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2006/10/16 (2) Community Services Department MW-2006..122 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) 356w7521 Fax: (905) 356w2354 Ewmail: edujlovi@city.niagarafalls.on.ca October 16, 2006 Alderman Selina V olpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-122 Proposed Licence of Land for Temporary Use and Access Parkside Rd. - Extension Through Hydro Corridor RECOMMENDATION: It is recommended that the City of Niagara Falls enter into a licence Agreement with the Ontario Realty Corporation. BACKGROUND: The City of Niagara Falls is currently considering the terms and conditions of an Agreement of Purchase/Sale (see By-law No. 2006-186 listed on the Council agenda) to purchase the property from Hydro One Networks Inc. (via the Ontario Realty Corporation) for the future extension of Parks ide Road. The property will provide a major link between the Gamer Estates Plans of Subdivision and the future Deerfield Estates Plan of Subdivision for access and municipal servicing. Pre-servicing of the Deerfield Estates Plan of Subdivision is well underway however the extension of services beyond the Plan limits has been restricted until the property ownership/transfer for the portion of Parkside Road. crossing the Hydro Corridor is secured. In order to complete the servicing in a timely manner before the onset of colder weather, the developer (River Realty) has requested that the City take appropriate steps to secure rights to access the subj ect property as soon as possible. This can be achieved by entering into a licencing Agreement with Ontario Realty Corporation which will effectively allow the developer to continue with the necessary construction while the property transaction is being completed over the next three months. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services r October 16, 2006 -2- MW -2006-122 The developer has agreed to assume all risks, liabilities and administrative costs associated with the execution of this Agreement. . Given the circumstances and the mutual benefit derived from the proposed Licence Agreement, it is recommended that Council consider adoption of this recommendation. " Prepared by: GeoffHolman, C.E.T. J oIm MacDonald Manager of Development Chief Administrative Offic --- Reviewed By: ~ Ed Dujlovic, P . Eng. Director of Municipal Works S;\REPORTS\2006 Reports\MW-2006-122 - Parkside Rd Licence Agreement.wpd ~--- Community Services Department R-2006-30 Parks, Recreation & Culture Denyse Morrissey 431 0 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) 356-7404 E-mail: dmorrissey@niagarafalls.ca October 16, 2006 Alderman Selina V olpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2006-30 - Chippawa Riverhawks Hockey Club - Request For Financial Consideration RECOMMENDATION: That Council approve the request of the Chippawa Riverhawks Jr. C Hockey Club to be given financial consideration for their past contribution to capital improvements at the Chippawa- Willoughby Arena and to have that consideration applied to their outstanding balance for ice rental currently owed to the City. BACKGROUND: The Chippawa Riverhawks Jr. C Hockey Club is a locally based hockey team in the Ontario Hockey Associations's (OHA) Niagara District Junior C Hockey League East Division. The team is operated by the Chippawa Amateur Athletic Association which is a nonprofit organization and has been operating in the community for many years. The team provides continuing opportunities to playa higher level of hockey for local boys between the ages of 16 and 20. The Club has recently made a request (attached request dated October 4, 2006) to receive financial support from the City in the form of a one time consideration for monies the Club has expended to improve City facilities. Specifically, the Club has, at its own expense, paid for several capital upgrades in the Chippawa- Willoughby Arena over the past several years. These upgrades included the following: Working Together to Serve Our Community Municipal Works · Fire SelVices · Parks, Recreation & Culture · Business Development · Building & By-Law SelVices October 16, 2006 - 2 - R-2006-30 . Spectator Tube Radiant Heating System; . Players Bench and Dressing Room Upgrades; . Executive Offices; . Press Box. The Club has estimated in their request that the improvements had cost them $67,500.00. The Club has noted that in the past, the City has entered into cost sharing arrangements with a variety of recreation user groups to provide enhanced facilities throughout the City. At the time that the above- noted improvements were made, this consideration was not offered to the Jr. C Club. The Club is now proposing the same consideration be given to its organization and is requesting that the City accept a cost-sharing arrangement that would see the City as partners in these past improvements. Although the Club has engaged in these improvements primarily for its own benefit, these benefits have enhanced the City facility and have been utilized by all users. The Club has requested a consideration in the amount of$22,500 for these improvements. It has been verified that all of these capital improvements have been made at the sole expense of the Club and that the improvements are in excess of the amount being requested. The ChippawaRiverhawks