Loading...
2006/09/11s'%/ T s�. cwr//.. urnwyu�. is .S.ss'u'�/'vF�.ci/i/ %Y Sv olis» /�iu�s��:yn.,f%/•L %tsv.%w• ��Y1 4�+ Y�il nn/`; c,: ✓r.%:fi;..>w,�:.af'/.i.✓ v'+d,s(.�'l.i COUNCIL MEETING Monday, September 11, 2006 Order of Business and Agenda Package PRAYER: Alderman Carolynn loannoni COUNCIL MEETING September 11, 2006 ADOPTION OF MINUTES: Council Minutes of August 21, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Breast Cancer Awareness Month Alzheimer Society of Niagara PRESENTATIONS /DEPUTATIONS Sarah Wood, Tami Jeanneret and a representative from the local Breast Cancer foundation wilt outline the various events associated with Breast Cancer Awareness Month, including the Estee Lauder Global Illuminations Event at the Falls. Teena Kindt, Director of Development of the Alzheimer Society of Niagara will be addressing Council regarding their National Signature Event, the Annual Coffee Break for the National Alzheimer Society. Y PLANNING MATTERS Public Meeting Zoning By -law Amendment Application, AM- 26/2006 4084 Martin Avenue Applicant: Jim Pattison Entertainment Ltd. Proposed 4 -Unit On- Street Townhouse Dwelling 2 Background Material: Recommendation Report: PD- 2006 -73 -AND- Correspondence from the Region's Planning Development Department Public Meeting Zoning By -law Amendment Application, AM- 24/2006 6005, 6015 and 6027 Drummond Road Applicant: Vijay Kapur, Agent: Chris Cristelli Five (5) Proposed Cottage Rental Dwellings Background Material: Recommendation Report: PD- 2006 -76 -AND- Correspondence from the Niagara Region's Planning and Development Dept. Correspondence from Rudy Tychynski Correspondence from Risto Liipere MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. The Royal Canadian Legion request that September 17 -23 be proclaimed as "Legion Week" and that permission be granted for a Legion Flag raising ceremony on Monday, September 18 in honor of Legion Week. RECOMMENDATION: For the Approval of Council 3 2. Knights of Columbus- are requesting that September 17 2006 be proclaimed 0 p p med as "Knights of Columbus Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. The Canadian Union of Public Employees request that Wednesday, (CUPE) q sda y, October 25 2006 be proclaimed as "Child Care Worker Earl Childhood Educator ucator Appreciation Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2006 -13 Election Matters CAO- 2006 -04 Economic Growth Strategy: Opportunities for inter-Municipal Cooperation in Niagara F- 2006 -46 Hydro One ARB Assessment Appeal F- 2006 -49 Municipal Accounts -AND- 4 PD-2006-62 Charting the Course for 2031" The City's Official Plan Review PD- 2006 -72 Sidewalk Cafe Licence Agreement with the City SWC- 08/2006 Golden Street Steak House, 5077 Centre Street PD- 2006 -74 Sidewalk Cafe Licence Agreement with the City SWC- 07/2006 Sports Beat Bar Grill, 5259 Victoria Avenue PD- 2006 -75 Sidewalk Cafe Licence Agreement with the City SWC- 03/2006 The Loveboat Steak Seafood Restaurant, 5845 Victoria Avenue PD- 2006 -78 SWC 04/2006, Sidewalk Cafe Licence Agreement with the City The North Daily Planet Tap Eatery, 4573 Queen Street. MW- 2006 -102 Downtown Eastern Gateway Environmental Assessment Consultant Selection MW- 2006 -103 Warren Creek Watershed Plan Implementation Municipal Class Environmental Assessment MW- 2006 -104 Tender 2006 178 -06, Lundy's Lane Installation of Water Services by Boring MW- 2006 -105 Tender 2006 171 -06 Barker Street, Hiram Street Watermain Replacement MW -2006 -106 Tender 2006 151 -05 Bridges Culverts Minor Repairs Guide Rails Erosion Control RESOLUTIONS 1. MW -2006 -107 Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) Application for Funding Resolution Weightman Bridge THEREFORE BE IT RESOLVED THAT the Weightman Bridge Deck Replacement is the highest infrastructure renewal priority within the City of Niagara Falls. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -164 2006 -167 2006 -168 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 1083278 Ontario Limited, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of The Daily Planet located at 4573 Queen Street. 2006 -165 A by -law to establish Parts 1, 2 and 3 on Reference Plan 59R -13122 as a public highway, to be known as and to form part of Churchill Street. 2006 -166 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Tony Novacic and Anna Novacic c.o.b. as Sports Beat Bar Grill and William Stevens and Maria Stevens, respecting the licencing of a Sidewalk Cafe over a portion of city sidewalk in front of Sport Beat Bar Grill located at 5259 Victoria Avenue. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with La Parmigiana Restaurant Ltd. c.o.b. as The Love Boat Steak Seafood Restaurant, respecting the licencing of a Sidewalk Cafe over a ortion of City Y sidewalk in front of The Love Boat Steak Seafood Restaurant located at 5845 Victoria Avenue. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Louis Petrakis, George Petrakis and Stella Petrakis, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Golden Steer Steak House located at 5077 Centre Street. 2006 -169 A by -law to amend by -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. Stop Signs, Heavy Vehicle Restriction Ascot Circle, Houck Drive, Rosedale, Ontario and Palmer Avenue) 2006 -170 A by -law to provide for advance voting prior to voting day for the 2006 Municipal Election. 2006 -171 A by -law to set fees and charges for additional election materials. 2006 -172 A by -law to authorize the use of optical scanning vote tabulators at the regularly scheduled 2006 Municipal Elections. 2006 -173 A by -law to authorize the execution of an Agreement with The Niagara Parks Commission respecting the hosting of the FireFit Championships competition in Niagara Falls on September 14 to 17, 2006. 2006 -175 6 2006 -174 A by -law to authorize the payment of $23,199,844.39 for General Purposes. A by -law to amend By -law No. 89- 2000,. being a by -law to regulate parking and traffic on City Roads. Heavy Vehicle Restriction, Ontario Avenue /Palmer Avenue) 2006 -176 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11' day of September, 2006. NEW BUSINESS Teresa Fabbro Breast Cancer r <C/ 3 wr /,�i�9rtcssSiiv' ,nGY ss:; %i;'.,;Y�' {�isi,4f'� /;f;::ii %;s ••i• %,i %i';i' ';s �c,.� Lv v; �i. v y, yf% %�S+'! ',F�.; %Y /,0': �5 S /t':r: "3 9Y, S.Y /:i% v /i':; •,ii�,� a�r.;' r r r �hyr „s /.,,..,.i„n, >�;sYS,?: ::fS %fss5 /•s r, ,v,'s;. �c sy,;;;;s'ni,v; 'i "4 ,S ;n; .r vc rr6: y;sh ,.'Y .f".,, /i�s;;�;� —i„". s >y /ii%�ii:�;ii,;s: "s f;. :ss ?i; >i From: "Wood Sarah" <swood niagaraparks.com> To: "Dean Iorfida" diorfida @city.niagarafalls.on.ca> Date: 9/5/200611:45 AM Subject: Breast Cancer Hi Dean, The agenda will be as follows: Page 1 of 1 Sarah Wood will outline the Estee Lauder Global Illuminations Event at the Falls Tammi Jeannerett will outline the other events of the evening including the Girls Sleepover event at the Fallsview Casino Resort and will issue a corporate challenge to light the Falls pink. Representative from local Breast Cancer foundation will be presenting the remaining events of the month including the Taking steps for life and the Cancer Breakfast. etc. I don't have all the details from the local member foundation events. I hope this is enough for you to go on. It will be exactly the same as last year. Regards, Sarah Wood Event and Public Relations Manager p (905) 371 -0919 f (905) 356 -8448 For more information check out our website at www.niagaraparks.com file: /CADocuments and Settings\tn206\Local Settings \Temp \GW }OOOOI.HTM 9/5/2006 '•..4,6, 1!l,y1 .2C07/ •kr�;c!::,`.'.: ivX>l rri.':+%///. w"/�/.t%` %Yh'1i1/1l3%l/,YY/.Y 'b9Y ..y.1 4N4 .W. %.sty,' ;4p /l0i %1l: ;Oy 7YY.6?Y P'AS-?9oR. •/'.•1/r.V fH1diY.C6:l,' :9':?' //1/1.C4'/.G/, w. 1•v.v/'lUl'SY;•:{/177 �1"'l •.r:� iljpy t Teresa Fabbro Taking Steps Against Breast Cancer YJ/ Page 1 From: "Angela Daley (Niagara Unit)" <ADaley a@ONTARIO.CANCER.CA> To: <sam_crowe@hotmail.com> Date: 9/5/2006 12:07:28 PM Subject: Taking Steps Against Breast Cancer Help bring us one step closer to finding a cure... «oleo. bmp» Dear Friends: The Niagara Unit of the Canadian Cancer Society would like to invite you to join us Sunday, October 1, 2006 at King's Bridge Park in Chippawa for the 2nd annual Canadian Cancer Society Taking Steps Against Breast Cancer fundraising walk. This fun- filled, 5km non competitive walk will take participants down the parkway path to the edge of the Canadian Falls and back to the park. The event will begin with registration and opening ceremonies. Components will include displays of breast health /breast cancer information; breast cancer survivor recognition; entertainment; snacks and beverages, and will finish with closing ceremonies. The Canadian Cancer Society's Taking Steps Against Breast Cancer is a community -based fundraising walk to support research related to breast cancer. Participants raise pledges and are eligible for incentives. Men and women of all ages are welcome to participate. Taking Steps Against Breast Cancer is an opportunity for communities to participate in the fight against breast cancer, celebrate breast cancer survivors and remember those who have lost their lives to the disease. For more information about the Canadian Cancer Society Taking Steps Against Breast Cancer or to register for this wonderful event please call the Niagara Unit of the Canadian Cancer Society at (905) 684- 6455 or visit us online at www.cancer.ca <http: /www.cancer.ca See you on October 1st! Sincerely, Samantha Crowe Taking Steps Recruitment Co- ordinator Canadian Cancer Society Niagara Unit Let's Spend The Night Together. This June, team up in the fight against cancer at the Canadian Cancer Society Relay For Life. It's an overnight event of fun, friendship and fundraising to fight cancer in your community. Register now at www.cancer.ca <http: /www.cancer.ca ,�Y• +ii1A 5$7+ %!r'• X-0rflrY.n �f:3:7F•G7/1l1 ••:Crfi:5;9%dY A'b% fi. �fJ''/I SYir/+ xSJ". J. 59' 1Y• 5$ J%/Mh.'.X'•i.6//1i.- fY/lY /ld$fq •r,: +i7: JY/J /iii :H y Teresa Fabbro Fwd: Re: Appearing as D rt /b J%/.t- $:d'n s![Il y irOi:: Y• Yi /l+$i {•$�in.(11.Y..$ %+J:.:<: }MV! 'I ti• 'Jr<t4/.N':C 0 iflLj $06% Jh$$ /f.G >':7iy %+9w1$/fVti$$'✓/ �si.�"v:G:::�::G of,9+ ii•$ShpJ .c7%f. JV /?3 %H+I.✓r.l $$/�pi lJ%n.Y. +r <GA:YAiF: >'f. 7'a`77c% r P.."' egation ...r ?N.4M.r.. h:!!!i.:!?.:Y ?:rY.4:{:. rn i %•l ^'l ?O: ?!w4ri ?M :•YN •••W. rY• Y %:{4:H:ri %Y••:JLiY.r ytr wJ +IN.!• :b• iyr,! ?O ?+.b�:o•: ?ry.: :•i v,•Y' +V J?!• I AtiS +r. >7 v++SH.V .%1 /l:Y.: YJ ]i0 1!M+A[ N •Y+YV'•!+ Y OW�:•:t A >%i Ham••+ •.C a•e From: Dean Iorfida To: Teresa Fabbro Date: 8/9/2006 12:05:11 PM Subject: Fwd: Re: Appearing as Delegation Reschedule for the Sept. 11th meeting. Please put in file. Thanks Dean Dean lorfida 7/25/2006 9:09 AM Bob: Shouldn't be a problem. I'll mark you down for the August meeting. I will confirm around August 10th. Sincerely, Dean Iorfida, City Clerk Niagara Falls 905 -356 -7521, Ext. 4271 905- 356 -9083 (Fax) bliddycoat @alzhoimerniagara.ca" bliddycoat@alzheimerniagara.ca> 7/24/2006 10:35:12 AM Time Stamp: 7/24/2006 10:35:11 AM Question Reference Number :2009 Comment/ Question: Greetings A member of the Alzheimer Society of Niagara would like to address council as a delegation regarding our National Signature Event, The annual Coffee Break. We would like to attend either on August 21 or September 11. Thank you. Bob Liddycoat Special Events Coordinator Alzheimer Society of Niagara Region The City of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario September 11, 2006 Re: PD- 2006 -73, Zoning By -law Amendment Application AM- 26/2006, 4084 Martin Avenue Applicant: Jim Pattison Entertainment Ltd. Proposed 4 -Unit On- Street Townhouse Dwelling PD- 2006 -73 Doug Darbyson Director That Council approve the Zoning By -law amendment application to permit a 4 -unit on- street townhouse development on the property, subject to the following conditions: a) acquisition by the applicant of a 4.57 metre by 21.34 metre (15 feet by 70 feet) portion of the City -owned laneway located east of the subject property; and, b) implementation of the development standards as discussed in this report. Jim Pattison Entertainment Ltd. has requested a Zoning By -law amendment for a 744 square metre (8,010 square foot) parcel of land known as 4084 Martin Avenue and a portion of the unopened municipal laneway lying between 4084 Martin Avenue and 4075 and 4087 Broughton Avenue, as shown on Schedule 1. The amendment is requested to permit the development of a 3- storey, 4 -unit on- street townhouse dwelling as shown on Schedule 2. The applicant has approached the City with respect to the acquisition of a portion of the laneway located to the east of the subject property; however, the City has not yet had an opportunity to circulate and consider this request, which would require the closure of the entire lane. This closure would have an impact on a number of adjacent properties. The subject land is zoned Residential Single Family and Two Family (R2). The zoning of the land is requested to be changed to a site specific Residential Mixed (R3) zone to permit the development. Site Conditions and Surrounding Land Uses A single detached dwelling exists on the property. To the north of the property lies the Great Wolf Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 11, 2006 2 PD- 2006 -73 Lodge and a municipal park. A residential neighbourhood, consisting largely of single detached dwellings, lies to the south, east and west of the subject lands. Circulation Comments Municipal Works Fire Services Building By -law Services Regional Municipality ofNiagara Planning Review No objections. A 5 metre by 5 metre (16.4 feet) daylighting triangle will be required at the southeast corner of Leader Lane and Martin Avenue. Site servicing and lot grading details can be addressed through site plan review. No objections. Fire safety concerns can be addressed through site plan review. All required building permits to be obtained prior to construction. The proposed development conforms to the Official Plan as follows: Provincial and Regional policies encourage residential intensification and redevelopment to achieve an efficient use of land and infrastructure. There are no concerns with this application. The subject lands are situated within an area that is subject to certain exemptions from Regional development charges. The proposed townhouse development is within the density and scale of development anticipated to occur in this area. Some modest changes to the design of the project are recommended to ensure the project does not adversely impact on adjoining lands. The following is a summary of Planning staff's analysis of the application: 1. The proposed development complies with the intent and purpose of the Official Plan. The land is designated Residential in the Official Plan. Multiple unit dwelling developments are permitted within this designation where they are compatible with surrounding development and contribute to providing a mix of residential units to meet the needs of residents. The density of the proposal at 53 units per hectare (21.5 units per acre) is consistent with the maximum density permitted by the Official Plan for on- street townhouse developments. The development is easily accessed from an arterial road (Victoria Avenue) via Leader Lane. September 11, 2006 Nevertheless, staff is concerned that the project has not been designed to achieve compatibility and sensitivity with the dwelling to the south. The 3- storey dwelling is proposed to be set back only 4.2 metres (14 feet) from the dwelling to the south. Given the proposed height of the dwelling, this setback is not enough to ensure the bungalow to the south will be protected from adverse impacts such as loss of privacy. In addition, an inadequate rear amenity area would be provided for the future occupants of the units. Taller residential buildings in the City are typically set back half their height from lot lines. To provide additional amenity space and to protect the privacy of adjacent residents, it is recommended that a setback of 6 metres (20 feet) be provided from the southerly lot line, providing a greater separation from the abutting dwelling and more amenity space for the townhouses. This can be accomplished by bringing the townhouses closer to Leader Lane (a setback of 4.5 metres or 15 feet from the street), while maintaining setbacks of 6 metres (20 feet) for the garages facing onto the street to provide room for vehicle parking. Fencing and landscaping could be secured through the zoning by -law and site plan control to ensure at grade privacy. If the applicant does not acquire the portion of the laneway discussed above, a 4 -unit townhouse development will be an overdevelopment of the site. There will be no easterly side yard setback for the units and this will place the development out of character with the surrounding development. If the acquisition does not occur, the project will have to be reduced by a dwelling unit. 2. The requested zoning is appropriate. 3 PD 2006 73 The requested R3 zoning permits a variety of multiple forms of housing, including on- street townhouses, quadruplexes and triplexes, and would provide a transition from the low density residential neighbourhood to the south to the tourist commercial areas to the north. A number of site specific zone modifications have been requested to accommodate the project. Provided a 6 -metre setback is established from the southerly side lot line, a closed board wood fence is secured along the south property line and a portion of the former laneway is acquired by the applicant, the following site specific standards can be supported: A slight reduction in minimum lot area per dwelling unit, from 200 square metres (2,150 square feet) to 185 square metres (1,990 square feet). An increase in building height from 10 metres (33 feet) to 12 metres (39 feet) as discussed above. The pitched roof design of the building will mitigate the impacts of the increased height. A reduction in the rear (easterly) yard from 7.5 metres (25 feet) to 4.5 metres (15 feet) which includes a portion of the municipally -owned laneway. Although this yard is technically the rear yard, this yard will function as the side yard due to the development's orientation to Leader Lane. This reduction is only possible if a portion of the laneway is acquired by the developer. A reduction required parking from 1.4 spaces per dwelling to one space per dwelling, resulting in a reduction of required parking from 5 spaces to 4. Parking would be provided at a rate consistent with surrounding dwellings, and additional land would be preserved for landscaping and amenity space. September 11, 2006 4 PD- 2006 -73 3. Part of the municipally -owned laneway is included in the proposed site plan. A portion of the land subject to this application (shown as a hatched pattern on Schedule 2) is part of an unopened municipally -owned laneway. The applicant wishes to include it in its land holdings as increasing the size of the lot will improve the project's fit on the site. At the present time, this laneway does not appear to be used by either the subject land or the adjacent lands. In fact, a fence of an adjacent landowner encroaches onto the laneway. The applicant has made a request to the City to purchase this laneway. This will require public consultation separate from the subject application including contact with the other property owners who also abut the laneway and would be impacted by its closure and sale. It is recommended that the amending zoning by -law to permit the townhouses not be brought forward until Council has passed a by -law to close the portion of the laneway abutting the applicant's lands, and the applicant has fulfilled the conditions set out in this report. CONCLUSION: 1. The Zoning By -law amendment application can be supported in principle for the following reasons: it complies with Official Plan policies regarding the location of townhouse developments in residential area; and 2. Passage of the amending by -law will not occur until the applicant has complied with the conditions set out in this report. Pre br Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development Ap roved by: provided the setback from the southerly lot line is increased to 6 metres (19.6 feet), the development will be suitable for this neighbourhood with respect to density and site design. f brT. avenda Executiv irec or of Corporate Services AB:tc Attach. S:\PDR\2006\PD2006 -73, AM -26 -2006, 4084 Martin Ave, Jim Pattison Entertainment Ltd.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land iii Location: 4084 Martin Avenue Applicant: Jim Pattison Entertainment Ltd. K: \GIS Requests\ 2006\ Schedules \ZoningAMAM- 26Vocation.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 N S 1:NTS AM-26/2006 August 2006 ti i 11 1 44 AtetTC3AINCI 14 01'9 ...107113AINCI XvITISIAMIC A.VM3Al24C1 1 3 ,0 •3CI 0 t?- 14 96'01 3 ,0 *V3C2 0 14 weElt 11.1\IHAV toe 41 et 111 44 d W tit fr Ow .ux.M. 0 iit004,_ IX z z I xi t2i tO 0=m4e= U1 in z 1 ij 4 1 I Aug. 29. 2G06 1O:14AM REGI4NAl PLANNING No. 7311 P. 1 Niagara' /`f Region PLANNING AND DEVELOPMENT August 29, 2006 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen SL, 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning 8y law Amendment Application Southeast Corner of Martin Avenue and Leader Lane Jim Pattlson Entertainment Ltd. City of Niagara Falls Your File: AM226/2006 Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smealon D. Farley, Regional Planning M:WISWORD\PCIN' =rya Falla1NFzbla \MartinAvVPattison.doc Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905- 984 -3630 Fax: 905 -541 -5208 E -mail: planepregional.niagara.on.ca File: D.10.M.1 1.23 This application proposes to amend the City's Zoning By -law from a Residential Single Family and Two Family (R2) zone to a Residential Mixed (R3) zone to permit a 4 -unit street townhouse development. The following Regional and Provincial planning comments are provided for your consideration. This site is located within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. The property currently contains an existing single detached dwelling that will be removed to facilitate the construction of four street townhouse units. Provincial and Regional policies encourage residential intensification and redevelopment to achieve an efficient use of land and infrastructure. In addition, the subject lands are situated within an area identified under the Regional Development Charges Waiver /Exemption Program. The developer should contact David Farley, Director of Planning Services (905 984 3630, ext. 3373), to further discuss this program and the potential eligibility of the proposed development prior to the issuance of a Building Permit. There are no concerns with this Zoning By -law amendment application from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, RECEIVED AU629 PLANNING DEVELOPMENT Niagara Falls The City of Canaci His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: 1. i at Council app ve the subject Zoning By -law amendment application in part, permitting a ma um of one cotta, rental dwelling in each of the three dwellings, and limiting each dwelling to a max m of 10 occup a ts. 2. That passage of the amending by -law not occur until the applicant removes the recreational vehicles from the property known as 6027 Drummond Rd and occupancy issues raised by Fire Services in the attached memo are addressed. That Council approve R2 site specific zoning to allow 5 cottage dwelling units, with a max of 20 people; BACKGROUND: Re: PD- 2006 -76, Zoning By -law Amendment Application AM- 24/2006, 6005, 6015 and 6027 Drummond Road Applicant: Vijay Kapur Agent: Chris Cristelli Five (5) Proposed Cottage Rental Dwellings Proposal Vijay Kapur has requested an amendment for three properties, totalling 0.21 hectares (0.5 acres) in area, as shown on Schedule 1. The properties known as 6015 and 6027 Drummond Road are currently being used as duplex dwellings (two residential units each) while 6005 Drummond Road is currently being used as a single detached dwelling. The applicant proposes to use all five dwelling units on these properties as cottage rental dwellings (rented to tourists for accommodation on a daily or weekly basis). Refer to Schedule 2 for the details of the development. The lands are currently zoned Transition Residential Multiple (TRM). The lands are requested to be rezoned to a site specific Residential Single Family and Two Family (R2) zone to permit the five dwelling units on the lands to be used as cottage rental dwellings. Cottage Rental Dwelling Study Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca September 11, 2006 PD- 2006 -76 Doug Darbyson Director A study on cottage rental dwellings was completed earlier this year. The focus of the study was ensuring that the development of this use did not alter the residential character of the dwellings and the neighbourhoods they were locating in, and that neighbours were not impacted by noise or disruptive behaviour emanating from such dwellings. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development This study indicated that the City's current practices adequately dealt with cottage rental dwellings. Council reviews cottage rental dwelling requests on a site by site basis through Zoning By -law amendments to ensure that the cottages will be in keeping with the residential character of the neighbourhood. Under the Licensing and Noise by -laws, these uses can be adequately policed to ensure they do not disrupt neighbours. However, the study indicted that cottage rental dwellings should be restricted to single detached dwellings, as is the typical practice in other municipalities surveyed. Permitting cottage rental dwellings in duplex or multiple dwellings is less desirable as there is less control over the extent of the use and a concentration of such multiple units may start to take on characteristics of a more substantial tourist use than what the Official Plan contemplates for residential areas. Site Conditions and Surrounding Land Uses There are three dwellings on the property. Two of the dwellings are currently used as duplex dwellings. The properties are largely surrounded by a mix of single detached and multiple dwellings. The Lundy's Lane Tourist District is located approximately a block north of the properties. Circulation Comments Regional Municipality of Niagara The proposed use appears to provide a transient use on the edge of a residential neighbourhood. There are no concerns from a Regional or Provincial perspective. September 11, 2006 2 PD 2006 76 City Clerk A cottage rental dwelling is required to be licensed. Parks, Recreation and Culture The driveway off Barker Street should be narrowed to two lanes. Municipal Works No objections. There are sufficient services available to service the proposed uses. Fire Services See comments attached as Appendix "A Letters against and in support of the application have been received from nearby residents and are included on tonight's agenda. Concerns about the application include introducing tourists to a residential neighbourhood and parking spilling out into the neighbourhood while the letter in support of the application cites interest in developing their property for commercial purposes. Planning Review Although the Official Plan contemplates cottage rental dwellings in this location, it is important to control their number and occupancy to ensure the residential character of the neighbourhood is protected. 1. Provided the number and occupancy of the cottage rental dwellings are limited, the proposal is within the intent and purpose of the Official Plan. The land is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. However, ancillary uses, such as s, are cottage rental dwellings, g permitted provided they are compatible with the residential environment. September 11, 2006 3 PD- 2006 -76 Locating more than three cottage rental dwellings, either in the duplex units on the lands or on abutting properties, cannot be supported. The Official Plan does not contemplate such a concentration of ancillary uses as they will be incompatible with surrounding residential uses. However, area residents should not be impacted by the use of the dwellings for a maximum number of three cottage rental dwellings for the following reasons: The subject dwellings are located on an arterial road and very close to a tourist district (Candy's Lane satellite district). Guests would have easy access to tourist areas and major roads. The residential character of the dwellings are proposed to be maintained and no new parking areas added. Existing surplus parking areas are recommended to be replaced with landscaping. Minor concentrations of two cottage rental dwellings side by side have been approved elsewhere in the City without an apparent impact on the surrounding residential neighbourhood. Approval of no more than three cottage rental dwellings in this location is a modest increase in the concentration of these uses which likewise should not impact on the surrounding neighbourhood. To accomplish this recommended change and allow for use as cottage rental dwellings, the duplex dwellings would need to be converted into single detached dwellings. To further ensure these dwellings are used in a manner compatible with surrounding developments, a maximum occupancy of 10 persons per cottage (similar to a recent cap established for other cottage rental dwellings in the City) should be established. Through the processing of this application, staff noted that recreational vehicles apparently associated with a business are being stored on 6027 Drummond Road. To ensure the residential character of the neighbourhood is p rotected, staff recommend that these vehicles be removed from the premises prior to passage of the amending by -law. 2. Rezoning the property to a site specific Residential Single Family IE Density (RIE) zone is appropriate. The requested site specific R2 zone would be appropriate if staff were able to recommend the establishment of cottage rental dwellings in duplex dwellings. As staff recommends the cottage rental dwellings be limited to single detached dwellings, it is more appropriate to rezone the lands a site specific Rl E zone. The site specific provisions will permit one cottage rental dwelling in each of the dwellings. Further site specific provisions also recommended to ensure the properties are maintained in a manner compatible with the surrounding residential properties are as follows: Reduce the parking area in the exterior side yard of 6027 Drummond Road. A large parking area, about 18 metres (60 feet) wide, has been established in this exterior side yard, which fronts onto Barker Street. This parking area is well in excess of the parking needs for the dwelling and is out of character with other single detached dwellings on this street. This parking area should be reduced to no more than 6 metres (20 feet) wide, enough to park two vehicles. September 11, 2006 Prohibit the parking or storage of recreational vehicles on the property to ensure these vehicles are kept off the property. Fire Services has raised a number of matters with the existing occupancy of the dwellings which should be resolved, to their satisfaction, prior to an amending by -law being passed to permit the cottage rental dwellings. CONCLUSION: 1) The application cannot be supported as presented. However, provided the duplex dwellings are converted back to single detached dwellings and a maximum of one cottage rental dwelling is permitted in each of the dwellings, an amendment to permit three cottage rental dwellings can be supported for the following reasons: Andrew Bryce Planner 2 Appro AB ko Attach. This is an area where small -scale accommodations are permitted by the Official Plan. The residential character of the properties will be maintained, provided the restrictions on the parking area and the prohibition of recreational vehicles are implemented. The properties have easy access to tourist facilities and major roads without the need to infiltrate onto local residential streets. 