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Additions to Council, July 9, 2013 ADDITIONS TO COUNCIL, TUESDAY, JULY 9, 2013 Communications 1. Correspondence from Thomas Wall, Sullivan Mahoney. re: Marineland 2. Correspondence from Downtown/Lyndesfarne - requesting various fee waivers and resolution declaring the event of Municipal significance for their liquor licence. RECOMMENDATION: Approval of resolution and for the Consideration of Council on the Waiver of Fees Resolution 1. Background information on GranFondo By-laws Additional By-law 1. A by-law to appoint Councillor Victor Pietrangelo as Acting Mayor. SULLIVAN MAHONEYLLP n July 4,2013 yaw v e R s Sent Via Entail: diorfida@niagarafalls.ea City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls,Ontario L2E 6X5 Attention: Dean Iorfida City Clerk Dear Sir: Re: Marineland of Canada Inc.— Formal Request re: Bus Stop Entrance at Front of Marineland Admission Gates As you know, we are the lawyers for Marineland of Canada Inc. ("Marineland"). We have already sent you a letter dated June 20, 2013 respecting two prior formal requests respecting the Marineland Portage Road entrance/exit. Please accept this letter as a request that is supplementary to and in addition to the requests outlined in our previous letter dated June 20,2013. There is an opening in the fence at the front of the Marineland property along Portage Road where the bus stop is situated, which is intended to enable patrons who are taking the bus to Marineland to exit from the bus and enter directly through the fence opening onto the Marineland property and into the Marineland admission area. Unfortunately, it appears that often, especially on weekends (which are very busy traffic times on Portage Road), large groups of pedestrians are occupying and congesting the area around the fence opening and the bus stop, from the face of the fence all the way to the shoulder of Portage Road where busses are intended to pull over and stop. As a result, when busses stop in this area, there is a great deal of congestion and confusion when the busses pull over and patrons exit the bus. This congestion and confusion is creating a dangerous and unsafe environment for bus and vehicular traffic along Portage Road due to the sheer number of people in the area of the bus stop and at the side of the road, and also for the patrons that wish to simply enter Marineland through the opening in the fence. In order to attempt to address the aforementioned safety concerns, Marineland hereby makes application for and requests the following from the City of Niagara Falls: I. That the parcel of land indentified as Part 1 on the draft surveyor's sketch attached hereto be leased by the City of Niagara Falls to Marineland of Canada Queen Stet,P0.Box 1360.St.Catharines,Ontario L20 67 Telephone. 905.6886655,Facsimile:905.688 5814 4781 Portage Road,Niagara Fells Ontario 1_2E 681 Telephone.905.357.0500.Facsimile.905.357.0501 sww<sullmammabpney corn F Mu rateri,0.C. P 8 Bedard T.A Prchas1ssn,C S. n M Sheehan W B.McKar9 J Dallel,0 S. 0.A.Goslin 1.1.1 3091.C S P,.B.Culliton J R.Bash P 1 Mahone, B A.Macdonald M.1.Bonorni G.W McCann S 1.'-em: C D'Angekr R Vacua T.'Wall 8.J.Troup D.M Contlnenza D.M Willer K.Parsons J.P Maloney M.D Atherton J.McNulty M.W VencosD.een A.C.Fahy L.T.Sgambellu=I 2 A.Macnoy Counsel IComrnercwl Bawl.M 0 1.81./0. 2 Inc. on exactly the same terms and conditions as the lease agreement that has already been entered into between the two parties dated June 12,2012 (except for the rental rate, which would have to be agreed upon based on the size of the parcel in question). The intent would be that the lease respecting this parcel of property would contain exactly the same terms and conditions as the existing lease dated June 12, 2012 and that the term of the lease for this parcel would be in lockstep with the existing lease agreement as well. It is Marineland's belief that the granting of such a lease would make that area much safer for both vehicles and pedestrians. 