S.) specifications, or be deemed suitable by the Director of Municipal Works; (3) parking facilities meet the requirements of By-Law, No. 94-262 being the Disabled Parking By-law, and any amendments thereto; (4) there shall be displayed in a conspicuous place, where it may readily be seen by every driver of a motor vehicle about to enter the premises, a suitable sign no nearer to the ground than one and a half metres, and not farther from the ground than three and a half metres,bearing in clear and legible letters and figures no less than ten and no more than thirty centimetres high, the name of the operator, the days and hours of operation, and rates for the parking of motor vehicles and the licence number of the licence issued by the Clerk for the operation of the subject commercial parking lot; (5) all signs posted by, or on behalf of the commercial parking lot are in conformity with By-law No. 6661, 1964, being the Sign By-law,and any amendments thereto, including obtaining any permits required by the Sign By-Law; (6) the commercial parking lot shall be sufficiently illuminated so that an average level of lighting be maintained between 1.0 and 2.0 lumen. (7) lighting fixtures are of a type and are arranged as to cause no nuisance or distraction to passing traffic or to adjoining properties; (8) garbage receptacles, properly constructed of steel, or another suitable material, as determined by the Director of Municipal Works and be placed at central locations,in the numbers prescribed by the following table: -47- Capacity of Parked Vehicles Receptacles Required I to 50 1 each additional 50 vehicles +1 8. The operator of every commercial parking lot shall ensure: (I) that all signs and required facilities are maintained in conformity with all applicable provisions hereinbefore set forth; (2) that every entrance, exit, and access aisle is kept unobstructed for its full length and width, and that all entry, parking and discharge of vehicles is conducted only as indicated on the plans submitted with the application for licence or as subsequently authorized,provided that this subsection shall not be deemed to prohibit a suitable ticket office or automatic control device which does not contribute to congestion or unreasonably obstruct any means of ingress or egress; (3) that if the operator engages in driving, operating ,or moving motor vehicles parked or stored at or upon the licensed premises,that the operator be the holder of a valid driver's licence as defined under the Highway Traffic Act R.S.O. 1990 Chapter H. 8,as amended, and shall not employ any person or permit any employee to drive or operate such motor vehicle unless such person is the holder of a valid driver's licence, as defined under the Highway Traffic Act; (4) that except in the case of a metered or automatically controlled commercial parking lot, a competent attendant is on duty at all times during business hours as indicated on the sign; (5) that no soliciting occur, on any highway within the jurisdiction of the Municipality, on behalf of the licensed commercial parking lot; (6) that no signs displayed on the licensed premises resemble or be constructed to resemble an official parking symbol used to designate municipal parking lots; (7) that no person is allowed to loiter about the premises; and (8) that the licensed premises be kept free from dirt, debris, snow, ice or other foreign substances and be kept in a clean and neat condition, and that any sidewalk or street upon which such premises abuts,be kept free from dirt,debris,snow,ice or other foreign substance derived from such premises or resulting from the use thereof. 9. No operator licensed under this Schedule shall: (I) remove or cause to be removed any dirt, debris, snow, ice or other foreign substances from the commercial parking lot premises to any sidewalk or roadway upon which such -48- premises abuts; (2) cause, or permit the drainage of surface water across any sidewalk upon which the licensed premises abuts; 10. Every operator licensed under this Schedule shall at all times permit any person authorized by Council to enter the licensed premises and make such inspection as they deemed necessary in order to ascertain whether or not the provisions of this Part are being complied with. 11. Every operator licensed under this Schedule shall pay an annual licence fee for each commercial parking lot so operated, in accordance with Schedule 1 to this By-law. R&C-2013-11 Niagarajialls June 11, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2013-11 Gale Centre Maintenance Concerns RECOMMENDATION 1. That staff complete the tender process for the required maintenance project and award the contract to the lowest qualified bidder. 2. That new City facility projects include a budget for a full commissioning and inspection process prior to substantial completion. 3. That the equipment modifications identified in the Gale Centre Energy report be referred to the 2014 budget process. EXECUTIVE SUMMARY The Gale Centre opened June 2010. Since the time of opening, staff has been concerned with operating deficiencies of the mechanical plant. These deficiencies manifested in higher than expected utility expenditures. Staff has updated Council at various times and hired a consultant earlier this year to address the concerns. Crossley Engineering Ltd., a multi disciplined consulting engineering firm, was contracted to review the operation, start up reports, control operations and energy consumption issues at the Gale Centre. After performing this initial review of the construction documents and historical energy consumption, the company performed a commissioning of the building control and an energy audit. Maintenance concerns were identified through this review. The engineering firm is recommending a three to five-week shut down of all facility systems to complete the immediate maintenance issues. If the maintenance is not completed, the mechanical systems could be impacted with an unplanned of complete shut down. In addition, the consultants are recommending additional maintenance repairs should be undertaken. These additional energy efficient repairs are necessary but not urgent. As a result, these repairs are being deferred until the 2014 Capital budget to facilitate additional planning. June 11, 2013 -2 - R&C-2013-11 BACKGROUND The Gale Centre Update report, R&C-2012-05 approved at the March 27, 2012, Council meeting informed Council of the Gale Centre energy consumption issues. Staff was directed to review the mechanical set up and energy concerns at the Gale Centre. Council approved the following recommendation: Utility Rates and Energy Efficiencies 1 . Complete the review of the energy efficiency of the Gale Centre and prepare an update report to Council. In order to review the energy efficiency of the Gale Centre, the following scope of work was completed by Crossey Engineering Ltd. • Review issued construction documents, drawings and specifications to understand systems and intended operation; • Review energy consumption information,and control trend logs from building control system; • Review commissioning reports, including start-up reports from a contractor and manufacturers; • Review installation; • Review and observe control operations. With operator assistance manipulate controls to observe operations in different modes. Field check devices; • Provide a report on findings, including listing remedial or additional work recommended. The consultant's report concluded the following: • Prior to opening of the facility, the building control system has never been fully commissioned or set up to maximize building efficiency or operation. Staff training recommended to provide day to day knowledge to maximize building efficiency. • The building heating systems do not take advantage of the heat available from the rink "Eco-chill" heat rejection system. • There are energy saving opportunities in the building. Recommend an energy/design study to identify quick pay backs. The full commissioning of the system has identified the following maintenance concerns: • Glycol piping installed throughout the Gale Centre to provide heating, cooling and the ice refrigeration system is in need of repair. Leaks have developed throughout the system in public spaces, corridors, utility rooms and mechanical spaces. In order to eliminate the leaks, it is recommended that all failed joints be disassembled and remade and all non leaking joints be inspected and tightened in accordance with the manufacturer's installation and instructions. There is 2,600 feet of heat pump piping and 2,000 feet of heating water piping with approximately 300 joints. • Existing automatic air vents will be replaced with vents that can handle the actual system operating pressure. • Repairs are required as soon as possible with an estimated cost of $150,000. June 11, 2013 -3 - R&C-2013-11 Staff and the consultants researched other community arena facilities and determined the Gale Centre energy consumption is somewhat higher when compared to other facilities. The Energy report identifies significant savings if modifications to equipment and procedures for the Gale Centre are implemented. Modifications include adding a pump to isolate the heating loop and installing variable speed pumps throughout the facility. Project to improve the Centre's energy consumption will cost$218,000 as listed in attachment#1. The energy projects can be scheduled in 2013 or 2014 during the summer maintenance shut down. If completed in 2014 the connectors required for the modifications can be installed in 2013 for the cost of $15,000. ANALYSIS/RATIONALE In order to complete the required emergency maintenance repairs, the facility needs to be shut down for three to five weeks. Based on the current ice utilization, staff recommends the shut down take place mid-July to mid-August to reduce the impact on regular ice users. Priority ice users will be accommodated at Chippawa Arena. Ice will be allocated according to the scheduling priority as stated in the Ice Allocation Policy. Staff will meet with spring/summer ice users on June 12, 2013, prior to the Fall/Winter Ice Allocation meeting to inform them of the maintenance plan and the revised ice schedule. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As indicated, the consultants are recommending two work projects. The first project must be done immediately with an approximate cost of $150,000. These repairs to the glycol system and associated piping and joints will take approximately three to five weeks to complete. To accommodate this repair, a full shut down of the Gale Centre must be implemented. The arena has bookings at present. Based on a three-week shut down, the expected revenue lost at the Gale Centre is approximately $44,300. As an alternative solution, staff recommends the installation of ice at the Chippawa Arena at the time of shut down at the Gale Centre. This action will mitigate some of the negative impacts on users since 55% of ice rentals will be accommodated. When ice installation costs are included, the net financial impact is$19,400. The ice at Chippawa Arena will be removed mid-August and installed mid-September following the SPN tournament weekends.As this project was not identified in the 2013 Capital budget, staff is recommending that the funding be provided from capital reserves. The second project identified by the consultant included additional modifications to the equipment and procedures to improve the energy efficiency of the Gale Centre. The consultants anticipate that this phase of the repairs will cost approximately$218,000. The consultants are also suggesting that these repairs will result in annual utility savings of approximately $87,000. Based on these savings the utility project has an estimated 2.5 year payback. This expenditure will be referred to the 2014 Capital Budget. The administration staff will continue to work at the Gale Centre Monday to Friday to respond to counter, phone and email inquiries. Facility staff will also work Monday to Friday and complete annual maintenance tasks including stripping the terrazzo floor, painting the facility and detailed cleaning in the dressing rooms. Two to three staff members will work at Chippawa Arena to perform regular facility and ice maintenance tasks. June 11, 2013 -4 - R&C-2013-11 CITY'S STRATEGIC COMMITMENT Strategic Priority, Economic Vitality, directs staff to, Ensure efficient and effective delivery of the core municipal services. ATTACHMENT Energy Report Recommendations Recommended by: /< /j( c{ Kathy Moldenhauer, Director of Recreation & Cul ure Respectfully submitted: /(,fit Ken Todd, Chief Adm. istrativ Officer Attachment #1 Gale Centre Energy Report Recommendations Modification to Equipment Capital cost Savings per Year Payback Separate Heat Pump loop and $69,000 $31,500 2.2 yrs install new pump Variable speed pump 1 & 2 $46,000 $20,650 1.81 yrs Variable speed heat pump loop $50,000 $12,390 1.08 yrs pumps 1 A & 2C Preheat domestic hot water for $4,000 $3,166 1.3 yrs zamboni Variable speed pump 6 $8,500 $2,630 3.2 yrs Variable speed pumps 4 & 5 $39,000 $14,357 2.7 yrs heat water loop Reschedule make up air $1,500 $2,500 0.6 yrs total $218,000 $87,193 2.5 yrs F-2013-25 Niagaraaalls June 11, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F-2013-25 Blackberry and Cell Phone Update RECOMMENDATION That Council receive the Blackberry and Cell Phone update report for information purposes. EXECUTIVE SUMMARY During 2013 Budget deliberations staff were requested to provide a report to Council on the City's Mobile Phone Program. The Mobile phone program includes Blackberrys and Cell Phones issued to City Staff. Mobile systems are issued at the discretion of the individual department's Director. The devices provide staff with the informational tools necessary to assist them in carrying out their daily duties as well as be in constant contact with other staff. At present the City has 103 Blackberrys and 81 Cell Phones for the entire Corporation. The mobile phone system is managed by the Information Systems department. The approved annual budget for 2013 for these expenditures is $125,000. Staff believe that the use of the devices are vital tools to ensuring the connectivity of our staff to provide the required city services. BACKGROUND Over the last few decades, there have been major improvements in communication tools available to workers; service providers and operators. The tools have resulted in improved communications between staff in the workplace, in the field, during non work hours and in emergencies. The main tools utilized by the City have been the introduction of cell phones and Blackberrys. Originally, cell phones were introduced in the 1990's to the municipal work force. As improvements in technology and increased demands on staff have occurred, other technology tools have been introduced, the intention is to improve operating performance. The current number of Blackberrys and cell phones actively used by City staff are 103 and 81 respectively. These devices are approved by the individual director based on departmental need. The current departmental breakdown is provided in Attachment 1. ANALYSIS/RATIONALE Blackberrys are issued to staff that need continuous access to phone, email and calendar services. Cell Phones are issued to staff that only require phone service. June 11, 2013 -2 - F-2013-25 The mobile phone devices are charged a base monthly fee which includes phone service and a data plan. The monthly charges per month does not include any roaming, data overages, or long distance charges. The monthly invoices are scrutinized by IS Staff for any errors such as near border roaming charges which are credited back. When high overages are spotted for an employee a copy of the invoice is sent to the employee and to Finance. The employee is then instructed to identify the personal overages and reimburse the City for those charges. The City implemented a monthly charge to all Blackberry users, for potential personal use of the device. The charge of $10 is mandatory for Blackberry users and voluntary for cellphone users. As indicated, roaming charges, data overages and long distance charges are not covered in this plan. As operating requirements change the need for additional devices may be required. However, at this time, no new initiatives are planned and the current number of mobile devices represent the maximum number of devices at this time. The current models will be replaced when damaged beyond a reasonable repair. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The costs for Blackberry and cell phone usage have been approved in the 2013 budget by City Council. The total expenditure for this program is $125,000. IS Staff constantly monitor device usage and pooled plans to achieve maximum savings. CITY'S STRATEGIC COMMITMENT This will meet Council's strategic priority of continuing to monitor and improve the efficiency of the organization by providing better quality and continuity of service for staff and the residents of Niagara Falls. LIST OF ATTACHMENTS Blackberrys and Cell Phones by Department Recommended by: �� Todd Harr' n, Direc r Finance Respectfully submitted: Ken T dd, Chief Administrative Officer Steve Norris F-2013-25 Department Number of Number of Total for Blackberrys Cellphones Department Building 1 9 10 Business Development 3 3 CAO 2 2 Clerks 6 2 8 Council 2 2 4 Finance 3 1 4 Fire 21 11 32 Human Resources 4 4 Information Systems 7 1 8 Legal 1 1 Library 1 1 Mayor's Office 3 3 Municipal Works 26 42 68 Planning 2 1 3 Recreation & Culture 10 4 14 Transportation 11 8 19 Totals 103 81 184 Dean Iorfida From: Beth Angle Sent: Tuesday, April 30, 2013 11:56 AM To: Dean Iorfida Cc: Teresa Fabbro; Bill Matson Subject: MYAC at Council Hello Dean Would it be possible to include MYAC on the June 11 Council Agenda for their annual update? Thanks! Beth Beth Angle Community Development Coordinator Recreation & Culture Department City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, ON L2H 3N3 905 356 7521 X 3336 905 356 7404 fax www.niagarafalls.ca. bangle@Magarafalls.ca 1 Dean Iorfida From: Beth Angle Sent: Thursday, May 30, 2013 1:46 PM To: Dean lorfida Cc: Kathy Moldenhauer; Priscilla Brett; Bill Matson Subject: Arts &Culture Committee Request Hello Dean Would it be possible for the Arts& Culture Committee to make a very brief deputation and cheque presentation to Lynzey Ruscitti, the 2013 Allister Young Arts &Culture Endowment Fund Recipient, at the Council Meeting on Tuesday, June 11? Please let me know. Thanks! Beth Beth Angle Community Development Coordinator Recreation & Culture Department City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls, ON L2H 3N3 905 356 7521 X 3336 905 356 7404 fax www.niagarafalls.ca 5angj nlagarafalls_ca 1 Dean Iorfida From: Clark Bernat Sent: Tuesday, May 14, 2013 2:54 PM To: Dean Iorfida Cc: Kathy Moldenhauer Subject: Museums Advisory Board Dean—the Advisory Board has asked me to see if they could be put on a June City Council Agenda —they would like to provide an update on the successes of the site one year in, but also advise them of all the activities going on in July of this year for the 199th anniversary of the Battles of Chippawa and Lundy's Lane. Please let me know if this is possible. Thanks Clark Clark Bernat Manager Niagara Falls Museums @ the Museum Thursday Nights Imp: voutu.be'LQNcOkY81PK8 r r T. z z z z G) 3 a m m z in r- PBD-2013-41 Niagarrafalls June 11, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-41 AM-2013-007, Zoning By-law Amendment Application 7361 Pin Oak Drive Applicant: 1578954 Ontario Ltd. and Royal Auto Collision Ltd. Agent: Rocco Vacca, Sullivan Mahoney LLP Proposed Retail Stores RECOMMENDATIONS 1. That Council approve the Zoning By-law amendment application to add retail stores to the list of permitted uses on the properties. 