2) To further preserve the residential character of the neighbourhood, storage of recreational vehicles on the properties should not be permitted. Recommended by: Doug Darbyson Director of Planning Development t p V T�Ra vExecu Director of Corporate Services 4 PD 2006 76 Respectfully submitted: S:\PDR\2006\PD2006 -76, AM -24 -2006, 6005, 6015 6027 Drummond Rd, Vijay KapurLtd.wpd John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP BARKER ST KER 5T 1 1 Amending Zoning By -law No. 79 -200 Location: 6005, 6017 and 6027 Drummond Road Applicant: Vijay Kapur k \GIS Requests\ 2006\ Schedules \ZoningAM\AM- 24\mapping.map N s 1:NTS AM- 24/2006 July 2006 Xt T 5s. 'So.() w O J A• 6 1 0 Mb o or 0 4 0 z SCIIEDULE 2 0 j W 41 I l .01 ZLK t 1t •1 t I d 0 y F w ..0. -0. ......w w w..�....n.v+...vs i�w�.+ .......r. -.r ,�+w.•� -e i C) �T Dz. INTER DEPARTMENT MEMORANDUM TO: Copies to: Andrew Bryce DATE: August 16, 2006 Planner 2 Barney Ruddell, Assistant Chief Lee Smith, Assistant Chief John Kedzierski, Senior Plans Examiner Rodney Milojevich, Director of Fire Prevention FROM: Roger Pigeon Captain/Fire Prevention Officer SUBJECT: AM- 24/2006, Zoning By -law Amendment Application Vijay Kapur, 6005, 6015 and 6027 Drummond Road Pro a osed Cotta e Rental Dwellin s The Fire Department does not have any records whether the duplex dwellings at 6015 and 6027 Drummond Road meet the requirements of Section 9.8 "two unit residential occupancies" of the Ontario Fire Code. The Fire Department has no objection to the above noted application for a Zoning By-law Amendment provided as a condition of passing the by -law the owner agrees to the following: i) The owner shall arrange to have an inspection done by the Fire Prevention Office or provide a consultant's report to determine compliance to the Ontario Fire Code and to repair all noted deficiencies. The owner may contact the Fire Prevention Office for applicable fees. ii) The electrical systems serving the duplex buildings shall be inspected by the Electrical Safety Authority (call 1- 877 421 2228). All identified hazards to be corrected prior to approval. A copy of the Electrical Safety Authority letter or Certificate of Compliance must be submitted to the Fire Prevention Office. iii) A fire extinguisher with a minimum 2A1 OBC rating shall be mounted in each dwelling units. Placement to be determined by the Fire Prevention Office iv) The owner to provide a letter confirming that each dwelling unit will be rented in it's entirety to one group of travellers at a time as one housekeeping unit and not as individual rooms as in a motel or rooming houses, since a change of use permit would then be required from the Building Department. Please note, should the owner choose not to proceed with the change of use to cottage rental dwellings the owner is responsible to ensure compliance to the above items i) and ii) for any duplex units. -2- Other fire safety concerns may be addressed through the normal License Inspection process. Should you have any additional questions please do not hesitate to contact me at 356 -1321 extension 2220. :SC C:\Documents and Settings\ab232\Local Settings\Temp\AM-24-06 601 S &6027DrummondRd.wpd Niagara Region PLANNING AND DEVELOPMENT August 4, 2006 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 6005, 6015 6027 Drummond Road Vijay Kapur City of Niagara Falls Your File: AM- 24/2006 This application proposes to amend the City's Zoning By -law to permit the use of 5 existing residential dwellings for cottage rental dwellings. The following Regional and Provincial planning comments are provided for your consideration. This site is located within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. The proposal appears to provide a more transient form of accommodation on the edge of a residential neighbourhood. There are no concerns with this Zoning By -law amendment application from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCI P, RPP Senior Planner File: D.10.M.11.23 c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, City of Niagara Falls M:IMSWORD\PC\Niagara Fa11s \NFzbia •DrurnmondRDKapur.doc The Regional Municipality of Niagara 3550 Schmon Parkway, P.Q. Box 1042 Thorotd, antario L2V 4TH Telephone: 905- 984 -3630 Fax: 905 641 -5208 E -mail: plan ©regional.niagara.on.ca RECEIVED AUG 0 9 1006 PLANNING DEVELOPMENT Building Community. Building Lives. /0 44eaii ,Z7 r ECEIVED \u4 23 2006 4 l efo? /y i/y/ri 5 tie /27 //zo-t 46 4 /4 2°11) rr 33 25 7 7 ICV Dear Sir /Madam: August 26, 2006 Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario Jo, Planning Scan ale: Re: City File AM- 24/2006 Application to Amend Zoning By -Law No. 79 -200 am writing to express my concerns regarding an application by Vijay Kapur to amend the Zoning By -Law No. 79 -200. The amendment is for properties known as 6015 and 6027 Drummond Road, currently used as duplex dwellings and 6005 Drummond Road, currently used as a single detached dwelling. The applicant proposes to use these dwellings as "cottage rental" dwellings for tourist rental accommodation on a "daily or weekly" basis. Some of my concerns are: 1. 6005 Drummond Road: The present owner should be required to complete a Regional Health/ environmental assessment and /or recommended cleanup of the property. The recent 2 -year history of the house indicates that it was inhabited /used by RECEIVED AUG 28 2Z;:;') PLANNING R� D F V F L (P'1 E .V;" individuals who were arrested and removed for the growing and sale of marijuana /illegal substances. No unsuspecting, prospective tourist /person should be exposed to underlying toxic mold or substances on the premises. 2. Inadequate parking and traffic movement: The owner of the properties will divert overflow parking into the "free" city lot across the street, which is solely for the used of Lundy's Lane cemetery visitors. The glare of headlights into homes, traffic noise and movement will adversely affect five (5) neighbours to the south of the lot and three (3) neighbours to the north. To date, the cemetery visitors have been limited to day -time visit only. Exiting from the single driveways (in REVERSE mode) will add additional slowing of traffic on an already congested Drummond Road. There is no direct entry or direct (FORWARD) exit provided out of these properties onto Drummond Road. 3. Safety assurance for neighbourhood school children: Families who have purchased family homes in the area did so with th understanding that the population /tenancy rate of owners and renters were stable and long -term. With incoming "daily /weekly" renters, children will be increasingly exposed to a neighbourhood of strangers. Tourist rentals should be limited to "touristy" areas away from young families. A seasonal decrease in tourist numbers from September to May (mainly during the children's school year) will result in fewer "cottage" rentals, leaving the units vacant. This allows the owner /operator the option to rent to anyone WITHOUT REFERENCE CHECKS again a significant threat to the children's safety. to their present state, these -three properties are an integral: part of the Drummond Road /Barker Street community. The existence of rental units to Iong-term tenants is a neighbourhood tradition that has cemented friendships, trust and sharing of concerns amongst its residents. To bring strangers into the neighbourhood would certainly fracture the continuing spirit of trusting co- existence. Respectfully submitted, 1 (Mr.) Risto Liipere 6185 Barker Street, Niagara .Falls, Ontario August 18 2,006 Mayor Ted Sa1Sci 4310 Queen St4.eet Niagara Falls, Ontario L2E 6X5 Dear Mayor Sa .ci Yours truly, Stuart Craig Pres. Br.51 cc: Br.479 396 124 The Royal Canadian Legion NIAGARA FALLS (ONT. NO. 51 BRANCH) On behalf of the Royal Canadian Legion Branches No. 51, 396 and 479, we requegt that the week of September 17 to 23 be proclaimed "LEGION WEEK". This week will be observed through Canada and many Branches will have activities to make the public aware of Branch and Community projects. Branch 51 will, be responsible for the payment of publication of the Proclamation in the Niagara Falls Review. Thank you for your attention to this very important event. For any further information, please contact Helen Keating at 354- 8331, regarding Legion Week. 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905 -354 -8331 August 18 2006 Mayor Ted Sal4i 4 310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor SaLci On behalf of the Royal Canadian Legion Branches 51, 396 and 4 we request that permission be granted for a Legion Flag Raising 9 Ceremony to by held on Monday, September 18th, 2006, at 10:00a.m. in honour of pegion week. This week wil.l be observed throughout Canada and it would be greatly appreciated if permission could be received to fly the Canada Remembers flag at City Hall. We also request your presence and members of City Council at this event. We appreciate your attention to this matter. Yours truly, lAtvc/ Stuart Craig Pres. Br.51 The Royal Canadian Legion NIAGARA FALLS (ONT. NO 51 BRANCH) 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905- 354 -8331 LOGO CITY OF NIAGARA FALLS PROCLAMATION NIAGARA FALLS ROYAL CANADIAN LEGION WEEK WHEREAS, The Ontario Command of the Royal Canadian Legion has set aside the 17 to the 23' day in September as Legion Week in Ontario and WHEREAS, The Royal Canadian Legion is represented in the City of Niagara Falls by Niagara Falls Branch 51, Chippawa Branch 396, A.C. McCallum Branch .479. WHEREAS, The contributions of the Royal Canadian Legion Branches to the Community, in youth programs, senior programs, as well as their work in caring for veterans and their families and their active remembrance of civic recognition. THEREFORE, 1 Mayor Ted Salci, hereby proclaim the week of September 17th to 23r 2006 as "NIAGARA FALLS ROYAL CANADIAN LEGION WEEK" in the City of Niagara Falls. TED SALCI MAYOR Thank Yo SK. Frank T Sawidi Kni b of Columbus Council 652 Assembly 183 Ni gars Fails On To His right Ilonorible Mayiir TED SALCI 1• sin writing you this request o make Sept 17 2006 Knights of Columbus day in the city of iagara Falls.. The Knights of Columbus as on know are an old Catholic men's charitable group operating in the city of Niagara Falls Ontarlo And as we are having a charitable pi nic of Sept 17 2006 at Arpad Parkin Niagara Fats Z feel that this outs be a great help to our charitable fund raising event.. I would also like to ask that y u be present to present this honor to our Grand Knight Fred Brugmai. And also extend to you a personal invitation to Iring your faniil to the picnic to have a day of fun and games with the Knights of Coumbu,. =CURE August 24, 2006 To Mayors and Councils, We are writing to ask that you and your Council once again endorse a day of recognition for the many people who work providing care to children in your community. Last year you were one of over one hundred and thirty municipalities that proclaimed this day of appreciation, making it such a success. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPS) and our other labour partners representing child care workers across Ontario are asking that Wednesday October 25 2006 be proclaimed as Child Care Worker Early Childhood Educator Appreciation Dayin accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. This benefit comes from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. To help us to promote this day we would also like to ask your Council to provide financial support for public announcements, for example advertising the day on the side of city buses or other means your Council uses to reach out to the public and we are happy to provide artwork to facilitate this process. We hope that with your active support your proclamation of this day of recognition will encourage and support a day of community recognition for child care workers. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 25 Thank you for your consideration. Yours sincerely, ast Sid Ryan President, CUPE Ontario Patrick (Sid) Ryan President SCFP Ontario Division Canadian Union of Public Employees 305 Milner Ave., Suite 801, Scarborough, ON M 1 B 3V4 Tel: 416 299 9739 Fax: 416 299 3480 E -mail: cupeont @web.net "ONE STRONG VOICE" Sheltie Bird President, OCBCC COPE 491 :mi Fred Hahn Secretary Treasurer The City of Niagara Falls Canal 111111111 0.1111 01 Members: Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E- mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario (905) 356-7521 (905) 356 -7404 diorfida @city.niagarafalis.on.ca September 11, 2006 Re: CD- 2006 -13 2006 Municipal Election Matters RECOMMENDATION: 1. That Council pass three separate by -laws regarding Advance Polls, Election materials appearing on this evening's agenda. 2. That the information regarding the Clerk's "Municipal Elections Procedures" be received. BACKGROUND: Advance Polls Dean lorfida City Clerk Vote Tabulators and General Policies Section 43 Subsection 1 of the Municipal Elections Act, 1996 provides that Municipal Council shall pass a by -law establishing at least one day for an advance vote and the hours for votin g on that date. Traditionally, the Municipal Elections Act had required two (2) advance polls and these two advance polls had been traditionally held at the Optimist Club of Niagara Falls. Some of the goals and Optimist g g objectives established by staff of the Clerk's Division are to achieve a significant voter turnout in the 2006 election, raise awareness of voting, and encourage participation. ation. g P P Therefore, staff is recommending that Council continue the practice of holding two advance polls, being on Wednesday, October 25, 2006 and Saturday, November 4, 2006, at the Optimist Club of Niagara Falls from 10:00 a.m. to 8:00 p.m., as well as holding a week long advance poll from g g p October 30, 2006 to Friday, November 3, 2006 at the MacBain Community Centre, as indicated in the by -law on the agenda. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CD- 2006 -13 September 11, 2006 2 CD- 2006 -13 As the MacBain Community Centre has become a gathering place in the community, staff feels that having a series of advanced polls there may encourage voter participation. Vote Tabulators Section 42 of the Municipal Elections Act, 1996 provides that the council of a municipality may, by by -law, authorize the use of optical scanning vote tabulators for the purpose of counting votes at municipal elections. The City of Niagara Falls will continue to use the optical scanning vote tabulators as have been used for the past three municipal elections. Since the use of the vote tabulators is still considered as an alternative method of voting, as per the Municipal Elections Act, 1996, it is necessary for Council to pass a by -law to continue to authorize their use. Election Policies and Procedures Election Materials Section 12 of the Municipal Elections Act, 1996 states that a clerk who is responsible for conducting an election, may provide for any matter or procedure that is not otherwise provided for in an Act or Regulation and, in the Clerk's opinion, is necessary or desirable for conductin g the election. The discretionary authority provided to the municipal al Clerk in the Municipal Elections Act, 1996 p brings with it a degree of risk and inherent liability. This liability issue is prevalent "across the board" for public sector organizations where discretion is being exercised. As a means of mitigating the exposure to liability, it is suggested that the Clerk consider adopting, in writing, procedure or administrative policy that clearly defines the nature of the discretionary power being exercised, the manner in which the power will be exercised, and the person or persons responsible for the exercise of the discretionary authority. The deadline for the establishment of procedures and forms related to the municipal elections is September 1, 2006. Copies of such have been made available as of September 1, 2006 and were sent to each registered candidate. Any candidates that have or will register after September 1, 2006 are also supplied with such. The policy and procedures articulate practices that have been in place in past elections. A third by law appears on this evening's agenda (A by law to set fees and charges for additional election materials). All candidates will receive single copies of various materials, gratis (see attached). If a candidate wants additional copies of the various materials (i.e., copies of the voters' lists, street indexes, poll by poll results etc.), they will be required to pay for the materials. Please note: the fee for the materials is in keeping with the costs to produce the materials (i.e., photocopying costs per page). September 11, 2006 3 CD- 2006 -13 CONCLUSION: Prepared by: Providing more than the one required advance poll for this year's municipal election will assist with trying to achieve a significant voter turnout in the 2006 election, raising awareness of voting, and encouraging participation. The successful use of vote tabulators will be used for a fourth consecutive municipal election. The establishment of election policies and procedures will also assist the Clerk in conducting the 2006 municipal elections and formulate past practices. All candidates are provided with various materials that will be useful in their campaign. Candidates will be charged for additional copies of the various materials, as outlined in the by -law on this evening's agenda Bill Matson Records Elections Coordinator Recommended by: C Dean Iga`fida City Clerk Approved by 164' T. Rave da Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer Materials: Nominated candidates are entitled to receive the following aterials free of char g e g. a Municipal Candidate's Guide, available starting January 3, 2006. on.e copy of the 2003 poll by poll results, available starting January 3, 2006. a copy of the City's Sign By -law (also available on the City's web e a p g} a copy of the City's Election Sign By -law (also available on the City's web page). y a copy of an information handout outlining the Niagara Region's responsibilities a copy of the procedures established for the use of alternative vote counting equipment, available on or before September 1, 2006. a copy of the Policy Procedures established for the 2006 Municipal Elections, available on or before September 1, 2006. a street index, available September 5, 2006. upon written request, one printed copy of the voters' list containing the names of g those electors entitled to vote for them, available no later than September 5, 2006. one copy of the City's Polling Subdivision map with Voting Place locations; available September 29, 2006. one copy of the list of voting places; available in the Clerk's Office on September 29 2006. a certificate indicating the maximum allowed expenses for the office the p candidate has been nominated for. The certificate will be sent by registered mail to each candidate by October 10, 2006. upon request, a list of voters who voted at the advanced polls. one copy of the Clerk's official declaration of the results, available after November 16' 2006 upon request Candidate financial statement forms are available at any time and will be mailed to each candidate by registered mail on or before December 31, 2006 Any information sessions for candidates (if such an event(s) should arise), as received in the Clerk's Office If candidates wish to obtain additional copies of materials, the following charges will apply: (a) copies of the voters' list at $250.00 for each printed copy; (b) electronic copy of the voters' list at $0.00. (c) copies of the poll maps at $15.00 for each printed copy; (d) copies of the 2003 poll by poll results at $15 per book; (e) copies of the list of voting places at $0.50 per page; and (f) copies of the Clerk's official declaration of the results at $0.50 per page. (g) copies of the Street Index at $15 per book. Chief Administrative Officer His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CAO- 2006 -04 Economic Growth Strategy: Opportunities for Inter Municipal Cooperation in Niagara RECOMMENDATION: That the attached report (Appendix A) be received for information. BACKGROUND: CA0- 2006 -04 City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: vvww.niagarafalls.ca (905) 356 -7521 Ext. 5100 Fax: (905) 374 4557 jmacdonaldniagarafalls.ca The attached report has been produced through ongoing consultation with the Area Administrators of the thirteen partner municipalities that make up Niagara. As a result of discussions among Niagara's Area Administrators, the need for a document that could form the basis of discussions with other levels of government on issues of common pp importance became apparent. This document p results from a review of the various planning and priority documents available from each of the municipalities in Niagara, as well as, collaborative discussions amon g municipal munici al administrators. This document is intended as an overview to highlight issues of collective significance to all of Niagara's municipalities and residents. The specific local implications can be articulated by each individual municipality. While the focus is primarily on municipal issues, the strategies and actions that result do not need to be restricted to municipalities alone and may involve a variety of y community partners. A number of common themes are identified in the document including: Niagara/GTA Corridor Response to Greenbelt, Places to Grow Act, and Wetlands legislation Brownfield /Downtown redevelopment strategies Infrastructure Renewal (Water, Roads, Arts, Culture and Recreational infrastructure) Property Assessment/Fair Taxation Issues This report summarizes and expands upon these themes for the purpose of identifying commonality wherein inter- municipal cooperation can occur. Through the development of cooperative strategies and collective action on common issues it is anticipated that significant positive progress for Niagara residents can be achieved. September 11, 2006 2 CAO- 2006 -04 Following the endorsement of this document by all thirteen Niagara Area Administrators, it was agreed that the appended final report titled "Economic Growth Strategy: Opportunities for Inter Municipal Cooperation in Niagara" could be shared with all municipal Councils for information and endorsement. REGIONAL INITIATIVES A number of specific initiatives being undertaken by the Region could involve a wide range of municipal priorities, and as such have potential for inter municipal cooperation. Seeking municipal cooperation in Regional initiatives such as these can help to ensure that the key priorities with these projects are achieved. The details and progress of the initiatives: cited will be included in the preparation of Council Business Planning efforts in 2007. Transportation: Implementation of Niagara's Transportation Strategy includes collaboration with senior governments Infrastructure: D Assurance of clean, safe and sufficient water Transformation of Waste to resource Financial Challenges: Niagara as a pilot site for OMPF Funding options Shared Services Strategy Economic Development: D Implementation ofNavigating Our Future: Niagara's Economic Growth Strategy 2005 -2010 Priority focus on Automotive/Manufacturing, Tourism and Agri- Business/Horticulture Implementation of Ontario Places to Grow Growth Plan and Greenbelt Policy Implementation of Chairman's Agricultural Task Force recommendations Coordinated Destination Marketing Programs Development of Greater Niagara Circle Route Smart Growth/Brownfield Incentive Programs Environmental Protection: Enhanced public education Children's Water Festival, Smart Gardening, Balls Falls Discovery Centre Community Health and Wellness: Pandemic Planning Obesity Strategy Roll -out Early Learning and Child Development September 11, 2006 3 CAO- 2006 -04 Organizational Effectiveness: Organization Review including Committee structure implementation issues, ICS Peer Review Communication with area municipalities Service Delivery reviews (e.g., Planning Function Review) SUMMARY Identification and, more important, acting on these opportunities will assist in achieving the organizations' common objective of creating improved relationships for the benefit of the common taxpayer. Successful cooperation can also create a more positive environment, improving the chance of successful achievement of the strategic objectives in Council's Business Plan. Respectfully submitted: John MacDonald Chief Administrative Officer 2. 2006 3:17PM REGION ADMIN Opportunities for Inter-municipal Cooperation in Niagara inc WN or L PORT COLBORNE Av mok. a+Adt -47 Niagarat Region Building Community. Building fins. No. 3094 Niagarartql4 aren itney Economic (from Au 8 2006 NO LOGOS .doc Growth p '!h.. J,{L'v..i: +F'r:p J L?. A• w: "t r :J O:•! ?:•?I i:L:••••.• h?:i ?i:. ?tiJF ?'ii: +f Strategy a KW� Opportunities for Inter- municipal Cooperation in Niagara Report July 28, 2006 Page 2 Opportunities for Inter municipal Cooperation in Niagara Table of Contents Overview of Niagara: Transportation: Infrastructure: Financial Challenges: Economic Development: Environmental Protection: Community Health and Wellness Organizational Effectiveness Summary 3 4 4 5 6 8 8 9 9 aren Kitney Economic Growth Strategy Final from KW @August 8, 2006 NO LOGOS).doc age Overview of Niagara: Opportunities for inter- municipal Cooperation in Niagara Report July 28, 2006 Page 3 The Niagara region is home to more than 430,000 people residing within 12 Area Municipalities ranging in population from approximately 6,000 to 130,000. The region is geographically large at 1863 square kilometers with a mix of urban pockets and rural areas. Communities vary from rural hamlets to mid -size cities, each with unique perspective, traditions and service needs. Niagara is home to natural features such as Niagara Falls, Niagara River, the Great Lakes, and the Niagara Escarpment. Niagara is host to 15 million visitors per year who, in addition to the natural features, visit tourist and historical sites including the Welland Canal, War of 1812 sites, and the old Town of Niagara -on- the -Lake. Niagara has exceptional agricultural production on a very limited amount of land below the Niagara escarpment. Niagara is an integral part of the Ontario economy in terms of its economic production and export location. Our governance structure includes a regional municipality within a two -tier municipal structure that includes 12 area municipalities. This structure has evolved since the mid- 1800's through various amalgamations, annexations and legislative changes. Population growth in Niagara is slower than many other areas of the Province. According to the BMA Management Consulting 2005 Municipal Study Niagara's population growth between 2001 and 2003 was 4.7% while the survey average 9 e was 7.9% (Study includes 60+ Ontario Municipalities). In addition, Niagara's population is made up of one of the highest proportions of seniors in the country. Approximately 16% of our population is 65+ while nationally the figure is 13%. The fastest growing segment of our population is the seniors segment. According to the FCM Quality of Life Reporting System net out migration of youth is occurring faster in Niagara than the national average. Between 1991 -2001 the age 0 -19 population in Niagara declined 3.2% compared to a national decline of 1% and an increase of 4.2% among the 20 municipalities in the study Niagara has a diversified economy spanning four major sectors; manufacturing, tourism, agriculture, and services. Our location places us in close proximity to major U.S. and Canadian markets. Our quality of life is enhanced through relatively short commuting distances, smaller communities, lower costs of living and numerous cultural and recreational amenities. The aging population and labour force, coupled with an out- migration of youth and low in- migration (including immigrants) in Niagara, demonstrates the need to develop programs to encourage those remaining to be active and to attract youth to the area. The items included in this report are intended to create discourse around the best aren Growth Strategy rtney Economic Gr to Y Final K1/V '!''H•„� :')%,:r/ iii:!). i): 4:.; ki:)Y< n) >%4 i '^T Y..::- yyll.:.,;.,, v:{ ry, wi;? xr:'-:{ HA' A:: %.;:i%^'l':•::x:r.� ?.Y•i %Y.v iY. ?4ti �a1 rb.•. ..A.. rom E Transportation: 'iRM^:•. �'rr.,: ;�.:.:X. r..r )::•r;::�.:Xfu'r,.<..rr';rf.:Y) fix'..:! L: r.N.:'i`:� ?sS�rlr.'.Yr..bA� August 8, 2006 NO LOGOS .doc Page Opportunities for Inter- municipal Cooperation in Niagara Report July 28, 2006 Page 4 opportunities for inter- municipal cooperation and collective action among the municipalities in Niagara. A concerted effort in regard to any of the following items could help to facilitate progress in other areas of concern, as the items indicated feature a number of different aspects that connect with other initiatives. Niagara's northern area is now land locked by the Province's greenbelt legislation to protect our much valued tender fruit lands, Niagara's southern area remains under- developed, full of potential and rich in opportunity for growth and prosperity. It is clear that the economic development of the southern sections of Niagara is of importance to the development and prosperity of the entire Niagara region. Niagara is committed to making a strong contribution to the success of the provincial and national economies, and our transportation initiatives are an integral part of this development. Effective application of a collaborative transportation strategy will be critical to helping make that development happen. Niagara's assessment base alone cannot support funding for infrastructure /transportation, particularly since Greenbelt restrictions have been imposed. Successful implementation of a transportation strategy will include collaboration among all levels of governments on the 406 extension, the Niagara /GTA Corridor, the expansion of the QEW through St. Catharines, and inter municipal transit. A number of areas for local collaboration exist in the execution of these initiatives: Continued efforts to secure funding commitment to the expansion of the 406 to Port Colborne Maintain efforts to ensure accelerated planning and construction of the Mid -Pen corridor Secure plans for new gateways to the Region (i.e. 405 /Glendale Connection and related traffic volume issues) Improved transportation linkages between and within municipalities Niagara linkages to rapid transit across the Province The positive impact expected from pursuing these initiatives collectively is to open up the `southern tier' of the peninsula, to address current gridlock issues, 1 all of which will support economic growth in Niagara, the GTA, the Province, 3 and ountry as a whole. Infrastructure: In addition to the transportation initiatives identified in the previous section there are other infrastructure needs required to ensure the ongoing sustainability of Niagara's Gtcaia yal3icstStSrtvia %:YFwh'ti�xr/Ott„'i,' ?:e;.•: :Win:•. >.snir:u''•• fyn T•.• J: n• .r.• n..,.J x {J. r ,Y. /.,r:{ lX .Y3.iC1 /....5•N.{:.lN.viYiiif� Sr •y:: SSj$S.f J r J {lr..}. v: vr:v .w: v. :•yr:.:..:vr y: J....� vv: xxr....:v:,..,v.,... ....v:: R r. .v nY.�. d. n.: r! n: r. nr.: f�::: nl::,. rsr.. K.?/,. r,. w.,. rnrw: x: J;{ r. r..»,:. crf{ s/. 4rS lec.f.i., {6::..•..r:n.�..n:.v, n. ..,/..:...,,95'n.rn ✓..A'.�hSw.' new.•... n,.. 3S,:. 4.. k, e.,. fa..:. J,. YJI,.. a+ f, 2.. y/l aJYl. f.{... n/..: fiki✓:',. o..... QY.+....£:.' isxsr> r: �..:v.•ss.