Hockey Club currently has an amount of$18,530.10 in outstanding ice rental owing to the City from 2005 to the present. This amount includes GST and Service Charges. The Club has indicated in its attached correspondence that should its request for a one-time grant from Council be approved, the Club would immediately apply these monies to the payment of its outstanding ice rental balance. The Finance Department has reviewed the request and has advised that should Council approve this one-time request, it would be in the form of a grant to be applied to the 2006 Operating Budget. Prepared by: Respectfully Submitted: k //lJ~ S ephen Hamilton John MacDonald Manager of Recreation Facilities Chief Administrative Officer and Community Development Recommended by: 11~ H1o'~J Denyse Morrissey Director of Parks, Recreation & Culture SH/das Attachment S:\Council\Council 2006\R-2006-30 - Chippawa Riverhawks .wpd Chippawa RiverHawks Jr. C Hockey Club 6327 Stamford Green Drive Niagara Falls, ON L2J 115 October 4, 2006 Ms. Selina Vol patti Chair, Community Services Committee City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Ms. Volpatti: This letter serves as a summary of our many discussions with City Parks, Recreation and Culture as well as Administrative staff over the course of the past year. The Chippawa RiverHawks Jr. C Hockey Club is a locally- based franchise for 16 to 20 year old youths operated by the non-profit Chippawa Amateur Athletic Association. The team participates in the Ontario Hockey Association's (OHA) Niagara District Junior C Hockey League East Division. The Chippawa team has a long and proud history in the City and in fact was the All-Ontario Champion in 2001. The purpose of this correspondence is to seek the City's financial support in a shared fashion for numerous capital improvements undertaken by the Club at the City-owned facility known as the Chippawa- Willoughby Memorial Arena. Over the past 3 to 4 years the Club undertook from its own resources, and with the consent of the City, a number of improvements needed by both the Club and the City. Items included the installation of a Spectator Tube Radiant Heating System ($7500), Players Bench and Dressing Room upgrades ($12,000), construction of Executive Offices ($23,000) and construction of a new Press Box ($25,000) for a total cost of $67,500. As these items are available for general public usage it would seem fair to engage in a cost-sharing approach not unlike arrangements utilized in past with other minor sports groups including soccer, baseball, etc. While it would have been expedient to request prior approval for this financial assistance it has nevertheless created a financial burden upon this not-for-profit community group. As such, the Club is respectfully requesting a cost-sharing arrangement based upon one-third City portion ($22,500) and two-thirds RiverHawks portion ($45,000). Additionally, the Club will commit to concurrently bring its ice time obligations with the City totally up to date. The RiverHawks have enjoyed an excellent relationship with the City and its arena staff for many years and it is our sincere hope to continue to provide opportunities for our local young players as well as great entertainment value for our many local fans for years to come. We thank you for your consideration of our request and look forward to your favourable response. Should you have any additional questions please do not hesitate to contact the undersigned. Yours truly, Mick Wolfe Chief Operating Officer .__~ .It_.......~- . ~ Planning 1 ...... Scsnnad /' l J' FiI.:~ Joseph Tavano ~'I<'lI1Ur<.._:l NIAG. FALLS CLERKS :1'06 092114::31 5742 Main Street Niagara Falls, Ontal10 L2G 5Z5 905 358-3332 Office 905 295-5333 Home joseph. tavano(@3\veb.net September 25, 2006 ';..7!It":iiiA"'&;"~~_,... ~;~"/ED lV1r. Doug Darbyson ~# r,~ 11irector of Planning and Development , .-, 'fow;06 . ::~: I,~'~ . City Hall '- '" _l.!i. 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: Property address: 5742 Main Street., Niagara Falls (south-east comer of Main and Summer streets). Requesting to be excluded from the Historic Drummondville CIP Dear !\.fr. Darbyson: The efforts of the City of Niagara Falls are commendable in an attempt to redevelop the Main and Ferry business area through the Historic Drurnmondville ClF. However, it is felt that the proposed area that it encompasses is not a homogeneous business area and should not be treated as such. I wish to state my objection to this property's inclusion in this CIP. This objection is based on location and land use. This property lies in the northern most edge of the current Main and F eny BIA and is highlighted in the enclosed map. The current use of this property is a chiropractic office and apartments. As such it has more in common with the residential unshaded areas of the enclosed map than most of the shaded areas of the proposed CIF. In 1989 the older house on this property was demolished and this new building replaced it. At that time the Niagara Falls Building and Planning Departments stressed that any new building "should conform to the existing residential character of the neighbourhood". This made good sense, for my business relies more on the residential nature of the area than the commercial areas to the south, west and east. In 1998 an objection was