2. That the amending by-law include a holding (H) provision to require proportional contributions to the Queen Elizabeth Way (QEW)/McLeod Road interchange improvements prior to the floor area of the building being expanded. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit retail stores in the existing building on the properties. The amendment can be supported because the properties are designated Major Commercial and are intended to be developed with retail stores and other commercial uses that complement and enhance the function of the Niagara Square Retail District. The properties are also subject to Special Policy Area "63" in the Official Plan which allows Council to apply a holding (H) provision to require contributions to fund required road improvements to the QEW/McLeod Road interchange. As such, the amending by-law should include a holding (H) provision to require proportional contributions to the QEW/McLeod Road interchange improvements prior to the floor area of the building being expanded. BACKGROUND Proposal A Zoning By-law amendment is requested for two properties with a total lot area of 0.73 hectares (1.8 acres). The properties are known as 7361 Pin Oak Drive (see Schedule 1). The amendment is requested to permit retail stores on the properties. Schedule 2 shows details of the existing development. The existing building is not proposed to be enlarged at this time. June 11, 2013 - 2 - PD-2013-41 The properties are currently zoned General Commercial with site specific provisions (GC- 20, GC(H)-907 and GC(H)-908) that only permit retail stores that are ancillary to another permitted use. The applicant is requesting retail stores to be added to the list of permitted uses on the properties. This is proposed to be accommodated by repealing the current site specific zoning and applying a new site specific zoning to the properties. The current zoning of the properties include holding (H) provisions which prohibit new uses from establishing on them until the property owner has provided proportionate financial contributions to the QEW/McLeod Road interchange improvements. The holding (H) provisions are proposed to be replaced with ones that require contributions prior to the floor area of the building being expanded which is consistent with the agreement. Site Conditions and Surrounding Land Uses The two properties are occupied by a commercial building containing a variety of automotive related uses. Parking is located in front and behind the building. The parking area is buffered by a strip of landscaping across the site's frontage. The Niagara Square Shopping Centre is located to the east of the lands. A fast food restaurant is located to the north and the Niagara Peninsula Energy complex is located to the south. The undeveloped parcel to the west is largely occupied by a Provincially Significant Wetland. Circulation Comments Information regarding the proposed Zoning By-law Amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Provincial or Regional perspective. • Transportation Services No objections to the rezoning. Any deliveries are to take place on the properties. • Municipal Works, Parks Design, Fire Services, Legal Services, Niagara Falls Transit No objections. Neighbourhood Open House A neighbourhood open house was held on May 9, 2013. No neighbours attended the open house to hear about the proposal or to ask questions. June 11, 2013 - 3 - PD-2013-41 ANALYSIS 1. Official Plan The subject properties are designated Major Commercial in the City's Official Plan and are part of the Niagara Square Retail District. This District is to be promoted as a regional shopping district anchored by the Niagara Square shopping centre. Free-standing box outlets and/or multiple groupings of medium and smaller sized retail outlets, together with recreational, community and cultural facilities, are also permitted to reinforce the function as a regional commercial district. Improvements to the QEW/McLeod Road interchange are necessary to accommodate traffic from new commercial developments in the area. The properties are subject to Special Policy Area "63" which allows Council to apply a holding (H) provision to require contributions to fund required road improvements to the QEW/McLeod Road interchange. The proposal complies with the Official Plan as follows: Current policies, approved in 1993, permit the subject properties to be developed with retail uses that would reinforce the District. Due to the small size of the properties, any retail stores would be small in scale. A small retail and commercial development here would be complementary to Niagara Square and to other larger commercial developments in the District. In keeping with the Official Plan, the amending by-law should include a holding (H) provision to require proportional contributions to the QEW/McLeod Road interchange improvements. 2. Zoning By-law The current GC-20, GC(H)-907 and GC(H)-908 zoning of the properties permits all the uses permitted by the GC zone (except retail stores) as well as an automobile service shop and gasoline bar, and a retail store that is ancillary to another permitted use. These zoning regulations remain from a time when Official Plan policies were more restrictive and directed that the subject properties only be developed for non-retail and automotive uses. In 2003, the Committee of Adjustment(CofA)decided that a public garage, auto body could be a permitted use on the lands. The applicant's request to be allowed to establish retail stores on the properties should be accommodated by repealing the existing site specific zoning and replacing it with a new site specific GC zone that permits all the uses in the GC zone (including a retail store), an automobile service centre, a gasoline bar and a public garage, auto body as permitted by the CofA. June 11, 2013 -4 - PD-2013-41 To address funding for the QEW/McLeod Road interchange improvements, a number of area commercial property owners entered into a development agreement with the Region and the City to provide the necessary proportional contributions. A holding (H) provision was added to the lands in the vicinity of the interchange, including the subject properties, to ensure all benefitting landowners pay their proportionate share. The terms of the agreement prevent the construction of new floor area for property owners who have not entered into this agreement and thus have not yet contributed. The holding (H) provision that currently applies to the properties is recommended to be replaced by a provision that prohibits an expansion to the floor area of the building prior to making the necessary contributions, rather than the current wording prohibiting the introduction of new uses. This housekeeping change would better reflect the terminology of the development agreement and would permit the conversion of existing floor area to retail floor space. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Economic Vitality strategic priority in that it fosters growth in the small business sector. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Site Plan Recommended by: (-cc- i - Alex Herlovitch, Director of Pla nning, Building & Development Respectfully submitted: 12ki'►/ Ken odd, Chief Administrative Officer A.Bryce.mb Attach. SiPDR\2013\PBD-2013-41.AM-2013-007, 7361 Pin Oak Drive wpd June 11, 2013 -5 - PD-2013-41 SCHEDULE 1 LOCATION MAP Subject Land - , MCLEOD RD MCLEOD RD MCLEOD RD MCLEOD RD oo 2c7c A • z — 1 /oRO E RD 70 Amending the Zoning By-law No. 79-200 AWl 2013 Location: 7361 Pin Oak Drive Applicant: 1578954 Ont. Ltd. and Royal Auto Collision Ltd. AM-2013-007 June 11, 2013 -6 - PD-2013-41 SCHEDULE 2 - fi r, to - 0- 1. ict o 0 3 3 c z 5 a 0 z N I - • Clifton Hill T. DISTRICT— - F - Sictoria-Centre BIA fopOfCliftonHill,cont Victoria Centre BIA June 4th, 2013 Dean lorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Request to Council to allow the "Summer of Thrills Event 2013" on the Promenade Dear Dean, The Victoria Centre BIA would like to request that Council allow the "Summer of Thrills" event on both sides of the Victoria Centre Promenade; formerly the railway line. This annual event would showcase two shows per day; five days a week, and would run from approximately June 15, 2013 until September 8th, 2013. The Summer of Thrills event would showcase two extreme thrill acts, the Giant Wheel; which would be positioned on the east side of the Promenade, and the Motorcycle high wire; which would be positioned on the west side of the Promenade. To compliment, and further animate the street event, Victoria Centre would like to encompass 6 to 10 Buskers; to perform before and after the extreme thrill acts. Victoria Centre has formed a sub-committee that would audition Buskers, and only approve performances that meet the attached Busker Application Approval Form. Should you have any further questions or concerns regarding this proposed event, please feel free to contact me at 905-357-8646. Sincerely, Vince Ferro, Events Coordinator Victoria Centre BIA. Cell: 905-357-8646 Fax: 905-354-6127 E-mail: vferro @cogeco.net To whom It may concern: I would like the opportunity to continue our cultural event for the Italian Heritage Month Event for the raising of the Flags Italy and Canada, for the month of june, in front of city hall where it took place last year I will also need a city hall councillor to accompany us on june 2, 2013 for the lighting of the falls, at the tower for the italian flag colours I look forward to a response and appreciate, and thank you for the continual support and opportunity to in keeping our italian international culture alive in the Niagara Peninsula District... Mille Grazie, Many Thanks Cordiale, Paulina Caramia 905 684 1719 From: caramiamylovedesigns @ live.ca To: alberto.morganti @tiscali.it; caramiamylovedesigns @live.ca Subject: FW: nazionale congresso italia canada evento 2013 Date: Sat, 23 Feb 2013 15:52:39 -0800 To Whom it may concern: As Appointed President of the Board of Committee for National Congress Italian Canadians in the Niagara Peninsula District, I look forward to continually celebrate the important contributions immigrants have made in building communities, economical, political, social and cultural achievements of Italian Canadians, throughout Canada and internationally. Our 3nd annual 2013 Italian hERITAGE Month Event is an extraordinary opportunity to remember, celebrate and educate future generations about Canadian Italians rich History! The Italian Heritage Month Event will commence on June 2, 2013, following with the special lighting of the falls, with the italian flag colours, then proceeded with a few words of our niagara falls mayor/councillor,finishing the event with the musical version of the two national anthems,the, Oh Canada and Fratelli di Italia On June 4, 2013, we will proceed with the raising of the two flags, canada and italy. As our Honourable guest this year is Signore GIANNI DAVIS. Signore Davis Is a World wide ronowed Italian Artist of cultural, and modern musical exquisite performances. He will bring directly from Rome, Italy, his extraordinary presentation and on going world tour and special tribute to Rome with the the song of "Mamma Roma In Tutto II Mondo" I look forward to your response, and your supportive collaboration, and sponsorship for the NATIONAL CONGRESS ITALIAN CANADIAN, NIAGARA PENINSULA DISTRICT 2013 ITALIAN HERITAGE MONTH EVENT 2 Clerks Department Inter-Department Memorandum TO: Mayor James M. Diodati DATE: June 11, 2013 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: St. Patrick's Church Bell Ringing Clerks office received a letter and visits from a Mr. Brad Bell, who lives in the vicinity of St. Pat's. He is complaining about the ringing of the church bells. Staff contacted the church. They ring the bells every day at noon and at 6:00 p.m. Bells are also rung in conjunction with regular mass services and funerals and weddings. The tone of the bell differs depending on occasion, the duration would be less than 20 seconds at a time, and, other than perhaps the early Sunday morning service, the ringing occurs during regular waking hours. St. Pat's has been in existence for approximately 150 years. By-law staff considers the bells to be a normal noise of living in an urban environment and will not take action under our Noise By-law. Mr. Bell may wish to address Council. RECOMMENDATION: Receive and file. f4111 Working Together to Serve Our Community 1(1c4/1-//\ i /7- . , : .__ ,:_ ._ i -:,. _ _: i . t A� ' c t 12 h r 4*i � Fri( , /V mac,-C/'_ lV/ �t CC'(%i L 7C �.-ate_ i ' /U — � -c r ��f� L � ,/ i rk � �� � i ' 1 fl(i 1 i'4 , jytfr- j Aid a 4 4 Ai/72 / I //' f--:, „eC,, /12p,g, ,/ /if/ ,7* /7-- /,::_, (--7 7 )A--/.7 c7 L. /O l � / Dean Iorfida From: paulina caramia <caramiamylovedesigns @live.ca> Sent: Friday, May 24, 2013 6:16 PM To: Cathy Crabbe; Jim Diodati; city clerk; Dean Iorfida; paulina caramia; Carey Campbell Cc: mariacaramia @hotmail.ca Subject: FW: nazionale congresso italia canada updated since we last spoke, 2013 Hello, Cathy, It was such a pleasure talking with you today, as per our conversation in regards....to our Italian Heritage Month event.... Annual commencing ceremony: Sunday June 2, 2013 3rd year illumination of the Flag Colours starting at 830pm to 1030pm for this I will need a councillor for a few words for italian heritage month all italians in canada and world wide... and being filmed. We then will need for the second event Monday June 24, 2013 3rd year Raising of the Flags Italian and Canadian with guests artists —14 strings", the Mandolino and Guitara directly from Molise, italy at Niagara Falls City Hall,starting at 1200-200pm (I will be there earlier to set up) we will need a councillor or mayor...to present the flag raising, and a few words for our 3rd year event,National Congress Italian Canadian, niagara peninsula district celebrating italian heritage month in niagara.... we will also need city hall gifts from city hall presented to the guests for the italian heritage month event at city halls flag raising we will need speakers, microphone, stand, a few chairs,long table for NCIC for our posters and other media displayed like last year, (I was just wondering if we were able to get a sponsor for our food can we set up and what do we need....) or if you are able to see if they would like to set up the BBQ, media coverage you suggested twitter, facebook, niagara falls city hall event page, niagara falls downtown association can we get snap magazine to run an ad or take picutres the day of....if you have any other suggestions to make this event fully enjoyable that would grand I will speak with you again next week to confirm everything.... thank you, so much for you hospitality and greatness Paulina 905-6841719 From: caramiamylovedesigns @ live.ca To: deaniorfidas @nigarafalls.ca; ccampbell @niagarafalls.ca; ccrabbe @niagarafalls.ca; jdiodati @niagarafalls.ca; caramiamylovedesigns @live.ca; bellapaulinainitalia @hotmail.com Subject: FW: nazionale congresso italia canada evento 2013 Date: Thu, 21 Mar 2013 10:43:00 -0700 Teresa Fabbro From: Carey Campbell Sent: Friday, May 31, 2013 8:57 AM To: Dean Iorfida; Teresa Fabbro; Sarah Conidi Subject: FW: Celebrate June is Recreation and Parks Month! From: Parks and Recreation Ontario [mailto:pro @prontario.org] Sent: Thursday, May 30, 2013 3:57 PM To: Parks and Recreation Ontario Subject: Celebrate June is Recreation and Parks Month! Alla Is RECREATION PARK MONTH a ' . Live it Everyday May 30, 2013 Dear Mayor and Council: We are excited once again for the upcoming celebration of June as Recreation and Parks Month (JRPM) for 2013. Since 2005, June has been proclaimed as Recreation and Parks Month helping children, families, organizations, and communities across Ontario and Canada celebrate the wonderful benefits that recreation and parks provide. This year, the theme for Recreation and Parks Month is Live it Everyday-expressing the need to embrace and participate in recreation and parks programs, services and facilities, everyday! Help promote healthy communities by being one of many municipalities to proclaim June as Recreation and Parks Month! Enclosed is a template you can use. Communities that support this approach become 'Community Ambassadors' and are provided with information and resources to help your community become and remain involved. June is Recreation and Parks Month is a program of Parks and Recreation Ontario (PRO). PRO is a non-profit association of leaders in recreation and parks that advances the healthy, social and environmental benefits of quality recreation and parks. For more information on PRO, please visit www.prontario.org 1 I hope you find this information is of use as you strengthen your commitment to a healthy Ontario! For further information about JRPM, please feel free to contact Fotini Iriotakis at 416.426.7313 or visit our website at www.reca n d pa rks m o nth.ca. Regards, ?Ciigttir4 Jennifer Reynolds President, Parks and Recreation Ontario TEL ��_ --. 