`••:c•;•ss• +,v F ,x.:oi y Karen Kitney Economic Growth Strategy Final (from KW August 8, 2006 NO LOGOS .doc {...vf.n.�f Pa Financial Challenges: Opportunities for Inter- municipal Cooperation in Niagara Report July 28, 2006 Page 5 municipalities. This involves the (re)development of roads infrastructure (including provincial off -ramps and infrastructure), water /wastewater, and community/recreation facilities. Collective efforts can be pursued on the following fronts: Water assurance of clean, safe, sufficient water Roads measures should be taken to protect investments into road infrastructure; this can include measures such as multi -year capital rehabilitation and replacement plans, road network rationalization programs, and the development of a roads /bridges capital financing strategy Wastewater Addressing basement flooding issues, transformation of wastewater to water resources, and rehabilitation for watermains /sewers Municipal Facilities Funding needs to be secured for aging and new facilities (community centres, town halls, libraries, etc), investment in emergency service and recreation facilities The intended result of such investments is to achieve a more robust level of economic activity for Niagara and Ontario. In order to accomplish this growth, plans need to be aligned with broader Provincial initiatives for the Greater Golden Horseshoe (GGH) growth plan. Niagara municipalities require the commitment and support for infrastructure investments for Greenbelt communities a number of which are effectively land locked within the greenbelt, limiting their ability to raise revenues for needed infrastructure investments. Support could be provided in the form of improvements to the legislative framework. In some cases the investments needed by these communities are unconventional but very necessary to support the agricultural intensive economies. The 2004 BMA Tax Competitiveness Study highlights a lower than average household income in Niagara and a higher than average tax burden. Expenditure as percentage of income in Niagara is 4.2% on average while the average among BMA study participants is 3.8 According to the 2005 BMA Management Consulting "Municipal Study", 9 of 12 area municipalities in Niagara had a "higher" ranking as a total municipal tax burden as a percentage of income available on an average household. None of Niagara's municipalities had a "low" ranking as to municipal tax burden, while several other municipalities within a 100 kilometre radius did (Burlington, Cambridge, Guelph, Oakville, and Waterloo). As a consequence, property taxes represent a greater percentage of disposable income in Niagara than many other municipalities in Ontario. Statistics Canada data indicates that median family income in Niagara is $58,900 which is well below the Ontario Average of $62,500 due to economic profile of r;.s:�1:+Y.% i.'n`..:6,5 Yrt' %%d/!. ,i. )y/✓j' iJ hH.9D ,�%k Y v.:r,C:: /.,.:4•:Y7'�.x,:•'.: /R.x -••arc t ;aJ• •s r :xr 7.5 K aren itn K e Economic anomie Growth Strategy Final •�o•,.s•..<..... s�:a:�•axm. rJ�: JJ.x!axxrr;. ?rrn.%,x:.ja,••;xJn;;;x:J,h:r: ;.'.'Hd•.. �.vy- »�;::;::;fiex:Ni; �x: rzaix�: �rr,•v;:; a;: y,::<...,.,..,.:. y:::^^;,> r<.>: x. .w..ors,,nx. <fca:•,>;x:c..x:N �jx from KW August 8, 200 NO OOS sr^ rrcr:- wncr:< rwrxos <�:::;a:•rJ »u x.r.:+n.+w ,a s .xr s+• »w ra. n.. t+ r.+..:ar s:.ws: iLG •;sa:�.r>» .doe :i::;;r; „apr Economic Development: Opportunities for Inter municipal Cooperation in Niagara Report July 28, 2006 Page 6 Region. Again, this compares unfavourably with $94,500 in Oakville and $82,300 in Burlington both of which are communities within a one -hour drive. An issue common to Ontario municipalities generally relates to the funding of social service programs on the property tax base. Social programs are income redistribution efforts and should be funded through an income based system. Niagara supports AMO's campaign to remove the funding of social programs from the property tax base. Locally relief from this inappropriate tax burden would remove about $100 million from property tax base in Niagara. A number of different initiatives with overarching implications are involved here, such as OMPF Funding support (including ongoing consultation with municipalities in establishing grant formulas), Gas Tax Revenue, New Deal implications, and Tax Policy issues. Efforts locally can include the development of strategies to reduce Region wide transfer payments for water /sewer treatment, strategies for the replenishment of capital reserves, which will over the long term, reduce reliance on gaming revenues and other sources of revenue that are not predictable. Niagara' s municipalities have proposed that Niagara be the site of a pilot that would explore various funding options for ensuring fairness in the allocation of diminishing financial assistance from the province (CRF, OMPF). This would be a first step in working towards fairness in the property taxation system, property tax policies and property assessment system. Further many of Niagara's municipalities have cooperated in the development of creative shared services approaches to take advantage of financial economies in service delivery. These local efforts will benefit from assistance from other levels of government through a new funding deal with provincial and federal governments. This includes providing support for Greenbelt- impacted communities both in agriculture and development. In addition ongoing Provincial commitment to address the fiscal imbalance created through the funding of Social programs through the property tax base (as identified through AMO and OMSSA) will assist in alleviating well documented financial challenges in Niagara. Niagara's economy is diversified across four major sectors: manufacturing, tourism, agriculture, and services, which provides some cyclical stability. The Province's Places to Grow Growth Plan, Greenbelt legislation, and Wetlands legislation have placed significant urban expansion restrictions on several Niagara municipalities, and focused growth within Niagara's existing urban areas to develop more intensively than in the past. While this is positive in terms of creating more complete and efficient communities, the infrastructure focus of the last few decades has been on the periphery. Niagara's older urban centres will require extensive investment to upgrade existing infrastructure in order to accommodate more intensive ..n..... ..:...::::.:..i•Y r.. 4: }.fA' f4}p''4n4 f.X V -•lv. p.. ..T.. ItlW'PY:S'9 '.'k •;Y .`'i :v v. 'Xf:'F. `n' '!i +t ^i:4,• Z w. +4.wY. /l. R+/ 1.... r....H iti:di}`r:'h}'+ s 4:.ht+ .;;Y3oT �inn++i.<:::..};. r`.} :t..:tv.Yr:::T},';• Karen from 8 6 .do 3 t+aai.• 4 �•w:. Kitney w, f ..Y Economic Growth Strate R4:t n, u-: h�:» rwx .T;:•t••4 +YT};...}�r i::.•. Final KW v :•:.,•n... ..:nv. v. vn:v: v l C T......... #.+a` ni...... Au ust r..::. }n...H.•.iS xr: F 200 R.h.. •N..0. +�q;4Y: tti t'r YNO L:.. v. T::• x:. iri ALOGOS Yi: L44Y .H.itt4vr:?iiT }Yi::w� }'n ti.; _v. i:., •i:.•.•: v.}X.;:.Y:Y•i':- }::n•:: v,. ::v: n-•: r::: x:: r.........- v.: Y. i} ii:! iLTTi..? i?: Y.• i} ii;:v i:t Y.! J} T .YVi:t4i••T>5.v.: +lv,•Y ..;a {4 rri M' Opportunities for Inter- municipal Cooperation in Niagara Report July 28, 2006 Page 7 development. Local economic growth strategies, including downtown and brownfield redevelopment that can be undertaken cooperatively include the following: Implementation of Navigating Our Future: Niagara's Economic Growth Strategy 2005 -2010 Incorporation of Economic Growth Strategy into Niagara Region Business Plan and Growth Management Plan along with local municipalities strategic plans Continued focus and support for Smart•Growth policies and programs Create an environment that supports and facilitates opportunities for sustainable business and employment growth Encourage and support development in downtown areas Joint development and implementation of programs directly associated with the recent release of provincial Places To Grow growth plan Strong advocacy in terms of aligning and securing provincial support and funding for the implementation of Greenbelt legislation in Niagara Implementation of the recommendations of the Regional Chairman's Agricultural Task Force Final Report It is important to note the level of potential that exists for the Province through a strong Niagara. The four highway bridges and two active railway bridges across the Niagara River make the frontier the second busiest commercial border crossing on the Canada -U.S. Border; they carry 19% of all Canada -U.S. trade. Over 22 million vehicles, of which 3 million were trucks, crossed the frontier in 2002. Cross border trade at the Niagara Frontier was $105 billion in 2002. About $80 billion worth of goods crossed the Niagara Frontier by truck and $25 billion by rail. The auto industry, a key component of Ontario's economy, which produces about 20% of all North American motor vehicles, is a major user of the Niagara Frontier crossings. An estimated 600,000 jobs in Ontario and 800,000 jobs in New York State are dependent on the trade across the border. The Niagara Frontier is also a world renowned gateway and destination for tourists. Visitations to the Niagara Falls area are currently at about 15 million annually. About $2.1 billion is spent annually by tourists in the Niagara Region with an additional $3.1 billion in the Toronto /Hamilton area and about 20 of all visitors arriving in the Toronto area arrive g ive by automobile via the Niagara crossings. These facts highlight the need for continued support for economic development initiatives in Niagara. Niagara's municipalities have invested significant efforts in local economic development strategies, often in a cooperative fashion. These efforts are designed to maximize regional strengths and use economic assets to Karen Kitney Economic Growth Strategy Final (from KW ra::aew.+x n•...> Y;: v> x•» rt^••-., w•.. r:: t-; vu• v: a.:: s:• r• :»x;��;�••.:•::::.:,.v.:•a +r :Y.o August 8, 2006 NO LOGOS`.doc Page ...Y' `:'N :.x T'^ >Y :..i'•fi:.:....., .:•YY >:•iYY:�.. n Y:".......,.- �:.Y�:. v x. a .;y:::. �::..Y.ti::; :,Y:>v`Y:••r::s_•s:.: :....e..... ...c.......Y:..,c r: ._,�..r...:..,,.,.. Opportunities for Inter municipal Cooperation in Niagara Report July 28, 2006 Page 8 create a sustainable plan for the future. There are established manufacturing concentrations and supplier networks in auto parts, shipbuilding, aerospace, and metal fabrication. Our Bi- national border location offers unique advantages in tourism, manufacturing, and services; focused opportunities to transition Niagara's economy to a higher value added /knowledge worker business environment. Niagara seeks to leverage the GTA market in terms of business relocation, sales, and visitor attraction from Toronto to Niagara. Niagara offers a high quality of life through short commuting distances, small communities, lower housing prices and overall cost of living and numerous recreational and cultural amenities. Despite significant growth potential, development restrictions through legislation such as Places to Grow, the Greenbelt, and Wetlands Legislation limit opportunities in Niagara. A declining and transforming base of traditional manufacturing industries has resulted in employment loss and displacement of older workers. The employment losses experienced in skilled and semi skilled industries has resulted in a limited amount of new economic growth. We are at risk of substantial employment losses in skilled, and semi- skilled industries without replacement of new economic growth. Environmental Protection: A number of natural assets belong not only to Niagara, but serve as both provincially and federally significant. landmarks. The economic and natural benefit of these protected assets is shared by all levels of government, however, the burden for protecting these provincial and federal assets, is in many ways borne by Niagara property taxes. In seeking assistance from the province in areas such as this, along with Brownfield and water quality initiatives, some areas for cooperation can be identified. There also may be some overlap with community health and wellness in this area. Specific areas of assistance from other levels of government include the following: Train noise in Port Robinson Protection of lands around Lake Moodie and Gibson improving waste diversion rate to 65% future composting technology Alternate energy sources including co- generation projects and wind farms Enhanced public education Children's Water Festival, Smart Gardening, Balls Falls Discovery Centre, etc. Community Health and Wellness kprew.9 r xTr.f.: ii;' vii... W �Y :4 Y.. Y,;i:+)e•+AYTr. +i.iS:r.? L'+'is• J:?;:s..'.• "rT .':.::9i i�.!: :Si: Strate Final from KW ?^1.194,s1 29c6 NO LQGOS .d Kitney Economic Grow �yJ�■ J+T.+ v ii'!.• ii.)) ri4i .:4}CS +S }:4Y.:A:4):•i}T: ^})TlJ+J +!:A ?iT:'.• :)iT:is :4:0:!4 +'iwi ..•!4K!df•l:y.S!3:!AvT!•Y /Wj� 1/ 9<! M: 4i`: 4: KSliriS• v: kvAi):+ nh:•::}. J. K +i+iir:•:!•:{':: +r. ^J ?)i ?'C }l l•' JA%YX:`:4?Ai -v T):vi:•10.:i }:!N'+ T: 4: 4}}\ 4` Ymy� M' +i)Y!+'!tr ?:wi:G +i }T \qF \W!v?RJ 4J!xt+J.`}`•iii :!!J�v+},4.)ti!t :Qr Y.•YY. Opportunities for Inter municipal Cooperation in Niagara Report July 28, 2006 Page 9 This involves a number of different arts, culture and recreation initiatives that may have commonalities across municipalities. Ensuring multi- cultural and francophone inclusiveness continues to be addressed Community recreation facilities O Additional ice surfaces, trail development, beautification initiatives Culture /recreation initiatives O Plan to improve partnerships, promotion and marketing of heritage facilities Student housing and related issues where applicable (i.e. noise, parking, transportation pressures, litter, property standards) Pandemic planning Anti Obesity strategy roll -out Early Learning and Child Development Physician Recruitment Performing, living arts, culture and heritage Many of these issues cross jurisdictional boundaries and are ripe for cooperative efforts. This is also an area where collective community action can improve the prospects of success. This includes looking beyond the municipal sphere by developing and facilitating community relationships. Organizational Effectiveness These initiatives involve the development of effectiveness and efficiency in delivering core services, as well as communication and public relation strategies which may have some commonalities between municipalities. Key to such efforts is the definition and understanding of core services and base level of services, performance measurement initiatives to foster excellence in local government management, and development of an effective communications, public relations and customer service strategy. Some areas of potential cooperative effort include: Area advisory committees, public forums, and public notices and other forms of community engagement which may include the development of a public relations strategy Development of cooperative human resources plans to address common staffing and recruitment issues like succession planning and compensation plans Develop a risk management plan which identifies and quantifies key risks, strengths, internal and external procedures, addresses the mandate and discretionary areas, documents prudent practices and creates a policy direction Continuing to explore shared service, service rationalization and value added service delivery initiatives as they are identified to facilitate effective communication, cooperation and collaboration. age 9 .'wri1L1L.VJ.aL:,!.a:.,..:•: if: "tom: ;9:i:::�q.!Y. }r i;: isLiivl .:.rXc:.�)ic:sYY.rs �•k�:;M?'.�rfi�. :»?Yip^%i 5.".dr:'R:r,L::!i�:%�'/.•i'.: C aren Kitney Economic Growth Strategy {{`/from KW !1'.4}. >%!7'•i:•Y: Fri }:�.}:YY +�.v:w Y' l.-YiN N' M /�:•.y: H?: GY. OY' J. YYw'•% N{!!•} :Ji:d "N.�i'Jnvn'- >:!ti'r}YY!'v. ..v•w:: .v :r v v Y x..... ¢+/cm...•v:e.......- .....w•w,..- ....•.v:. Summary Opportunities for Inter municipal Cooperation in Niagara Report July 28, 2006 Page 10 This initial grouping of items is intended to prompt discussion on where the best opportunities for a common, cooperative voice or set of actions would result in progress on the priorities of most or all of the municipalities in Niagara. There is some overlap and it is not necessary (and probably not practical) to develop a plan for each common item. However, collective action on a small group of these items could facilitate progress in other areas, and it seems mutually beneficial for all those involved to approach these issues with some thought towards inter municipal cooperation. The Area Administrators will continue to pursue these cooperative efforts and will keep their respective Councils apprised of progress. August 8, 2006 NO LOGOS .doc ...Y /.•r .49:. XC .T7c•Kn:OYI::M.aYF. 4..:.,...... Y�,..�p ..vi...,...:..:.... Y. n....., .........?:t.N.v .o�. ^A u:::. r::: {.Yy;:. :+!Y.,,•.,v.:..: Y: n+ n age aren Kitney Economic Growth Strategy Final (from KW August 8, 2006 NO LOGOS).doc Page Jointly submitted by the Niagara Area Administrators: Harry Schlange Chief Administrative Officer Town of Fort Erie Gary Shay Town Manager Town of Grimsby Bruce Peever Chief Administrative Officer Town of Lincoln John MacDonald Chief Administrative Officer City of Niagara Falls Lew Holloway Chief Administrative Officer Town of Niagara -on- the -Lake Anne Louise Heron Chief Administrative Officer Town of Pelham Robert Cotterill Chief Administrative Officer City of Port Colborne Opportunities for Inter municipal Cooperation in Niagara Report July 28, 2006 Page 11 B. Robert Puhach Chief Administrative Officer City of St. Catharines Mike Weir Chief Administrative Officer City of Thorold Scott Luey Director of Corporate Services Township of Wainfleet Craig Stirtzinger Acting City Manager City of Welland Bill Young Chief Administrative Officer/Treasurer Township of West Lincoln Mike Trojan Chief Administrative Officer The Regional Municipality of Niagara Niagara Falls I The City of Canada Members: His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Corporate Services Department F- 2006 -46 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden a@city.niagarafalls.on.ca September 11, 2006 Re: F- 2006 -46 Hydro One ARB Assessment Appeal RECOMMENDATION: For the information of Council. BACKGROUND: Kenneth E. Burden Director The Municipal Act 2001 and association regulations is the legislative foundation by which municipalities are empowered to generate revenues. Municipalities have a variety of sources of revenues, specifically, property taxes, payments in lieu if taxes (PIL), user fees and fines, among others. For Municipal revenues derived from property taxation, the Assessment Act and associated regulations provide the legislative foundation by which properties are classed and valued. An integral part of the assessment system provides that all property owners have the opportunity to appeal both the values and classification of their assessments. Appeals of property assessments is a continual and can be a lengthy process. One of the current appeals being considered by the Assessment Review Board (ARB) is an appeal by Hydro One Networks Inc. (HONI). This appeal was filed in 2002 and it is staffs understanding that the appeal was part of a larger pp p g er application related to numerous jurisdictions in the Province which had both hydro generation and hydro transmission properties. The transmission portion of these properties were known as Hydro Rights of Way. The basis of HONI's appeal was that the acreage of lands controlled by HONI and used for Hydro Rights of Way was less than the acreage used in the determination of the annual PIL. Specifically, HONI contended that the acreage included lands that should have been controlled by Ontario Power Generation Corp, as these were used in the generation of hydro-electric power. Officials from Municipal Property Assessment Corporation (MPAC) met with City Staff and provided information that MPAC is nearing the completion of their review of this appeal. The preliminary findings indicate that there will be a reduction in the acreage controlled by HONI and used for transmission. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development September 11, 2006 2 F- 2006 -46 While not finalized at this time, it was indicated that there is likely a reduction forthcoming in the acreage controlled by HONI of up to 40 As this change may have implications, including the determination of the annual PIL, MPAC officials have indicated that further meetings with all affected parties would be forthcoming once MPAC staff have completed their review. As stated, the City of Niagara Falls receives Payments in Lieu's from HONI annually. The amount received in 2006 for the appealed property is $994,170, of which the Region would receive $257,422. The amount remitted is determined using Municipal Act, 2001 s.315(1)2. and Ontario regulation 387/98. Finance staff wanted to ensure that Council was aware of this appeal and the possible impact on the City's revenue should the preliminary findings of MPAC be substantiated. Council should be aware that this may have an impact on the 2007 Budget. Prepared by: T. W. Harrison Manager of Finance Recommended by: K.E. Burden Director of Finance la/H:\F- 2006 -46 Hydro One ARB Assessment Appeal.wpd Approved by: A r T. Rav a Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer The City of I Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2006 -49 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $23,199,844.39 for the period August 2, 2006 to August 29, 2006. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: K. E. Burden Director of Finance Approved by: T. Rave a Executive Director of Corporate Services Corporate Services Department F- 2006 -49 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca September 11, 2006 Respectfully submitted: John MacDonald Chief Administrative Officer Kenneth E. Burden Director Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development ITY OF NIAGARA FALLS VIUNICIPAL ACCOUNTS Vendor Name 105.1 THE RIVER 1346649 ONTARIO INC 1456531 ONTARIO LTD 184436 ONTARIO LTD 184436 ONTARIO LTD 407 ETR EXPRESS TOLL ROUTE 407 ETR EXPRESS TOLL ROUTE 788893 ONTARIO LIMITED O/A NIAGARA CRACK SEALI 912701 ONTARIO LIMITED REGIONAL SANDBLASTING 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAI 984265 ONTARIO LTD AKA CIRCLE P PAVING A J SLINGER SERVICE A L G SAFETY A L G SAFETY AATEL COMMUNICATIONS INC ACCU LOCK AND SECURITY ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC AKKERMAN,FRANK ALBANESE,LORI ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFRED BEAM EXCAVATION LTD ALL GREEN IRRIGATION ANIXTER CANADA INC ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK APPLIED RESEARCH ASSOCIATES INC APPLIED RESEARCH ASSOCIATES INC ARAMARK REFRESHMENT SERVICES ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD AREO -FIRE AREO -FIRE ARTISTA DESIGN PRINT INC ASCOT WOODS LTD ASHLAND CANADA CORP ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD AVENUE ROOTS AVIS CAR INC BAILEY,RICHARD BAIN PRINTING BARRY BRYAN ASSOCIATES (1991) LTD BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BELL CANADA 303628 303934 304077 303935 304078 303753 304079 303754 •303755 304080 303756 303938 303940 304085 304081 303757 303758 303629 303759 303760 303630 303761 303937 304082 304083 303631 304084 303632 303633 303762 303939 303634 303635 303636 303764 304086 303765 304087 304088 303637 303766 303638 303767 303639 303640 304089 303641 303941 304090 303769 304091 303642 303770 303771 304092 304093 304094 303772 08- Aug -2006 22-Aug-2006 29 -Aug -2006 22 -Aug -2006 29-Aug -2006 15- Aug -2006 29- Aug -2006 15-Aug -2006 15- Aug -2006 29-Aug -2006 15-Aug -2006 22 -Aug -2006 22- Aug -2006 29- Aug -2006 29- Aug -2006 15-Aug-2006 15-Aug -2006 08-Aug -2006 15-Aug -2006 15-Aug -2006 08-Aug -2006 15-Aug -2006 22- Aug -2006 29- Aug -2006 29- Aug -2006 08-Aug -2006 29- Aug -2006 08-Aug -2006 08-Aug -2006 15-Aug -2006 22- Aug -2006 08- Aug -2006 08- Aug -2006 08- Aug -2006 15-Aug -2006 29-Aug -2006 15- Aug -2006 29- Aug -2006 29-Aug -2006 08- Aug -2006 15- Aug -2006 08-Aug -2006 15-Aug -2006 08- Aug -2006 08- Aug -2006 29- Aug -2006 08- Aug -2006 22- Aug -2006 29- Aug -2006 15- Aug -2006 29-Aug -2006 08-Aug -2006 15-Aug -2006 15- Aug -2006 29-Aug -2006 29- Aug -2006 29-Aug -2006 15-Aug-2006 AP5200 Cheque No. Cheque Date Purpose ADMINISTRATIVE REFUND REFUND REFUND REFUND REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS REFUND ADMINISTRATIVE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND REMITTANCE MATERIALS CONSULTING SERVICES CONSULTING SERVICES LEASES AND RENTS ADMINISTRATIVE UTILITIES Page 1 Amount 530.00 297.00 750.00 8,265.08 34,711.61 87.80 13.02 6,601.81 1,710.00 239.20 48,794.89 1,784.88 427.50 142.50 158.80 278.20 26.45 42.40 95.70 57.92 4,082.96 10,386.12 1,231.36 5,981.17 10.25 750.00 59.92 1 ,478.70 6,553.10 108,838.43 25,782.27 97,996.49 1,929.57 2,643.80 202.88 27.43 5,763.75 6,227.50 96.48 278.12 877.80 22,063.28 111.03 530.10 3,114.69 1,028.20 20,725.32 11,110.84 3,473.96 6,650.44 70.00 25.50 2,029.20 61,327.12 70,007.88 878.35 41.20 114.00 :tTY OF NIAGARA FALLS JIUNICIPAL ACCOUNTS Vendor Name SELL CANADA SELL CANADA SELL CANADA SELL CANADA SELL CANADA BELL CANADA SELL MOBILITY SELL MOBILITY PAGING BETTY'S RESTAURANT 3HAN,SATISH BIGGARS KEY SHOP 3IGGARS KEY SHOP 3IRD,MARY LOU BIRMINGHAM FIRE CONTROL BOB ROBINSON SON 3OUW,JOHN BOYS GIRLS CLUB OF NIAGARA BRINKS CANADA LTD 3ROCK AUTOMOTIVE 3ROCK AUTOMOTIVE 3RODERICK PARTNERS 3ROMAC CONST ENG LTD BROOK MCILROY INC BROWNS SEPTIC SERVICE LTD 3UNTIN REID 3URDEN,KEN 3URKE,PATRICK 3URSHTEIN,TIM 3USH,STEVE BUSINESS EDUCATION COUNCIL OF NIAGARA 3YNG,GARY N WATSON AND ASSOCIATES LTD R L CAMPBELL CONSTRUCTION DRAINAGE LTD R L CAMPBELL CONSTRUCTION DRAINAGE LTD :AMPIGOTTO,AARON 'ANADA LAW BOOK :ANADA LAW BOOK CANADIAN INTEGRATED BUSINESS GROUP :ANAD1AN INTEGRATED BUSINESS GROUP INC :ANADIAN INTEGRATED BUSINESS GROUP INC :ANADIAN LEAK DETECTION :ANADIAN NATIONAL :ANADIAN PACIFIC RAILWAY CO :ANADIAN PACIFIC RAILWAY CO ANADIAN PHONE DIRECTORIES INC ANADIAN SAFETY EQUIPMENT INC ANAL,DANIEL :ANALI,KAREN :ANTEC SECURITY SERVICES ARLETON UNIFORMS INC :ARRICK,MARZENNA :ARSWELL TARTER CAR TRUCK RENTALS ENTURY VALLEN :ENTURY VALLEN :ENTURY VALLEN :ERIDIAN CANADA LTD ERIDIAN CANADA LTD Cheque No. Cheque Date Purpose 303773 303774 304095 304096 304097 304098 304099 303775 303776 303643 303644 303777 304100 304101 303778 303645 303779 304102 303646 303780 303946 304103 303647 303947 303781 303948 303949 303782 303648 304104 304105 304121 303797 304126 303783 303650 304110 304107 304108 304109 303950 304111 303651 303951 304112 303652 303649 304106 304113 304114 303784 303953 303954 303654 303955 304115 303786 304116 15-Aug -2006 15-Aug -2006 29- Aug -2006 29- Aug -2006 29-Aug -2006 29 -Aug -2006 29- Aug -2006 15-Aug -2006 15- Aug -2006 08-Aug -2006 08-Aug -2006 15- Aug -2006 29-Aug -2006 29-Aug -2006 15- Aug -2006 08- Aug -2006 15- Aug -2006 29-Aug -2006 08-Aug-2006 15- Aug -2006 22- Aug -2006 29-Aug -2006 08- Aug -2006 22- Aug -2006 15- Aug -2006 22- Aug -2006 22- Aug -2006 15- Aug -2006 08-Aug -2006 29-Aug -2006 29-Aug -2006 29- Aug -2006 15- Aug -2006 29- Aug -2006 15-Aug -2006 08-Aug -2006 29- Aug -2006 29- Aug -2006 29- Aug -2006 29-Aug -2006 22- Aug -2006 29- Aug -2006 08- Aug -2006 22- Aug -2006 29-Aug -2006 08-Aug -2006 08-Aug -2006 29- Aug -2006 29- Aug -2006 29-Aug -2006 15- Aug -2006 22- Aug -2006 22- Aug -2006 08- Aug -2006 22- Aug -2006 29-Aug -2006 15- Aug -2006 29- Aug -2006 AP5200 UTILITIES UTILITIES REMITTANCE REMITTANCE REMITTANCE UTILITIES UTILITIES UTILITIES MATERIALS REMITTANCE MATERIALS MATERIALS REFUND MATERIALS CONTRACT SERVICES REMITTANCE GRANT CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MAINTENANCE AND REPAIRS SUPPLIES ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND CONSULTING SERVICES MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS REFUND REFUND REFUND MAINTENANCE AND REPAIRS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE REMITTANCE CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS LEASES AND RENTS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES Page 2 Amount 74.55 8,432.47 472.47 713.99 1,405.08 75.61 718.83 40.94 300.00 400.00 10.53 17.24 65.00 45.03 636.00 60.00 17,500.00 857.03 37.05 320.13 672.84 16,218.00 15,326.61 1,042.00 2,512.99 154.65 150.55 447.79 79.00 525.00 750.00 3,126.81 6,404.26 6,180.33 52.92 87.19 142.57 750.00 750.00 1,500.00 5,350.00 4,492.52 910.33 910.33 272.76 1,142.36 609.37 25.50 16,021.77 1,013.86 58.24 280.59 739.86 259.89 224.82 376.57 2,281.50 2,281.