made with the designation of this property as a business improvement area. Included are photocopies of that objection, the OI\1B acceptance of that objection, the Main and Feny BIA agreement on withdrawal of my objection and my withdrawal of that objection based on that agreement. Consequently, it has been stated by City Hall and the Main and Feny BIA that this property is outside of the Main and Feny business area, and has more in common with the existing residential neighbourhood than the commercial areas to the south, \-vest and east. , -2- The nature of the use of this property does not match the nature of the development proposed by the CIP. Tourist traffic, foot traffic and window shoppers are of no benefit to the current use of this property. In fact, increased traffic (automobile and foot) may aggravate the parking situation and increase noise levels. The older commercial areas along along Ferry street, Lundy's Lane and Main street (south of this property) are mostly adjoining storefronts whose doors open directly onto the public sidewalk. These businesses have the most to gain from this designation. This property does not have an adjoining storefront or a door that opens directly onto the public sidewalk. To the south of this property is National Grocer's Cash and Cany which is not open to the public and its front door is more than 150 feet a,vay from ours. Going south the closest commercial establishment open to the public is a variety store about 300 feet away. North of us (across Summer street) is a residence whose front door is 80 feet away. The closest commercial establishments going north are a dentist office and plastic surgeon, approximately 250 feet away. The CIP's plan to act as a hub between the Fallsview area (south), Lundy's Lane (west) and Victoria area (east) will not affect this property. There is no tourist destination or nearby shopping district when one goes north. Consequently, it is felt that this property on the northern edge of the CIP area will in fact be essentially a blind alley, and will not benefit from this designation. Please keep me notified of the adoption of the CIP if it remains relevant to this property. Thank you for presenting my objection. Sincerely yours, ~.~ j/J . O~ Joseph Tavano , . . .~ I ~ ..... (1 ~ "\1 ~ f"'-.. (") \ @, ct;UJ1: n II ~"".:tf~~~ !iD~~( .' (j<" '1'" .1::1..... .-l.\ULJlEmI1E - ~.... 'l ","W+'" ~-i>i:;':i;~t'i, "';ff'~;~,.' lIT'(~ '=1LJ ~" ' ,~^.... ~: -...... .....' .., ", I c::: ,~:., ' L....J.:~c "". ' g.., :t_ 05, .. <<'. p. .....-,.. 0,.;.... i"~':~ _~, ' . ~s ". .' '3. t/ ;E ff. . . I r:f'liJ;;.~;';. ~.. t= .'~~'t . .:, . ~", '=~.. k .'. .' : -. .. ".., '. ....,. ..~' ~.=, ft'" .~ "".1 '. .,.: , ". .... 1t. r::t r-:1:\' :::~t',; . . ~"""'. - ': . .. .i1'Ul7lJlil ' .' .. .,-, " , ii)' ~ 1~\ <!., f1 : 1 ' ~ . . ~. ii i~,Y , ___ . ~.. , .. ~'~f ~ '"..,... " , ..' ' I '-I (' .< "",:,},C"'''''''' , .... '."'-'~"" ". ~ ."., . . ~ ~ ,. '.,' . . .' ~., ',., ..( ~ t~L;) " i r;.' i . :.::.',." , .^ .' ,::::::1> ':" ~: ' '. .....'".. ~ r""'" rm: .... ",' . ,,' . . ,.,....: . ',!';l,.,..,' - ':mj~tJ :U' ;~'I,..t;l' '.' . - "1..- . 11 - .J ' :. ~~~ii.<iFt ~.'..~:J .: ..':J' . ,. . - ~,:'!>~:r .~..' ',: . '.' ,. .... ,.,,:. · ,J, ~,.."",. ] '.If ,." ~ T"." rIU.I;t 1, ~h ",+ ' ',' r-.' :,',',:',.,." ' :.J :i":' ,1':-" r', ~1::'li : ~"', "''''''''7''''' '.~ :':,:rJ:':',I'l :,: i ~ .'~ ~. '; ,',:,,~ ~I"'t.~' j___ :~ ;,.' ' . C:'. ~ ~,'( "f. \'.c '",.,.. .' '~:ifltLJ 1 PI':t'U1l': '.: ''lR: 11: '7 1 kin:'" .. ," ...., " .' ~ c-;c'l..l:U;B .1 l'H<t.;l),tti ',' ,,~'.:" ~nr:i:' " ..--. I, !, ~< i/' ". :; ',., .....JJ] ,~;.~L .'; .'~..::..': l~!, . ~, }::.. ~.I.- .Iilt lnl"! ~, . Ii,.", .... '..~i.""I."'..'--,,' "".:,.-. ' ' ,"" ",:' ,ll ''11,1' S . ,:\t!ll. Lc , ' ,-,;.' '. - '. '. ..' ~}.~. - - ',' 'f"" "':""~'1!!": ..""...., '.' .',. _~_1 "11. J... ."~' "'l' '\''':~'-l~;~'rB~~.:.tJ.,:,p,',',:,::::....~. 'c;~ ~: . . ',.... '.." ~ . ... '. '.,' .. ," '" L " , J 1 '1, . . '.... , ;',~:':~-,--'~'. . <'i-i.,::,.. .', '. ,"" ..... .~. c.. · ..', . .....~.- I' ',~!'.. .. " : .....: ,.~.~I1IT~H 11hll H' 11 'illll '; llInm-l~t:;:lY~'F"'~ 1 ~a' '.. ..' ", I' " . .. " , , . . . . . ':.;;.....~~~~~ '.n. C'~PJr:J~~U~1~~it~.n~7l\:rt:t~lr-t: _ .I~~,.i Il;_~~ . . . ,Joseph Tavano 5742 Main Street NiagaJ:a Falls, Ont.ario L2G 525 (905) 358-3.332 E.C. \,vagg C~.M.O. September .~ ...-. 1998 .!.,,L t Clerk's Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6XS Re: Notlce -.... object.ion to desIgna.ting a property as a U.L 'Business Improvement Area' . The above property lS located on the S.E. corner of Main and Summer street. It is adjacent to approximately 300' of 'National Grocersl parking lot and across the street for 250' is a residential area. North of this property consists mostLy residential and some doctors? offices. To the Members at the City Council: Dear Sirs: The above property may be designated in the Main and Ferry business area, but it has never enjoyed the benefits of the Main and' Ferry business areas. Please note the following: 1. The summer hanging flower baskets and Christmas decorations on light standards end approximately 250' south of this property. 