2 FAX WEB -. :. EMAIL r:— - '- 2 m m v 0 z 1 N _ � F-2013-36 Niagarafalls June 11, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F-2013-36 Low Income Seniors' Water and Property Tax Rebate RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY During budget deliberations, Council approved continuation of the Low Income Seniors' Water Rebate and the Low Income Seniors' Property Tax Rebate. The respective 2013 budgets were $65,000 and $18,000. Staff are providing this report to identify for Council that the applications for both rebate programs will be available July 2, 2013 and similar to last year, the application period will end October 31 , 2013. Applications for both rebates are available at City Hall or on-line. BACKGROUND In the determination of the 2013 Municipal Utility Budget, City Council approved the Low Income Seniors' Water Rebate for the 2013 year. This rebate provides qualifying seniors a rebate of$100. To qualify for this rebate, a senior must have a municipal water account with NPEI and be a recipient of the Guaranteed Income Supplement. The purpose of the grant is to offset some of the increases in water and wastewater charges. Similarly, in 2011, Council approved a low income seniors' property tax rebate. Qualified applicants for the Property Tax Grant would be any property owner who receives the federal Guaranteed Income Supplement, owns a primary resident in Niagara Falls and is a senior. City staff will take applications from residents that may qualify for either program starting July 2, 2013. Applications will be available in the Finance Department. The City will be notifying the general public through an information card in the upcoming water and sewer bills, as well as through newspaper advertising. FINANCIAL IMPLICATIONS The budget impacts of each program is different. The Low Income Senior's Water Rebate impacts the Municipal Utility Budget and the expenditure is included in the rates to all users. The budget expenditure approved for the 2013 Utility budget was $65,000. In 2012 the cost was $46,750. Alternatively,the Low Income Property Tax Rebate impacts the General Purposes Budget. The cost in 2012 was $18,900. June 11, 2013 -2 - F-2013-36 Recommended by:b � Y Todd Harris.n, Director of Finance Respectfully submitted: Ken Tod , Chief Administrative Officer PBD-2013-43 Niagara&lls June 11, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-43 Commercial Building & Facade Improvement Grant Application CB&FIG-2013-006, 1788800 Ontario Inc. (John Stankovic) 4632 Victoria Avenue RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4632 Victoria Avenue in the amount of$10,000, subject to the owner satisfying the program requirements including obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the grant agreement. EXECUTIVE SUMMARY The application can be supported because: • the proposed commercial building improvement complies with the City's grant program; • the funding assists in improving the structural component of the building in the Downtown; and • funding for the City's portion of the grant is available in the Special Purpose Reserve of the Downtown CIP. The approximate unencumbered balance remaining after funding this grant is $365,875. BACKGROUND The subject property is located at 4632 Victoria Avenue. The property contains a multi unit plaza at the northeast corner of Victoria Avenue and Queen Street. The plaza contains a coffee shop, optical centre and pharmacy. The owner is requesting a Commercial Building Grant for the replacement of the roof. The new roof is estimated to cost approximately $56,000. The applicant is eligible to receive a maximum grant of $10,000. For this application, the owner will be required to satisfy all the requirements of the incentive program including the application of any necessary permits. June 11, 2013 - 2 - PBD-2013-43 FINANCIAL IMPLICATIONS The funding of the grant in this application will come from the Downtown CIP Special Reserves. This reserve has been established to provide funding for the City's expenses related to non-interest loans, and for qualified grants. There is sufficient funds available for the application being considered this evening. The successful approval of the recommended grant will result in an unencumbered balance of $375,875. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as at May 30, 2013 $385,875 Less: CB&FIG-2013-006 -$10,000 Balance Remaining $375,875 CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS Appendix 1 - Location map of the subject property. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: ‘2A/J4J Ken odd, Chief Administrative Officer B.Bolibruck Attach S'.\PDR\2013\PBD-2013-43, CB&FIG-2013-06. 1788800 Ontario Inc., John Stankovicwpd June 11, 2013 -3 - PBD-2013-43 APPENDIX 1 a RI JJ - -- ' S tY mot- t a i /1 Ina i 0 z ■ ,r ` RI k� " it s 1 r 'Z 1 RIE-AFL RIE f3 z4Y— 1114 • Y w! f 7) 1 _. 1 _., .____ — - - i I i --, e7 / ig' i.1 NI l Y w : i __ z / t1 ►i L n I� - ill....1 ID ce --1111L--- H , . -1-1"CI:Lit'r tril-' 4 - I ,`� t- i - - -- T a' - I __ -•• ,__ ,r1? . QR1AlV F T ,�i T -1 3 mil- 3 TS-2013-28 Niagara,Falls June 11, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-28 Oakwood Drive - Speed Limit Review RECOMMENDATION That the speed limit on Oakwood Drive between Montrose Road and a point 1 ,000 metres south of McLeod Road be increased from 50 km/h to 60 km/h. EXECUTIVE SUMMARY A 60 km/h speed limit for Oakwood Drive south of the commercial area is appropriate given the existing road geometry, abutting land uses and operating characteristics. BACKGROUND A request has been received to review the feasibility of increasing the speed limit on Oakwood Drive from 50 km/h to 60 km/h to better reflect the physical and operating characteristics of the road south of the new commercial node. Oakwood Drive is a City collector road that extends northerly from Montrose Road to a dead end north of McLeod Road. Within the study area, Oakwood Drive is a two-lane, 8.0 metre wide road with a curb and gutter on both sides throughout most of its length. The abutting land uses on the east side are zoned primarily prestige industrial and include a mix of single family residential dwellings, vacant lots, car dealerships and other automobile related businesses, an art gallery, construction/ landscaping businesses and a campground. The Queen Elizabeth Way is to the west of Oakwood Drive. Oakwood Drive within the study area is relatively level and straight, except for a sharp curve, signed with a 40-km/h advisory speed, where it continues underneath the Queen Elizabeth Way prior to connecting with Montrose Road. ANALYSIS/RATIONALE Speed limits are set according to the road geometry, adjacent land uses and the prevailing operating speed. Given the commercial/industrial nature of the majority of abutting land uses, straight road alignment affording drivers'excellent sight lines, low pedestrian activity, lack of accesses along the west side and large spacing of driveways on the east side of the road, a 60 km/h speed limit is justified on Oakwood Drive between Montrose Road and June 11, 2013 - 2 - TS-2013-28 a point 1000 metres south of McLeod Road. The recommended speed limit is more comparable with the speed that drivers travel along this section of Oakwood Drive and matches the speed limit already in place on Montrose Road on the opposite side of the freeway. A collision problem does not exist on Oakwood Drive. Extending the 60 km/h speed limit into the four-lane cross-section alongside the Walmart plaza is not recommended. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2013 General Purposes Budget. The estimated cost to install the signs is approximately $1,000. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENT Study Area drawing. Recommended by: —P 9-) Karl Dreri iD rector of Transportation Services Respectfully submitted: Ke Todd, Chief Administrative Officer 1' �k .,. - p t 1. MacBain _- .- - L Lowe's Centre _ �.} - tims; . ,, s t,x Walmart • • Niagara r t '"Z" Square `v - t r f r.1 �I f 1 YY 1• ; T i .F .. T. a } y•• wr,., ��11 t # _ ` P 747 ii. I t. gy. y E w ^ff • . °'"i� iR 4.1 x. y� v:yp , I,:. 4 04. T • ' 4 4 t . I 1 �. 7 Y ,Y,;-•- NORTH � TS-2013-28 . Existing 50 km/h Zone Oakwood Drive Proposed 60 km/h Zone NiagaraFalls Speed Limit Review z m to 0 r c 0 z Cl) f. LagNi CITY OF •CANADA 14464RA_FAO. The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS The Downtown Board of Management (BIM, representing the businesses on Queen Street. have a number of events planned for the summer: and WHEREAS one of the events is --Music in the Park" (the "event") to be held at Centennial Square in front of City Hall; and WHEREAS the event would run Fridays from 6:00 to 11 :00 p.m. throughout the summer: and WHEREAS the event is comparable to a similar event the BR did last summer on Thursday evenings. with no issues; and WHEREAS this year the Downtown and BIA will be hosting the City's Canada Day festivities: and WHEREAS the BR would like to provide beer and wine to the public for these events: and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO). the events require a resolution of Council recognizing them as a public events of municipal significance; and WHEREAS the "Music in the Park" is significant as it provides exposure to the City's Downtown core: and WHEREAS Canada Day is a well-established annual event in our community. THEREFORE BE IT RESOLVED that Council consent to Centennial Square being the venue for the proposed concert series; and FURTHER BE IT RESOLVED that the Council consent to relief to the City's Noise By-law to allow music to be played until 11:00 p.m. FURTHER BE IT RESOLVED that Niagara Falls City Council considers the"Music in the Park" and--Canada Day'of municipal significance and supports the provisions of a Special Occasion Liquor Licence (SOP) for the events. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR co r D U) N CITY OF NIAGARA FALLS By-law No. 2013- A by-law to amend By-law No. 79-200, to change the zoning of the Lands to a site specific R2 zone, to permit the construction of a semi-detached dwelling (AM-2013-003). 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 shall be the uses permitted by a R2 zone. 5. The regulations governing the permitted uses shall be: (a) Minimum interior side yard 2.1 metres width adjacent to the north lot line for a dwelling without an attached private garage (b) Minimum interior side yard 1.9 metres width adjacent to the south lot line for a dwelling without an attached private garage (c) Maximum width of driveway or 55% of the lot frontage parking area in the front yard (d) The balance of regulations specified for a 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. -2- 9. The provisions of this by-law shall be shown on Sheet B5 of Schedule"A"of By-law No. 79- 200 by redesignating the Lands from RID to R2 and numbered 985. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.985 Refer to By-law No. 2013-_ Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 11, 2013 Second Reading: June 11, 2013 Third Reading: June 11, 2013 S:\ZONING\AMS\20 13\By-laws\Byam003.wpd SCHEDULE 1 TO BY-LAW No. 2013- Subject Land BADGER RD IIIIIIIIIISIII IIII Z z mE m Se. rA III €N III MI al1 NTS Amending Zoning By-law No. 79-200 Description: Jones St PI 100 Stamford; Niagara Fails 1 Ft Reserve PI 100 Stamford; Niagara Falls Applicant: O.P.M. Properties Ltd. Assessment #: 272509000701450 AM-2013-003 K:\GIS_Requests\2013\Schedule\ZoningAM\AM 03\Zoning.map May 2013 ��. - ill CITY OF CANADA ,t1jACARA FALLS THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2013 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited. Limited Parking. Loading Zones. Speed Limits on Fighways -(Part 1 -40 km/h). Speed Limits on Highways - (Part 2 - 60 km/h)) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000. as amended. is hereby further amended (1) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN t COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Sylvia Place East A point 31 metres south of Ferry Street and At All Times a point 125 metres south of Ferry Street (2) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Sylvia Place East Ferry Street and At All Times a point 125 metres south of Ferry Street Sylvia Place West A point 51 metres south of Ferry Street and At All Times Peer Street (3) by adding to the specified columns of Schedule M thereto the following item: -7- LOADING ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Sylvia Place West Ferry Street and At All Times a point 51 metres south of Ferry Street Tour Bus Loading and Unloading (4) by adding to the specified columns of Schedule F thereto the following item: LIMITED PARKING COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES OR DAYS MAXIMUM PERIOD PERMITTED Sylvia Place East A point 15 metres north of Peer Street and 9:00 a.m. to 5:00 p m. 2 Hours a point 125 metres south of Ferry Street No Re-Parking Within 5 Hours of Initial Parking (5) by removing from the specified columns of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS - (PART 2 - 60KM/H) COLUMN I COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED (KM/H) Grassy Brook Road Montrose Road and the western terminus of 60 Grassybrook Road (west of Montrose Road) (6) by adding to the specified columns of Schedule WI thereto the following item: SPEED LIMITS ON HIGHWAYS - (PART 1 - 40KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED(KM/H) Grassy Brook Road Montrose Road and the western terminus of 40 Grassy Brook Road (west of Montrose Road) -3- This By-law shall come into force when the appropriate signs are installed. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading. June 11, 2013 Second Reading: June 11. 2013 Third Reading. June 11. 2013 a li I I dI� Labsi I'hi I II: �_ i Jr CITY OFe CANADA I Nop AILS THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2013 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways - (Part 2 - 60 km/h)) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1 . By-law No. 89-2000, as amended, is hereby further amended by adding to the specified columns of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS - (PART 2 - 60KM/H) COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN MAXIMUM SPEED (KM/H) Oakwood Drive Montrose Road and 60 a point 1,000 metres south of McLeod Road This By-law shall come into force when the appropriate signs are installed. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading. June 11, 2013 Second Reading: June 11, 2013 Third Reading. June 11, 2013 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to amend by-law 2013-82,being a by-law to authorize the execution of an Agreement with the Niagara Falls Fitness Studio & Wellness Cafe respecting the Adopt-A-Program public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That paragraph 1 of By-law 2013-82 be amended deleted and replaced with the following: An Agreement dated May 14, 2013 and made between the Niagara Falls Fitness Studio & Wellness Cafe of Niagara Falls as City. respecting the Adopt-A-Program public service program for volunteers to be responsible for litter pick up,weed pulling,etc.. specifically on Victoria Avenue between Bridge Street and River Road, including the former CP Rail Line between Victoria Avenue and Park Street as attached hereto, is hereby approved and authorized. 2. That Schedule "A" is hereby deleted and replaced with Schedule "A" attached hereto. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: June I I, 2013 Second Reading: June 11. 2013 Third Reading: June 11, 2013 SCHEDULE "A" to an Agreement originally dated the 14th day of May, 2013 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Street: Victoria Avenue between Bridge Street and River Road, including the former CP Rail Line between Victoria Avenue and Park Street. Niagara Falls Fitness Studio & Wellness Cafe ■ Victoria Avenue from Bridge Street to River Road \"'+cvet and the former CP Rail Line from Victoria Avenue 4 °4.FV to Park Street ;\ 2013 `a,, Volunteers: a, 11111 Niagara Falls Fitness Studio & Wellness Cafe 2 Y11 4776 Bridge Street r Niagara Falls, ON L2E 2R8 • A Oft• Attention: Yvonne and Jim Price "�, P*oyo t e^u Telephone: 289 931 3488 V ii Email:ylindgren price @hotmail.com r r� City of Niagara Falls CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of a Memorandum of Understanding dated June 11, 2013, respecting the City's commitment to the Niagara South Hospital. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated June 11, 2013, and made between Josefa Grassi as Donor, and The Corporation of the City of Niagara Falls as City, respecting the City's commitment to the Niagara South Hospital by its assistance to the Donor in promoting the preferred site for same, as attached hereto, is hereby approved and authorized. 2 The Mayor and Clerk are hereby authorized to execute the said Memorandum of Understanding. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Memorandum of Understanding. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 11, 2013. Second Reading: June 11, 2013. Third Reading: June 11, 2013. THIS MEMORANDUM OF UNDERSTANDING made this 11th day of June, 2013. BETWEEN: JOSEFA GRASSL Hereinafter referred to as the "Donor" OF THE FIRST PART; -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS the government of the Province of Ontario has announced an intention to locate a hospital in the southern part of the Region of Niagara; AND WHEREAS the Donor is the owner of the preferred site for that hospital; AND WHEREAS the City is committed to ensuring that the Niagara South Hospital is located within the City of Niagara Falls; AND WHEREAS the City intends to manifest its commitment to the Niagara South Hospital by assisting the Donor with promoting the preferred site; The City and the Donor have reached the following understanding: 1. The Donor intends to donate the land illustrated on Attachment "1" (the "Site"), for the purpose of use by the public authorities as a hospital, and for no other purpose. 2. The City will encourage the Province of Ontario or any other authority in control of the design and construction of the Niagara South Hospital to locate the Niagara South Hospital upon the Site, in every possible way. 3. The City will assist the Donor, in any way possible, to obtain the maximum possible taxation advantage for the donation of the Site. 4. The City will assist the Donor, in any way possible, to secure the agreement of the Province of Ontario or any other authority in control of the design and construction of the Niagara South Hospital, to name a wing of the Niagara South Hospital the - 2 - "John and Josefa Grassi Wing". IN WITNESS WHEREOF the parties hereto have hereunto executed this Memorandum of Understanding. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) (Witness) ) JOSEFA GRASSL ) THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: ) James M. Diodati, Mayor ) ) Dean lorfida, City Clerk Attachment "1" ' ¢v N A LaT 10 R Ap • • GRASSYBROOK RC A° V 0094 LOT 1 SC) LOT2 o ‘ L013 59R702 g . _ Ji 47Q ^ CO yQ�o a N oa w F� ,... 0 PL1N i ' o P. 470.133) r m �- r - 0098�L59R8•• O m l i 11 LOT I --------.0 LOT 2 N LOT Lora - d r O ti A ! ServiceOntario LEGEND NOTES _ REVIEW OE TITLE RECORDS TI O AS THIS COMPLETE MAY FREEHOLD PROPERTY PROPERTY CT RECENT AS THIS MAP MAY LEASEHOLD PROPERTY NOT REFLECT RECENT REGISTRATIONS PRINTED ON 22 APR,2013 AT 15:3D:01 --_ FOR HEATHERS01 LIMRED INTEREST PROPERTY __ THIS MAP WAS COMPILED FROM PLANS AND DOCUMENTS RECORDED IN THE LAND CONDOMINIUM PROPERTY REGISTRATION SYSTEM AND HAS BEEN PREPARED RETIRED RN(MAP UPDATE PENDING) ' __] FOR PROPERTY INDEXING PURPOSES ONLY SCALE PROPERTY NUMBER 0449 FOR DIMENSIONS OF PROPERTIES BOUNDARIES SEE 0 125 250 3T5 BLOCN NUMBER 08050 RECORDED PI.ANS AND DOCUMENTS WINS GEOGRAPHIC FABRC - -'" ONLY MAJOR EASEMENTS ARE SHOWN EASEMENT - - - REFERENCE PLANS UNDERLYING MORE RECENT REFERENCE PLANS ARE NOT ILLUSTRATED PROPERTY INDEX MAP THIS IS NOT A PLAN OF SURVEY NIAGARASOUTH(NO. 59) Ontario ©Marten's Printer for Ontario.2012 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of a Permission to Use Lands Agreement dated June 11, 2013, respecting the City's licence to use a portion of Josefa Grassl's lands for the installation and maintenance of a sign advertising the future site of the Niagara South Hospital. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Permission to Use Lands Agreement dated June 11,2013,and made between Josefa Grassi as Owner, and The Corporation of the City of Niagara Falls as City, respecting the City's licence to use a portion of Josefa Grassl's lands for the installation and maintenance of a sign designed for the advertising of the future site of the Niagara South Hospital, as attached hereto, is hereby approved and authorized. 2 The Director of Business Development is hereby authorized to execute the said Permission to Use Lands Agreement. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 11, 2013. Second Reading: June 11, 2013. Third Reading: June 11, 2013. THIS PERMISSION TO USE LANDS AGREEMENT made this 11th day of June, 2013. BETWEEN: JOSEFA GRASSL Hereinafter referred to as the "Owner" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS the Owner is the owner of lands and premises more particularly described in Schedule "A" attached hereto (the "Subject Lands"); AND WHEREAS the City wishes to use a portion of the Subject Lands for the installation and maintenance, of one (1), ten (10) feet by forty (40) feet, single faced structure designed for advertising purposes, more specifically the advertising of the future site of the Niagara South Hospital only, (the "Sign") on the (the "Site") as more specifically shown in heavy outline on the sketch attached hereto as Schedule "B", NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and other good and valuable consideration, the parties agree as follows: 1. Grant and Term 1.1 The Owner hereby grants the City a non-exclusive licence to use the Site from the 3rd day of June, 2013 until commencement of construction of the Niagara South Hospital (the "Term"). 2. Compensation 2.1 As compensation for the permission granted by the Owner, the City shall pay to the Owner the sum of One Dollar ($1.00), in advance. 3. Use of Site by City 3.1 This licence entitles the City to use the Site for the installation and maintenance of the Sign, and for no other purpose. - 2 - 4. City's Obligations 4.1 The City shall not damage the Site. 5. Owner's Obligations 5.1 The Owner agrees that it shall: (a) Allow access to the Site by the City, its employees and agents and the general public; and (b) Not use or permit the use of the Site in such a manner as to cause additional costs for the City. 6. Insurance 6.1 The City shall, at its own expense, effect and keep in force at all times during the currency of this Agreement, for the Site, a policy of insurance in the amount of $5,000,000.00 for coverage of municipal liability. 6.2 The City shall name the Owner as an additional insured on the insurance policy set out in Section 6.1 above. 7. Indemnification 7.1 The City indemnifies and saves harmless the Owner against all manner of actions, causes of action, claims, demands, loss, costs, damages and expenses whatsoever, of every kind and nature that may be suffered by or occasioned by the Owner in any manner howsoever by reason of the use or enjoyment of the Site, save and except for those actions, causes of action, claims, demands, loss, costs, damages and expenses occurring during such times when the Subject Lands are under the care and control of the Owner or as a result of the negligence of the Owner's employees. 8. General 8.1 Neither party may assign its interests in this Agreement without the specific consent of the other. 8.2 Upon termination of this Agreement, the Owner may require the City, at its own expense, to remove any of its installations and facilities from the Site and restore the Site to a condition satisfactory to the Owner. 8.3 There are no covenants, representations, warranties, agreements or conditions - 3 - expressed or implied relating to this Agreement except as expressly set out in this Agreement and the Schedules attached hereto. This Agreement may not be modified except by an agreement in writing executed by the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) (Witness) ) JOSEFA GRASSL ) THE CORPORATION OF THE CITY OF NIAGARA FALLS ) Per: Serge Felicetti Director of Business Development SCHEDULE "A" Part of Lot 1, Concession Broken Front Crowland; Part of Lot 2, Concession Broken Front Crowland as in R0575539; City of Niagara Falls; Regional Municipality of Niagara. SCHEDULE " Bit Future Site of Niagara South Hospital Sign Lyons Creek Road @ Montrose Road S ------- ,v VIS • 4 '7 401k, 7 - • IC,' • • ""' k - 4- • 3 4! Subjetsid „ • C _ Grassi, Golden Horse Shoe Ventures Site -Ortho Map Sr* Owner:GRASSL,IOSEFA \mem arans Area:87.81 acres Mels c arAbe VCCO CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an Amending Subdivision Agreement with 1340258 Ontario Inc. respecting Warren Woods Subdivision. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Amending Subdivision Agreement dated the 20th day of August,2012 and made between 1340258 Ontario Inc. and The Corporation of the City of Niagara Falls with respect to the reconfiguration of Phase 2 Stage 1 of the development, attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Amending Subdivision Agreement and all other documents that may be required for the purpose of carrying out the intent of the by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 11, 2013. Second Reading: June 11, 2013. Third Reading: June 11, 2013. Schedule Page I THIS AMENDING AGREEMENT made the 20'"day of August,2012. BETWEEN 1340258 ONTARIO INC. a company incorporated under the laws of the Province of Ontario, J�(� Hereinafter called the"Subdivider" of the FIRST PART; -and- I THE CORPORATION OF THE r ) CITY OF NIAGARA FALLS, y J Hereinafter called the"City", of the SECOND PART; WHEREAS the Subdivider and the City entered into a subdivision agreement dated the 16'h day of November,2011 and registered in the Land Registry Office for the Land Titles Division of Niagara South on the 6`"day of March,2012,as Instrument Number SN339585(hereinafter referred to as the "2011 Agreement"); AND WHEREAS it is expedient to amend the said agreement(s)as hereinafter provided; NOW THIS AGREEMENT WITNESSETH that the Subdivider and the City covenant and agree as follows: 1. To amend the 2011 Agreement by deleting Schedules"A",`B","C"and"F",and inserting Schedules"A",`B","C"and"F",attached hereto. 2. Any notice to be given pursuant to this Agreement and the 2011 Agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Owner and the City as follows: 1340258 Ontario Inc.(Warren Woods Land Corporation-Robert O'Dell) 7595 Brown Road Niagara Falls,ON L2E 6S5 Telephone No: (905)687-0337 Fax No: (905)682-6959 The Corporation of the City of Niagara Falls Attention: City Clerk 4310 Queen Street P.O. Box 1023 Schedule Page 2 Niagara Falls,Ontario L2E 6X5 Telephone No.: (905)356-7521 Fax No.: (905)356-9083 (1) Where this Amending Agreement requires notice to be delivered by one party to the Other,such notice shall be in writing and delivered either personally,by e-mail,by fax or by prepaid ordinary first class post,by the party wishing to give such notice, to the other party at the address noted above. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery,on the date of delivery; (b) in the case of e-mail or fax,on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day,provided the next day is not a holiday;and (c) in the case of registered post, on the third day, which is not a holiday, following posting. (3) The Owner and the City agree that the terms of the 2011 Agreement as amended in all other respects are confirmed and shall remain the same. 3. The Owner shall assume all liability and obligation for any and all loss,damage,or injury (including death) to persons or property that would not have happened but for this Amending Agreement or anything done or maintained by the Owner thereunder or intended to be, and the Owner shall at all time indemnify and save harmless the City and its successors, administrators, permitted assigns,officers,employees,agents,servants,representatives,appointees and all others for whom the City is responsible in law and its affiliates and their respective successors, administrators,permitted assigns,officers,employees,agents,servants,representatives,appointees and all others for whom the City is responsible in law from and against all such loss,damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims,or demands arising therefrom or connected therewith. Notwithstanding the above,the Owner shall not be liable hereunder for any loss,damage or injury arising from the negligence or other wrongful act of the City. Schedule Page 3 4. All of the provisions of the said subdivision agreement dated the I eh day of November, 2011 shall remain in full force and effect except as amended by the provisions of this agreement. IN WITNESS WHEREOF the Owner and the City have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their respective Corporations. 1340258 ONTARIO INC. ) Name: . CucCZC& Title: PVYcniipA Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name:James M. Diodati Title: Mayor Name: Dean Iorfida Title: City Clerk Schedule Page Schedule "A" Warren Woods Subdivision Phases 1 & 2 .LED -.1 41111 )<Y� Rel a ''� 51X 1" m Ma �9 EID�s9-? Sw 15f ®�® MI BERM Lis 1 In ®pr!i 1: lx n n C is, 177 ' its 1511 `�ya� • O 155 1 © tl.M M9bblrtl 91n5t t-n opt® .11lSi ) a mm p AMCin M.b.Rr Mlle WC 91 ear:t ::m ::=::te a Sala MS 111111 This is not a plan of Survey N n Subdivision Plan Lot I 1 Existing Property Parcel w 1 1—' Road Allowance y stare I NTS x 6n Reouty lrSxMUM`J.tlrvmnlww•nTm Tae.“.NubY.LeJuenYV I.IMInI: i`J.SuWivrn 2 'I SulAiS.lISAYC2SO Wnrvn WIlds A5,IermIHlE_VTSED SCHEU!2U1Y'115552 STAGE'S I A&SISuglduk A H,EI I SIIH I ASS C Ywge 2.spA Schedule Page Schedule "B" Warren Woods Subdivision Phases 1 & 2 Part of Township Lot 185 (Geographic Township of Stamford)in the City of Niagara Falls,in the Regional Municipality of Niagara being composed of: Streets namely Butternut Boulevard,Cottonwood Drive, Dogwood Crescent,Elderberry Drive, Goldenrod Trail,Hickory Lane,Mulberry Drive,Nightshade Street,Primrose Lane and Sumac Court,and Firstly-Phase 1: Lots 1-79(both inclusive-Single/Semi Detached), Block 80(Park/Trail),Blocks 81-83(both inclusive-Townhouses),Block 84(Park),Block 85 (Townhouses),Block 88(Multi-Family),Pt Block 89(3.0m Widening)and Blocks 90,91 &198(0.30m Reserves),forming Phase 1.and Secondly-Phase 2: Lots 92-96(both inclusive-Single Detached), 167-193(both inclusive-Single Detached),Block 87& 196(0.30m Reserve),Block 197(Park/Trail)and Pt Block 89(3.0m Widening)forming Phase 2 Stage 1A,and Lots 97-109(both inclusive-Single Detached), 145-166(both inclusive-Single Detached)and Block 86(0.30m Reserve)forming Phase 2 Stage 1B,and Lots 110-127(both inclusive-Single Detached), 132-139(both inclusive-Single Detached), 128-131 (both inclusive-Semi Detached), 140-144(both inclusive-Semi Detached)and Blocks 194& 195(Townhouses),forming Phase 2 Stage 2, all according to Registered Plan 59M-388. I.SoWimmAI SI I,,,,,I%-2aa W&.,W )d Aw,,,IIiREVISfI)s[VVOVLav PHASE 1srneUF l A&X'%Aaddc n mm]S'.i A&E sSYerz ye X d O d O d N N o 0 N O m ° N- O to E E 0 0 5 co o o a 0' cv <' o CO CO o 0° J ._ N OI o L C N N 0 N- 10 "' N CO in 0 p W J O ca o' a N) !A Co- ; f9 f9 N3 C] U < w w X m d O 6 N N C J OI E d d O O °,- O E O C M q 69 0 O CO O tG N V n Uw ° d CO » » 69 w ai H X d N N C N D 0 ° N N N 0 0 E d co O O co O ° ^ N ° o 0 h 8 2 J N O a ° U F U YO y N 9 N " N I N W 6 N s w n 64 - to aj a 69 w N» X a C 41 13 03 O 0 N CO E 2 E = a d a o ° m o 0 0 rn a o d d A <i O N - Ol L a w 9 ° ° 1.r N V W JU0Q G N V O » as w m» X d ° C CO J C d N 0 j W O W C 69 OM N° o N CO co.ca U co N `o, a co w Nf9 69 - w Q 5 co NI a co C jp 1' d m of O 0 p to ry - OD O n 00 E o E o '^ ^' co 0 0 `8 0 °m 0 0 ° cv N '� m o O7 k- . U L R - s w 9 N <N 64 ^O o cn- n -- A N 69 'm U in 0- ° 69 0 ON w 0 ai CC co N V d O N _ d N a 0 n c .j c d N W 0 C1 ° N o M? E E a -o d T co o Clod 'a m 8 w U W J O Q a y 69 n U ce 10 i9 69 69 w m O _ N m 2 C d N Q mC O O d 0 O O N IM A m 0 fo a m W z m ta Q ei O 0 u S O U a U j d L N n ( U m Q d v) w F9 w !9 ai N T -- C m -o N Q m E ° 0 d r- N- 0O 0 O M 0 v m ° an O O E O E p d d CO 0 ° 0 0 0 i0 o Cl N i� O o co so c co U w a ° 0 e9 to w to to z w w w d' p mw m 3 d ` N O p CO 1p ` a c E o co M N o N ID 0 O o E a m _ °° ° ° O co m ° v J E d go 0 ° V co O ai do 69 CO 69 69 R C O E O O E w N o m o o CI n J L or d t co O to in rod,Ti o O N O di yUQ d w uN ° w w w N O 0 NN m EN ry y d o co CO N o °0 °0 0 ^ AS 0 CO 0 t o 0i CI J o E O 111 N n N_ 0 0 0 0 CO H N- p O on O N �. U L [O N C"l 69 N h a O (h r (O I� �l1 N 0 W 1 Ui w f9 69 W Yi a) N i9 W M N W M M q cn- C N d V N 0 O O 0 p 0 td r N- 0 ° ° ca E W o _ d N n CO' N ° ? r O Vj to0_ 001 ,_ n < N LO m c a1 N ° _ N vi o U Wa d, ' u, °a, N $ = ° ` 0O' M E0 w ^» a) w 1 o 9 r E F d q33 _c , B �j 2 q� t Y a O Z C 3 ° q $ 3 .l ' (j $ $ z S g d LL = a I F .L g m € m s 3 6 4 y i $ c'' a i 8 a J ° ] .� c i a 33 � " 'a �1 g € FSY g a co $ x, E C N A2 1 5a a1 a ¢ a b i 8 W m S S lc- \ \ \ \}\ } \ » > ) $ i ! } \ E ° g e k \-c c C 720 i � - - 0 01 - - j ` ! ° Z / \ j CO) ; ; N \ \ } \ \ E 1P,.5. u \\ c \ & i } 7 ) ) « } \ \ }~ , °- ) \ H .111 ) } CO 0 -co 0 cn ; 2 0 } } \69 S :4 ] r ) : 2 , , > , - ) ; { / / _ U « _ _ _ ,co 10 In § { ) { ! i ! = \ H . \ \ N \ N ` ® _ . 2 .tL0 coro o i r 4. > 7].io - } i } ) ) ) > ) \ 111- N \ \ 0 \ co \ ` CS \ \71 CO 0 N or 2 0\ \E ) _ » co\ } CO� ± `j � \ \ \ N cn 8 ts \ ! \ ! \ ! \ i \ k 3 ; j ! ! | ! t § \ . . cn ! \ ! � . © . i , 9 ! ! \ ! ! | I ! gig ! p | } ! !! ! , . ! : ! dlcc Sl8 \ 2 cc / \) \ \) ) §\ \ | ) gi ) j § t an / /) \ a • I |a I }}\ ( 00 ! ! «;E !, ! ! ]) S \-0 N 0 r IC EC ; _ 2• ! a • | i\ -U ie E j )! }— — \ 0 Cfi \ c ! \en ! !}N k n ) - \) . ° | — - ] ) _ \ ) k � � `� ® !! \°a' e } { }} }\ }ƒ \\I : c § I � \ ! { [ / = a ! ) ! CC ST . \a a !!}{ : < < N"" < \ ` ) ✓ ' ! ƒ! ) 9 \ \ � Enu_ §) § N IS , IS I }) - " - !§�} : ij! ` - « \) _! - _ ' ! - ! _ 0= ) :: :)\ n a 2: _ : : o `2` `®;N- !` I !c ! -4c / < §f ! {! } o co| i QE. /DID \ / ° o !- { !/)k o ct) o. /! ! ; §|` !t| }!a{ }) 2 )]) r ) R \ i'0- m { W , hi.- .) Jon. I .5 ;QS ;! f! CI la � ` } = \ \) !, r i( • ;/} t} • }! a U ) , . H | ; Z al ; ■!! f #»! - 1 = / )\ Dm / j# y : a wa CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to establish Part of Township Lot 209 Stamford being Parts 21 and 23 on Reference Plan 59R-13527 as a public highway, to be known as and to form part of Kalar Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part,that a municipality may pass a by-law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Township Lot 209 Stamford being Parts 21 and 23 on Reference Plan 59R- 13527 in the City of Niagara Falls,in the Regional Municipality of Niagara,be established for public highway purposes. 2. That said Part of Township Lot 209 Stamford being Parts 21 and 23 on Reference Plan 59R- 13527 in the City of Niagara Falls, in the Regional Municipality of Niagara, that is hereby established as a public highway, be known as and form part of Kalar Road. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 11, 2013. Second Reading: June 11, 2013. Third Reading: June 11, 2013. CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an Agreement with Dr. Rosemary Okafor dated June 11, 2013, respecting the physician's commitment to practice medicine in the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated June 11, 2013, and made between The Corporation of the City of Niagara Falls as City, and Dr. Rosemary Okafor as Physician, respecting the Physician's commitment to practice medicine in the City, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 11, 2013. Second Reading: June 11, 2013. Third Reading: June 11, 2013. CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an Agreement with Dr. Benjamin Pang dated June 11,2013, respecting the physician's commitment to practice medicine in the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated June 11, 2013, and made between The Corporation of the City of Niagara Falls as City, and Dr. Benjamin Pang as Physician, respecting the Physician's commitment to practice medicine in the City, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this eleventh day of June, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 11, 2013. Second Reading: June 11, 2013. Third Reading: June 11, 2013. CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11' day of June, 2013. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 11th day of June, 2013 including all motions, resolutions and other actions taken by the Council at its said meeting. are hereby adopted. ratified and confirmed as if they were expressly embodied in this by-law. except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council. then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby. or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required. and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this eleventh day of June 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: June 11, 2013 Second Reading: June 11. 2013 Third Reading: June 11, 2013