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHEVY LANE FABRICATIONS CH I PPAWA AUTOBODY LTD CHRIS CRISTELLI ASSOCIATES INC CHYTRA,ZENON CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CLAYDON,JEFF CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLANGELI,DEAN COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COOK,MICHAEL COPACABANA STEAKHOUSE COSTABILE,ARMANDO COTTON INC COTTON INC COTTON INC COTTON INC CRAWFORD ADJUSTERS CANADA INCORP CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYBERBAHN CYGNAL TECHNOLOGIES CORP T46181 DAVIS COMPANY LLP DAVIS COMPANY LLP DELCAN CORPORATION DELL CANADA INC DELOITTE TOUCHE LLP DENCO ENGINEERING LTD DEVRON PIPE SALES DIRECT IT CANADA INC DISTRICT SCHOOL BOARD OF NIAGARA DMA PLANNING MAN SERVICES DRIVE PRODUCTS TORONTO DUFFY,TERRY E3 LABORATORIES ECHELON RESPONSE TRAINING INC ELECTROMEGA LTD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENDURA CONST LTD Cheque No. Cheque Date Purpose 303787 303956 304117 304118 304119 303788 303789 303790 303957 303791 303657 303658 303792 304120 303659 303660 303661 303793 303959 304122 304123 303794 303961 304124 303795 303662 303663 303664 303796 303962 304125 303963 303665 303798 303964 304127 304128 304129 303666 304130 303965 303667 304131 304132 304133 303668 303669 304134 303799 304135 303966 303670 303967 303671 303800 303968 304136 303969 15-Aug -2006 22 -Aug -2006 29 -Aug -2006 29 -Aug -2006 29- Aug -2006 15-Aug -2006 15- Aug -2006 15- Aug -2006 22-Aug-2006 15- Aug -2006 08- Aug -2006 08- Aug -2006 15- Aug -2006 29- Aug -2006 08- Aug -2006 08- Aug -2006 08-Aug -2006 15- Aug -2006 22- Aug -2006 29-Aug -2006 29-Aug -2006 15- Aug -2006 22-Aug-2006 29- Aug -2006 15- Aug -2006 08 -Aug -2006 08- Aug -2006 08-Aug -2006 15-Aug -2006 22- Aug -2006 29-Aug -2006 22- Aug -2006 08-Aug -2006 15-Aug -2006 22- Aug -2006 29-Aug -2006 29- Aug -2006 29- Aug -2006 08-Aug -2006 29-Aug -2006 22- Aug -2006 08- Aug -2006 29-Aug -2006 29-Aug -2006 29-Aug -2006 08- Aug -2006 08-Aug -2006 29- Aug -2006 15- Aug -2006 29- Aug -2006 22 -Aug -2006 08-Aug -2006 22- Aug -2006 08 -Aug -2006 15-Aug -2006 22- Aug -2006 29- Aug -2006 22- Aug -2006 AP5200 MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS CONSULTING SERVICES MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES EQUIPMENT CONSULTING SERVICES CONSULTING SERVICES MATERIALS CONSULTING SERVICES REMITTANCE CONSULTING SERVICES EQUIPMENT REFUND CONTRACT SERVICES MATERIALS MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES Page 3 Amount 2,045.90 909.83 181.94 1,710.00 1,202.70 349.80 300.00 107.64 231.26 1,918.62 1,412.00 179,928.05 165.05 36,830.12 166.27 1,201.56 108.09 285.94 238.30 62.67 750.00 2,402.97 18,328.66 18,777.06 10.50 220.00 750.00 1,983.90 1,372.57 1,492.26 1,121.76 291.60 3,969.17 3,995.09 4,072.33 3,985.96 500.00 2,970.00 1,339.36 1,103.14 35,425.70 33,290.70 1,590.00 4,484.17 80.03 13,250.00 85.60 8,639.00 8,523.50 750.00 2,671.72 2,618.20 169.54 65.66 3,907.25 1,027.85 10.49 3,418.50 :ITV OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD E.VANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS =ALLS ELECTRIC INC =ALLS WHOLESALE LTD =EDERAL EXPRESS CANADA LTD =ERGUSON,CHARLES =IRE MONITORING OF CANADA INC =IRESERVICE MANAGEMENT LTD :LEETWOOD MARKETING =LEXO PRODUCTS LTD =LEXO PRODUCTS LTD =LYNN CANADA LTD =LYNN CANADA LTD :ORCIER,SUE =RANCOTYP POSTALIA TELESET 3 K SERVICES CANADA INC SALES GAS BARS 3B ENVIRONMENTAL SERVICES NIAGARA LTD 3IBBONS CONTRACTING LTD. 3IBBS,BARRY 3LADDING SALES AGENCY LTD 3LADDING SALES AGENCY LTD 3LADDING SALES AGENCY LTD 3OLIA,VITO& GOLIA, CARMELA 3OWLING LAFLEUR HENDERSON LLP 3RAFTON UTILITY SUPPLY LTD 3RAYBAR ELECTRIC LTD 3RAYBAR ELECTRIC LTD 3RAYBAR ELECTRIC LTD 3RAYBAR ELECTRIC LTD 3REATER NIAGARA GENERAL HOSPITAL EQUIPMENT 3REENLAWN 3REY ISLAND SYSTEMS INC 3ROND BRUCE GROND PAULA IAFRATE 3ROUND AERIAL MAINTENANCE LTD 3ROUND AERIAL MAINTENANCE LTD 3RUBICH,JOHN 3T FRENCH PAPER LIMITED 3UERRA,GIUSEPPE 3UILLEVIN INTERNATIONAL INC IALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC -IALCO MOBILE MFG SALES SERVICE INC 1ALF WAY SAND PIT LIMITED IAMDANI DRYCLEANERS LTD IARD ROCK CONST INC IIARD ROCK CONST INC IECO IECO DECO -IENRY W JOSEPH REALTY CORP LTD 4ICKS,BRUCE 'MKS MORLEY HAMILTON STEWART STORIE LLP TILL BOLES LTD 303970 303801 304137 303802 303971 304138 303803 303804 303672 303673 304139 304140 304141 303805 303973 303974 303975 303674 303806 303976 303807 304142 303808 304143 303675 303809 304144 303810 303977 304145 303676 303811 303978 304146 304147 303677 303812 303979 303678 304148 303813 303814 303981 303680 303681 303815 303982 304150 304151 303682 304152 303683 303816 304153 304154 303984 303817 303818 22- Aug -2006 15- Aug -2006 29- Aug -2006 15- Aug -2006 22- Aug -2006 29- Aug -2006 15- Aug -2006 15- Aug -2006 08-Aug-2006 08- Aug -2006 29- Aug -2006 29-Aug -2006 29 -Aug -2006 15-Aug -2006 22 -Aug -2006 22-Aug-2006 22 -Aug -2006 08 -Aug -2006 15-Aug -2006 22- Aug -2006 15-Aug -2006 29-Aug -2006 15- Aug -2006 29- Aug -2006 08- Aug -2006 15- Aug -2006 29- Aug -2006 15-Aug -2006 22- Aug -2006 29-Aug -2006 08- Aug -2006 15-Aug -2006 22- Aug -2006 29-Aug -2006 29-Aug -2006 08- Aug -2006 15- Aug -2006 22- Aug -2006 08- Aug -2006 29- Aug -2006 15-Aug -2006 15-Aug -2006 22- Aug -2006 08-Aug -2006 08- Aug -2006 15-Aug -2006 22- Aug -2006 29- Aug -2006 29- Aug -2006 08- Aug -2006 29- Aug -2006 08- Aug -2006 15-Aug -2006 29-Aug -2006 29- Aug -2006 22- Aug -2006 15- Aug -2006 15- Aug -2006 AP5200 Cheque No. Cheque Date Purpose ADMINISTRATIVE MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS SUPPLIES MATERIALS REFUND CONTRACT SERVICES MATERIALS REMITTANCE MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE REMITTANCE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS REFUND CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE CONTRACT SERVICES REMITTANCE REFUND CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS REFUND MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS CONSULTING SERVICES MATERIALS CONSULTING SERVICES MATERIALS Page 4 Amount 84.82 6,732.06 6,237.37 821.50 265.00 1,008.06 9,327.30 533.29 65.04 750.00 1,493.54 315.52 553.05 2,844.62 570.29 15,260.88 4,171.74 300.89 21,200.00 102.23 602.13 646.60 53,922.13 750.00 309.77 2,198.76 2,621.92 1,850.20 15,693.08 124.14 1,189.07 1,404.68 144.28 1,350.65 76.75 477.00 10,153.65 260.80 433.34 27,302.80 447.79 2,403.69 1,622.25 163.61 2,801.12 1,190.73 1 ,881.00 926.87 35.52 1,012.47 43, 164.67 312.60 3,937.09 6,814.36 11,130.00 149.33 995.06 62.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HOLMAN,GEOFF HR SYSTEMS STRATEGIES INC IBI GROUP ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS IDENTICAM SYSTEMS IKON OFFICE SOLUTIONS EASTERN DIVISION T8022 IMAGISTICS CANADA INC IMAGISTICS CANADA INC INFORMATION NIAGARA INNOVATIVE MUNICIPAL PRODUCTS INC IOANNONI,CAROLYNN IOANNONI,DOMENIC IORFIDA,DEAN ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD JACK W HARPER CONST JACKSON, DAVE JAGGER HIMS LIMITED JAIN,VINOD& JAIN, TRISHIA DEVI JAUKOVIC,SLAVKO JAYCO PRODUCTIONS JOHN HARRIMAN KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KAN DU POOLS LTD KANE CROCCO,LINDA KERRY T HOWE ENGINEERING LTD KING CONTRACTORS OF NIAGARA LTD KIRKEY,SYLVIA KONE INC KONE INC KRAFT CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LEBRASSEUR,LANGIS LEXISNEXIS CANADA INC LEXISNEXIS QUICKLAW LINDSAY PRESS LINDSAY PRESS LOMEDICO,ROSARIO LOUISA DAVIE ARBITRATIONS LOWE,BUDDY LOWE,JEREMY LUEY,CATHERINE M J DUMONT ENTERPRISES LTD M S A CANADA MALTBY ASSOCIATES INC MANPOWER ONT #T6201 MAR-CO CLAY PRODUCTS INC MAR-CO CLAY PRODUCTS INC MARCHESE,JOHN MARONE,ANTONIO MARTINEAU,JENNIFER MASTERWOOD DOORS LTD Cheque No. Cheque Date Purpose 303819 303820 303985 303821 303986 303822 303987 303685 303823 303686 303687 304156 304155 303988 303688 303989 303825 303991 304158 303992 303826 303827 303993 303689 303828 303994 304159 303829 303995 303830 303691 303831 303996 303832 303692 303833 303997 304160 303693 303998 304161 303835 304000 304163 304164 303836 304002 304165 304171 304011 304166 303837 303698 304003 303697 303838 303839 303840 15-Aug -2006 15- Aug -2006 22- Aug -2006 15-Aug -2006 22- Aug -2006 15- Aug -2006 22- Aug -2006 08- Aug -2006 15- Aug -2006 08- Aug -2006 08- Aug -2006 29 -Aug -2006 29- Aug -2006 22 -Aug -2006 08- Aug -2006 22- Aug -2006 15-Aug -2006 22- Aug -2006 29 -Aug -2006 22- Aug -2006 15-Aug -2006 15- Aug -2006 22 -Aug -2006 08- Aug -2006 15- Aug -2006 22- Aug -2006 29-Aug -2006 15- Aug -2006 22- Aug -2006 15- Aug -2006 08- Aug -2006 15-Aug -2006 22- Aug -2006 15-Aug -2006 08-Aug -2006 15-Aug -2006 22- Aug -2006 29-Aug -2006 08- Aug -2006 22- Aug -2006 29- Aug -2006 15- Aug -2006 22- Aug -2006 29-Aug -2006 29-Aug -2006 15- Aug -2006 22- Aug -2006 29- Aug -2006 29- Aug -2006 22 -Aug -2006 29-Aug -2006 15- Aug -2006 08- Aug -2006 22- Aug -2006 08 -Aug -2006 15- Aug -2006 15-Aug -2006 15- Aug -2006 AP5200 ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS EQUIPMENT LEASES AND RENTS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND REMITTANCE MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE CONSULTING SERVICES REFUND REFUND REMITTANCE CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE CONSULTING SERVICES CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REFUND REMITTANCE ADMINISTRATIVE REFUND ADMINISTRATIVE UTILITIES MATERIALS CONSULTING SERVICES ADMINISTRATIVE CONTRACT SERVICES MATERIALS REFUND REFUND REFUND REFUND Page 5 Amount 106.77 1,163.00 5,658.81 949.62 4,563.28 361.95 21,243.90 16,126.42 8.48 5.51 1,884.51 566.58 750.00 25.50 148.19 980.33 4,465.25 158.25 39,561.14 1,924.27 102.59 275.00 2,441.25 1,616.92 915.59 221.85 291.00 25.50 30,921.00 2,724.20 249.39 2,907.15 10,793.53 3,755.62 675.80 640.24 960.36 557.55 750.00 156.15 226.84 30.78 80.94 750.00 1,715.61 855.92 172.74 699.60 649.80 675.80 4,437.16 789.14 7,615.44 623.51 15.00 750.00 25.00 4,049.00 .ITY OF NIAGARA FALLS 1UNICIPAL ACCOUNTS Vendor Name MATRIX INNOVATIONS INC MATTHEWS CAMERON HEYWOOD KERRY T HOWE St MATTHEWS CAMERON HEYWOOD KERRY T HOWE St MCCORDICK GLOVE SAFETY INC MCCORMICK,RENA MEDCON MECHANICAL LTD MEDCON MECHANICAL LTD MEDIA PRO INC MERLINO,RICH METRO PLUMBING HEATING METRO PLUMBING HEATING MICRON INSTALLATIONS LIMITED MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISS ALL CANADIAN PAGEANTS MODERN LANDFILL INC MODERN LANDFILL INC MONROE,ALBERT GEORGE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,JOHN MOROCCO,JOHN MOROGCO,JOYCE MORRISSEY,DENYSE MOUNTAIN VIEW HOMES LTD MR QUICK SOFT CLOTH MUNICIPAL HEALTH SAFETY ASSOCIATION MUNICIPAL LAW ENFORCEMENT OFFICERS ASSOCIA' MUNICIPAL RETIREES ORGANIZATION ONTARIO MY COUNTRY DELICATESSEN NEPTUNE TECHNOLOGY GROUP (CANADA) LTD NEW WAVE POOLS NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA BLOCK INC NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOL NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO Cheque No. Cheque Date Purpose 303841 303842 304167 303843 304168 303844 304004 303699 303700 303701 304005 303845 303703 303704 303847 303848 303849 303931 304007 304008 304170 303702 303846 304006 304169 303850 304009 304172 303705 304173 303851 303706 304174 304175 303707 304176 304177 304061 303932 304062 303708 304063 303709 303933 304178 303710 304179 303852 304064 303853 303715 303859 304067 304183 303712 303855 304180 303713 15- Aug -2006 15-Aug -2006 29-Aug -2006 15-Aug -2006 29- Aug -2006 15- Aug -2006 22- Aug -2006 08- Aug -2006 08-Aug -2006 08 -Aug -2006 22- Aug -2006 15-Aug -2006 08- Aug -2006 08 -Aug -2006 15-Aug -2006 15- Aug -2006 15- Aug -2006 16- Aug -2006 22- Aug -2006 22- Aug -2006 29- Aug -2006 08- Aug -2006 15-Aug -2006 22- Aug -2006 29- Aug -2006 15- Aug -2006 22- Aug -2006 29-Aug -2006 08-Aug -2006 29-Aug -2006 15- Aug -2006 08- Aug -2006 29-Aug -2006 29- Aug -2006 08- Aug -2006 29- Aug -2006 29-Aug -2006 23-Aug -2006 16- Aug -2006 23- Aug -2006 08-Aug -2006 23- Aug -2006 08-Aug -2006 18-Aug -2006 29- Aug -2006 08- Aug -2006 29- Aug -2006 15- Aug -2006 23- Aug -2006 15- Aug -2006 08-Aug -2006 15- Aug -2006 23-Aug -2006 29-Aug -2006 08-Aug -2006 15- Aug -2006 29- Aug -2006 08- Aug -2006 AP5200 CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS REFUND MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REMITTANCE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REFUND REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND MAINTENANCE AND REPAIRS REMITTANCE REMITTANCE REMITTANCE MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES REMITTANCE REMITTANCE REMITTANCE Page 6 Amount 4,759.40 2,086.50 9,966.85 127.15 1,050.00 1,261.65 1,537.59 381.98 195.00 6,179.61 121.11 3,396.24 100.00 109.23 5,473.44 109.23 9,116.25 2,870.80 1,051.72 109.23 109.23 1,492.20 1,492.20 1,49220 1,492.20 150.00 679.40 81.14 208.08 323.74 3,053.22 234.63 214.00 1,138.04 65.83 1,000.00 101.76 1,060.00 475.00 25.00 47.20 5,346.15 750.00 560,849.22 4,112.80 478.80 5,343.48 101.18 14.70 1,494.60 2,168.32 2,168.32 2,168.32 2,168.32 2,350.00 95.00 37,711.83 6,543.38 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS TAXI NIAGARA FALLS TOURISM NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA SHEET METAL NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA.COM NICHOLSON,DAVID DR. NORJOHN LTD NORJOHN LTD NORM'S SERVICE CENTRE 305677 ONTARIO LTD NSAFE ENGINEERING INC. OACETT ONTARIO GYM SPORTS ONTARIO MARCH OF DIMES OPTIMIST CLUB PAGENET OF CANADA INC PATTISON OUTDOOR OPPORTUNITIES PEC ROOF MAINTENANCE PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA VIDEO SOUND INC PERFECT POSTHOLE GRIMSBY PHILIPS ENGINEERING PHILIPS ENGINEERING PIETRANGELO,VICTOR PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINGUE,MARIO PIPEFLO CONTRACTING CORPORATION PIPEFLO CONTRACTING CORPORATION PKF CONSULTING PLAYPOWER LT CANADA INC PLAYPOWER LT CANADA INC PLECAS,DARRYL POIRIER,JOSEPH POTTHAST,FRED PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRECISE PARK LINK INC PRECISE PARK LINK INC PRESTIGE PORTABLE TOILETS PRESTIGE PORTABLE TOILETS PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD Cheque No. Cheque Date Purpose 303714 303856 303857 304066 304181 304182 304068 304184 304185 304186 303861 304187 303863 304070 303716 304065 304188 303864 304071 303865 304189 304072 303718 304190 303719 304191 303720 304073 304074 303721 303866 304192 304075 304027 303722 304028 304193 303867 304029 304030 303723 304194 304195 303868 304196 304031 303724 303869 304197 303870 304032 304198 303871 304199 303725 303872 304200 303873 08- Aug -2006 15- Aug -2006 15- Aug -2006 23-Aug -2006 29- Aug -2006 29-Aug -2006 23-Aug -2006 29- Aug -2006 29-Aug -2006 29- Aug -2006 15- Aug -2006 29- Aug -2006 15- Aug -2006 23- Aug -2006 08-Aug -2006 23- Aug -2006 29- Aug -2006 15- Aug -2006 23-Aug -2006 15-Aug -2006 29-Aug -2006 23-Aug -2006 08- Aug -2006 29- Aug -2006 08-Aug -2006 29-Aug -2006 08-Aug -2006 23-Aug -2006 23- Aug -2006 08- Aug -2006 15-Aug -2006 29- Aug -2006 23-Aug -2006 22- Aug -2006 08-Aug -2006 22- Aug -2006 29- Aug -2006 15-Aug -2006 22- Aug -2006 22 -Aug -2006 08-Aug -2006 29-Aug -2006 29- Aug -2006 15-Aug -2006 29- Aug -2006 22- Aug -2006 08- Aug -2006 15-Aug -2006 29- Aug -2006 15-Aug -2006 22- Aug -2006 29-Aug -2006 15- Aug -2006 29-Aug -2006 08- Aug -2006 15- Aug -2006 29- Aug -2006 15-Aug -2006 AP5200 UTILITIES REMITTANCE UTILITIES REMITTANCE REMITTANCE UTILITIES ADMINISTRATIVE GRANT ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS ADMINISTRATIVE GRANT CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES REMITTANCE MATERIALS DONATION MATERIALS MATERIALS ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES EQUIPMENT MATERIALS REMITTANCE REFUND REFUND ADMINISTRATIVE MATERIALS REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES GRANT CONTRACT SERVICES Page 7 Amount 122.83 2,660.27 15,861.76 11,410.31 5,329.45 146,832.34 224.70 27,500.00 2,254.83 481.16 48.26 119.30 1,140.00 595.64 200,000.00 143.58 3,241.07 121,512.58 5,300.00 165.30 6,837.82 381.60 165.02 100.00 809.08 672.68 20,183.88 133.07 184.44 95.00 105.00 30.00 133.75 1,250.80 25,791.64 4,811.51 1,076.42 159.00 3,027.36 757.67 24,155.26 19,821.75 7,950.00 15,588.22 6,381.56 775.93 750.00 113.98 25.32 29.72 342.01 26.73 40.07 1,974.85 1 ,054.64 1,441.60 21,038.67 605,257.61 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STOLTZ,DEAN G SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR PROPANE INC TAMM COMMUNICATIONS INC TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TESSMER,LOTHAR THE BURKE GROUP THE CAMERA PLACE FOTO SOURCE THE CAMERA PLACE FOTO SOURCE THE CAMERA PLACE FOTO SOURCE THE DENNIS GROUP THE LAROCQUE GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNCIPALITY NIAGARA EMERGENCY THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA TIM HORTONS STORE #30 TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOWN OF GRIMSBY TRAVELPIC NIAGARA FALLS TYCHYNSKI,RUDY& TYCHYNSKI, YVONNE UAP INC #963 UNITED WAY UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VALLANCE,KATHLEEN A VALUE ADDED SYSTEMS INC VALUE ADDED SYSTEMS INC VANCOR SUPPLY VANDENBOS,DAVID WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER DIGGON LIMITED WASTE MANAGEMENT WEIR FOULDS WELLS,ALBERTA ENGLAND WESCO DISTRIBUTION CANADA INC Cheque No. Cheque Date Purpose 303905 303907 304044 303906 304046 303743 303908 303909 303910 303911 304047 303912 303913 304048 304217 304049 304218 303745 304219 303732 303729 303730 303731 303881 303882 304036 304037 304205 303914 303915 304220 304221 303916 304222 303917 303746 304223 303748 304053 304224 304227 303918 304054 304055 303919 304056 304225 304226 303750 303921 303749 303920 304228 304229 303922 304230 303751 303752 15- Aug -2006 15-Aug -2006 22-Aug-2006 15- Aug -2006 22-Aug-2006 08 -Aug -2006 15-Aug -2006 15- Aug -2006 15- Aug -2006 15- Aug -2006 22- Aug -2006 15-Aug -2006 15- Aug -2006 22 -Aug -2006 29-Aug -2006 22- Aug -2006 29- Aug -2006 08 -Aug -2006 29-Aug -2006 08-Aug -2006 08 -Aug -2006 08- Aug -2006 08- Aug -2006 15-Aug -2006 15- Aug -2006 22- Aug -2006 22- Aug -2006 29- Aug -2006 15-Aug -2006 15- Aug -2006 29-Aug -2006 29- Aug -2006 15-Aug -2006 29 -Aug -2006 15-Aug -2006 08- Aug -2006 29-Aug -2006 08- Aug -2006 22-Aug -2006 29-Aug -2006 29- Aug -2006 15- Aug -2006 22 -Aug -2006 22 -Aug -2006 15- Aug -2006 22- Aug -2006 29-Aug -2006 29- Aug -2006 08- Aug -2006 15- Aug -2006 08- Aug -2006 15- Aug -2006 29- Aug -2006 29-Aug -2006 15-Aug -2006 29-Aug -2006 08- Aug -2006 08- Aug -2006 AP5200 REFUND REMITTANCE REMITTANCE MATERIALS MATERIALS MATERIALS REMITTANCE UTILITIES UTILITIES UTILITIES MATERIALS REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES MATERIALS SUPPLIES MATERIALS REMITTANCE REMITTANCE CONTRACT SERVICES ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE REMITTANCE MATERIALS SUPPLIES CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS REFUND MATERIALS REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES ADMINISTRATIVE REMITTANCE REFUND EQUIPMENT EQUIPMENT MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES REFUND MATERIALS Page 9 Amount 750.00 255,442.06 387.56 1,976.51 25.65 628.37 159.00 2,111.13 469.55 7,387.83 136.80 238.50 161.00 273.60 300.96 1,921.06 4,088.01 47.88 305.52 2,668.44 14,740,394.00 1,200.00 1,433,202.56 1,100.00 4,934.26 1,734,719.48 2,500.00 4,036.00 63.48 11,879.67 25,61 0.01 4,308.90 1,000.00 556.50 1,766.71 509.07 1,721.25 2,209.55 1,477.75 80,360.82 18,028.80 196.88 422.94 1,249.79 644.10 3,682.20 238.84 750.00 168.86 418.87 2,614.23 385.46 2,542.33 1,621.27 48.68 36,271.14 860.00 29.55 CITY OF NIAGARA FALLS AP5200 Page 10 IAUNICIPAL ACCOUNTS Vendor Name WESTON,MARCI WHEELER,SUE WHITE,DAVID WIEBE ENGINEERING GROUP INC WINONA CONCRETE AND PIPE PRODUCTS LIMITED WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WYLIE,BRENDA YELLOW PAGES GROUP YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES Cheque No. Cheque Date Purpose 303924 303925 304231 304057 304058 304232 304233 303926 304059 303927 304060 304234 303928 304235 304236 303930 304237 15- Aug -2006 15- Aug -2006 29- Aug -2006 22- Aug -2006 22- Aug -2006 29-Aug -2006 29-Aug -2006 15- Aug -2006 22- Aug -2006 15-Aug -2006 22- Aug -2006 29- Aug -2006 15- Aug -2006 29-Aug -2006 29-Aug -2006 15-Aug -2006 29-Aug -2006 REMITTANCE REFUND MATERIALS CONTRACT SERVICES MATERIALS GRANT GRANT MATERIALS MATERIALS ADMINISTRATIVE REMITTANCE ADMINISTRATIVE CONTRACT SERVICES REMITTANCE CONTRACT SERVICES MATERIALS GRANT Amount 500.00 157.06 120.00 2,245.08 1,145.70 31,666.68 2,083.33 3,084.28 28,150.98 2,926.67 12,541.45 338.27 28.41 1,464.15 9,870.78 490.60 5,181.83 Total: 23,199,844.39 Niagara Fails I The City of Canad His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Summary What is the Growth Plan? Corporate Services Department PD- 2006 -62 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca September 11, 2006 Re: PD- 2006 -62, "Charting the Course for 2031" The City's Official Plan Review That Council authorize staff to engage a consultant to undertake an Official Plan review in order to meet the City's planning responsibilities under the Province's Growth Plan for managing future employment and population growth. Staff is proposing to undertake an Official Plan review regarding the future growth of the City and how this growth is to be managed. This review will be done by a consultant, paid through Development Charges, and is to be consistent with Provincial planning policy as contained within the Provincial Policy Statement and the recently approved Growth Plan. The focus of the review will be the supply of residential and industrial lands together with intensification and redevelopment within the existing built -up area. It will respond directly to applications and inquiries that the City has recently been receiving regarding the conversion of industrial lands to residential, recreational and other non employment uses. The findings of the review will also provide a basis for the City's input into the Region's Growth Management Study. The culmination of this work will be a new Official Plan for the City with clearly articulated policies for managing population and employment growth. The Greater Golden Horseshoe (GGH) is one of the fastest growing regions in North America and will experience a major influx of people over the next 25 years. Employment growth is also expected throughout this time frame. The Province intends to manage this growth through the Growth Plan which was approved on June 16, 2006. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 11, 2006 2 PD- 2006 -62 The major objectives of the Growth Plan are to: direct growth to built -up areas; preserve employment lands (lands that are traditionally designated Industrial) for future economic opportunities; achieve densities that support public transit and a healthy mix of residential and employment land uses; identify natural heritage features and future agricultural lands and enhance the conservation of those resources; undertake an Official Plan review when considering either the expansion of an urban area boundary or the conversion of employment (industrial) lands to residential or other non- employment uses; and plan for community infrastructure to support growth. How do municipalities have to conform with the Growth Plan? These policy directions are not discretionary on the part of a municipality; the Planning Act requires that all planning documents and decisions are to be consistent with the Growth Plan. Municipalities are required to have their planning documents consistent with the Growth Plan within three years. This applies to both lower and upper tier municipalities; accordingly, both the Region and the City have obligations to fulfill in implementing the Growth Plan. What is the Region doing? The Region has initiated a review of its Policy Plan which is aimed at establishing a growth management strategy for the entire region and is expected to take 18 months to complete. This study will, on a regional basis, project population growth, set targets for the density of development and intensification and determine possible urban boundary expansions. In order to administer the study, the Region has set up two committees: a Technical Support Committee, comprised of Municipal and Regional staff, and the Planning Review Committee, comprised of Regional and Municipal councillors. Doug Darbyson, Planning Director, shall represent the City interests on the Technical Support Committee and Alderman Morocco shall represent the City on the Planning Review Committee. What is the City's responsibility? Staff has undertaken a review of the Growth Plan to determine the issues that have to be addressed in order to bring the Official Plan into conformity with the Growth Plan. Broadly speaking, there are essentially four questions that have to be answered: What is the forecasted growth in population and how will it occur? Do we have sufficient residential land to provide for the anticipated growth in population? September 11, 2006 3 PD- 2006 -62 How is intensification to be accomplished? Do we have sufficient employment (industrial) lands to provide for growth various economic sectors? On a similar vein, Council has recently expressed an interest in preparing a plan to diversify the City's economic base, particularly in the industrial and non- tourist commercial sectors. To respond to this direction and to effectively meet the City's obligations under the Growth Plan, it is recommended that an Official Plan review be commenced. Initiating this study in a timely fashion will assist the City in meeting its planning responsibilities and will form the basis for input into the Region's Growth Management Study. The early initiation of this study will also be of assistance to Council in its consideration oftwo significant development applications which are proposing to convert approximately 800 acres of industrial land for future residential purposes. What is entailed in the Official Plan review? The Region will be undertaking a Region -wide analysis of population and employment growth as part of this growth Management Strategy. So as not to duplicate any of this work, the City's study will focus on local planning responsibilities under the Growth Plan. The attached Request For Proposals (RFP) outlines the details of the consultant's work programme. The City's focus is on employment growth in various economic sectors, maintaining a balanced supply of residential and employment lands to accommodate long -term growth and to manage growth in a cost efficient sustainable manner. Specific policies will need to be developed to guide residential intensification and infilling, greenfield development, the provision of servicing, infrastructure and phasing. As noted in this report, there are two major private development initiatives afoot that propose the conversion of over 320 hectares (800 acres) of industrial land. The lands in question are: east of Garner Road, through to Montrose Road, north of Brown Road; and the area south of McLeod Road, either side of the Thundering Waters Golf Course. Both areas are shown on Schedule 1. The applicants of these initiatives propose to convert the lands primarily for residential development. Their respective consultants have each submitted analyses of population and employment data in an effort to substantiate the conversion of the lands in question. Both City and Regional staff have reviewed the work and are of the opinion that more thorough assessment is required through a peer review by a consultant who specializes in population forecasting, economics and land use planning. In this way, the consultant can advise staff and Council as to the validity of the methods, assumptions, analyses and recommendations made in the applicant's reports. Also, the data provided by the applicants can be used by the consultant as a basis for the further work that will be required for the Official Plan review. Where do we go from here? The first step in the Official Plan review will be to hire a consultant. The attached RFP will be sent out to a short list of consultants immediately following Council's authorization of the study. Initially the consultant's role will be to undertake a peer review of the forecasting analysis done for the September 11, 2006 proponents of the Westlane and Drummond conversions. This review should determine whether the conversion of these lands should be considered in whole, or in part, together with any planning considerations which should be addressed in the processing of the applications. The peer review component of the consultant's work programme will occur first to expedite the development review process. Secondly, the consultant will elaborate on the data generated by the proponent's studies and assess land needs from a holistic perspective. It is at this point where intensification, redevelopment and the related Growth Plan targets will have to be considered as these will increase the amount of non greenfield land (within the "built -up area that is available for development. With respect to intensification, the scale, type and appropriate locations have to be determined. From this, the extent and location of greenfield conversions can then be considered and strategies for the phasing of land development formulated. Lastly, new Official Plan policies will be developed that address the above issues. What is the cost of the review and staff resources? As noted above, it is staffs intention to engage a consultant who specializes in population forecasting, economics and land use planning, so as to provide a multi disciplinary approach, to undertake the bulk of the review. The cost of the consultant will be paid through Development Charges as the work is growth related. The existing staff complement of Planning and Development's Policy Section will be responsible for coordination of the consultant's work as well as policy review and development. JB :gd Attach. Manager of Policy Planning Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Raven Executive Director of Corporate Services s:\PDR\2006\PD2006 -62, Growth Management in Niagara Falls.wpd 4 PD- 2006 -62 Respectfully submitted: John MacDonald Chief Administrative Officer PREAMBLE: BACKGROUND: SCOPE OF THE WORK: REQUEST FOR PROPOSALS Growth Management Official Plan Review Through its recent initiatives such as the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe (the Growth Plan), the Province has taken an active role in managing the future growth of the Greater Golden Horseshoe area. Municipalities are having to respond to these initiatives through the preparation of growth management studies and comprehensive reviews respecting urban boundary expansions and the conversion of employment lands amongst other matters. The City of Niagara Falls has a current population of 78,815 according to the 2001 census. Although recent population growth has been constant at about 2.5% over a five -year period, it appears likely, given the projected population growth for the Greater Golden Horseshoe, that the City's growth rate will increase over time. In anticipation of this growth, the City is experiencing numerous inquiries with respect to the conversion of industrial lands to residential. Moreover, two significant development applications have been submitted proposing the redesignation of approximately 800 acres of industrial lands for future residential purposes. Studies have been submitted in support of these proposals. As required under the Province's Growth Plan, the City of Niagara falls will need to undertake a comprehensive review of its employment land needs and its residential land supply PP Y before any major conversion may be permitted. Such a review will need to demonstrate that the City has an adequate supply of lands to support a variety of employment uses. From a residential development perspective, the Growth Plan requires municipalities to direct population growth to built up areas, to maximize the use of existin g infrastructure, to establish intensification and density targets and to promote compact community development. This is to be achieved through the updating of local and regional official plans. To achieve the objectives of the Growth Plan, the City of Niagara Falls is seeking the services of a qualified consultant to undertake an Official Plan review. The work will focus on the local municipality's responsibilities under the Growth Plan and will serve as a basis for the City's input into the growth management strategy that is currently being undertaken by the Regional Municipality of Niagara. 1. The first component of the work programme is to peer review the population and employment projection reports submitted by private developers in support of their employment lands conversion proposals for future residential development. The consultant will assess these reports having regard to the Province's Growth Plan requirements and recommend any augmentation necessary to assist the City in considering the merits of the applications submitted. Without limiting the generality of the foregoing, this may include the operational requirements of various types of industries; the availability of storm, water and sanitary services; secondary planning; and development phasing. STUDY DELIVERABLES: -2- 2. The second component of the work programme will expand the assessment of employment land needs to other key business and employment sectors. Consideration should be given to the Growth Plan's designation of Niagara Falls as a Gateway Economic zone in carrying out this assessment. Cross border trade, the movement of goods, and tourism related opportunities may broaden the designation of employment areas. Based on this assessment, the consultant will review the land use designations set out in the City's Official Plan and make appropriate recommendations to facilitate economic development and long term growth. 