2 . Light standards in the 'Main and Ferry Business Area' are on both sides of the street. These change to one side of the street at about 400' south of this property. This in conjunction with the unlit 'N.G. I parking 1 at makes it quite dark at night. ~ The City provides trash cans along the Main and Ferry --' . business areas. The closest City trash can to this property is located at the corner of Main and Ferry street. 4. The City employs a person to sweep the Hain and Ferry sidewalks. This sweeping has never reached this property. 5 . In the winter the City salts the sidewalks and cleans the snow from some of the bustops on Main Street. Salting seldom reaches this property and snow has never been removed from the bustop at the corner of .Main and Summer street. Consequently, .... is felt that this designation, although 11.- motivated with good intention, will not benefit this property. This is based on the existing fact that this property lies on the outskirts the Main and Ferry Business areas and has always been treated as such. Yours truly, ~ ~~,~ Joseph Tavano ~------- .... ~ Ontario Commission des ~ Municipal affaires municipales Board de l'Ontario 655 Bay St Suite 1500 655 rue Bay Bureau 1500 ~ Toronto ON M5G 1 E5 Toronto ON M5G 1 E5 Ontario Tel (416) 326-6800 Tel (416) 326-6800 Fax (416) 326-5370 Telec (416) 326-5370 November 13, 1998 Mr. E. C. Wagg, C.M.O. City Clerk - Clerks Department The City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON LLt: 6X5 Dear Mr. Wagg: Re: O.M.B. Case Numbers: PL981018 O.M.B. File Numbers: M980074 RE: Main & Ferry Business Improvement Area - By-Law No. 98-225 The Board acknowledges receipt of the above referenced matter. In communicating with the Board, please quote the case and file numbers. This case will be assigned the earliest available hearing date. All parties are therefore advised that they should be prepared to proceed to a hearing at any time. In order to avoid loss of hearing time, hearing da~es once scheduled are firm unless adjourned by the Board. Adjournments will not be granted except in the most serious circumstances, and with consent of all parties and/or the apprOVEd of the Board. . All parties must attend at the scheduled start time of the hearing, irrespective of the number of days scheduled. Failure to attend at the opening of the hearing may preclude your being heard bV the Board. The caseworker responsible for this file is Mavis Black. If you have any questions regarding this case, please . contact her at (416) 326-6785. For general information concerning the Boards policies or procedures you may also contact the Board's Information office at (416) 326-6800. Yours truly, Jti8JU?\f)A~ Gina Bernardes Administrative Clerk cc: Joseph Tavano ~~---- -~ ~-~-- -~-~---~- . MAIN & FERRY BUSINESS IMPROVEMENT ASSOCIATION ......................................................................... c/o 5924 Main Street Niagara Falls, Ontario, L2G 5Z8 November 20, 1998 Dr. Joseph Tavano, 5742 Main Street, Niagara Falls Dear Dr. Tavano, As a direct result of our conversation earlier this week, with regard to the boundaries of the Main & Ferry BrA, the board members have discussed the situation. We have agreed that, you are in a very unique circumstance, particularly regarding your location at the northern most edge of the BIA boundary on Main Street. In view of this, we have agreed to reimburse you for the BIA levy that you pay directly to the City of Niagara Falls, commencing with the 1998 taxation year. This agreement will remain in effect until the official plan is redrawn and exempts or excludes your property from the Main & Ferry BIA. Sincerely, ~ - ... .... obert Mulle Sante Sticca Co-Chairman, Co-Chairman Main & Ferry BIA Main & Ferry BIA \ .. . Joseph Tavano 574:2 Main Street Niagara Falls. Ontario L2G c:ryc: -.J '-" ...! ( 90 ~I ) 358--3332 DecembeL 9 ! 1998 Naiil & Ferry Business Improvement Association H1' . .J ef t Horgan 5924 Nain SL:.reet Nlagala Fallsf Ontario L2G 5Z8 Re: Hithdrawal ~ objection to designating a property as a OJ. 'Business Improvement Ar ea f . Property: 5742 Main Street. Main & Ferry Business Improvement Area By-Law No. 98-225 O.M.B. Case No. PL981018 O.M.B. File No. M980074 Dear Mr. Morgan and lv1embers or the Main &. Ferry Business Improvement Association: As a resul t of Ollr agreement of November 20f 1998, I wish to withdraw my letter of objection, dated September 12, 1998, in respect to designating the above property as a 'Business Improvement Area'. I trust you will notify Mr. E.C. Wagg, the City Clerk, about thi.s matter. Thankyou. Yours truly, ---: ;f -',"'" .k7hi;?~ if'" /~ .... ~... ~ ~oseph Tavano I BusINEssIMPROVEMENTAREA 6062 MAIN ST. NIAGARA FALLS, ONT. L2G 5Z9 Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 RE: Historic Drummondville Community Improvement Plan, October 16, 2006 Dear Mr. Iorfida: On behalf of the Main and Ferry Business Improvement Area (BIA), I would like to thank City Council for partnering with us and committing their leadership to revitalizing this significant heritage and commercial district of our community. The Main and Ferry area (Historic Drummondville) was once a prosperous commercial district. However, over the last 30 years Historical Drummondville has experienced an economic decline. Vacancy rate in this commercial district remains high and there is also a high percentage of marginal retail uses operating in this area. The economic decline in this area is evident by physical deterioration of commercial buildings storefronts and properties. This economic and physical decline has been accompanied, in recent years, by a relatively high proportion of certain criminal activity in the area. Niagara Regional Police Services has been stepping up their patrols and zero tolerance on drugs. The businesses and the residents wish to express our appreciation to NRP and to Niagara Falls Fire Services, the watch is working. We have started, but we have a long way to go in our partnership with all of our stakeholders to revitalize the area, the eIP is a guide for all of us. Main & Ferry district is strategically located adjacent to thriving tourism districts in the community. We support other districts in the city to grow, but now it is time for the City's leadership to redevelop forgotten streets in our community. The Main & Ferry district leads into the Fallsview, Lundy's Lane and Victoria tourism districts. The CIP's identifies opportunities to complement the other districts, without competing with them. The heritage district will help foster the plans to celebrate the 1812-2014 Bicentennial. This will provide us all with a goal to have significant revitalization in 6 years time to welcome visitors from across Canada, United States and from around the world. The BIA and residents across the city have expressed their comments on the dead end block barricade from Fallsview to Main Street. This has resulted in a bottoming-out of attracting tourists to the districts. While we all recognize that retail business trends have changed over the generations what has not changed is the significant history of Historic Drummondville. The district is comprised of small businesses, many family-operated/owned businesses that on their own can change the district and who have also contemplated on closing up shop and relocating. This last two years working with the city, Regional Police Services, Fire Services and our neighbouring businesses and residents has been rewarding in seeing a renewed hope to revitalize the district. It was at this point two years ago when a rejuvenated B.LA. took action. Our small business community invested with the city to develop a Community Improvement plan for the Main and Ferry area. Throughout these two years a significant amount of time, money and energy has been invested to bring us to a well researched, comprehensive Community Improvement Plan that makes sense to guide our area through revitalization. Weare encouraged by City Councils positive role in looking at the entire city and addressing the needs within each area, such as the downtown, recreational facilities and the many roads and sewers that require attention. The Main and Ferry B.LA. is not asking for a large outflow of dollars but rather the leadership to move forward with this plan and adopt the plan to send it off to the Province for approval. We know this area did not get into this state overnight and we also realize it will take years and leadership commitment to revitalize this area. There are many reasons for the Main and Ferry area to be revitalized. 1) Key Location: Historic Drummondville is located centrally located with the mid-way crossroads to all areas of the city. Main Street view of the Falls from the Fallsview Tourism District, between Lundy's Lane and Clifton Hill. Ferry Street and Main Street are common routes for residents traveling throughout the city for their supplies and services, in particular for those Chippawa residents, routes to the hospital, groceries etc. 2) Heritage District: This area has significant historical aspects. The Battlefied ground from the war of 1812-1814, the underground railroad, historic Portage Road. Plans are already underway for the 1812-2014 Bicentennial celebrations, what will our legacy leave behind its community in 2012. 3) Farmers Market: Although struggling to survive, it is a long standing market for the residents of Niagara Falls and the exciting vision to see the Lundy's Lane Museum grow and the "Vintages Market District" to create an opportunity to attract private sector, government and cultural growth in the community. 4) Medical area: Greater Niagara General Hospital is located in this area along with other medical doctors and other health professional services. 5) Infrastructure: The Main and Ferry area is fully serviced with water and sewer services and the condition of roads in the area is good. The area is well served and connected by public transit to most parts of the City. Free parking is available in three centrally located municipal parking lots. 6) Crime prevention commitment by government & private sector. 7) Deteriorating residential area: The residential area to the east side of Main and Ferry is in need of repair and facades of commercial buildings to attract more family residents/customers instead of the undesirable uses such as "crack houses" . The Main and Ferry Business Improvement Association have committed their endorsement of the Community Improvement Plan. We are all talking an immeasurable risk if we do not move forward. Ifwe do nothing, further decay, increased crime rates, loss of businesses and deterioration of the district will be the legacy instead of Historic Revitalization for Main & Ferry. Thank you for providing our small business voice to be heard. Our Portage Road (Main and Ferry) has been our road to our past and with your support let it be our road to our future. Ruth Ann Nieuwesteeg Chair of Main and Ferry BIA Clerk's Department Inter-DeDartmental Memorandum ~ To: Mayor Ted Sa1ci Date: October 16, 2006 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Request to Set Off Fireworks on Guy Fawkes Night RECOMMENDATION: For the consideration of Council. Municipal By-law 70-86 is known as a by-law respecting the sale and setting off of fireworks in the City of Niagara Falls. The by-law states the following: 6. (1) No person shall within the City of Niagara Falls set off any firework on any day during the year except (1) on Victoria Day and Dominion Day and the three days preceding each ofsuch days and (2) on the 4th day of July. (b) This section shall not apply to the setting off of fireworks at a fireworks display for which a permit has been issued in accordance with the provisions of this by-law. 7. No person shall sett off any firework in any highway, street, alley, park or other public place in the City of Niagara Falls unless specifically authorized to do so by resolution of the City Council. In keeping with the by-law, you will note the request already on the agenda from the Winter Festival of Lights for the fireworks related to their annual event. Attached is a request from Mr. & Mrs. Attree, local residents, who wish to set off fireworks at their residence in celebration of Guy Fawkes Night, a well-known British holiday. Fire Chief Pat Burke has provided comments which are attached. Council's consideration of the request is respectfully sought. ~ .. , W orkil1fJ TOfJetber to Serve Our Commul1it~ ------ .-- NIRG. FALLS CLERKS '06100410:12 Mr. & Mrs. Attree 7857 Beaverdams Road Niagara Falls, Ontario L2H1R6 October 4, 2006 Clerk of the Corporation of the City of Niagara Falls Niagara Falls City Hall Ontario Dear Sir or Madam: RE: A CONSOLIDATED BY-LAW Being By-law No. 70-86 as amended by: By-law 73-104, By-law 73-198, By-law 81-65, By-law 88-321 and By-law 91-10: A by-law respecting the sale and setting off of fireworks in the City of Niagara Falls. In accordance with the provisions of said by-law, please accept this letter as our application to obtain a Permit to hold a private fireworks display outside of the standard provisos that are laid under Section 6 ~(1). We make application to hold this event on Sunday, November the 5th 2006. This is a rather special event to us, being of British origin, as the 5th of November allows us to celebrate the ceremonial effigy-burning of one Guy Fawkes. The origin of this celebration stems from events which took place in 1605 and was a conspiracy known as "The Gunpowder Plot," intended to take place on November 5th of that year (the day set for the opening of Parliament). The object of The Gunpowder Plot was to blow up Engli,sh Parliament along with the ruling monarch, King James 1. Also known as "Firework Night" and "Bonfire Night," November 5th was designated by King James I (via an Act of Parliament) as a day of thanksgiving for "the joyful day of deliverance." This Act remained in force until 1859. Guy Fawkes Night is not solely a British celebration. The tradition was also established in the British colonies by the early American settlers and actively pursued in the New England States under the name of "Pope Day" as late as the Eighteenth Century. Today, the celebration of Guy Fawkes and his failed plot remains a tradition in such places as Newfoundland (Canada) and some areas of New Zealand, in addition to the British Isles. As in the same manner as we are permitted to have the use of fireworks on Victoria Day, Dominion Day (Canada Day) and American Independence Day - we would like to hold this private event within the confines of our property in Beaverdams Road, Niagara Falls. Again, as in the same manner, we would like to nominate either Mr. Darren Attree or Mrs. Alexandria Attree, of the above address, as the persons who is or are to discharge the display. We are both peaceful, law-abiding citizens and our degree of qualification extends to always observing local, Provincial and Federal law in the handling, safe- keeping and discharge of such items. Our level of experience is over 7 years of being able to participate in said activities without any accident of injury of any discription With this all said, we subsequently agree to any conditions as may be designated in the resolution of the City Council to obtain such a Permit. This document has been prepared with respect to Section 13 ~(1)& (2). Thank you for your time and consideration of our application. Mr. & Mrs. Attree From: Dean lorfida Subject: Re: Fwd: Fireworks >>> Patrick Burke 10/13/2006 11 :34:31 AM >>> Hi Dean: The objection I would have is a general one. There have been some significant tragedies across Canada related to the purchase and use of "consumer fireworks". We have been urging the federal government to ban the sale of fireworks to the public for reasons of the dangers involved. It would be hypocritical of me to say there are no concerns. That being said, to date there is no ban on the purchase and sale of consumer fireworks either federally or locally through by-law. It appears as though this has been an annual event and it would be unfair to prohibit it without notice. One proviso that you may consider is assurance that the fireworks being used are fireworks permitted to be sold in Canada, the test of which is a bilingual label. Pat >>> Dean lorfida 10/4/2006 3:07:21 PM >>> Pat: Attached is a request from a resident on Beaverdams wanting to set off fireworks for Guy Fawkes Day (Nov. 5th). Council would have to grant permission. I will put it under communications but wouldn't mind getting a comment from Fire on this. Thanks Dean >>> Teresa Fabbro 10/4/2006 3:01 :27 PM >>> Clerk's Department Inter-DeDartmental Memorandum ~ To: Mayor Ted Salci Date: October 16,2006 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Request to Serve Alcohol at MacBain Community Centre RECOMMENDATION: For the consideration of Council. Earlier this year, in consideration of report R-2006-07, Amendment to the Municipal Alcohol Risk Management Policy, Council passed the following motion: ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni that events requiring a Special Occasion Permit for the Community Centre be brought to Cou ncil for approval. Attached is a request for a wine and cheese event in association with an Arts & Culture Conference being held at the MacBain Centre on N ovemb~r 8th. The event is for a duration of two (2) hours. The applicant, Mr. Ezio Di Domenico, is the proprietor of the Centre Court Cafe, the cafe vendor currently at the MacBain Centre. Staff has no concerns over the issuance of the Special Occasion Permit. ~ ~ W orkinB TOBetber to Serve Our Communit~ Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON, L2E 6X5 Mr. Iorfida: RE: Special Occasion Liquor License Permit Please accept this letter as a request to obtain a Special Occasion Liquor License Permit for a special event I am hosting at the MacBain Community Centre. The event is a Wine & Cheese hosting for individuals attending an Arts & Culture Conference which is scheduled to take place in the Coronation Multi-purpose Room at the MacBain Centre on Wednesday, November 8th, 2006. Please note that there will not be any selling of liquor at this event. In addition, there will also be food served at this event. Food being served will consist of various cheeses and fruit platters. The duration of the event is expected to be approximately two (2) hours. Start time of the event is set for 4:30 p.m. and is scheduled to conclude at no later than 6:30 p.m. We anticipate no more than 40-50 people to attend the Wine & Cheese aspect at the conclusion of the conference. Should you require anymore information regarding this request, please do not hesitate to contact me directly at 905-354-8383. Ezio DiDomenico Centre Court Cafe 7150 Montrose Road Niagara Falls, ON, L2H 3N3 Community Services Department MW-2006-109 Municipal Works 4310 Queen Street Ed Dujlovic, P. Eng. P.O. Box 1023 Director 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 October 16, 2006 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2006-109 - Contract 2006-173-06 Mechanic Street / Keller Street Road Reconstruction, Sanitary Sewer and Watermain Replacement RECOMMENDATION: It is recommended that the unit prices submitted by the lowest tenderer, Vic Vatrt Contracting be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Wednesday, October 11, 2006 at 1 :30 p.m. for the above noted contract. Tender documents were picked up by seven (7) Contractors and five (5) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractors. 1. Vic Vatret Contracting (WeIland) $317,480.50 2. Fine Grade Construction (Niagara Falls) $345,574.46 3. Peter's Excavating (Fort Erie) $367,580.00 4. Alfidome Construction (Niagara Falls) $407,844.00 5. Nexterra Substructures Inc. (Niagara Falls) $457,525.00 The lowest tender was received from Vic Vatrt Construction in the amount of $317,480.50. 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 $330,000.00. Working Together to Serve Our Community Municipal Works . Fire Services . Parks, Recreation & Culture . Business Development · Building & By-Laws October 16, 2006 -2- MW -2006-109 Project Costs: A warded Contract (excluding GST) $317,480.50 Additional Costs $ 47.570.00 (I.e., Design Fees, Soils Investigation, MOE Application, TV Inspection, Construction Inspection) TOTAL: $365.050.50 Funding: Niagara Region (to be confirmed) $109,515.00 Watermain Replacement Program $ 27,379.00 Sewer Reserves $146,020.00 Capital Holdings $ 82.136.50 TOTAL: $365.050.50 Charge to Account #12-3-310052-030000 This proj ect is scheduled to commence construction October 30, 2006 and all work is to be completed within 30 working days. . th the recommendation made would be appreciated. (j;J by: /11 John MacDonald Rick V olpini, E. Chief Administrative Officer Proj ect Manager ~~~~ Du] OVIC Director of Municipal Works - 6 - BY-LAW FOR SALE OF LANDS His Worship Mayor Salci will request whether there is anyone present that has an interest in the lands being sold. 2006-185 A by-law to authorize the execution of an Offer to Purchase from Arduino Pizzicarola respecting the purchase of lands being Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality of Niagara. BY -LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2006-186 A by-law to authorize the execution of an Agreement of Purchase and Sale (Operational Land Sales) with Ontario Realty Corporation respecting the purchase by the City of a portion of Hydro lands. 2006-187 A by-law to adopt a mark, symbol or design for the Fire Services Crest for The Corporation of the City of Niagara Falls. 2006-188 A by-law to authorize the payment of $19,492,994.16 for General Purposes. 2006-189 A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2006-190 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2006-191 A by-law under section 30.1 of the Ontario Heritage Act, R.S.O. 1990 to amend By-law No. 99-109 being a by-law to designate the Battle Ground Hotel Museum located at 6137 Lundy's Lane as a building of cultural heritage value. 2006-192 A by-law to amend By-law No. 79-200, to permit the establishment of a public self-storage. (HANDOUT) 2006-193 A by-law to authorize the execution of a License of Land for Temporary Use and Access Agreement with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Public Infrastructure Renewal respecting the licensing of land for temporary use and access. 2006-194 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16th day of October, 2006. CITY OF NIAGARA FALLS By-law No. 2006- A by-law to amend By-law No. 79-200, to permit the establishment of a public self-storage. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet E6 of Schedule "A" to By-law No. 79-200 is amended by numbering 766, the land on the south side of Well and Street, across from Dock Street, being Lots 22 and 24 and Part of Dock Street, Plan 251, and Part of Lot 22, Concession 2, in the former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated GC and numbered 766 on the plan Schedule 1, attached to and forming part of this by-law. 2. None of the provisions of section 8.2.1 of By-law No. 79-200 shall apply to prevent the use of the land described in section 1 of this by-law and shown hatched and designated GC and numbered 766 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon for the purpose of a public self-storage. 3. Notwithstanding the provisions of clause (d) of section 8.2.2 of By-law No. 79-200, no person shall use the land described in section 1 of this by-law and shown hatched and designated GC and numbered 766 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for the purpose of a public self-storage, except in compliance with the following regulation: (a) Minimum interior side yard width (i) from the easterly side lot line 1 metre (ii) from the westerly side lot line 3 metres 4. For the purpose of this by-law, "public self-storage" means a building or part thereof where individual storage areas are made available to the public for the storage or keeping of goods. 5. Section 19 of By-law No. 79-200 is amended by adding thereto the following: 19.1.766 (a) None of the provisions of section 8.2.1 of By-law No. 79-200 shall apply to prevent the use of land on the south side of Welland Street, across from Dock Street, designated GC and numbered 766 on Sheet E6 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of a public self-storage, except in compliance with By- law No. 2006- - (b) Notwithstanding the provisions of clause (d) of the section 8.2.2 of By- law No. 79-200, no person shall use the land on the south side of Welland Street, across from Dock Street, designated GC and numbered -2- 766 on Sheet E6 of Schedule "A", or erect or use any building or structure thereon for the purpose of a public self-storage, except in compliance with By-law No. 2006-_. Passed this sixteenth day of October, 2006. .............................. ......... ............ ....... ... ..... ....... ... ......................... .. ....... ......... ............................. ............................................... ..... DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: October 16, 2006 Second Reading: October 16,2006 Third Reading: October 16, 2006 SCHEDULE 1 TO BY-LA W No. 2006- Subject Land ~ Amending Zoning By-law No. 79-200 Description: Lots 22 and 24 and Part of Dock Street, Plan 251 and Part of Lot 22, Concession 2, Former Township ofWillougby, now in the N City of Niagara Falls, Regional Municipality ~ of Niagara 5 Applicant: Bruce Ward l:NTS Assessment #: 272512000512300 AM-27/2006 K:\GIS_Requests\2006\Schedules\ZoningAM\AM-27\mapping.map -------~- CITY OF NIAGARA FALLS By-law No. 2006 - A by-law to authorize the execution of a License of Land for Temporary Use and Access Agreement with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Public Infrastructure Renewal respecting the licensing of land for temporary use and access. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A License of Land for Temporary Use and Access Agreement dated the 16th day of October, 2006 and made between Her Majesty the Queen in Right of Ontario as Represented by the Minister of Public Infrastructure Renewal as Licensor and The Corporation of the City of Niagara Falls as Licensee, respecting the use of lands known as Part 1 on Reference Plan 59R-13157, in the City of Niagara Falls, for the purposes of access to properties and for earth moving activities and the construction of municipal services and utilities, subject to the terms and conditions as set out in the License Agreement and an excerpt of the first page attached hereto as Schedule "A", is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said License Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said License Agreement. 4. 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