2. That the City require the police (who are often in attendance to control these crowds of pedestrians) to enforce Marineland's property line and not allow any of these pedestrian groups to enter onto Marineland's property. Part 2 on the attached surveyor's sketch is owned by Marineland, and the northerly boundary of Part 2 shows the actual boundary of the Marineland property in this area. As you can see, the boundary of the Marineland property is about 13.5 feet to the north of the face of the fence. Marineland of Canada Inc. hereby requests that the City of Niagara Falls and its council please consider and grant the above requests at the same time that it considers the requests outlined in my correspondence dated June 20, 2013, which will be considered at the Niagara Falls council meeting that is being held on July 9,2013. I trust the above is clear, however, if you have any questions or require any further information or documentation, please contact me. Yours very truly, SULLIVAN MAHONEY LLP Thomas Wall TW:jm Enclosure N -z.0..i. t Y 'nn 0 T. m W ,. /.. N a a oi O oi A 'uo` 3 N 0 N N on N co Z 1 0 �0 h N- t "a e 0 M O N 0 bi 0 619 X ce 0 3,0£,64.61.N Bey } £9S'9 0 999'l� Q o X o> , N m �_ 06, cc 1. Q U II 0 ° DC � ' X vJ•�R O V 0 0 Q et 0 O to Ln aZ c r CO O o O o N V I— X w = I W f J 0 O < O) 17 CO p I O O Z OI La n- .. 0 0 `l I-- _J " o o J ca j M = X/ U Kt f N a � r(OAIWOM CO in ce rn >- O 3 e 6Vg00/<l0/ a CO I i am Pc n Z Z M '^ cil Q J CO d X p K • J Q Z Q O Q d w Z U CC L_ - < .tom NIAGARA FALLS Cycling is booming all over North America. And now, after three years of efforts, the GranFondo Niagara Falls will be held on Saturday, September 14, 2013. We are grateful to the municipalities, Niagara Region, Niagara Parks Commission, Niagara Regional Police, Ontario Provincial Police, and the Ministry of Transportation for their commitment to this event. Without their uninterrupted passion and enthusiasm to support this event, there could never be an event of this magnitude in the Niagara Region. What makes this event unique is not just that it starts and finishes at the World Famous Niagara Falls, but that the riders will enjoy 90% car-free roads and not be stopped for 100% of the course. This is not only a more enjoyable way to ride the beautiful roads of the Niagara Region, but it minimizes conflicts between road cyclists and vehicles as they experience this fantastic riding destination. With numerous ups and downs of the Niagara Escarpment, this course will gain and lose over 1100m of elevation over its 127km distance. A very satisfying challenge for all levels of road cyclists. There will be more than usual fanfare surrounding this athletic event with Barney Bentall and Jim Cuddy not only riding in the event, but sending the riders off with the national anthem, then following up with a 90 minute performance that is FREE to riders, spectators and the general public in celebration of cycling. To maximize the safety of riders, this concept of non-stop and car-free riding will require the closing of many roads in the Niagara Region. The event will reach out to residents through print media, radio, roadside signage, traffic impact website (septemberl4.ca), mailouts and door-to- door campaigns to ensure that residents are aware of the impacts. It is the intention of GranFondo Canada that this event be held annually to celebrate the Niagara Region as a cycling friendly destination. GranFondo Canada has been in existence since 2010, and produces the GranFondo Whistler and GranFondo Banff events in Western Canada. We are proud to be invited to the Niagara Region to bring this area into the spotlight for North American destination cycling. Who are we? • GranFondo Canada is a division of TOIT Events Inc. • One of Canada's premiere mass-participation athletic event management and development companies. • North America's largest cycling-event producers. What is GranFondo? • A celebrated tradition in European cycling culture that is fast gaining momentum in North America. • A long distance, mass-participation cycling event — not necessarily a race—that welcomes professional, amateur, and recreational cyclists of all abilities. • It's about the lore and camaraderie of cycling; a total immersion into the spirit and culture of the sport though food, beverage, pageantry, celebration and camaraderie. • A GranFondo provides participants a sense of belonging and companionship through cycling teamwork; people get involved because they ARE the event. About GranFondo Niagara • What: Mass participation cycling event set in majestic Niagara Falls • Why: Epic terrain at a world renowned location • Where: 125 Km route that starts and finishes in Niagara Falls • How Many: +2,000 riders plus their families • When: Saturday, September 14th, 2013 GranFondo Niagara: Vision Showcase Niagara to the cycling world: • Spectacular, natural surroundings. • Clean environment and healthy lifestyle. • Family friendly. • Warm hospitality. Generate economic impact to the region: • More than just a one day event for participants. • Promote consideration for future visits. • Attract an affluent demographic. • Local cost outlays on event production and resources. Achieve sustainability: • Low environmental impact. • Strong participation. • Community engagement. • Annual event Map of Site: Queen Victoria Park fi , Finish O R �' -0 - i" _ • 1� 1:6,. a • 4 r �" . 1I , :. . a`"�;:,t�. � � '" ;.! Celebration Plaza ,d (, " �, I I i. i ' is � .4t$ . /�� �^. . ♦ar # ‘,..s. Start v }" f f ,. r _L SCHEDULE OF EVENTS The schedule of events below has been built to provide a complete cycling experience and will also enable you and your family to enjoy a full complement of tourist activities in the Niagara Region. FRIDAY,SEPTEMBER 13 LOCATION 9:00AM Alta Classe Celebrity Pre Ride Niagara Falls, ON 2:00PM-8:00PM Welcome GranFesta Sheraton on the Falls and Convention Centre, Niagara Falls, ON & Niagara Bike Expo 5:30PM-6:30PM Fan'IyL' nco Kos Rice Great Wolf Lodge, Niagara Falls. ON SATURDAY,SEPTEMBER 14 5:30AM ^e^s Niagara Parkway :Sag ChecK Cpers (Adjacent Horseshoe Falls) 6:30AM Bag Check Closes Niagara Parkway (Adjacent Horseshoe Falls) 6:35AM 0' Canada Niagara Parkway (Adjacent Horseshoe Falls) 6:45AM GranFondo Start Niagara Parkway (Adjacent Horseshoe Falls) ALL DAY Niagara Attractions Niagara Region 9:30AM-4:00PM Celebration Plaza Open Queen Victoria Park 10:00AM First Riders Expected Niagara Parkway (Adjacent Horseshoe Falls) FRIDAY,SEPTEMBER 13 LOCATION 3:00PM Last Riders Expected Niagara Parkway (Finish Line Closed) (Adjacent Horseshoe Falls) 4.00PM Celebration Plaza Closes Queen Victoria Park 4:00PM Bike Parking Closes Niagara Parkway (Bikes to be picked up by 4:00PM) (Adjacent Horseshoe Falls) SUNDAY,SEPTEMBER 15 ALL DAY Niagara A:t ac^ors Niagara Region . Iry fr MAGMA WS Cal 4624 Queen Street, Niagara Falls ON L2E 2E7 P: 905-374-7469 www.ltpniagara.com July 8th, 2013 His Worship Mayor Diodati & Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Members: Lyndesfarne Theatre Projects (LTP) is a non-profit, charitable organization. LTP was created to celebrate and inspire theatre art. Born in Niagara-on-the-Lake, raised in St. Catharines, and now at home in the Seneca Queen Theatre in Niagara Falls, we aspire to produce projects that reflect the diversity of Niagara Region and its visitors, all year round. We will be hosting the second annual Niagara Falls Buskerfest in downtown Niagara Falls. We are requesting that the City of Niagara Falls declare this event on August 30`h, 31st& September 1", 2013 "municipally significant". We would like to request the relief of cost associated with the following: Street Closing We are requesting permission to close Queen Street from Ontario Ave to the Buckley Ave and Valley Way from Queen Street to Huron Street. We will also require all side streets leading onto Queen to also be closed to ensure Queen Street becomes a pedestrian only area. We would like the closure to commence Friday,August 30`h at 8 a.m. through Sunday September 2nd until 8 a.m.thereby allowing enough time for set-up and teardown for the event. We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Busker Pitches We are going to have pitch stages on the following intersections of Queen Street&St Clair Ave, Queen Street& Crysler Ave& Queen Street& St Lawrence Ave. These stages will be used for busker performances. 1 of 3 Fapb,yry taillAfAM as= e fe I �fl�rrr �lr e 4624 Queen Street, Niagara Falls ON L2E 2E7 P: 905-374-7469 www.ltpniagara.com Cleaning Celebrate Old Downtown and the Springlicious Committee would like to request that the City assist us with a sweeping of the street late at night on the Friday, Saturday and Sunday nights. Water Hook-ups Last year we used the fire hydrant on the corner of Ontario Avenue and Queen Street to supply the food vendors with fresh running water to their booths. This year we would like to use the hydrant on St Clair and St Lawrence Ave and not the one on Ontario Ave., we request the City install a multiply line water hook-up on each hydrant. Washrooms There will be 14 portable washrooms on site,4 of the units will be handicap/childcare accessible, plus 4 hand washing stations. All 14 will be scattered throughout the event. There will be a contractor with a pumping truck on site throughout the event to maintain the units. Parking Permits During the event, vendors and event goers will be occupying all parking spaces on Queen Street and the organizers respectfully request that the City waive any costs for metered parking spaces for the duration of the event. Health Regulations There will be numerous food vendors at this event as it is a food festival. All food vendors will have to submit a completed Niagara Regional Public Health form with their Vendor Application upon being approved to participate in our event. Insurance Lyndesfarne Theatre Projects will have event insurance in place, as required under the City Special Events Policy. Food Vendor Licensing Fees Lyndesfarne Theatre Projects would like to also request all that food vendor fees be waived since this is an event to promote the Downtown core and as a not for profit organization we will be using the raised monies for the ongoing revitalization of the area. Fire Safety The event coordinator Kelly Daniels will meet with the Fire Department to discuss any of their concerns about the event, such as cooking, laneways, electrical and water lines. 2 of 3 ooLL�g fpt I yri rya&r r 4624 Queen Street, Niagara Falls ON L2E 2E7 P: 905-374-7469 www.ltpniagara.com Emergency Access A minimum of 20 feet in width shall be maintained between all tents, objects, booths, fencing, etc., so as to ensure that in the occurrence of an emergency, the roadway may be opened and emergency vehicles shall have access to the entire closure area. Security There will be a private security company on site; as well as, Niagara Regional Police presence. Sincerely, 2 Kelly Daniels Artistic Director Lyndesfarne Theatre Projects 3 of 3 ® I icy iiNl � 1 CITY CD• _L..1.. W..- •CANADA _NIACADA TARS. The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS The Downtown Board of Management MIA), representing the businesses on Queen Street. has a number of events planned for the summer; and WHEREAS the events will continue to help with the revitalization of the Downtown; and WHEREAS one of the events is the second annual "Buskerfest- (the "event-) to be held August 30 - September 1, 2013; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance: and THEREFORE BE IT RESOLVED that Niagara Falls City Council considers Niagara Falls Buskerfest to be an event of municipal significance and supports the provisions of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK :MAYOR CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to appoint Councillor Victor Pietrangelo as Acting Mayor. WHEREAS Section 242 of the Municipal Act. 2001 provides that a municipality may by by-law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Council; and WHEREAS the office of Mayor of the City of Niagara Falls will be vacant as a result of James M. Diodati being absent from the City from July 10. 2013 to and including July 22, 2013; and WHEREAS the said Council deems it desirable to appoint an Acting Mayor until the return of James M. Diodati. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. Councillor Victor Pietrangelo is hereby appointed Acting Mayor from July 10, 2013 to and including July 22. 2013. 3. At the conclusion of the period described in paragraph 1.James M. Diodati shall resume his appointment as Mayor. together with all powers and duties associated with that office. Passed this ninth day of July. 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 9, 2013. Second Reading: July 9. 2013. Third Reading: July 9, 2013.