3. The third and final component of the consultant's work programme will focus on the Growth Plan's requirements for planning and managing population growth. It is incumbent upon municipalities to bring their Official Plan into conformity with the Growth Plan within a 3- year period. A review of the City's Official Plan will need to be undertaken to ensure that municipal policies reflect Provincial Growth Plan objectives. In this regard, specific policies will need to be developed to guide housing intensification and infilling, greenfield development, servicing, and infrastructure coordination. The preparation of municipal policies will also require coordination with the Region's growth management strategy. A series of three reports shall be prepared. The first report shall focus on the peer review of the development proposals submitted for the conversion of two large tracks of industrial lands for residential purposes. The consultants will review the background information prepared in support of the proposed applications and make appropriate recommendations as to the processing of these applications having regard to the requirements of the Growth Plan and relevant planning implications such as servicing availability, secondary planning and development phasing. The second report shall focus on the broad assessment of employment land needs and residential land supply. Coordination with the Region's study will need to be considered as part of this undertaking. An assessment of the City's residential land supply will need to take into account Provincial requirements for housing intensification, density targets, redevelopment ofbrownfields, and so forth. The third report shall focus on the review of municipal policies. A review of the City's Official Plan policies should culminate in a fully articulated growth management strategy with appropriate Official Plan policies. The policies shall be prepared in a format suitable for adoption as an OPA. Mapping and associated database information is to be provided in one of the two accepted digital GIS formats: ESRI (.shp) shapefile, or AutoCad 2004 (.dwg) drawing file with object data attached. All information is to be tied to UTM coordinates using the standard NAD83 datum and should be accompanied by supporting files (font files and plot files) if applicable. Please note that graphical images (.pdf, .cdr, .ti fl and CAD files without object data are not considered an acceptable GIS format. CONSULTATION: The consultant will present a summary of the review, the proposed Official Plan policies and recommendations to Council at a statutory public meeting at the end of the study. The consultant is to provide a public meeting schedule that is considered to be appropriate for the study as part of the submission. The study will be administered by the Manager of Policy Planning and a Technical Advisory Committee made up of City and Regional Staff will be established to assist the consultant. PROPOSAL CALL: -3- It is expected that the review will take approximately 12 months. The consultant shall submit eight copies of a detailed work program outlining the methodology, tasks, time frames and costs. All proposals shall include: a detailed work plan with the time frame for each phase of work and for the entire project, including a schedule of report submissions and meetings; a breakdown of the budget by phases and total upset limit; per diem charges, disbursements, travel and meeting charges should also be included; a listing of all individuals, including any sub consultants, who will be working on the project and their curriculum vitae; identification of the time committed to this project by the lead person and other individuals; and a description of similar work performed for other municipalities. Study proposals should be submitted no later than Friday, October 6, 2006 at 4:30 p.m. and be directed to: JB:gd Doug Darbyson Director of Planning Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 S: \OPupdate.5yr \Employment Lands Study \REQUEST FOR PROPOSALS.wpd The City of Niagara Falls I Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E-mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario September 11, 2006 Re: PD- 2006 -72, Sidewalk Cafe Licence Agreement with the City SWC- 08/2006, Golden Steer Steak House 5077 Centre Street PD- 2006 -72 Doug Darbyson Director That the City enter into and execute a Sidewalk Cafe Licence Agreement with _George Petrakis, Louis Petrakis and Stella Petrakis to permit the operation of a sidewalk cafe over a ortion of City ty sidewalk in front of Golden Steer Steak House located at 5077 Centre Street. George Petrakis and Stella Petrakis have made application to the City for renewal of the sidewalk cafe licence agreement for a sidewalk cafe in front of the Golden Steer Steak House located at 5077 Centre Street. The licensed area is approximately 31.58 square metres and is shown hatched on Schedule 1. The licence fee for 2006 is $789.50. The rental rate is under review for 2007. The term of the proposed licence is five years and the sidewalk cafe will be P required to operate in accordance q with the City's Sidewalk Cafe Guidelines. Either party may terminate this licence at any time, upon 30 days written notice to the other party. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 with the City to be included as additional insured. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 11, 2006 2 In the event that in the City's sole opinion, the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or where the City requires the lands for its or another agency's purpose, the City may either terminate or modify the site area. Prepared by: C9) Anamika Dilwaria Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: `14V- 1 or T. Rave a Executive Director of Corporate Services AD:gd Attach. S: \PDR\2006\PD2006 -72, SWC- 08 -06, Golden Steer, 5077 Centre St.wpd Respectfully submitted: John MacDonald Chief Administrative Officer PD- 2006 -72 THIS AGREEMENT made this 27 day of July, 2006. BETWEEN: LOUIS PETRAKIS GEORGE PETRAKIS and STELLA PETRAKIS Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 5077 Centre Street, and more particularly described in Schedule `B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1" to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1', 2006 and shall terminate on October 31", 2011, subject to its earlier termination. 4. The Licensee shall pay a fee of Five Hundred Fifty Dollars and Zero Cents ($550.00) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1" day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City -2- Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence-or anything done or maintained hereunder. .8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A "B" and "C" 14. Any notice to be given pursuant to this licence maybe delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: Louis Petrakis George Petrakis Stella Petrakis 5077 Centre Street Niagara Falls, ON L2G 3N8 Telephone: (905) 358 -7744 The City: -3- The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (3) -4- (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. The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 -5- of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind the Corporation. In The Presence Of Name: Louis Petrakis e: George 4 etrakis Name: Dean Iorfida Title: City Clerk fle Name: Stella Petrakis THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor ,eotkty -6- SCHEDULE "A" to an Agreement dated July 27` 2006 between LOUIS PETRAKIS, GEORGE PETRAKIS and STELLA PETRAKIS and THE CORPORATION OF THE CITY OF NIAGARA FALLS Existing Restaurant Entrance A lid Af m Existing City Sidewalk rt 47' 10" Centre St. NOTE: OEc K GGO 16 INU s Fawn Sfo NOT GUIDE City Property Line Proposed Patio -a'$(. p1c„ue3 de� Steer Patio Scale 1" SCHEDULE "B" to an Agreement dated JULY 27 2006 between LOUIS PETRAKIS, GEORGE PETRAKIS and STELLA PETRAKIS -7- and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 95 Plan No. 291 in the former Town now City of Niagara Falls, in the Regional Municipality of Niagara. Being PIN 64344.0031(LT). SCHEDULE "C" to an Agreement dated July 27 2006 between LOUIS PETRAKIS, GEORGE PETRAKIS and STELLA PETRAKIS and THE CORPORATION OF THE CITY OF NIAGARA FALLS SIDEWALK CAFE .GUIDEL1NES -8- The City of Niagara Falis Cancidd Planning and Dave1opnicn Council Approval September 12, 1994 Revised hMar ch2003 Introduction: The information contained in the Sidewalk Caf6 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 caf6. The Guidelines establish general provisions which are to be considered to ensure safety, -aesthetics and compatibility- with land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaining 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 of Niagara Falls, its officers and employees are not boundby 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 caf6 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 Cafe means 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 property. Sidewalk Cafe means that portion ofmunicipal property 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. Seasonall means the six month period from May to October 31, both inclusive. t4t=010 r else.. TAR? Sidewalk Cafe Guidelines %..a, max Zoning: A sidewalk caf6 shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk caf6 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 of Niagara. Falls. Occupancy and parking requirements of the sidewalk caf6 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 eases, 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 haveheavypcdestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk caf6s shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. -2 FIGURE 2 PEDESTRIAN MOVEMENT S N V 4 4 *1 Sinimmatts a' 3 .3 1.4 14 b 'b ier►'. ?cgeneh..... .N•.N.y.. 6.m::'L.. zf, !."Lock ii 1 14. 1111111111111,11r ''111111611111110111111E2MM iiiiiraiii iiiiilgia C Ob igiiiiiiiiiViiiiiii 'TIIIIIIIIIIIIIIINIRIIIPAPAIIIIIIIIIMMIIIIIIII r; tstunatirmiummehaminisasieprinamsamilr. ''1111 I IIIIIIIIVEsi Placement- The placement of a sidewalk cafe will abut the property,where the related icstaurant use is located. Alternatively, the sidewalk caf6 maybe placed within 0 :9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk caf6 Must satisfy the City's pe.destrian movement criteria. Where a sidewalk caf6 is to extend into the area in front of an abut ingprope tylbusiness,written consent ofthe affectedproperty/business owner austbeprovided at the tithe of application. Thy sidewalk caf6 may be located -at ,the front or exterior side of a .restaurant use. 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, plantar bo ±&containers or similar barriers. Such barriers should be:freo standing, structurally sound and finelyfabricated. The height and placement of the b ar iers 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 caf6 is licensed. Access The sidewalk caf6 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 bc. less than 1.0 metres (3.2 feet). The sidewalk caf6 shall not impede any existing barrier -free access to the restaurant. The design and placement of a sidewalk caf6 should not obstruct public access,- access to another use in the same building, or adversely.impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the side' alk caf6. Service Areas Busing stations, service bars, electrical ser illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk caf6. Decorative garbage containers Maybe strategically provided within the limits of a sidewalk cafb. Umbrellas, fixed awnings and enclosures, together with any support mehanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movement area. Fixed or retractable awnings shall be p emitted only where an-encroachment agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. -3 approvals: Application An application to establish a sidewalk caf6 on anyportion of ro municipal e shall be submitted to Planning nd Development p property 8 pment Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application sh211 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 discietion of the City, notice of the application may be circulated to owners/business operators abutting the property on either side of the proposed sidewalk caf6 for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk caf6 is approved., the owner and/or operator shall enter into an agreement with the Corporation of the City of Niagara 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 caf6 owner /operator shall agree to save harmless the City for any matter arisingas a result of the sidewalk caf6 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 tees, preparation of agreement fees and licence foes shall be paid in accordance with the City ofNi agara 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 caf6. Maintenance The operator will be responsible for all maintenance of the sidewalk caf6 including, but not limited to, the cleaning of tables and caf6 surface and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure -All furniture, fixtures and fittings shall beremoved from Cityproperty 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, (whtehever.is first) in order to ensure pedestrian movement 'or snow cleaning operations are not impeded. Hours The outdoor sidewalk caf6 shall remain closed during the period of 11 :00 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk cafe. Other Regulations The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws of the City of Niagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional H alth Departrnent and.Regional Police Force at all times, AB :tc sNSIDBWAL VENBRALiluiaelinu.wpd The City of Niagara Fails Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2006 -74 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca September 11, 2006 Re: PD- 2006 -74, Sidewalk Cafe Licence Agreement with the City SWC- 07/2006, Sports Beat Bar Grill 5257 Victoria Avenue Doug Darbyson Director That the City enter into and execute a Sidewalk Cafe Licence Agreement with Tony Novacic and Anna Novacic c.o.b as Sports Beat Bar Grill and William Stevens and Maria Stevens to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of Sports Beat Bar Grill located at 5257 Victoria Avenue. Tony Novacic and Anna Novacic have made application to the City for renewal of the sidewalk cafe licence agreement for a sidewalk cafe in front of Sports Beat Bar Grill located at 5259 Victoria Avenue. The licensed area is approximately 31.58 square metres and is shown hatched on Schedule 1. The licence fee for 2006 is $789.50. The rental rate is under review for 2007. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. Either party may terminate this licence, at any time, upon 30 days written notice to the other party. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 with the City to be included as additional insured. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 11, 2006 In the event that in the City's sole opinion, the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or where the City requires the lands for its or another agency's purposes, the City may either terminate or modify the site area. Prepared by: Anamika Dilwaria Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: fJ T. Ravend Executi e Director of Corporate Services AD:gd Attach. S:\PDR\2006\PD2006 -74, SWC- 07 -06, Sports Beat, 5259 Victoria Ave.wpd 2 PD- 2006 -74 spectfully submitted: MacDonald hief Administrative Officer THIS AGREEMENT made this 17 day of July, 2006. BETWEEN: TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR GRILL Hereinafter called the "Licensee" and WILLIAM STEVENS and MARIA STEVENS Hereinafter called the "Owner" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; of the THIRD PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk along Victoria Avenue for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS William Stevens and Maria Stevens are the owners of 525 7 Victoria Avenue more particularly described in "B" attached hereto (hereinafter referred to as the "Licensee's land which is leased to Tony Novacic and Anna Novacic carrying on business as Sports Beat Bar and Grill; AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1" to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. -2- 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1st, 2006 and shall terminate on October 31', 2011, subject to its earlier termination. 4. The Licensee shall pay a fee of Seven Hundred Eighty -Nine Dollars and Fifty Cents ($789.50) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1st day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the -3- commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition accept to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A "B" and "C 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Owner: William Stevens and Maria Stevens 7211 Burbank Crescent Niagara Falls, ON L2J 4E7 Telephone: (905) 356 -7978 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other -4- party at the address noted below. (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 Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three- business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. -5- 18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, P.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. SCHEDULE "A" to an Agreement dated July I7t 2006 between TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR AND GRILL and WILLIAM STEVENS and MARIA STEVENS and THE CORPORATION OF THE CITY OF NIAGARA FALLS -7- L ,r14 1, .ti a. -8- SCHEDULE "B" to an Agreement dated July 17` 2006 between TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR AND GRILL and WILLIAM STEVENS and MARIA STEVENS and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 40 Plan 307 Niagara Falls; Lot 39 Plan 307 Niagara Falls; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64341- 0042(LT). -6- IN WITNESS WHEREOF the Owner hereto has hereunto set his hand and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporation. In The Presence Of Name: WILLI4M STE ENS Name: MA Name: TONY NOV IA STEVENS I L I Name: ANNA NOVACIC THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk -9- SCHEDULE "C" to an Agreement dated July 17` 2006 between TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR AND-GRILL and WILLIAM STEVENS and MARIA STEVENS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Fails Ccinadd SIDEWALK CAFE GUIDELINES Planning and Development Council Approval September 12, 1994 Revised Mart'2003 Introduction: Definitions: Sidewa& Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended to serve as a to those wishing to establish a sidewalk cafe on municipal general guide property and to assist staff in the review of application for a sidewalk cafe. The Guidelines establish eneral provisions which are to b g p be considered to ensure safety, and compatibility -with adjacent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaining s C ommis s i on of Ontario (AGOG), Bach application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council ofthe Corporation ofthe City fNia Falls its officers and employees are not bound b the info Guidelines, Y rnnation contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any p erson. The sidewalk cafe shall conform to any applicable provisions of the zoning By-law, the Ontario Building Code, the Fire Code and Site plan Control. 8 Y Outdoor private Cafe means an outdoor area located entirely within the limits of private property used on a seasonal basis only for tables and/or seating P P rt g where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe means that portion ofmunieipal property between the property line and the travelled portion of a road used on a seasonal basis for tables and/or scatingwhere 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. F1331.1flari .171:Akitl 14YA�tei�s� TM 47.0....% �I n 1�. ;1 �I f lr •J`ll.odr�i�.�t6.'ef.Iji'i:; �1' ��a�I I'ss•• ✓ry 9. r, SI f f f. i v Zoning: -2 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 of Niagara 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 whore 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 may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavypedestrian traffic, or increased above 3.4 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metros (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT 4 ;t1 litimormows all i ZaiiiMiiiiiiiiiIiii ae9i .e .v� iiiiiiiikt ,It IGNIIIIIII 11_111111_11 '1111111111.11111111111111111MINM11100.1111111aalm sniasimialissm•mmomoviiii,vmaNitoge '111 1111111 a ki F Placement The place .ent of a sidewalk cafe will abut the property where the related restaurant use is located. Alternatively, the sidewalk cafe maybe placed within 0:9 metres (3 feet) of the curb face parallel to the restaurant withwhich it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. Where a sidewalk caf6 is to extend into the area in front of an abutting propertylbusiness, written consent of the affectedproperty/business ownermust provided at the tithe of application. Tilt sidewalk caf6 may be located -at ,the front or exterior side of a restaurant use. Design: -3. 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 boxcs/containers or sirnilar barriers. Such barriers should be:free standing, structurally sound and finely The height placement of the barriers should ensure that sight Y tight gh t lines are impeded so that safety is ensured. The barrier would be subject to the requirements of the AO-CO if the sidewalk cafe is licensed Access -'The sidewalk cafe 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 metros (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The desip. and placement of a sidewalk cafe should not obstruct ublic access, to another use in the same Y P any adjacent building. or adversel .lm act on an p ding. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian mo ement area. Fixed or retractable awnings shall be permitted only where an agreement with the City has been All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application An application to establish a sidewalk caf6 on any portion ofniunici al property shall be submitted to Planning and Development p P P g p ent Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into an agreemart. 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 cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe 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 caf6 owner /operator shall agree to save harmless the City for any matter arising a result of the sidewalk caf6 and its operation b of a certificate of insurance in a form acceptable to P y way cp 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. Ttilities It will be the responsibility of the operator to secure any ne,cessary 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 caf6 including, but not limited to, the cleaning of tables and cafe surface. and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Clo s ure -All furniture, fixtures and fittings shall be removed 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 I, (whichever.is first) in order to ensure pedestrian movement or snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed during the period of 11:00 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk caf6. Other Regulations The operator of an outdoor sidewalk cafe shall meat the regulations and by- laws of the City o fNiagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and.Regional Police Force at all times. AB :tc s:\SIDBWALIC OENBRAL16uidclinu.nd The City of Niagara Falis Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: That the City enter into and execute a Sidewalk Cafe Licence Agreement with LaParmigiana Restaurant Ltd. c.o.b as The Love Boat Steak Seafood Restaurant to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of The Love Boat Steak Seafood Restaurant located at 5 845 Victoria Avenue. BACKGROUND: Corporate Services Department PD- 2006 -75 Planning Development Doug Darbyson 43 Queen Street Director P.O. Box 1023 Niagara Falis, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca September 11, 2006 Re: PD- 2006 -75, Sidewalk Cafe Licence Agreement with the City SWC- 03/2006, The Love Boat Steak Seafood Restaurant 5845 Victoria Avenue LaParmigiana Restaurant Ltd. has made application to the City for renewal of the sidewalk cafe licence agreement for a sidewalk cafe in front of The Love Boat Steak Seafood Restaurant located at 5 845 Victoria Avenue. The licensed area is approximately 31.70 square metres and is shown hatched on Schedule 1. The licence fee for 2006 is $792.50. The rental rate is under review for 2007. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. Either party may terminate this licence, at any time, upon 30 days written notice to the other party. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 with the City to be included as additional insured. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 11, 2006 In the event that in the City's sole opinion, the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or where the City requires the lands for its or another agency's purposes, the City may either terminate or modify the site area. Prepared by: \LP Anamika Dilwaria Planner 2 Recommended by: Approved by: AD:gd Attach. Doug Darbyson Director of Planning Development 11 rT. Raven Executive Director of Corporate Services 2 S:\PDR\2006\PD2006 -75, SWC- 03 -06, The Loveboat, 5845 Victoria Ave.wpd Respectfully submitted: John MacDonald Chief Administrative Officer PD- 2006 -75 THIS AGREEMENT made this 10t'' day of July, 2006. BETWEEN: LAPARMIGIANA RESTAURANT LTD. c.o.b. as THE LOVE BOAT STEAK SEAFOOD RESTAURANT Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 5845 Victoria Avenue, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt ofwhich is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1St to October 31' in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence on May 1St, 2006 and shall terminate on October 31St, 2011, subject to its earlier termination. _2- 4. The Licensee shall pay a fee of Seven Hundred Ninety -Two Dollars and Fifty Cents ($792.50) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1 day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. S. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. -3- 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A "B" and "C". 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: LaParmigiana Restaurant Ltd. c.o.b. as The Love Boat Steak Seafood Restaurant 5845 Victoria Avenue Niagara Falls, ON L2E 3L6 Telephone: (905) 356 -2621 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (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 -4- 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 Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod 18. If the Licensee is in default or breach of a direction or request by the City, its officers, and employees to comply with this licence agreement, including the restoration of the City lands after the licence has been terminated, the City may undertake to do anything that will remedy the default or breach, at the Licensee' s expense, and the City shall be permitted to recover the expenses incurred -5- in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee 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. LAPARMIGIANA RESTAURANT LTD. c.o.b. as The Love Boat Steak Seafood Restaurant ,rte i d y7 Na 4X); Title /m._4(;- ,z)/A Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated July 10 2006 between LAPARMIGIANA RESTAURANT LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS 7- A -�t G -6- SCHEDULE "B" to an Agreement dated July 10 2006 between LAPARMIGIANA RESTAURANT LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 115 Plan 1 002 Town of Niagara Falls except Part 1 on Reference Plan 59R -6291; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64345- 0069(LT). -7-- -g- SCHEDULE "C" to an Agreement dated July 10` 2006 between LAPARMIGIANA RESTAURANT LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Niagara FciIIs Ccinadd SDEWALK CAFE GUIDELINES Planning and Daveloprac4. Council Approval Sept aber 12, 1994 Rmavised Mar '2003 Introduction: Definitions: Sidewalk Cafe Guidelines The information contained in the Sidewalk Caf6 Guidelines is intended to serve to those wishing to establish a sidewalk cafe on municipal a as a gcsnGral guide of applications for a sidewalk cafe. The Guidelines establish. general provisions which are to be considered to ensure safety, -aesthetics and compatibility.with land uses. The Guidelines do not replace any requiremnants of any other agency, including the Alcohol Gaming Ontario AGCO g Y ci�ffing Commission. Each application will reviewed on its individual merit, particular conditions and consi based on location and municipal needs. The Council dcratlons l ©f the Corporation of the City of'I�iagara, Falls, its of�'icers and employees are not bound by the information contained in the Guidelines nor liable for any reliance placed upon the contents of the Guidelines by any person. are they The sidewalk caf6 shall confo to any applicable provisions of the By -law, the Building Code, the Fire Code and Site Plan Control. g Ontario Outdoor Private Cafe means an outdoor area located entirely within the limits of rivate used on a seasonal basis only for tables and/or seating here P property g meals and/or refreshments are served and consumed in conjunction With a restaurant on the same property. Sidewalk Cafe means that portion ofmunicipal property 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 I to October 31, both inclusive. M Zoning: Criteria: r2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a enmutted use. A sidewalk cafe must be part of a restaurant use established in an P existing bu.�lduig as defined in the zoning By -law and have a restaurant licence issued by the Corporation of the City ofNia g ara Falls. Occupancy and parking g P Y P g 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. 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 nrintai ed for the clear movement of pedestrians. At the City's discretion, the unobstructed sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT :44 s'is.arriess bonnumeN §1 0 ..,,A:1 4-4, 3,,,,misicii �ii.a''�:i+?�1�`�,: s'tti�'�'i:�a`'a.'q+.!: s �it:4�':'i.`e'�►iw` 1o'q� F aiiar 41 ""111111111161M111111r .--Airamonfilita •IA��. .f.. 1 .iiiiiiiiiiii11:•1111111 jr 1 11111111itsi 17 Plaeeuient The plaecament of a sidewalk cafe will abut the property where the related restaurant use is located. Alternatively, the sidewalk cafe maybe placed within 0 :9 metres (3 feet) of the curb fact parallel to the restaurant with which it is associated; in either case, tho sidewalk cafe must satisfy the City's pedestrian movement criteria. where a sidewalk cafe is to pxtcnd into the area in -front of an abutting property/business, writt n cons ent of the affected property/business owner must be provided at the time of application. The, sidewalk cafe may be located at the front or exterior side of a restaurant use, Design: 3 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 boxcs/containers or similar barriers. Such barriers should beirea standing, structurally sound and finely abricated. The height and placement of the bathers should ensure that sight i Y ght luics are not impeded so that safety is ensured. The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed. Access The sidewalk cafe shall be designed to ensure a mum 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 The 3.2 feet). sidewalk cafe. shall not impede any existing barrier-free access to the restaurant. The design and placement of a side cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers May be strategically provided within the limits of a sidewalk cafe. Umbrellas, fxed awnings and enclosures; together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into thepedestrianmovement area. Fixed or retractable awnings shall be permitted only where an agreement with the City has been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. kpprovals: Application An application to establish a sidewalk caf6 on any portion of munici al property shall be submitted to Planning and Development S P P P �Y 8 p Services, together with the necessary fees and drawings prior to using 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 caf6 for comment prior to entering into an agreement Agreement Where an application for an outdoor sidewalk cafe 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 The sidewalk cafe owner /operator shall agree to save harmless the City for anymatter arising a result of the sidewalk cafe and its operation byway of a certificate of insurance in a forma acceptable to tbo 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 of Ni agars Falls By -law regarding schedule of fees for service as established from time to tune. Utilities It will be the responsibility ofthe 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 caf6 including, but not limited to, the cleaning of tables and caf6 surface. and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end of the season in accordance with the texas 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 shall remain closed during the period of 11:00 p.m. and 8 :00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk caf6. Other Regulations The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality ofNiagara, Regional Health Department and.Regional Police Force at all times. AB:tc SNSIDBWALKIC3E L4uidelines.wpd The City of Niagara Fars Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2006 -78 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca September 11, 2006 Re: PD- 2006 -78, Sidewalk Cafe Licence Agreement with the City SWC- 04/2006, The North Daily Planet Tap Eatery 4573 Queen Street That the City enter into and execute a Sidewalk Cafe Licence Agreement with Joe Mrkalj and Mike Mrkalj to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of The North Daily Planet Tap Eatery located at 4573 Queen Street. Joe Mrkalj and Mike Mrkalj have made application to the City for renewal of the sidewalk cafe licence agreement for a sidewalk cafe in front of The North Daily Planet Tap Eatery located at 4573 Queen Street. The licensed area is approximately 84.07 square metres and is shown hatched on Schedule 1. The licence fee for 2006 is $2,101.75. The rental rate is under review for 2007. The term of the proposed licence is five years and the sidewalk cafe will be required to operate in accordance with the City's Sidewalk Cafe Guidelines. Either party may terminate this licence at any time, upon 30 days written notice to the other party. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 with the City to be included as additional insured. The sidewalk cafe application has been satisfactorily reviewed by staff and is recommended for renewal. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development September 11, 2006 2 PD- 2006 -78 In the event that in the City's sole opinion, the remaining sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area such that pedestrian safety could be compromised, or where the City requires the lands for its or another agency's purpose, the City may either terminate or modify the site area. Prepared by: Anamika Dilwaria ohn MacDonald Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: for T. Rave da Executive Director of Corporate Services AD:gd Attach. S:\PDR\2006\PD2006 -78, SWC- 04 -06, The North Daily Planet, 4573 Queen St.wpd Respectfully submitted: Chief Administrative Officer THIS AGREEMENT made this 28 day of July, 2006. BETWEEN: 1083278 ONTARIO LIMITED Hereinafter called the "Licensee" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 4573 Queen Street, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1S` to October 31 in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1', 2006 and shall terminate on October 31 2011, subject to its earlier termination.- -2- 4. The Licensee shall pay a fee of Two Thousand One Hundred One Dollar and Seventy -Five Cents ($2,101.75) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1 St day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents. from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this Licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 1083278 Ontario Limited 4573 Queen Street Niagara Falls, ON L2E 2L7 Telephone: (905) 354 -9027 The City: -3- 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A "B" and "C 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (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 -4- 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 Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. The Owner agrees that should the City undertake streetscaping improvement works on Queen Street in 2007 the Owner will not operate the sidewalk cafe until the streetscape improvement works have been completed to the satisfaction of the City. 18. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. -5- 19. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 21. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee 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. 1083278 ONTARIO LIMITED Name: JC i 'j'1 Gj' Title: O (_fit/, Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated July 28`'', 2006 between 1083278 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS -6- -7- SCHEDULE "B" to an Agreement dated JULY 28` 2006 between 1083278 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Lots 8 and 9 Plan 999 1 000 as in R0748729 R0749730; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being PIN 64329- 0093(LT). SCHEDULE "C" to an Agreement dated July 28 2006 between 1083278 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS -8- The City of Niagara FciIIs Canada SIDEWALK CAFE .GUTDELINES Planning =d Deve1oprent. Council Approval Septitmber 12, 1994 Rov%sed lvfaroli2003 Introduction. Sidewalk Cafe Guidelines The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide to those wishing to establish a sidewalk cafe on municipal property and to ass' P P Ply 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:adja.cent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). Bach 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 Palls, its officers and employees are not bound by the information contained in the Guidelines, nor are the liable for any reliance placed upon the contents of the Guidelines by any person. Y The sidewalk caf6 hhall conform to any applicable provisions of the Zoning By -law, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: Outdoor Private Cafe means an outdoor area located entirely within the limits of private property used an a seasonal basis only for tables and/or seating where meals anchor refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe means that portion ofmunicipal property 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' l to October both inclusive. W OM orsur Zoning. 2 A sidewalk cafe shall be located in a commercial zone where a restaurant is a ermitted use. A an existing bu.�Idzn sidewalk cafe must be part of a restaurant use established in P .g as defined in the Zoning By-law and have a restaurant licence issued by the Corporation of the City ofNia ara Falls. Occupancy and parking 8 p g requ�renaents 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 may be 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 cafes *shall not normally be considered where the total sidewalk width is 3.9.metres (13.0 feet) or loss. FIGURE 2 PEDESTRIAN MOVEMENT i lbi t 1 :1, 14 4 44sti me fir miumileall11111 1 .Mir' r'' ille11 a y v a1111111111111011111111164111104116111111q11110111s1109/ Placement The placement of a sidewalk cafe will abut the propertywhere the related restaurant use is located. Alternatively, the sidewalk cafe may be placed within 0.9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's pedestrian movement criteria. whore a sidewalk cafe is to extend into the area in front of an abutting property/business, written consent ofthe affected property/business ownermustbeprovided at the time of application. The, sidewalk cafe may be located at the front or exterior side of a restaurant use, Design: Enclosure The outdoor sidewalk caf6 shall be separated from the area Of sidewalk reserved for pedestrian movement through the use of decorative fencing, planter boxes/containers or similar barriers. Such barriers should bcireo standing, structurally sound and finely fabricated. placement of the barriers should ensure that sight lines y The height would be subject s arcuot impeded so that safety is ensured. The barrier ect to the requirements of the AGCO if the sidewalk caf6 is licensed. -3- Access The sidewalk cafe shall b designed to ensure a minimum emergency evacuation route, in accordance with standards of the Ontario Building Code and/ y g and/or fire ragulations, is available at all times to and from the restaurant. In no case shall this route be les sidewalk cafe shall not impede s than 1.0 metros (3.2 feet The p e any existing barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per erson shall be used to determine the maximum seating capacity of the sidewalk caf6. P Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the s' P P sidewalk caf6. Decorative garbage containers may bo strategically provided within the limits of a sidewalk caf6. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend be o g y nd the sidewalk caf6 area or encroach into the pedestrian movement area. FiXed or retractable awnings shall be ernutted only where an agreement with the City has been: obtained. All p Y be appropriately maintained at all tunes by the sidewalk cafe licensee. Pexxn�ttcd accessories shall Application An application to establish a sidewalk caf6 on anyportion be submitted to Planning and Development yF on of municipal property shall p Services, together with the necessary fees and drawings prior to using any municipal lands. Th completed application shall be c' Technical Committee for review and comment before PP circulated to the Site Plan emitting into an -agreement. Notice of application must be posted in a conspicuous position on the front of the building which the sidewalk. At the discretion of the City, g which can be read owners/business o orators abutting ty� lice of the application may be circulated to P tt ng the property on tither side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk caf6 is approved, the o op orator shall enter into an agreement owner and/or greement with the Corporation of the City ofNiagara Falls concerning, among other things, the lands involved, period of operation, liabii insurance maintenance a and restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agree to save harmless the City for anymatter arising.as a result of the erati sidewalk caf6 and its o of a certificate of insurance in a form acceptable to P on byway responsible for securing furniture tho City Solicitor. The operator shall be fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid with the City ofNiagara Falls By -law regarding chedule o in accordance P to time. S f fees for service as rstablishccl from time Utilities It will be the responsibility of the operator to secure an approvals fees as may be required by the gas, telephone, h y necess �Y PP and payment or. operating sidewalk hydro, cable companies or similar utility prior to establishing P g an outdoor sidewalk caf6, Malntenan ce The operator will be responsible for all maintenance of the sidewalk caf6 including, not limited to, the cleaning of tables and caf6 fig surface. and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the entering into an agreement with the municipality. time of Seasonal Closure All furniture, fixtures and fittings shall be removed from City prop at c of the season in accordance with the terms of tYP PAY th. end the agreement with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not or by November 1, (v�rhichcvcr. is first) in order to o in place ensure pedestrian movement •or snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed during the period of 1 I :00 .m. and 8 a the following day. P P 8:00 a.m. Taxes The operator shall be responsible for payment of all realty and business taxes the sidewalk cafe.' s assessed Other Regulations The operator of an outdoor sidewalk caf6 shall meet the re laws of the City ofrliagara Falls, Niagara Falls �ations and b y Regional wealth D g Fire Department, Regional Municipality ofNzagata, cparrtmesnt and.Regional Police Force at all times. A.13 :tc k pprovais: S:\SIDEWALIGOENERALNillidelines.wpd Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW -2006 -102 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca September 11, 2006 Re: MW- 2006 -102 Downtown Eastern Gateway Environmental Assessment Consultant Selection 1) That Totten Sims. Hubicki be hired to complete an Environmental Assessment for the eastern gateway identifying the preferred road alignment that will meet technical criteria, as well as taking into consideration the goals and objectives of the Downtown Community Improvement Plan and the Strategic Implementation Plan; and, That the Mayor and Clerk be authorized to execute the necessary agreements. This is further to Council's adoption of the "Downtown Strategic Implementation Plan (SIP) and Moving Forward Costs" (PD- 2006 -34 May 8, 2006). One of the recommendations approved was to "prepare the necessary Environmental Assessment documents for the eastern and western gateways which will explore alternatives and resolve issues Thus, staff has prepared a Terms of Reference for the Environmental Assessment for the Eastern Gateway, and invited consultants to submit a proposal. Three consultants submitted proposals; Urban &Environmental Management (LJEM), Delcan, and Totten Sims Hubicki (TSH). A summary of the proposal costs is as follows: Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services September 11, 2006 2 MW -2006 -102 Consultant Cost (Excluding GST) Delean 123,656.00 UEM 137,870.00 TSH 162,320.00 The proposals were evaluated by a committee comprising municipal Engineering, Traffic Parking and Planning staff. The proposals were based on the following criteria: Experience and Qualifications Strength of the proposed Project Team Quality of the proposed approach to the scope of work Ability to successfully complete the project Response Characteristics Proposal Cost The Team recommends that Totten Sims Hubicki be hired to provide the consulting services for this project, at a cost of $162,320.00. The comprehensive proposal submitted by TSH excelled in the strength and diversity of TSH's project team and their understanding of the project. Team members include not only engineering and urban planning staff, but also include experts in specialized fields in land economics, landscaping, built heritage and culture, anthropology, noise and safety. Experts in these areas will provide essential information to ensure that an assessment of the natural, social and economic environments are all considered during the Environmental Assessment process. As the successful completion of this project within a designated time line is of critical importance, the rating committee concluded that this may best be achieved through a diversified and multifaceted team. Totten Sims Hubicki's submitted cost, as shown, is not low bid. However, by deducting the costs for the specialized experts, a necessary component to the success of the project, their bid would represent the median bid. The expense for the additional staff as rovided by TSH is also p Y reflected in additional person -hours expended by the project team. Thus, taking this information into account, TSH is also financially competitive. Totten Sims Hubicki has previously completed Environmental Assessments and complex transportation planning projects within Niagara Falls, the Niagara Region and throughout Ontario. They have a broad knowledge of overlapping issues within the municipality that is considered to be valuable. Thus, it is the opinion of the rating committee that TSH is fully capable of undertaking this project. Financing: The estimated amount for the project was 100,000.00. The actual project cost is $162,320.00. Funding: 12- 3- 310051- 030000 -3 100% The Queen Street design project is under budget, and therefore the additional costs for this project may be absorbed without increasing the overall budget for the downtown Environmental Assessments. September 11, 2006 Karl Dren, C.E.T. Manager of Traffic Parking Services Approved by: Ed Dujlovic, P.Eng. Director of Municipal Work M.Carrick V:12006COUNCIL10609111MW -2006 -102 Eastern Gateway EA.wpd 3 The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: /K4-"2; Respectfully submitted: John MacDonald Chief Administrative Officer MW-2006-102 The City of Niagara Fall Canada Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -103 Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi©city.niagarafalls.on.ca September 11, 2006 Members: Re: MW- 2006 -103 Warren Creek Watershed Plan Implementation Municipal Class EA 1) That the City of Niagara Falls complete the implementation of the Warren Creek Watershed Plan in accordance with the provisions of the Municipal Class EA (Phases 3 -5 inclusive) 2) That the City amend the engineering agreement with Upper Canada Planning Engineering Ltd., as set out in their proposal, dated July 20, 2006, to include the expanded work plan and additional fees of $12,235 plus GST. 3) That the City of Niagara Falls engage the services of Urban Environmental Management Inc. to complete the necessary Fluvial Geomorphic Assessment, as set out in their proposal, dated August 28, 2006, at an upset limit fee of $23,400 plus GST. The City of Niagara Falls has engaged the services of a number of firms to assist in the engineering design and approval of the Warren Creek Watershed Plan. This Plan was developed during the mid 1990's and was finally approved in September of 2000. The implementation has been complicated by out -of -phase development, changing environmental standards and proposed land use changes. The scope of the work is too extensive and expensive to require one developer to construct the needed works. As a result, the best way to approach the implementation is to complete the final three Phases of the Municipal Class EA process as a City initiated Capital project. To date, interim works have been completed by the developer (primarily in the Garner Estates Subdivisions) however most of the downstream works are still outstanding. This work includes the construction of some major stormwater management facilities and the reconstruction of a number of culverts to handle the post development flows generated from the proposed residential and commercial projects identified in the Garner Neighbourhood S Plan. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services September 11th, 2006. 2 MW -2006 -103 Recent discussions with the developers of the Warren Woods Subdivision have created an opportunity to realign the Warren Creek to an alternate location that will provide more efficient land uses within the subdivision and enhance the efficiency and environmental viability of the watercourse. In order to complete the detailed design the realignment must revisit the objectives identified in the first two phases of the Warren Creek Watershed Plan and investigate alternatives to ensure the current standards for the protection of environmental features and fish habitat can be satisfied. To achieve this, it will be necessary to extend the scope of the work and budget for the work being done by Upper Canada Planning Engineering Ltd. (Reference: MW-2006-116) to include additional public and agency consultation and environmental analysis. In addition, a study of the current and future flows are necessary to determine bank stability, potential for erosion and sediment transportation downstream. Attached are the proposals from the two consultants outlining the additional works required. The 2006 Capital Works Budget (12 -3- 420015- 030000) has sufficient funding to accommodate these extra costs which are to be funded as follows: Due to the time considerations involved in this project your consideration of this matter is appreciated Prepared by: Geoff Holman Manager of Development Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works attach(s) Capital Holding Account (30 Development Charges Reserve (70 Respectfully submitted: John MacDonald Chief Administrative Officer CG UPPER CANADA CONSULTANTS ENGINEERS /PLANNERS July 20, 2006 File: 0594 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attn: Mr. Geoff Holman, C.E.T. Re: Revised Engineering Fees for Additional EA Works Warren Creek Watershed, Niagara Falls Capital Works Assessment (Project No. S -2 -04) R ECEIVE D JUL 2 6 0O6 f ENGINEERING frc 1 Upper Canada Planning Engineering Ltd. 261 Martindale Road Unit #1 St. Catharines, ON L2W 1Al Phone 905- 688 -9400 Fax 905-688-5274 Further the to decision take this project through the Environmental Assessment (EA) process to construct the necessary works of the channel re- alignment, we are pleased to provide a revised engineering fees required for our offices to undertake this process. The revised fees are required for the following EA process requirements 1. Initiate the project with the MOE under the Environmental Assessment (EA) starting with Phase 3 and continuing to initiating construction under Phase 5. 2. Prepare the necessary alternatives for the proposed Warren Creek re- alignment from McLeod Road to Kalar Road and for the east branch from McLeod Road to the confluence with the main branch. 3. Prepare an EA document for submission the MOE and provide additional information as required for the approval of the EA for this project. The associated time and fees are provided inthe revised Fees Schedule as enclosed for your reference, where the fees have increased by $12,235.00 and represents an increase of 34% in the total for additional works. Burlington St. Catharines CG UPPER CANADA CONSULTANTS ENGINEERS /PLANNERS Should you have any question or concerns regarding the information provided, please do not hesitate to contact our office. Yours very truly, Jason Schooley, P.E cc. Encl. g. Mr. Geoff Holman, C.E.T. Warren Creek Watershed, Niagara Falls July 20 2006 Revised July 20061 Estimated Dollars 1 $1,705 $3,715 $7,680 $5,495 $18,695 $5,935 $7,760 $13,695 I 9 Vet $7,7001 1999'09$ $3,8551 I ozet Upper Canada Consultants 1261 Martindale Road, Unit#1 St Catharines, ON L2W 1A1 EXPENSES1 0 0 E 006$ 01.9$ 063 OEZ$ Lo39$ 1p6z`z$ 905-688-9400 p c6Lt OgeL$ 9 n1.'114 000'L szottl 9E9 909'n 909t$ nw Idol it) !Project: Warren Creek Watershed Capital WorIcsiKalar Road to Gamer Estates Ex. SWM Facilities, City of Niag 1. 09$ 'on wn 09 Oz c) in CV ...0 C■1 0 CD rian.ins 06$ rm i OC 99$ 01. (11. St CO 2 903 1.0 CV LZ 9 (fr CC 1 ow. on.$ OP PAPPENDIX B FEES SCHEDULE 1 Task Description 11.0 Documentation Review, EA and Pre-Desigris 1.4 Prepare Base Plans 1.5 Initiate Discussions with Development Lands Subtotals 2.0 Evaluation and Assessment 2.1 Review alternatives with City Staff 2.2 Finalize channel alternatives Subtotals 3.0 Impacts and Recommendations 3.1 Provide final channel routes 3.2 Finalize Design/Drawings 3.3 L Campbell Associates Subtotals 1 1 1 14.1 Provide detail review of channel design plans 1 1 Subtotals! 1 I 1 Urban Environmental Management Inc. 4701 St. Clair Avenue, Suite 301, Niagara Falls, Ontario, Canada L2E 3S9 voice: +1 (905) 371 -9764 fax: +t (905) 371 -9763 Mr. Geoff Holman, CET Manager of Development City of Niagara Falls Municipal Works 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Holman, Re: Proposed Warren Woods Development, Warren Creek Stabilization (Fluvial Geomorphic Assessment and Conceptual Design) Thank you for inviting Urban Environmental Management (UEM) to submit a brief letter proposal for our participation within the Warren Woods Environmental Assessment initiative, specifically with respect to the undertaking of a fluvial geomorphic assessment and conceptual design. of bank stabilization works for Warren Creek. As we understand it, The EA Team consists of Upper Canada Consulting Inc. (UCC), The Planning Partnership (PP) and L. Campbell and Associates Inc. (LCA). Furthermore, it is our understanding that UEM will report to the City of Niagara Falls on this project while working closely with UCC and LCA, and will allow for three meetings with UCC/LCA and City staff as a part of this project. This letter will provide you with: UEM Work Plan UEM Project Team Budget Schedule 28 August 2006 Project No: PRP -06 -35 I WORK PLAN The main tasks associated with this peer review include: Task 1 Background Review, Task 2 Complete Geomorphic Investigation of the Study Area, Task 3 Derivation/Confirmation of Alternatives for Fluvial Geomorphic Conceptual Design Strategies (within the context of the proposed development), Task 4 Provision of Geomorphic Technical Input for Alternatives Assessment /Impact/Mitigation, Task 5 Creation of Geomorphic Conceptual Design, Task 6 Preparation of Display Materials for Public Open House, Task 7 Attend Public Open House. Task 1— Background Review The EA Team and the City of Niagara Falls will provide UEM, with all relevant documents and data. These include any previous assessments /studies, past channel and slope design information, and any correspondence from reviewing agencies. UEM will review all documents and data with the intent of identifying any `gaps' in the knowledge base regarding the study area. The final outcome for this task will consist of a summary and gap assessment, in the form of a technical memo, which will set the stage for tasks 2 and 3 (review agency dialogue and complete geomorphic investigation respectively). The UEM team will also complete a site visit as part of this background review. To finalize the background review, UEM will. contact any agencies that may be deemed critical for review and /or approval of the fluvial geomorphic works to be proposed. It is important to engage these authorities in the solution process to avoid unnecessary delays as well as to solicit opinion and acceptance. This task will be undertaken closely with UCC and LCA as it is understood that dialogue regarding this effort has advanced to some extent already. Task 2 Complete Geomorphic Investigation of the Study Area The Study Area consists of Warren Creek from Garner Road in the east and McLeod Road to the north, proceeding downstream to Brown Road as the study area terminus. It is our understanding that the development proponent has undertaken a detailed topographic survey of the area in the vicinity of Warren Creek already. UEM will review these data and integrate them into the creation of stream cross sections to facilitate the creation of a hydraulic model for the study reach. It is also our understanding that the existing survey is of sufficient detail to preclude the usual geomorphic surveying effort; this will allow for a significant reduction in the usual cost for this activity. An in -situ review of the reach will be undertaken by UEM geornorphologists. The intent of such an effort is to allow for a full assessment of flow conveyance. This will provide a basis for assessing the force /resistance balances through the study area, particularly on the banks of Warren Creek itself. Force /resistance balances will be examined using the U.S. Army Corps of Engineers' HEC -RAS modeling system. It is most likely that such computer modeling will be required by approving authorities such as the Niagara Peninsula Conservation Authority (NPCA). Task 3 Derivation /Confirmation of Alternatives for Fluvial Geomorphic Conceptual Design Strategies UEM will work directly with UCC and LCA to derive and confirm the conceptual alternatives for geomorphic stabilization of the Warren Creek within the context of the proposed development. The alternatives for fluvial geomorphic stabilization will be coordinated with development alternatives proposed by the proponent. Furthermore, geomorphic strategies will be reviewed and checked against the extended geomorphic investigation of the existing conditions to be completed as Task 2, above. 2 Task 4 Provision of Geomorphic Technical Input for Alternatives Assessment/Impact/Mitigation UEM will provide technical geomorphic input for the alternative design/management strategies being proposed for the area in the vicinity of the Warren Creek. The geomorphic investigation and modeling of the proposed Warren Creek channel alignments will form the basis for creating alternatives assessments. This review will make use of HEC -RAS model derived for the proposed channel configurations by including the proposed stabilization works as a comprehensive modeling effort. This model will form the basis for the provision of geomorphic technical input for alternatives assessment, impact and mitigation for the entire study area. The derived HEC -RAS model will be used as the primary tool for fluvial stability assessment under the identified management scenarios. UEM's commentary will he summarized in a Technical Memorandum (TM3) Task 5 Creation of Geomorphic Conceptual Design UEM will prepare a conceptual design for the fluvial restoration of Warren Creek within the context of the proposed preferred alternative for the stabilization of Warren Creek within the Warren Woods development. This will include order-of-magnitude cost estimates and concept drawings. The focus will be upon the desired re- alignments of the creek channels and the provision of ecologically appropriate stabilization works to assure sustainability of the system from optimal ecological and engineering maintenance viewpoints. This conceptual design will be included in a Technical Memorandum (TM4). Task 6 Preparation of Display Materials for Public Open House UEM will prepare display materials for any open house activities that may be undertaken as a part of the EA process. This will include up to 12 display boards and a handout. Task 7 Attend Public Open House Ian Smith and Bruce Gall will attend one Open House and will be available to answer any questions regarding the geomorphic investigation and conceptual design. This does not include preparation of a formal presentation at the Open House. 2 UEM PROJECT TEAM UEM has undertaken numerous projects that focus upon the assessment of the geomorphic stability of creek and stream systems. The staff at UEM is well versed in the collection of field data that range from high accuracy surveys to the collection of flow and geomorphology data. UEM is also well versed in the use of sophisticated geospatial hydraulic, hydrologic and geomorphic models for assessment and design of fluvial structures. We have had the opportunity to work with both UCC and LCA on geomorphic projects in the past. Project examples include stability assessments of Bartlett Creek (Town of Lincoln), Springbrook Creek (Credit Valley Conservation), Cooksville and Sawmill Creeks (City of Mississauga), the Red Hill Creek and Chedoke Creeks in the City of Hamilton. The UEM team has also completed extensive HEC RAS and HEC geoRAS geomorphic modeling of the Twenty Mile Creek in the Town of Lincoln. 3 UEM has successfully designed structures in natural stream settings that take into account the geomorphic variability and dynamics inherent to these complex systems. Staff have supervised construction at these sites and engaged in post construction monitoring. Project examples of design, approvals procurement and construction supervision include Bartlett Creek (Town of Lincoln) and the headwaters of the Red Hill Creek (City of Hamilton). UEM has also undertaken formal flow monitoring and fluvial erosion monitoring as well as biological assessments (BioMap, etc.) to gauge the success of various designs. The UEM Fluvial Geomorphic team includes: Ian D. Smith, B.Math., M.Sc., OLIP, OLS is a principal partner at UEM. He manages the GIS /Geomatics and Natural Systems (fluvial geomorphology) teams. He has extensive experience with the planning, assessment/analysis, design and implementation of natural systems for water management. Particular focus has been dedicated to the restoration of streams and creeks as well as the creation of wetlands. Ian has a Master's of Science degree in Geology, specializing in fluvial geomorphology, particularly the application of computer models in geomorphology (working with Dr. Keith Tinkler of Brock University). In addition to being Principal to UEM, Ian is currently a Water Resources Professor and GIS Program Coordinator at the Niagara College Centre for Environmental Training (in conjunction with Brock University). Ian provides consulting services locally in Ontario as well as internationally. Ian will lead the UEM effort on this assessment and conceptual design and will participate in all tasks. Keith J. Tinkler, Ph.D. has worked with engineering firms, conservation agencies and private groups on rehabilitation and re-direction plans for several creeks in the Golden Horseshoe over the past ten years. Projects have included the geomorphic assessment of systems such as Cooksville Creek, Sawmill Creek (Mississauga), Bartlett Creek (Beamsville), Twelve Mile Creek in Short Hills Provincial Park, Red Hill Creek at Ottawa Street (Hamilton) and Springbrook Creek in Brampton. The focus has largely been on a proper assessment of the stability of the banks and bed under storm conditions when the stream flow regime is near the critical state, and is maximally efficient. This topic formed the core of a graduate thesis completed in 2005 under his supervision by Rhonneke van Rizen at Brock University. His own research includes monitoring flow conditions and erosion rates in a variety of streams from Texas, western New York State through to Cooksville Creek in Peel Region. Keith is also a professor of geology /geography at Brock University specializing in geomorphology, with almost 40 years of academic experience that includes an exceptional number of publications and presentations. Keith will attend all meetings and provide expert opinion during the review process. Bruce Gall, M.Eng., P.Eng. brings 18 years of environmental engineering experience to the fluvial geomorphic team. This includes work associated with planning, analysis, design, and monitoring of natural and manmade aquatic systems. His recent focus has been on storm water quality and quantity control in non -urban settings. Bruce has the support of the experienced g pp p UEM team of municipal design engineers to ensure that all assessments, analyses and designs consider standard municipal design practices wherever they may apply to various projects. In 2004, Bruce supplemented his degrees in Civil Engineering with a Post Graduate Certificate in Ecosystem Restoration from Niagara College. Bruce is familiar with local watershed issues through his involvement in Public Advisory Groups such as for the Burlington "North Shore 4 Tasks Proposed Schedule September October 4 1 i 18 25 2 9 16 23 1. Background Review 2. Geomorphic Investigation ailimaiMinnia 3. Alternatives for Conceptual Design Strategies 4, Geomorphic Technical Input 5. Geomorphic Conceptual Design Display Materials Watershed Study" and "Indian Creek Estuary Habitat Reconfiguration Project Bruce will assist in the field work and play a critical role in the conceptual design strategy. 3 BUDGET Our total budget for this work is $23,400 (GST and expenses not included). This includes: Task 1-- Background Review $2,100 Task 2 Complete Geomorphic Investigation of the Study Area $4,500 Task 3 Derivation /Confirmation of Alternatives for Fluvial Geomorphic Conceptual Design Strategies $2,100 Task 4 Provision of Geomorphic Technical Input for Alternatives Assessment/Impact /Mitigation $2,500 Task 5 Creation of Geomorphic Conceptual Design $7,000 Task 6 Preparation of Display Materials for Public Open House 1,300 Task 7 Attend Public Open House $1,000 Meetings with EA Team and /or City of Niagara Palls $2,900 The budget allows for meetings within the EA team context three times and for one Open House session. If additional meetings are required, they will be billed at an hourly rate (of 145/hr for Ian Smith, $135/hr for Keith Tinkler and $135 /hr for Bruce Gall) plus expenses. 4 SCHEDULE The following table details the timeline for the project: Proposed Pro ect Schedule 5 The project schedule detailed above assumes approval of the work program for commencement during the week of September 4, 2006. Tasks 1 through 6 will be completed by October 30, 2006. UEM will be available for the Open House as per the scheduling of the City of Niagara Falls after the 30 th 5 CLOSURE Thank you for giving us the opportunity to participate in this most worthwhile and interesting study. Please contact me if you have any concerns with our proposed approach and budget. If you agree to retain us for this project, we will be prepared to start immediately and can have the Task 1 Background Review completed within one week of receipt of project documents. If you require additional information, please let me know and 1 will forward it to you. We look forward to working with you to provide our expertise in Fluvial Geomorphic Assessment and Conceptual Design. Yours very truly URBAN ENVIRONMENTAL MANAGEMENT INC. Ian Smith, M.Sc., OLS, OLIP. Principal 6 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -104 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca September 11, 2006 Re: MW- 2006 -104 Tender 2006- 178 -06 Lundy's Lane Installation of Water Services by Boring It is recommended that the unit prices submitted by the low tenderer, Condotta Construction Limited, be accepted. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Thursday, August 31, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by nine (4) contractors and six (6) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the six (6) contractors, together with the corrected bids 1. Condotta Construction Limited (Thorold) $521,377.00 2. A -Van Egmond Construction Limited (Smithville) $648,775.00 3. DeRose Bros. Limited (Thorold) *$661,253.97 $661,181.97 4. Alfidome Construction Ltd. (Niagara Falls) $675,000.00 5. Greely Construction (Stoney Creek) Incomplete 6. Avertex Utility Solutions Inc. (Orangeville) Incomplete Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services September 11, 2006 2 MW- 2006 -105 The lowest tender was received from Condotta Construction Limited in the amount of $521,377.00. This contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $540,000.00 Project Costs: Awarded Contract $521,377.00 Funding: 2006 Municipal Works Capital Projects Budget Watermain Replacement Program $530,000.00 The contract on Lundy's Lane from Beaverdams Road to Gamer Road is to abandon the south side Watermain by transferring the water services to the north side watermain. Eighteen watermain breaks have occurred on the south side watermain, with no watermain breaks on the newer north side watermain. This project is scheduled to commence on October 2, 2006, and all work to be completed by November 10, 2006. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall Project Manager Approved by: Ed Dull: vic Director of Municipal Works Account #12-3-430003-030000 Respectfully submitted: John MacDonald Chief Administrative Officer V:\2006COUNCIL \060911\MW- 2006 -104 Lundy's Lane Installation of Water Services by Boring.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Niagara Falls I The City of Canada 11111111 ftill0 1 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Community Services Department MW- 2006 -105 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca September 11, 2006 Re: MW -2006 -105 Tender 2006- 171 -06 Barker Street, Hiram Street Watermain Replacement It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Wednesday, August 30, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eight (8) contractors and five (5) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the five (5) contractors, together with the corrected bids 1. Alfidome Construction Ltd. (Niagara Falls) $387,755.00 2. Fine Grade Construction Limited (Niagara Falls) $389,145.00 3. Vic Vatrt Construction Limited (Welland) $410,399.56 4. Peter's Excavating (Fort Erie) $421,830.00 5. Condotta Construction Limited (Thorold) Incomplete Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services September 11, 2006 2 MW -2006 -105 The lowest tender was received from Alfidome Construction Limited in the amount of $387,755.00. This contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $380,000.00 Project Costs: Awarded Contract $387,755.00 MOE Approval 1,100.00 TOTAL $388,855.00 Funding: 2006 Municipal Works Capital Projects Budget Watermain Replacement Program 390,000.00 Account #12-3-430003--030000 The contract is for the replacement of the watermains on Barker Street from Dorchester Road to Carlton Avenue and on Hiram Street from Falls Avenue to Ontario Avenue. This project is scheduled to commence on September 25, 2006, and all work to be completed by. November 24, 2006. Council's concurrence with the recommendation made would be appreciated. Prepared by: J 6.6/1/0 Bob Darnall Project Manager Approved by E Dujlovic irector of Municipal Works Respectfully submitted: et John MacDonald Chief Administrative Officer V:\2006COUNCIL\06091 1\MW- 2006 -105 Barker Street, Hiram Street Watermain Replacement.wpd Niagara Falis I The City of Canad Members: Community Services Department MW- 2006 -106 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falis, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: eduj4ovi @city.niagarafalis.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario September 11, 2006 Re: MW -2006 -106 Tender 2006- 151 -05 Bridges Culverts Minor Repairs Guide Rails Erosion Control RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Peninsula Construction Inc., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, August 29, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eight (8) contractors and seven (7) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the seven (7) contractors, together with the corrected bids 1. Peninsula Construction Inc. (Fonthill) *$137,178.84 ($138, 178.84) 2. CRL Campbell Construction (Wainfleet) $152,107.80 3. Hard Rock Construction Inc. (Port Colborne) $164,870.00 4. Stevensville Lawn Service (Stevensville) $166,690.00 5. Steele Contracting (Ridgeway) $167,760.00 6. Rankin Construction Inc. (St. Catharines) $173,840.00 7. George Barnes Sons Limited (Lowbanks) $184,1 55.00 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services September 11, 2006 2 MW- 2006 -106 The lowest tender was received from Peninsula Construction Inc. in the amount of 137,178.84. This contractor has previously performed similar type projects for the City and other Niagara Region municipalities. We are therefore, of the opinion, that this contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $190,000.00 Project Costs: Awarded Contract $137,178.84 Funding: 2006 Municipal Works Capital Projects Budget Structure Rehabilitation Program $135,000.00 Acct. #12- 3- 310048- 030000 Asphalt Overlay and Road Rehabilitation Program 5,000.00 Acct. #12- 3- 310024- 030000 The contract is for some minor repairs, installation of guide rails and erosion control on the following bridges and culverts: Garner Road 30 m South of Brown Rd McKenney Road 120 m South of Lyon's Creek Rd Misener Road 750 m South of Yokom Rd Schisler Road 200 m West of Willodell Rd Willodell Road 120 m North of Marshall Rd, Major Donald Dell Bridge Beck Road 180 m South of Lyon's Creek Rd, Copeland Bridge Ort Road 270 m South of Bossert Rd Ort Road 80 m North of Sauer Rd Marshall Road 30 m East of Sodom Rd This project is scheduled to commence on September 25, 2006, and all work to be completed by November 24, 2006. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall Project Manager Approve y: Respectfully submitted: John MacDonald Chief Administrative Officer Ed Dujlovic Director of Municipal Works V:\2006COUNCIL\060911\MW- 2006 -106 Bridges Culverts Minor Repairs Guide Rails Erosion.wpd The City of Niagara Falls Cana Attachment Director of Municipal Works Community Services Department MW- 2006 -107 Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: That the attached resolution be adopted. BACKGROUND: Tel: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca September 11, 2006 Ed Dujlovic, P. Eng. Director Members: Re: MW- 2006 -107 Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) Application for Funding Resolution Weightman Bridge Intake Three for the COMRIF is accepting applications until Wednesday, September 13, 2006 for projects to be considered for funding. In order for the application to be considered, Council, by resolution, must commit to this project being the top priority. Intake Three priorities for project selection are local bridges and roads, solid waste management, and water and waste water. In the opinion of staff, the project, that best meets the requirements of the COMRIF funding guidelines, is the Weightman Bridge Deck Replacement project that is to be carried out in 2007 at a cost of $2,425,000.00. Accordingly, it is staffs recommendation that this project be put forward for consideration by the COMRIF Review Team. Staff has prepared the required resolution which must accompany the funding application which is attached for Council's approval. Council's concurrence with the above recommendation would be appreciated. Approve by: Respectfully submitted: Y A de Ed Dujlovic'" John MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Laws The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman September 11, 2006 WHEREAS the City of Niagara Falls is committed to enhancing and renewing aging public infrastructure; and WHEREAS the Governments of Canada and Ontario are partnering with eligible municipalities to invest in local infrastructure; and WHEREAS the City of Niagara Falls is applying for funding for the Weightman Bridge Deck Replacement under this partnership through the Canada Ontario Municipal Rural Infrastructure Fund (COMRIF). THEREFORE BE IT RESOLVED the Weightman Bridge Deck Replacement is the highest infrastructure renewal priority within the City of Niagara Falls. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 1083278 Ontario Limited, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of The Daily Planet located at 4573 Queen Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS 1. A Sidewalk Cafe Licence Agreement dated July 28, 2006 and made between 1083278 Ontario Limited as Licensee and The Corporation of the City of Niagara Falls as City, respecting the Y p g licencing of a sidewalk cafe in front of 4573 Queen Street, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 11, 2006. September 11, 2006. September 11, 2006. CITY OF NIAGARA FALLS By -law No. 2006 THIS AGREEMENT made this 28 day of July, 2006. BETWEEN: 1083278 ONTARIO LIMITED Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 4573 Queen Street, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNES SETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: I The City shall permit the Licensee to occupy and use the City lands from May 1" to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1", 2006 and shall terminate on October 31', 2011, subject to its earlier termination. -2- 4. The Licensee shall pay a fee of Two Thousand One Hundred One Dollar and Seventy -Five Cents ($2,1 01 .75) plus G. S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1St day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. -3- 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A "B" and "C 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: 1083278 Ontario Limited 4573 Queen Street Niagara Falls, ON L2E 2L7 Telephone: (905) 354 -9027 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (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 -4- 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 Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. The Owner agrees that should the City undertake streetscaping improvement works on Queen Street in 2007 the Owner will not operate the sidewalk cafe until the streetscape improvement works have been completed to the satisfaction of the City. 18. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. -5- 1 9. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered_necessary had been and all covenants herein shall be construed to be several as well as joint. 21. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee 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. 1083278 ONTARIO LIMITED Name: J'C P1 G Title: p a Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated July 28 2006 between 1083278 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS 0.1 1 1 Z ;1 -6- -7- SCHEDULE r►B" to an Agreement dated JULY 28 2006 between 1083278 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS Part Lots 8 and 9 Plan 999 -1000 as in RO748729 RO749730; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being PIN 64329 -0093 (LT). -8- SCHEDULE "C" to an Agreement dated July 28` 2006 between 1 083278 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falis Canada SIDEWALK CAFE. .GUIDELPES Planning and Development. Council Approval September 12, 1994 s Ravised March:2003 Introduction: The information contained in the Sidewalk Caf6 Guidelines is intended to serve as a general eneral 'de property and those wishing to establish a sidewalk cafe on municipal ro p p d 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 adj acent land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Commission of Ontario (AGCO). g Bach application will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs, The Council ofthe Corporation of the City ofNiagara Falls, its officers and employees are not bound by the information contained in the Guidelines, nor are the liable for any reliance placed upon the contents of the Guidelines any b an person. Y The sidewalk eaf6 shall conform to any applicable provisions of the Zoning By-law, the Ontario Building Code, the Fire Code and Site Plan Control. Definitions: '4r Outdoor Private Cafe means 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 property. Sidewalk Cafe means that portion ofmunicipal property 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. Seasoner./ means the six month period from May 1 to Octobci31, both inclusive. "t *(104 WIA170.140 M,U.. .•w Sidewalk Cafe Guidelines v, M r. Zoning. A sidewalk caf6 shall be located in a commercial zone where a restaurant is a emitted use. A sidewalk cafe must be part of a restaurant use established in an P in budding as defined in the Zoning By-law and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk caf6 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 may be reduced to 2.A metres (8 feet) if the sidewalk caf6 is located on a sidewalk that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive.. Sidewalk caf6s shall not northally be considered where the total sidewalk width is 3.9 metres (13.0:feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT ki 151 �i e.k N, AlammiNz4 31:simamik T 441 1.1. 13 0; 1 N Ply `,I�� e� ii h. w -P `i3. Z.- s 1411111111M111 a q lain 1 III 111111111111111111 'Imisiiionimmum, I p 1111141115 11111 itmeir111104111111111 11 piiiiiinimiinimirimanallial 2r 111010 'vatinsiiiiiiiiimmiiiitiiiiiivaiismiatime" ‘%11 1111111 rin 1r/ Placement The placement of a sidewalk cafe will abut the propertywhere the relatedrestaurant use is located. Alternatively, the sidewalk caf6 maybe placed within 0:9 metres (3 feet) of the curb fact parallel to the restaurant with which it is associated; in either case, the sidewalk caf6 must satisfy the City's pedestrian movement criteria. Where a sidewalk caf6 is to extend into the area in front of an abutting prop erty /business, written consent o f the affected property/business owner must b c provided at the time of application. Th sidewalk caf6 may be located at the front or exterior side of a •restaurant use Design: 3 Enclosure The outdoor sidewalk cafo shall be separated from the area of the sidewalk reserved pedestrian movement through the use of decorative for ue farcing planter boXCS/containcrs or similar barriers. Such barriers should be:frea standing, structurally sound and finely fabricated. The height lines y gd and placement of the barriers should ensure that sight The barrier would be cs arc not impeded so that safety is ensured. subject to the requirements of the AGCO if the sidewalk cafe is licensed. Access The sidewalk cafe shall be designed to ensure a minimura emergency evacuation route, in accordance with standards of the Ontario Building Code and/or fire rc ations is available at all times to and from the restaurant urant. In no case shall this route be.1ess than 1.0 metres (3.2 feet). The sidewalk cafe shall not impede any existing banicr -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct p ublic access access to another use in the same on any y acaa�t building. or adversely-impact ad' Seating Capacity A minimum of 1,1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers May be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movers. nt area. Fixed or retractable awniiigs shall be permitted only where an agreement with the City has been obtained. All permitted accessories shall be appropriately mantaitaed at all times by the sidewalk cafe licensee. AB:tc Approvals: SNSIDBwALK1C ENfBRAL6tildelines.wpd -4- Application An application to establish a sidewalk cafe on an o be submitted to Planning and Development Y °f municipal property shall Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall circulated Committee for review and comment pp be cu�$ted to the Site Plan mm nt before entering into an 'agreemart, Notice of application must be posted in a conspicuous position on the front of the 'building welch can be read from the sidewalk. At the discretion of the City, owners/business operators abutting t3' notice of the application may be circulated to P utting the property on either side of the proposed sidewalk cafe for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, operator shall canter into an a FF the owner and/or greemcnt with the Corporation of the City of Niagara Falls concerning, among other things, the lands involved, period of operation, liability nsurance maintenance tY maxntcnancc and restoration and payment of fees for use of space. The sidewalk cafe owner /operator shall agxee to save harmless the City for any matter arisingas a result ofthe sidewalk cafe and its of a certificate of insurance in a form acceptable to the operation byway furni 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 with the City ofl�tiagara balls By -law regarding sch paid in accordance to time. 8 g edule of fees for service as established from time Utilities It will be the responsibility ofthe operator to secure an a fees as may be required by the gas, tel bona h y necessary approvals. and payment g ep hydro, cable companies or similar utility prior to establishing or. operating an outdoor sidewalk cafe. Maintenance The operator will b responsible for all maintenance of the sidewalk c but not limited to, the cleaning of tables and afe including, g d cafe surface. and the pick -up of litter. The operator of the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to uttering into an agreement with the municipality. that at the time of Seasonal Closure All furniture, fixtures and fittings shall b c removed from the teams Ci ro of the season in accordance with ens of the �'p Pc�Y at the end c agrcancnt with the City. Any hooks, bolts, brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures rst in order to ensure arc not in place or by November 1, (whiohever.is f operations pedestrian movczncnt or snow cleaning are not impeded. Hours The outdoor sidewalk cafe shall remain closed during the eriod of 11 :00 p p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business the sidewalk cafe, tY nness taxes assessed Other Regulations The operator of an outdoor sidewalk cafe shall meet the re ati laws of the City ofNiagara Falls, Niagara pails p' ens and by- g ire Department, Regional Municipality of Niagara, Regional Health Department and.Regional Police Force at all times, CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Parts 1, 2 and 3 on Reference Plan 59R -13122 as a public highway, to be known as and to form part of Churchill Street. 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 Lot 160 Township of Stamford being Parts 1, 2 and 3 on Reference Plan 59R 13122, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 1, 2 and 3 on Reference Plan 59R -13122 that are hereby established as a public highway, be known as and form part of Churchill Street. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 11, 2006. September 11, 2006. September 11, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Tony Novacic and Anna Novacic c.o.b. as Sports Beat Bar Grill and William Stevens and Maria Stevens, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Sport Beat Bar Grill located at 5259 Victoria Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated July 17, 2006 and made between Tony Novacic and Anna Novacic c.o.b. as Sports Beat Bar Grill and William Stevens and Maria Stevens as Licensee and The Corporation of the City of Niagara Falls as City, respecting the licencing of a sidewalk cafe in front of 5259 Victoria Avenue, as attached hereto, is hereb y approved roved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 11, 2006. September 11, 2006. September 11, 2006. THIS AGREEMENT made this 17 day of July, 2006. BETWEEN: TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR GRILL Hereinafter called the "Licensee" and WILLIAM STEVENS and MARIA STEVENS Hereinafter called the "Owner" -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; ofthe SECOND PART; of the THIRD PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk along Victoria Avenue for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS William Stevens and Maria Stevens are the owners of 5257 Victoria Avenue more particularly described in Schedule "B" attached hereto (hereinafter referred to as the "Licensee's land which is leased to Tony Novacic and Anna Novacic carrying on business as Sports Beat Bar and Grill; AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1" to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. -2- 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1St, 2006 and shall terminate on October 31', 2011, subject to its earlier termination. 4. The Licensee shall pay a fee of Seven Hundred Eighty -Nine Dollars and Fifty Cents ($789.50) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the l' day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the -3- commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "B" and "C". 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Owner: William Stevens and Maria Stevens 7211 Burbank Crescent Niagara Falls, ON L23 4E7 Telephone: (905) 356 -7978 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other -4- party at the address noted below. (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 Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. -5- 18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, P.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. -6- IN WITNESS WHEREOF the Owner hereto has hereunto set his hand and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporation. In The Presence Of lu40_ odsetzf Name: WILLI:M STE ENS 'ti Name: ANNA NOVACIC Name: MA IA STEVENS Name: TONY NOV I THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk SCHEDULE "A" to an Agreement dated July 17 2006 between TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR AND GRILL and WILLIAM STEVENS and MARIA STEVENS and THE CORPORATION OF THE CITY OF NIAGARA FALLS -7- -8- SCHEDULE "B" to an Agreement dated July 17t 2006 between TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR AND GRILL and WILLIAM STEVENS and MARIA STEVENS and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 40 Plan 307 Niagara Falls; Lot 39 Plan 307 Niagara Falls; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being all of PIN 64341- 0042(LT). -9- SCHEDULE "C" to an Agreement dated July 17 2006 between TONY NOVACIC and ANNA NOVACIC c.o.b. as SPORT BEAT BAR AND GRILL and WILLIAM STEVENS and MARIA STEVENS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara FciIIs Cciiadd SIDEWALK CASE GUIDELINES Planning and Development. Council Approval Sept i ber 12, 1994 t Revised it i'2003 Definitions: Introduction: The information contained in the Sidewalk Cafe Guidelines is intended tar sere c as a g eneral 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 compatibilitywith land uses. The Guide do not replace any requirements of an other agency, lines of Ontario AGCO y g cnc Y' including the Alcohol Gaining Commission Each application are not will be reviewed on its individual merit, particular conditions and considerations based on location and municipal needs. The Council ofthe Corporation. its officers and bound on of the City of Niagara Falls, and bythe information contained in the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk caf6 shall conform to any applicable provisions of the Zoning y -law the Ontario Code, the Eire Code and Site flan Control. g Y ano Outdoor private Cafe means an outdoor area located entirely within the limits of rivate property w p used on a seasonal basis only for tables and/or seating and consumed in con' With meals and/or refreshments are served ,/unction with a restaurant on the same property. Sidewalk Cafe means that portion ofmuuicipat property 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. Seasonai means the six month period from May' 1 to October 31, both inclusive. .17.441 iwr w., iii. Sidewalk Cafe Guidelines tiwil MME ,pt iwM• IOW mar 4,4644 Zoning: A sidewalk caf6 shall be located in a commercial zone where a restaurant is a enmitted use. A sidewalk caf6 must be pant of a restaurant use established in p as dc�ncd i un an existing btuldzug n the Zoning By-law and have a restaurant licence issued by the Corporation of the City f Nia ara Falls. Occupancy and S P Y 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. Y Criteria: -2 Pedestrians 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 may be reduced to 2.4 metres (8 feet) if the sidewalk caf6 is located on a sidewalk that does not have heavypedestrian mac, or increased above 3.0 metres (10 feet) where P pedestrian. volumes are excessive. Sidewalk cafes shall not normall be considered y where the total sidewalk width is 3.9 metres (13.0 feet) or loss. FIGURE 2 PEDESTRIAN MOVEMENT 11:' 47111.14ril j w !t•ti 4 t 4 t 1 4! P IS I a•.. y� 111,411112110111/11 lansinaiiiiiii mi eautima ..1111111E11111111111111EMIMM, 11111111r4th 11111 10111111111110111111_11 v.. '1 Mr 11111111i1E: P:' PIacenxent The placement of a sidewalk cafe will abut the propertywhere the related'restaurant use is located. ,Alternatively, the sidewalk caf6 maybe placed within 0 :9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the City's p ddestrian movement criteria. Where a sidewalk caf6 is to ,extend into the area in front of an abuttingpropertylbusiness, written consent of the affectedproperty/business ownermustbeprovided at the tithe of application. The, sidewalk caf6 may be located at the front or exterior side of a 'restaurant use, 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 boiea/containers or similar barriers. Such barriers should be free standing, structurally sound and f el y fabricated. The height and placement of the barriers should assure that sight line Y The would h s are not impeded so that safety is ensured, u1d be subject to the requirements of the AGCO if the sidewalk cafe is licensed. 3 Access The sidewalk cafe 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 ail times to and from the restaurant. In no case shall this route be. less than 1.0 metres s (3.2 feet). The sidewalk cafe shall not impede any existing barrier -free access to the restaurant The design and placement of a sidewalk cafe should not obstruct ublic access access to another use in the same act building, or adversely-impact on any p building. P y adjacent bwlding. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers May be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, .together with any support mec.hanisms, shall not extend beyond the sidewalk cafe area or encroach into thepedestrianmovement area. Fixed or retractable awnings shallbe ermitted only an agreement with the i has p Y where an-en 8r City been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application An application to establish a sidewalk caf6 on any portion ofnaunicip al property shall be submitted to Planning and Development p g p ent Services, together with necessary and drawings prior to using 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 binding 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 caf6 for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk caf6 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 caf6 owner /operator shall agree to save harmless the City for anyraatter arxsing•as a result ofthe sidewalk caf6 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 Applicationiees, preparation of agreement fees and licence fees shall be paid in* accordance with the City of Niagara Falls By -law regarding schedule of fees for service as established nom 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 caf6, Maintenance The operator will be responsible for all maintenance of the sidewalk caf6 including, but not limited to, the cleaning of tables and caf6 surface. and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty 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 I, (whiehever.is first) in order to ensure pedestrian moveinent *or snow cleaning operations are not impeded. Hours The outdoor sidewalk caf6 shall remain closed during theperiod of 11 :00 p.m. and 8 :00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk caf6. Other Regulations The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws of the City of NiagaraFalls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Health Department and.Regional Police Force at all times. AB :tc SNSIDEVIALZOBITERAL\euidelinesavpd CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with La Parmigiana Restaurant Ltd. c.o.b. as The Love Boat Steak Seafood Restaurant, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of The Love Boat Steak Seafood Restaurant located at 5845 Victoria Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated July 10, 2006 and made between La Parmigiana Restaurant Ltd. c.o.b. as The Love Boat Steak Seafood Restaurant as Licensee and The Corporation of the City of Niagara Falls as City, respecting the licencing of a sidewalk cafe in front of 5845 Victoria Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 11, 2006. Sept -ember 11, 2006. September 11, 2006. THIS AGREEMENT made this 10` day of July, 2006. BETWEEN: LAPARMIGIANA RESTAURANT LTD. c.o.b. as THE LOVE BOAT STEAK SEAFOOD RESTAURANT Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 5845 Victoria Avenue, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1st to October 31' in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. of the FIRST PART; of the SECOND PART; 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence on May 1 S` 2006 and shall terminate on October 31", 2011, subject to its earlier termination. _2_ 4. The Licensee shall pay a fee of Seven Hundred Ninety -Two Dollars and Fifty Cents ($792.50) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the l s` day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. -3- 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules "A", "B" and "C,, 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: (1) LaParmigiana Restaurant Ltd. c.o.b. as The Love Boat Steak Seafood Restaurant 5845 Victoria Avenue Niagara Falls, ON L2E 3L6 Telephone: (905) 356 -2621 The City: The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1 023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (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 -4- 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 Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, .charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach of a direction or request by the City, its officers, and employees to comply with this licence agreement, including the restoration of the City lands after the licence has been terminated, the City may undertake to do anything that will remedy the default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred -5- in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as. joint. IN WITNESS WHEREOF the Licensee 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. LAPARMIGIANA RESTAURANT LTD. c.o.b. as The Love Boat Steak Seafood Restaurant Na g.,C/ 04/4 r&a Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk X 71 SCHEDULE "A" to an Agreement dated July 10` 2006 between LAPARMIGIANA RESTAURANT LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS •R A \J\ r -6- -7- Lot 115 Plan 1 002 Town of Niagara Falls except Part 1 on Reference Plan 59R -6291; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64345- 0069(LT). SCHEDULE "B" to an Agreement dated July 10` 2006 between LAPARMIGIANA RESTAURANT LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS SCHEDULE "C" to an Agreement dated July 10 2006 between LAPARMIGIANA RESTAURANT LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls Ccinacid -8- SIDEWALK CAFE. GUIDELINES P1annin,g and D avelopment Council Approval Sept :tabu 12, 1994 Remised Mar 1'2003 Introduction: The in`f'ormation contained in the Sidewalk Cafe Guidelines is intended to serve as a en guide those wishing to establish a sidewalk cafe on municipal.. g teal gtudc of applications for a sidewalk pr°P�Y and to assist staff in the review walk cafe. The Guidelines establish general provisions which are to be considered to ensure safety, aesthetics and compatibilitywith•adjaccnt land uses. The Guidelines do not replace any requirements of any other agency, including the Alcohol Gaming Comm t sion of Ontario (AGCO). g Bach 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 of Niagara Falls its officers and employees are not hound b the inf y omnat�on contained m the Guidelines, nor are they liable for any reliance placed upon the contents of the Guidelines by any person. The sidewalk cafe shall conform to any applicable provisions of the Zonin g8 By-law, the Ontario Building Code, the Fire Code and Site Plan Control. Y Definitions: Outdoor Private Cafe means an outdoor area located entirely within the limits of rivatc property used on a seasonal basis only or tables and/or seating P Y g where meals and/or refreshments are served and consumed in conjunction with a restaurant on the same property. Sidewalk Cafe mean's that portion ofmunicipal property between the property lint and the travelled portion of a road used on a seasonal basis for tables and/or seating where Meals and/or refreshments arc served and consumed in conjunction with a restaurant. Seasonal means the six month period from May I to October both inclusive. ie t k i .e. w Sidewaik Cafe Guidelines nsir Zoning: Criteria: 2 A sidewalk caf6 shall be located in a commercial zone where a restaurant is a permitted use. A sidewalk caf6 must be, pant 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 of Niagara Falls. Occupancy and parking requirements of the sidewalk caf6- and the related restaurants will be calculated on the= requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. 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 may be reduced to 2.4 metres (8 feet) if the sidewalk caf6 is located on a sidewalk that does not liave heavypedestrian trade, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk caf6s shall not normally be considered where the total sidewalk width is 3.9 metres (13.0 feet).or less. FIGURE 2 PEDESTRIAN MOVEMENT PAIIIIIIIIV101111111 lir vAluniinotimirmimpommut or '311 11111111n r Placement The plaecment of a sidewalk caf6 will abut the prop erty where the related'restaurant use is located. Alternatively, the sidewalk caf6 maybe placed within 0:9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in either case, the sidewalk caf6 must satisfy the City's pidestrian movement criteria. Where a sidewalk caf6 is to extend into the area in -front of an abuttingproperty /business,written consent ofthe affectedproperty/business owner austbeprovided at the tithe of application. Tht sidewalk caf6 may be located at the front or exterior side of a restaurant use. 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 bo ±es/contai aers or similar barriers. Such barriers should befree standing, structurally sound and finely fabricated. The height and placement ofthe barriers should ensure that sight lines are not impeded so that safety is ensured. The barrier would be subject to the requiren ants of the AGCO if the sidewalk cafe is licensed. 3 Access The sidewalk cafe shall be designed to ensure a mum 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 bc.less than 1.0 metros (3.2 feet). The sidewalk cafe shall not impede any misting barrier -free access to the restaurant. The design and placement of a sidewalk cafe should not obstruct public access, access to another use in the same building, or adversely-impact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum stating capacity of the sidewalk cafe. Service Areas Busing stations, service bars, electrical scrviee, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers May be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures; together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into thepedestrianmoveMeaat area. Fixed orretractable awnings shall bepen fitted only where an.encroacbment agreement with the Cityhas beeri obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk cafe licensee. Approvals: Application An application to establish a sidewalk caf6 on anyportion of municipal property shall be submitted to Planning nd Development p P P 8 p Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into a a cement Notice must be posted in a Conspicuous position on g e of nsp p 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 caf6 for comment prior to entering into an agreement. Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shall enter into an agreement with the Corporation of the City of Niagara Falls concerning, among other things, the lands involved, period of operation, liability insurance, maintenance and restoration and payment of fees for use of The sidewalk caf6 owner /operator shall agree to save harmless the City for any matter arising a result of the sidewalk caf6 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 lees, preparation of agreement fees and licence fees shall be paid in accordance with the City of Niagara Falls By -law regarding schedule off= for service as established from time to time. Utlif ties It will be the responsibility ofthe 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 caf6 including, but not limited to, the cleaning of tables and cafe surface and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. .Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end of the season in accordance with the terns of the agreement with the City. Any hooks, bolts, brackets, etc,, installed in the sidewalk shall be removed when the tables and 4.xtures are not in place or by November 1, (wbioheveris first) in order to ensure pedestrian movementor snow cleaning operations are not impeded. Hours The outdoor sidewalk cafe shall remain closed during the period of 11:40 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk caf6. Other Regulations The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws of the City of Niagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Department and.Regional Police Force at all times. AB :ta S IDEwALKNOra .vcuide .,pd A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Louis Petrakis, George Petrakis and Stella Petrakis, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Golden Steer Steak House located at 5077 Centre Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sidewalk Cafe Licence Agreement dated July 27, 2006 and made between Louis Petrakis, George Petrakis and Stella Petrakis as Licensee and The Corporation of the City of Niagara Falls as City, respecting the licencing of a sidewalk cafe in front of 5077 Centre Street, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 11, 2006. September 11, 2006. September 11, 2006. CITY OF NIAGARA FALLS By -law No. 2006 THIS AGREEMENT made this 27t day of July, 2006. BETWEEN: LOUIS PETRAKIS GEORGE PETRAKIS and STELLA PETRAKIS Hereinafter called the "Licensee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the FIRST PART; of the SECOND PART; WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands AND WHEREAS the Licensee is the owner of the adjoining lands municipally known as 5077 Centre Street, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as "the Licensee's lands AND WHEREAS the City has agreed to grant the Licensee permission to occupy. the City lands as a Licensee for such consideration and upon such terms and conditions as hereinafter contained. NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the premises, the mutual covenants and conditions herein contained and for valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The City shall permit the Licensee to occupy and use the City lands from May 1St to October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction with the existing restaurant located on the Licensee's lands. 2. The Licensee acknowledges that it does not have a right to use the City lands, except in accordance with the conditions of the licence herein contained and that it accepts this licence subject to such limitations as herein contained. 3. This licence shall commence May 1St, 2006 and shall terminate on October 31St, 2011, subject to its earlier termination. _2_ 4. The Licensee shall pay a fee of Five Hundred Fifty Dollars and Zero Cents ($550.00) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the City in advance on the 1$` day of May in each and every year during the continuance of the said privilege, the first of such payments being due and payable upon the signing of this Licence. 5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use of the City lands for the purposes of a sidewalk cafe, including its establishment. 6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C 7. The Licensee agrees to assume all liability and obligations for any and all loss, costs, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges, expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way related to the existence of this licence-or anything done or maintained hereunder. 8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability endorsement. 9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to the commencement of this licence in accordance with the notice provisions of this licence and at each insurance renewal date. 10. The Licensee shall comply with all the laws of the federal, provincial, or municipal governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe in accordance with this licence. 11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and shall make no structural changes of any kind whatsoever to the City lands without first giving the City notice of the proposed changes and obtaining the consent of City Council for the proposed changes. 12. The Licensee agrees that no building, structure or fixture other than that required for a sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times maintained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. 13. The following schedules are attached to and form part of this agreement, namely Schedules «B„ and «C" 14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class mail or facsimile transmission to the Licensee and the City as follows: The Licensee: Louis Petrakis George Petrakis Stella Petrakis 5077 Centre Street Niagara Falls, ON L2G 3N8 Telephone: (905) 358 -7744 The City: -3- The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 (1) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (3) -4- (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. The Licensee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other as to its intention to terminate; (b) The City may modify the site area to which the licence applies to upon 30 days notice, in writing, if solely in the City's opinion, continuation of the licence compromises pedestrian safety on the sidewalk, including but not limited to an increase in pedestrian volume, or the City lands is required for any purpose by the City or by any public agency; and (c) Not withstanding any provision in this agreement, in the event of an immediate threat to public safety the City shall have the unrestricted right to modify the site area. 17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails, gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and restore the City lands to its original condition or equivalent with top soil and sod. 18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Licensee by adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427 -5- of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto. 19. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. 20. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes hereby rendered necessary had been and all covenants herein shall be construed to be several as well as joint. IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind the Corporation. In The Presence Of Name: Louis Petrakis e: George etrakis di ame: Stella Petrakis Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk vikt3' THE CORPORATION OF THE CITY OF NIAGARA FALLS 0 SCHEDULE "A" to an Agreement dated July 27 2006 between LOUIS PETRAKIS, GEORGE PETRAKIS and STELLA PETRAKIS and THE CORPORATION OF THE CITY OF NIAGARA FALLS 16' 47' -6- 0" Existing Restaurant Existing Restaurant Entrance Orionplirz z4p-Amii firg OVA #14/4e Existing City Centre St. NOTt OECIC NoT TO QXCGEO t6 ltic+leS Mem SlinI ACK GkAAE yx� 2 y�4 FNY4 City Property Line Proposed Patio dec Steer PoJo Sccle 1".=lO' _7_ SCHEDULE "B" to an Agreement dated JULY 27 2006 between LOUIS PETRAKIS, GEORGE PETRAKIS and STELLA PETRAKIS and THE CORPORATION OF THE CITY OF NIAGARA FALLS Lot 95 Plan No. 291 in the former Town now City of Niagara Falls, in the Regional Municipality of Niagara. Being PIN 64344- 0031(LT). SCHEDULE "C" to an Agreement dated July 27 2006 between LOUIS PETRAKIS, GEORGE PETRAKIS and STELLA PETRAKIS and THE CORPORATION OF THE CITY OF NIAGARA FALLS SIDEWALK CAFE GUIDELINES _g_ TheCit''of Niagara Falls Ccincidd Planning toad DoveIopmonfi. Council Approval September 12, 1994 t Revised M r x'2003. Introduction: The information contained in the Sidewalk Caf6 Guidelines is intended to servo as a eneral guide to those wishing to establish a sidewalk caf6 on municipal property and to g p p pe�y o 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 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 of Niagara Palls, its ofigcers and employees are not bound by the information contained in the Guidelines, nor are the liable for any reliance placed upon the contents of the Gruideliies by any person. Y The sidewalk caf6 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 Cafe means 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 property. Sidewalk Cafe means that portion ofmunicipal property 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 arc served and consumed in conjunction with a restaurant. Seasonal meals tha six month period from May 1 to Ootober both inclusive. motel ,r warm yp. sow. ii... Sidewalk Cafe Guidelines Zoning: Criteria: r 2 A sidewalk caf6 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 and have a restaurant licence issued by the Corporation of the City of Niagara Falls. Occupancy and parking requirements of the sidewalk caf6 and the related restaurants will be calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws where applicable. 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 may be reduced to 2.4 metres (8 feet) if the sidewalk caf6 is located on a sidewalk that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian volumes are excessive. Sidewalk cafEs shall not normally be considered where the total sidewalk width is 3,9 metres (13.0 feet) or less. FIGURE 2 PEDESTRIAN MOVEMENT era ��•'�����i� 10111111111112111111111 P1acenient The placement of a sidewalk caf6 will abut the propertywherc the related`restaurant use is located. Alternatively, the sidewalk caf6 maybe placed within 0:9 metres (3 feet) of the curb face parallel to the restaurant with which it is associated; in tither case, the sidewalk caf6 must satisfy the City's pedestrian movement criteria. Where a sidewalk caf6 is to extend into the area in front of an abutting prop erty /business, written consent of the affected property/business owner must b e provided at the tithe of application. The sidewalk caf6 may be located at the front or exterior side of a restaurant use, 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 bo e or similar barriers. Such barriers should beiree standing, structurally sound and finely The height t 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 caf6 is licensed. Access The sidewalk caf6 shall be designed to ensure a minimum emergency evacuation route, in accordance with ptandards 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 C sidewalk cafe shall not impede anY existing barrier -free access to the restaurant. The design and placement of a sidewalk caf6 should not obstruct public access access to another use in the same building, or adverselyimpact on any adjacent building. Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to determine the maximum seating capacity of the sidewalk caf6. Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting fixtures are not permitted on the public portion of the sidewalk caf6. Decorative garbage containers May bo strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe area or encroach into the pedestrian movemeat area. Fixed or retractable awnings shall be permitted only where an.encroachment agreement with the Cityhas been obtained. All permitted accessories shall be appropriately maintained at all times by the sidewalk caf6 licensee. Approvals: 4 Application An application to establish a sidewalk caf6 on anyportion ofmunici al property e shall be submitted to Planning nd Development p p p 8 Services, together with the necessary fees and drawings prior to using any municipal lands. The completed application shall be circulated to the Site Plan Technical Committee for review and comment before entering into ate= 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 caf6 for comment prior to entering into an agreement, Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or operator shall cuter into an agreement with the Corporation ofthe 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 cafe owner /operator shall agree to save harmless the City for anymatter arising•as a result ofthe sidewalk caf6 and its operation byway of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be responsible for securing fuuniture; fixtures, etc., after hours. Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance with the City of Niagara Falls By -law regarding schedule of fees for service as established from time to time. Utilities It will be the responsibility ofthe operator to secure anynecessary 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 caf6. Maintenance The operator will be responsible for all maintenance of the sidewalk caf6 including, but not limited to, the cleaning of tables and caf6 surface. and the pick -up of litter. The operator of the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of entering into an agreement with the municipality. Seasonal Closure All furniture, fixtures tures and fittings shall be removed from Cityprope ty 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 caf6 shall remain closed during the period of 11 :00 p.m. and 8:00 a.m. the following day. Taxes The operator shall be responsible for payment of all realty and business taxes assessed against the sidewalk caf6. Other Regulations The operator of an outdoor sidewalk caf6 shall meet the regulations and by- laws of the City of Niagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara, Regional Department and.Regional Police Force at all times. AB:tc S:I SIDBWAI .X.1C}EINERA■QuidelineL.wpd THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2006 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Heavy Vehicle Restriction) 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 adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Rosedale Drive at Slater Avenue Westbound on Rosedale Avenue Houck Drive at Slater Avenue Eastbound on Houck Drive Ascot Circle at Sabine Drive (East Intersection) Eastbound on Ascot Circle Ascot Circle at Sabine Drive (East Intersection) Westbound on Ascot Circle (2) By deleting from the specified column of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMESMAYS Ontario Avenue /Palmer Avenue Bender Street and Queen Street Anytime inc. "No Buses" "lip to $S Jnn fine" (3) Ontario Avenue Palmer Avenue By adding to the specified columns of Schedule S thereto the following items: First Reading: September 11, 2006 Second Reading: September 11, 2006 Third Reading: September 11, 2006 HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN T1MESIDAYS Simcoe Street and Queen Street Anytime inc. "No Buses" "up to ss,nnn fine" Simcoe Street and Bender Street Anytime inc. "No Buses" "up to $5,000 fine" This By -law shall come into force when the appropriate signs are installed. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2006 A by -law to provide for advance voting prior to voting day for the 2006 Municipal Election. WHEREAS Section 43 (1) of the Municipal Elections Act, S.D. 1996 provides that a municipal p council shall pass a by -law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; and WHEREAS voting day for the 2006 Municipal Election is November 13, 2006. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Advanced votes shall be held on the 25t day of October, 2006 and on the 4th day of November, 2006, between the hours of 10:00 a.m. and 8:00 p.m., at the Optimist Club of Niagara Falls, 4709 Dorchester Road, Niagara Falls. 2. Additional advanced votes will be held on the 30t and 31' of October, 2006 between the hours of 7:00 a.m and 4:00 p.m., and on the 1St 2nd, and 3 of November, 2006, between the hours of 10:00 a.m. and 8:00 p.m. at the MacBain Community Centre, 7150 Montrose Road, Niagara Falls. Passed this eleventh day of September 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 11 2006. September 11 2006. September 11 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to set fees and charges for additional :election materials. WHEREAS section 391 (1) of the Municipal Act, 2001 allows a municipality to impose fees and charges on any class of persons for services and activities provided by the municipality; and WHEREAS during the Municipal Election, candidates are provided a copy of various materials free of charge to assist with their campaign; and WHEREAS if a candidate wants additional copies of various election materials, they should y pay a fee to offset the to the municipality to produce the additional copy of the election material and WHEREAS the list of materials provided free of charge is contained in the Municipal Election General Policies and Procedures document provided to all candidates. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the fees and charges for additional materials for candidates in the Municipal election imposed P are hereby mposed as set out in Schedule "A" attached to this by -law and are in force and effect unless otherwise amended by by -law. 2. This By -law shall come into full force and effect immediately upon its passage. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: September 11, 2006. Second Reading: September 11, 2006. Third Reading: September 11, 2006. 1. Hard copy of the voters' list 2. Electronic copy of the voters' list 3. Poll maps 4. Street index 5. 2003 poll by poll results 6. List of voting places 7. Copy of the Clerk's official declaration of Election results Schedule "A" $250.00 for each printed copy No charge $15.00 for each printed copy $15.00 per book $1 5.00 per book $0.50 per page $0.50 per page. CITY OF NIAGARA FALLS By-law No. 2006 A by -law to authorize the use of optical scanning vote tabulators at the regularly scheduled 2006 Municipal Elections. WHEREAS Section 42 of the Municipal Elections Act, 1996 provides that the council of a municipality may, by by-law, authorize the use of optical scanning vote tabulators: for the purpose of counting votes at municipal elections; AND WHEREAS the council of the Corporation of the City of Niagara Falls considers it desirable to pass such a by -law: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In place of using separate ballot papers for each race pursuant to the Municipal Elections Act, as amended, optical scanning vote tabulators are hereby authorized to be used at all elections governed by the Municipal Elections Act, as amended, for the purposes of composite ballot voting and the counting of votes. 2. Sections 43 (advance votes) and 44 (voting proxies) of the Municipal Elections Act continue to apply for the purposes of conducting the municipal elections. 3. This by -law is effective for the 2006 regular municipal election. 4. This by -law shall come into full force and take effect as of the date of its passing. S. That By -Law 2003 -145 is hereby repealed. Passed this eleventh day of September, 2006 DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third. Reading: September 11, 2 006 September 11, 2006. September 11, 2006. A by -law to authorize the execution of an Agreement withThe Niagara Parks Commission respecting the hosting of the FireFit Championships competition in Niagara Falls on September 14 to 17, 2006. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement in the form attached as Schedule "A" to this by -law between The Niagara Parks Commission and The Corporation of the City of Niagara Falls respecting the hosting of the FireFit Championships competition in Niagara Falls on September 14 to 17, 2006, 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 September, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 11, 2006 September 11, 2006 September 1 1, 2006 CITY OF NIAGARA FALLS By -law No. 2006 Passed this eleventh day of September 2006. DEAN IORFIDA, CITY CLERK R. T. (TED)- SALCI, MAYOR By -law No. 2006 A by -law to authorize the payment of $23,199,844.39 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning August 2, 2006 to August 29, 2006. First Reading: Second Reading: Third Reading: September 11, 2006 September 11, 2006 September 11, 2006 CITY OF NIAGARA FALLS THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2006- A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction) 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 adding to the specified columns of Schedule S thereto the following items: COLUMN 1 HIGHWAY HEAVY VEHICLE RESTRICTION Bampf eld Street Eastwood Crescent COLUMN 2 BETWEEN Ontario Avenue/Palmer Avenue Bender Street and Queen Street Palmer Avenue and River Road Palmer Avenue and River Road COLUMN 3 TIMESIDAYS Anytime inc. "No Buses" "up to Anytime inc. "No Buses" "up to $5000 fine" Anytime inc. "No Buses" "up to $5000 fine" Barker Street Drummond Road and Franklin Avenue Anytime inc. "No Buses" "up to $5000 fine" This By -law shall come into force when the appropriate signs are installed. Passed this eleventh day of September, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: September 11, 2006 Second Reading: September 11, 2006 Third Reading: September 11, 2006 Passed this eleventh day of September, 2006. First Reading: Second Reading: Third Reading: September 11, 2006. September 11, 2006. September 11, 2006. CITY OF NIAGARA FALLS By -Iaw No. 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of September, 2006. 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 11t day of September, 2006 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 p 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 ofNiagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR