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2015/12/08 111‘4\;\4\1.0 ///le/ /`r ‘ YTh .1k, ,7 V( ---- , , -aft, I 4.. CITY OF . b, CANADA NtgCARA FAL 1'S COUNCIL MEETING Tuesday, December 8, 2015 Order of Business and Agenda Package .,ff. *:Y1--. Niag Niagara ails CANAD :1 COUNCIL MEETING December 8, 2015 O Canada to be sung by Lauren Kelly ADOPTION OF MINUTES: Council Minutes of November 24, 2015 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. * * * * * DEPUTATIONS/ PRESENTATIONS 5:00 p.m. OFSAA Gold Medalist Julianne Miszk, will be recognized by Council for winning OFSAA para-athlete 3000 metre cross-country race. AMCTO AODA 10th Anniversary Championship Award Brian Kon, a member of the City's Accessibility Committee, will be recognized for leadership in bringing awareness on accessibility issues. A Christmas Light Story Don Tellier will be recognized for his holiday initiative benefitting Project SHARE. * * * * * 1 REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2015-47 — Approval of Interim 2016 Spending Limits MW-2015-34 — QEW Watermain Crossing — Kinsmen to Oakwood Emergency Replacement Project— Engineering Phase MW-2015-39- Lundy's Lane Battlefield Park Landscape Development ( North Side of Lundy's Lane) Tender Award, Contract No., 2015-384-15 MW-2015-40 — Driveway Windrow Cleaning PBD-2015-55 — Matters Arising from Municipal Heritage Committee, Alteration to a Designated Property, 6590 Dunn Street— Spencer Weaver House TS-2015-34— RFP for Advertising Opportunities on Handrails and On-Street Waste Receptacles TS-2015-36 — Taxi Platform Lease Agreement * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. National Eating Disorder Information Centre (NEDIC) — requesting that February 1st— 7 , 2016 be proclaimed as "Eating Disorder Awareness Week" RECOMMENDATION: For the Approval of Council. 2 Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2015-146 A by-law to amend By-law No. 79-200, to add a three storey, 9 unit apartment building a permitted use on the Lands (AM-2015-007). 2015-147 A by-law to authorize the execution of a Section 37 Agreement with 2451513 Ontario Inc. pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by 2451513 Ontario Inc. in return for an amendment to By-law No. 79-200 for an increase in density to allow the development of a three storey, nine unit apartment building on lands owned by 2451513 Ontario Inc. and located on Huron Street, in the City of Niagara Falls. 2015-148 A by-law to provide for the adoption of Amendment No. 121 to the City of Niagara Falls Official Plan (AM-2014-004). 2015-149 A by-law to amend By-law No. 79-200, in accordance with a Decision issued by the Ontario Municipal Board dated November 17, 2015, to rezone the Lands to a site-specific R5C zone to permit the development of two apartment buildings having a total of 154 dwelling units (AM-2015-04). 2015-150 A by-law to amend By-law No. 79-200, to regulate the development of a commercial plaza on the Lands (AM-2015-008). 2015-151 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. 2015-152 A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. 3 2015-153 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 2015-154 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of December, 2015. * * * * * NEW BUSINESS 4 Lauren Kelly - December 8* Lauren Kelly is thrilled to be performing the National Anthem for Niagara Falls Council. Her first public performance was as an eight year old, and she has been performing ever since! Lauren has performed vocally on stages across Ontario, including Burlington, Niagara Falls and London. As a member of the Linus Hand Production Company, Lauren has been a part of the last 6 productions with the company and recently portrayed MotorMouth Maybelle in Hairspray, at Ridley's Mandeville Theatre. A Grade 10 Student at Blessed Trinity High School, Lauren is an avid rower with the Thunder and St. Catharines Rowing Club. She hopes to one day become a professional actress, but until then, she plans to perform as much as she can! RECREATION & CULTURE Inter-Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: November 20, 2015 Re: Awards at Council —Tuesday, December 8, 2015 Julianne Miszk— O.F.S.A.A. Para-Athlete Gold Medalist On Saturday, November 7, 2015 in Collingwood, Ontario, Julianne Miszk, a Saint Michael Catholic High School student, competed in the Ontario Federation of School Athletics Association (O.F.S.A.A) in the Cross Country 3,000 metre race. Julianne ran a tough course, as it was all up hill and in muddy conditions due to rain the day before. With her coach Victor Pietrangelo at her side, Julianne endured and placed first in the 3,000 m race, winning a gold medal. Julianne is a four time O.F.S.A.A. Cross Country Champion (2012-2015). Julianne is a very dedicated athlete and trains twice a week for two and a half hours at each session with Niagara Regional Athletics. Her coach, Sue Bartol, gives Julianne some tough and challenging workouts, and is still loving, supportive and encouraging to Julianne. Julianne trains with the Niagara Region Special Olympics Track Team in Welland. She is involved in competitions across Ontario. This coming summer is a qualifying year for the Provincials which lead to the Special Olympics to be held in Mexico in 2018. It is Julianne's goal to run in the Special Olympics in 2018. This past July, Julianne won a silver medal in the 800m at the Canadian Nationals held in Edmonton, Alberta. Earlier this year, Julianne was awarded the Para Athlete of the Year by the Niagara Sports Commission and was recognized at the Awards Ceremony on June 3, 2015 at The Ameri-cana. Congratulations to Julianne on her accomplishments and all the best in the coming year! cc. Dean lorfida, Kathy Moldenhauer A Great City ... For Generations To Come Dean Iorfida From: Lynda Staples <Istaples@amcto.com> Sent: Tuesday, December 01, 2015 3:15 PM To: Dean Iorfida Subject: AODA Champion Award Presentations ••• AMCTO III THE MUNICIPAL EXPERTS December 1, 2015 Dear Dean On behalf of the Board of Directors of AMCTO, The Municipal Experts, I would like to thank you for organizing the AODA 10th Anniversary Awards presentation at your latest Council meeting. June 13, 2015 marked the 10th anniversary of the Accessibility for Ontarians with Disabilities Act (AODA). Celebrating the anniversary, AMCTO, with the support of the Government of Ontario, launched a one-time award - the AODA 10th Anniversary Champion Award. We could not have showcased your local Champions without your help, recognizing outstanding individuals who demonstrate leadership, passion and commitment in the promotion of awareness of accessibility and inclusiveness in their community. AMCTO appreciates the time and commitment you take in your community in working towards the goal of an Accessible Ontario 2025. Regards, Chris Wray, AMCT President cc. Mayor & Council 0 '":41k1-''''' � st, L $ �, Kristy Lee is joinin- ' - . ' g the team as our newest dental hygienist! 3� , • .' . - , - r �i , rr CALL TODAY (905) 3'58-8586 -;2-.:::::-i,:,°,7,..:;',;11',,,,•:,,, ,,,- Now wekomin new atientsi 1 , Y NEWS LOCAL Spreading holiday cheer for a good cause 1 6, al's: Lah).gie.,, N,agara rails Pa`,'ea.' t- day No';ember o 2015 3:35.22 EST PM ,.,Y ,, . .:., ., :t. ,..„, ......._ ... S' ' �-: i: i _ _ ,,,,,,., 444,,,,,..,,,,o.,„,..,...i.....,:i.„,:i.,.,,.,.,..,,, -,..7,;" MI Thor,kyottir ----- - t. :BSS .. ,: .i`. .. L -‘..t. w 4 .. 1 ._. . ... . . _ .. ........z.. -. , . . . . . , . ,... ....!. , . ,, ,.,: irt_ I , „.,...,,.,...., :.,014,01„.. ....„...,...1.A,„:„. . , . 4 „............ ,,, -:'-':;:t1'..',. ---- • *-; .. 0 . ii ,tea 4<kittelA,, d N aga-a -alis resident Don Tellier Nit!, nis son Ethan. is raisingnnore F Project �_- t' y or :=HARI--- er ng nrIstmas +:hemeJ. S,'..',IC?s. TI,-.e 4ai 4 Ware at Pr.sject SHAPE on No '. r. 2C15. - --nla Va:^.tS ,c ar gr.re-, to '"'OiiCd';•a for those less fcr'uoate �'Obb N'',--i- '� 1sr`Ic 's ' the 'Maga a ally kti'Cr of o,v'. said. �s a ; �U'li- r1 le a-.,:c a :'3'" , irs'.,,and as "is ?othe s•r4n jie'a ?C acre 'cf.+t',rae 13-_ng :i II . _ al,:,a. ."/,,ie N� �Y`, -ror' n said. Vie -enled an `Cod nanas and jonati ans at ir'es and 'emember picKing biLeberi es `C Poise mor To that end Tell iecir came up allot a unique way to raise money for Project SHARE by offering C rist as-themed services. For a .Feu:atiated trHriMLirr, d_nat;ori ro the food bank. Tallier ai H install exterior Christmas I':gr Jng disclays and deliver and set up Christmas Trees arid 'wreathes. those `;v h: aren't quite ready to get into the holiday spirit, hell als0 clean your gutters. Last. year Tellier and a group of ilei -1s and fami1,, sp,:nso;"ed a gamilythrough Project SHARE's annual Christmas p og a'"'. It Pias aJre3T expel"! _Ce out realized c_r li1pa:t. our'ea:n. 'h aso't ah that big.' he recalled. Onli affecting 0-e familya'd to ido, something That's ."'.erhe came yvi , the iigea cif A Christi-as Hrg S.._.. ._ at eIH_ P" l" s.;e: _.l _ ,_its a .. _ sai the campaign is a perfect fit foitthe hcreorigfttagenci. 'It's a- a ivesioirre itlea she said. '1-+ lot pit peacethe communiOy ce pot-fining 'oChitistmas lights soon so this sod help the cipircirrunitiy and benefit Project SHARE at the same time To ca_ a_ app -eat s:c A Christmas Light Storiy :ai _30-731-_,-2n:_ or email achristmaslightstioriyidigimall.com. Ygu _a - flicici none information the initiat!,ie or Faceocok at oso!'h.fa:ebook.:o 1.,O.Cdr:stmas.Lig :t.Stcry?fref=ts. Registrations for Project SHARE's Christmas program get under way on Monday and continues Dec. 4. The program provides a holiday meal and gifts for children 16 and underwho are living below the poverty line. To sponsor a family host a food or toy drive, or make a donation. call 9da-357-5121 ext. 35. The agency provided food and gifts for 4.400 people last Christmas. A Christmas Light Story 239-700-2999 or email achristmasiightstorygmail.com Poll Have you ever accessed a food bank? Thursday, December 3, 2015 Yes. 1''✓e had to use a food bank before. No, l have,rit. haven't used one. blit j''ve stJocorted the local rood bank. VOTE or viievv resL.its x m -o0 F-2015-47 Niagaraaa11s December 8, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2015-47 Approval of Interim 2016 Spending Limits RECOMMENDATION That, in the absence of an adopted 2016 General Purposes Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments' expenditure budget of the prior year. EXECUTIVE SUMMARY Spending authority is delegated to the staff by Council through the approval of the annual budgets. Interim spending authority provides staff with similar authority within approved limits during the year up to the date of passage of said budgets. BACKGROUND Staff's authority to make payments to staff and suppliers is derived from an approved Annual Operations budget. Preparation of the 2016 General Purposes Budget, 2016 Utility Budget and 2016 Capital Budget are underway. As a result, staff requests that Council approve interim spending limits for 2016 until these are approved. The Municipal Act, 2001 (Section 317) provides Council with the opportunity to authorize staff to operate and remit payments for expenditures incurred prior to the approval of a 2016 budget. This authority is required for the City to maintain its operations until the final budgets are approved. Consideration of the 2016 budget has started but will not be approved until the new year, all departments should be able to operate with an interim spending approval of approximately 50% of the 2016 budget. If Council approval of the budget is not achieved by the end of May, 2016, a further report with an amended interim spending authority will be submitted. {0ector �IRecommended by: Vtot Todd Har is , f inance Respectfully submitted: Ken Todd, Chief Administrative Officer MW-2015-34 Niagaraag11s December 8, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2015-34 QEW Watermain Crossing — Kinsmen to Oakwood Emergency Replacement Project— Engineering Phase RECOMMENDATION 1. That staff be authorized to proceed with the engineering design and approvals for the replacement of the watermain crossing the QEW, and; 2. That the 2015 Capital Budget be amended to include this project and be allocated from Capital Reserves, and; 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents and easement agreements. EXECUTIVE SUMMARY In June of this year, Municipal Works staff identified a leak in the City's watermain under the Q.E.W that connects Kinsmen Court to Oakwood Drive North. This main is a critical piece of infrastructure as it provides a secondary water source for Oakwood Drive North in the event that the main on McLeod Road or Oakwood Drive North become inoperable. Reinstatement of this crossing will ensure that the two (2) large retirement homes and businesses on Oakwood Drive are provided with a secondary supply of water and will ensure fire protection demands can be met in the event of a service disruption. This watermain also bisects property owned by CanEng Manufacturing and its location poses operational challenges to this business and Environmental Services staff when performing routine maintenance. Relocation to a more suitable alignment will be considered as part of the project. The purpose of this report is to seek Council's authorization for staff to proceed with the soils testing, engineering design and approvals needed to construct a new crossing early in the New Year. Actual construction costs cannot be determined until completion of the design phase but will be brought to Council for their consideration as part of the 2016 Capital Budget approval process. 2 MW-2015-34 December 8, 2015 BACKGROUND The original 150mm diameter cast iron watermain was installed in 1954 and had an expected service life of 60 years. A section of the watermain east of the QEW was relocated and replaced to allow for the construction of the Millennium Manor nursing home. This section of watermain requires significant maintenance work to keep it operational. Environmental Services staff must flush this main on a daily basis to ensure the water quality satisfies Provincial standards. In addition to this, the main has had four (4) breaks in 2002, 2012, 2014 and 2015. The most recent break is located under the QEW and cannot be repaired by city forces using traditional open cut practices. ANALYSIS/RATIONALE Given the watermain's age, poor condition and the location of the break, the best solution is to replace this section of main. The Ministry of Transportation (MTO) requires that this work be completed through the use of a trenchless technology such as directional boring or auger boring. Environmental Services staff currently flushes daily to ensure water quality standards are maintained. This will need to be done until the main is replaced. Staff is recommending that funding be allocated to complete the engineering design for this section of watermain. Part of this project includes the realignment of the loop that traverses the CanEng Manufacturing and Millennium Manor properties. Staff has had preliminary discussions with the affected property owners and they are supportive if this initiative. The following are estimated costs for the design of this project: Geotechnical/survey/design $50,000 Legal survey and easement $10,000 Consulting Engineering $100,000 TOTAL $160,000 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The design work proposed must be started in advance of the 2016 Capital Budget approval. Staff is requesting that funding be allocated to this project. The funding source will be from capital reserve established for these types of occurrences. There are adequate funds available. 3 MW-2015-34 December 8, 2015 CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1 . Location Plan 2. Capital Budget Worksheet Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: V-/\11—rilAg- Ken Todd, Chief Administrative Officer CA Queen Elizabeth Way (QEW) Watermain Crossing Location it N MW-2015-34 Capital Budget Worksheet 2015 Post 2015 Budget Department Municipal Works Priority(1-3) EJ Project Name QEW Watermain Crossing-Kinsmen to Oakwood Included in 10 year Capital Plan(y/n) Project I.D.# Project Description Emergency Replacement Project-Engineering Phase Projected Start Date: YEAR YEAR YEAR YEAR YEAR 2015 2016 2017 2018 2019 Opening Balance-Jan 01 (surplus)/deficit - - - - EXPENDITURES Engineering Fees/Design/Studies 160,000 _ Land/Building/Furniture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers S i t ewo rk/L a n d s ca p i n g Contingency Other Interest Expense TOTAL EXPENDITURES 160,000 - - - FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve 160,000 Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES 160,000 - - - Closing Balance-Dec 31 (surplus)/deficit - - - - - MW-2015-39 NiagaraFq Is December 8, 2015 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2015-39 Tender Award Contract No. 2015-384-15 Lundy's Lane Battlefield Park Landscape Development (North Side of Lundy's Lane) RECOMMENDATION 1. The contract be awarded to the lowest bidder Seawaves Development Services, Hamilton Ontario, for the total tendered price of $235,390.00 plus HST. 2. That the 2015 Capital Budget be awarded to reflect the new costs and revenues. 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract proposes to implement the next stage of the Lundy's Lane Battlefield Masterplan (attachment A) (MW-2013-60, MW-2014-12). In 2014 the Lundy's Lane Battlefield Gateway Feature was successfully completed to commemorate the significance of this historic site and the July 25th Bi-Centennial anniversary of the Battle of Lundy's Lane, War of 1812-1814. The scope of this next stage of the Battlefield Masterplan includes various site works on the north side of Lundy's Lane, adjacent to the Gateway Feature and the Battleground Hotel Museum (refer to attachment B). This contract includes site development of the Redmond Memorial Garden area; the British Lookout feature area with interpretive display panels; accessible pathways; and other site landscape amenities. Construction is expected to commence in the spring of 2016, earlier if weather permits. BACKGROUND In 1998, Council approved the Lundy's Lane Battlefield Masterplan prepared by Commonwealth Heritage Consultants. For the past several years has there been a renewed focus on this historic area of the City largely due to a few factors; funding both in Capital and external grants & contributions; land acquisitions (Battlefield School); and the Bi-Centennial anniversary celebrations for July 25th, 2014. A Project Steering Committee was formed in 2012 comprised of City staff, local historians, community stakeholders, Main & Ferry BIA, Lundy's Lane BIA, and Heritage Consultants to identify a high profile legacy project-the Gateway Feature, and to update the 1998 Battlefield December 8, 2015 - 2 - MW-2015-39 Masterplan for phased implementation. ANALYSIS/RATIONALE Tender 2015-384-15 was issued for the Landscape Development of Lundy's Lane Battlefield Park (north section). This contract includes site improvements following the Lundy's Lane Battlefield Masterplan, specifically the park area on the north side of Lundy's Lane adjacent to the Gateway Feature. Seven (7) companies picked up the tender documents and six (6) bids were submitted. The Tender submissions were opened in the presence of City Clerk Mr. Dean lorfida and the Manager of Supply & Services Mr. Dave Butyniec on Tuesday October 20, 2015. Listed below is a summary of the total tender prices, excluding HST. Company Name C� ..Te filer P Seawaves Development Svcs Hamilton $ 235,390.00 Anthony's Excavating Wellandport $ 260,762.00 Garden Grove Waterdown $ 291,424.95 Stevensville Lawn Service Stevensville $ 295,180.00 CSL Group Ancaster $ 298,334.40 Touchstone Site Contractors Thorold $ 329,981.00 The lowest tender was received from Seawaves Development Services Inc. in the amount of $ 235,390.00 plus HST. Staff have contacted references for this company. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The development of the Battlefield property has been a multi-year project. The stage of the project being considered with this tender was originally approved at $173,500 in the 2015 Capital Budget. Subsequent to the approval of the capital budget, staff secured a federal grant that was applied to this project and as a result the scope of the project was enhanced. As a result the tender being approved is within the enhanced budget. A revised capital budget sheet is attached. CITY'S STRATEGIC COMMITMENT The recommendations contained in this report are consistent with Council's Strategic Priorities; promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents, and, actively pursue economic development opportunities such as authentic eco and heritage tourism opportunities. LIST OF ATTACHMENTS 1. Attachment A- Lundy's Lane Battlefield Masterplan 2. Attachment B- Lundy's Lane Battlefield Park Design (North Section) 3. Capital Budget Worksheet December 8, 2015 - 3 - MW-2015-39 Recommended by: i Geoff Holman, lire or of Municipal Works Respectfully submitted: -2-A4/4/^d( Ken Tod , Chief Administrative Officer Jeff Claydon MW-2015-39 ATTACHMENT 1 SUMMER STREET 1 _ 2 z t!.. Z Q al r r ---{ g i 4 LOCATIOr OF THIS STAGE • _..- OFSITE DEVELOPMENT CONTRACT WORKS p p ';� rn 1 __ _ LUNDY'S LANE FERRY-TT . ,.. 4 ,yvb t a 4; �., © i ia;ar:.o�- 44, -d 0 ,,,,,,.,,. .,,,;,:f_.L.,..„.. , ,.,„ rcr. ..... 4,.. . ,r,,,,:„10,,,,:. G ;, - • • • _ _ I'*Itr I v'� egg.:' yyj. }fig � ® D t h` I # '' E ..3..Wi , ,..1.„, 1 nc , R N Q BAKER STREET I'► LUNDY'S LANE BATTLEFIELD PARK MASTER PLAN r----, . r. 40, • (‘..) • tr; •44„,p, A 1, fix t1 ) \ • • 4 r a,,, 6 N GARDENS), — . 10\ . * MI6( -2015-39 All-ACHMENT 2 1 § ITE LOCATION OF 1- - :N..,, iipROPOSED CONTRACT WOR):, -1,,' I I OF4j l'Ai4.?->:,... ._ • At. ,,t. . .. fl ,,,,----- , ) ' ' ...,,./ ,ek • 01V 941# ciatis'rfe 1 hi1•- •'a • ! • • &Ann. corn. mtg., was ad** envvregr "woo caransaeonkot • •:DARN FOUNDATION BRITt$H POSITION 14...00KOUti OVERLOOK,SOO eh4r1 ACM MN. 10 .1011.41110 *00.6.11“10lIrl. r 0 W.* 0* ..01111114, 4.01.4nrcencorNms orme 03.141130. 0.1*.11 • • -INTERPRETIVE PANEL DlpL-Ky , . . t , ( %7 Att , 1. , c MUSEUV* - r".."'"'"'"' ' i r ,/, (''..----,":"-.'. -,i,...' , 1 • . _,....----.....,„_,,,. /34' tivdm: mu 4 i ' „ -, - , .1 ' • ' ' ' ' 1 ' / .. ' BATTLGFDIJNRMOTELRI, , 4(i.:0 r'1 • '.4-1-1-1- .c.- , ! .•s - • ,.. ! -,---- , 4,,.,,,,-) ' LUNDr$ LANE C6MPL ED 'GATEWAY; FEATUR 'I 111 N14',11 ' r i0 44 11 Nt MW-2015-39 Capital Budget Worksheet 2015 Revised Department Municipal Works-Parks Priority(1-3) Project Name Battlefield Park Site Planning&Development Project Included in 10 year EJ Capital Plan(y/n) Project I.D.# ongoing Project Description Ongoing implementation of the Battlefield Masterplan for the Battlefield Site areas which includes; the Gateway feature areas;the Ruth Redmond Memorial Garden areas;the Battlefield School greenspace area, interpretive trails and signage Projected Start Date: Q2,ongoing YEAR YEAR YEAR YEAR YEAR 2015 2016 2017 2018 2019 Opening Balance-Jan 01 (surplus)/deficit - - - EXPENDITURES Engineering Fees/Design/Studies 25,000 Land/Building/Fumiture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping 248,000 Contingency Other Interest Expense TOTAL EXPENDITURES 273,000 - - FUNDING SOURCES Special Purpose Reserves 150,000 Capital Holding Reserve Reserve Fund Transfer from Operating 23,000 Development Charges Debentures Gas Tax Provincial/Federal Grants 100,000 External Contributions Interest Earned Other TOTAL FUNDING SOURCES 273,000 - - - - Closing Balance-Dec 31 (surplusl/deficit - - - - - MW-2015-40 Niagaraj7alls December 8, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: MW-2015-40 Driveway Windrow Cleaning RECOMMENDATION That the City not institute a windrow cleaning program; and That any individuals, in need of the service, be directed to the program administered by Community Support Services of Niagara. EXECUTIVE SUMMARY A windrow is the snow left at the end of a driveway after a snowplough has cleared a road. A handful of municipalities offer a program to clear windrows after the snow ploughs have been through. The programs are usually geared toward seniors and those with disabilities. Most municipal programs also caution that the service may take up to a couple of business days after a snow event before being performed. Staff has reviewed programs in other municipalities, such as Burlington, as directed by Council. As the analysis indicates, the programs are heavily subsidized by the tax base, require specialized equipment and considerable coordination on the part of staff. In many municipalities, such as Niagara Falls, the service may occur through a community social services organization. BACKGROUND On December 9, 2014, staff presented a report on the Winter Maintenance Policy Review. One of the motions emanating from the report was that staff investigate the costs associated with the driveway windrow clearing program. A follow-up was brought forward at the August 25, 2015 meeting. Council directed that investigate the City of Burlington's windrow progam. In 2006 the City of Burlington staff was requested by Council to review the Town of Oakville/Halton Helping Hands Driveway Snow Windrow Program and to comment on Burlington's potential participation in an associated or similar program. 2 MW-2015-40 December 8, 2015 In 2006/2007 the City of Burlington rolled out a Pilot Driveway Windrow Removal Program with eligibility requirements of; 1. Physically challenged (certified by a medical practitioner to be incapable of windrow removal); and 2. Reside in a single family dwelling unit with a driveway connection to a municipal road, and not have an able-bodied person residing in the same dwelling unit. The program was administered by the City of Burlington with a contractor providing the plowing service, based on five (5) storm events. The annual program fee to the residents, for the Windrow Plowing Pilot project was introduced at $40 including GST. The program was advertised through the City's winter control brochure, newspaper advertisements, the City's website, posters in the City's handi-van fleet and directly to a number of local agencies that work with persons with disabilities. Following the registration period a total of 45 participants signed-up for the program. Based on Burlington's report the costs are as follows: 2006/2007, Winter Total Cost Number of Residents Portion City Portion #of Events Total Cost % City Participants @ $40.00 annually per Plow Funded $8,520.00 43 $1,698.00 $6,822.00 5 $39.63 80% It was then recommended to extend the pilot program into the 2007/2008 winter season using estimates of 100 registrants and an estimated 5 plowings, and maintaining the $40 annual fee. The program was estimated at $16,500. 2007/2008, Winter Total Cost Number of Residents Portion City Actual # of Total Cost % City Participants @ $40.00 Portion Events per Plow Funded annually $24,300.00 100 $4,000 $20,300.00 9 $27.00 83.5% Burlington staff anticipated the program to grow to 300 participants by 2010 estimating a reduction in subsidy paid by the City's tax base. To date, participants total 125. This number has not increased since 2012 thus the City continues an approximate 80% subsidized program since 2006. Current Program Total Cost Number of Residents Portion City Portion Estimated # Total Cost per % City Participants @$51.00 annually of Events Plow Funded $35,000.00 $4,500.00" $39,500.00 125 $6,375.00 $33,125.00 5 $63.20 83.5% *Fees paid to contractor to ensure service regardless of number of plows 3 MW-2015-40 December 8, 2015 ANALYSIS/RATIONALE Using the City of Burlington's figures based on five plowing events and applying that to the City of Niagara last two winter seasons (2013/2014 & 2014/2015) the estimated costs are as follows: Table figures from Burlington are based on 5 storm events City of Resident Total per City of Niagara Less Total Subsidy Burlington per driveway Falls -2014/2015 Revenue Cost ok per driveway driveway Windrow 15 Storm Events Collected Costs costs Clearing Cost $63.50 x 15 $53 $10.20 $63.20 $118,500 $6,375 $112,125 95% City of Niagara Falls -2013/2014 10 Storm Events $63.50 x 10 $53 $10.20 $63.20 $78,750 $6,375 $72,375 92% The service itself will only remove/clear the windrow to eliminate the driveway blockage, and does not provide for a complete (edge to edge, bare pavement) cleanout to the base of the driveway, comparable to what many residents would undertake themselves. Additionally, for those residents that reside on a Sidewalk Snow Clearing route, the windrow created at the top of the driveway apron will not be cleared. As a result residents will still have some clean-up to complete if they want to make it consistent with the remainder of their driveway area Complaints may be routinely expected due to each homeowner's personal expectations for driveway snow clearing work in comparison to: (a) the timeliness of the service delivery, and (b) the perceived quality of the snow removal operation The City of Burlington estimates the maximum time between the road plowing and the windrow clearing would be twelve (12) to sixteen (16) hours; however, many of the driveways will likely be completed in eight (8) to ten (10) hours once the storm has ceased. It should be noted that Community Support Services of Niagara, a volunteer-based not-for-profit agency, provides comprehensive client-driven community support services. CSSN helps seniors and adults with disabilities to live independently in their own homes. They offer services such as minor maintenance and handyman tasks, spring and fall yard clean-up; heavy-duty cleaning, de-cluttering and snow removal, which are provided at reasonable fees. Clients are: 4 MW-2015-40 December 8, 2015 • Given the names of Brokered Workers to contact directly. • Brokered Workers are screened and provide a police clearance. • Fees are set by the Brokered Worker. • Clients pay the fees to the Brokered Worker directly. • Follow-up calls are done by the Service Coordinator to ensure dependable and reliable service. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As outlined in the above analysis, the cost estimate, for Niagara Falls to institute a program similar to Burlington's, is between $72,000 to $112,000, dependent on the number of storm events. Other financial impacts are outlined in MW-2015-09, Winter Maintenance Policy Review. CITY'S STRATEGIC COMMITMENT Deliver service excellence that reflects a customer-oriented culture and enhances the service experience for the public. LIST OF ATTACHMENTS MW-2015-09, Winter Maintenance Policy Review. Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: 51)(A _k Ken Todd, Chief dministrative Officer MT/DI PBD-2015-55 Niagarajalls December 8, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-55 Matters Arising from Municipal Heritage Committee Alteration to a Designated Property 6590 Dunn Street— Spence Weaver House RECOMMENDATION That Council approve the addition of a sunroom/conservatory to the east elevation of the Spence Weaver House at 6590 Dunn Street. EXECUTIVE SUMMARY At the November 25, 2015 meeting of the Municipal Heritage Committee the following motion was adopted: "That the Committee has determined that the proposed work will not alter the reasons for designation and supports the request by the owners to add a sunroom/conservatory to the east elevation of the house." Further comments were also offered by the Committee: that it is appropriate to have the windows divided with grids to more closely resemble the existing windows on the house, that the water run-off be directed so as to not impact the rubble stone foundation of the house and that the existing shutters on the window to the south of the door opening be retained. ANALYSIS/RATIONALE The Spence Weaver house c. 1830 was originally designated in 1978. In 2011, the By-law was updated after a front verandah was re-established on the house. As a designated property, any alterations must be approved by Council. A request has been received from the owners for approval to construct a sunroom/conservatory on the east elevation of the house. The Municipal Heritage Committee reviewed the proposal at their meeting on November 25, 2015. The Committee approved the proposal. Some concerns were raised regarding the plain window glass; water run-off and the potential damage that may occur to the rubble stone foundation and also the shutter on the window to the south of the door opening. These issues were addressed by the contractor, as he advised that grids or mullions could be added to the windows, the water run-off could be directed away from the foundation of the house and that the shutter would be retained. 2 PBD-2015-55 December 8, 2015 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There is no financial implication to the City as the owners have not requested a Designated Property Grant. • Recommended by: ll �-'��~` ` Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 1 4thi'Lj Ken Todd, Chief Administrative Officer P.Boyle:mb S:\PDR\2015\PBD-2015-55, Matters Arising from MHC,6590 Dunn St.docx ; .+.° N1111 FOUR SEASONS Bob U�Warren - Warren Solariums Customer Name: Todd & Audry Barklay Quote: Ref: Date: 6590 Dunn St Nov 20, 2015 Room Type: Pitch: Roof: Color: Victorian 7/12 Glass Sandtone Ext.Width: E xt. Pjection: Wall Height: 14' 12` 7' hu.oa°x.y'|o.xa/wx1111)/nc|ai|pdm0J*1.101i.11aWmy:w|Ubpi�s./�uuvo"o/j~./m.hnnai^". SS B x "s a�mS`to m S j8 EE__ 11 a n$; .' t5_ '°� �2EE�Ec Aac qn� c'" VSSS LL� 3g> +a"m ggg4111m im `S•emmg m=`�EE raacczFmo€mac�a�_c'yS .o ig2PAgSaV2SSraiqg .1" � ommmmm.m'mma ao'i9 emp000 3...m'm'¢'�u�xr `� —y it,,,,, . m mm m � o k 'o ;11— : 4Yrc.wr amm T41 ¢ aer,��,'9i�wgw +� numio v>w�vm,vm, 'alloo rc�aa���� /, < o:ga ' 8 =tcreint5'64fitiki ; YY 3333344433Pliiiaaazz,13(W ,R m "SSo � v <oeour 000xoavvvvv_��� '{ Fp g N ,/ ? �` b \ lirt° v ..-\ may` . sf .I ,lam r \ - - ` \.. TS V/f ; ! 1 ,AIS Q. .WS O'.£ " .WS 0-E .91/9 11-.11 .WI 9Z ..9/19 1 .16 9L-.91 — r ,A I .loa..111 y Al©`\ J1f_ r ; LNff__ TS-2015-34 Niagaraaa14 December 8, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2015-34 RFP for Advertising Opportunities on Handrails and On-Street Waste Receptacles RECOMMENDATION 1) That council award the contract for on-street recycling receptacle bins and pedestrian barriers to Creative Outdoor Advertising for a period of five (5) years. 2) That the Mayor and City Clerk be authorized to execute the necessary Agreement. EXECUTIVE SUMMARY In contracting a service provider to install and maintain recycle bins and handrails the City benfits from the use of the hardware at no cost and gains revenue from the advertising space. An RFP was issued for provision of receptacles and handrails for a five year term lease commencing mid-January 2016. There were two submissions to the RFP and upon completion of the Evaluation Criteria Review it is recommended the City award the RFP to Creative Outdoor Advertising. BACKGROUND RFP 62-2015 was issued to media agencies interested in providing a service to the public and generating revenues through advertising. There are approximately 25 locations where recycling bins and pedestrian handrails are currently installed and would be suitable locations for their hardware. The RFP included information to possible bidders to ensure they were aware of the criteria which would be evaluated to determine which service provider would be awarded the proposal. There were two submissions, Creative Outdoor Advertising and Lumina Media. Both bids were evaluated on the following criteria. Financial Proposal (weight factor 60) Quality of Advertising (weight factor 20) Proponents Relevant Experience (weight factor 10) Proponents Value Ad‘ied (weight factor 10) 2 TS-2015-34 December 8, 2015 When the evaluations for the two proponents were independently completed, the higher score, indicting the service provider which best met the required criteria, was Creative Outdoor Advertising. Creative Outdoor Advertising rated the highest in all categories except the financial component. Even though the financial component received a weighting of 60 points, Creative Outdoor rated higher in the remaining three categories and thus rated the highest overall. The difference in the revenue generated over the five year period was nominal with an 8% difference annually. The current contract with the service provider, Creative Outdoor Advertising commenced in 2011 and expires in mid-January 2016. Creative Outdoor Advertising has been very responsive throughout the past five years and has been providing exemplary response times for quality of product, timely and thorough maintenance activities and submitting payment on time. ANALYSIS/RATIONALE The product provides an eco-friendly alternative for waste disposal for the public with recycling options as well as safety barriers to be installed in areas where City staff has deemed it necessary to provide a physical separation between the public and motorists. All products provide revenue to the City of Niagara Falls for the use of advertising on the products surface space. Creative Outdoor Advertising rated the higher of the two proposals submitted and has been successfully providing this service to the city for the past five years. FINANCIAL IMPLICATIONS Creative Outdoor will be submitting payment to the City on a monthly basis for the advertising opportunities on all bins and handrails. The amount will be based on the number of units in the field. The annual revenue is approximately $8,500. CITY'S STRATEGIC COMMITMENT To maintain the city standards of safety and operational needs. Recommended by: Y Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer MC p*7-* TS-2015-36 Niagara,Falls December 8, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2015-36 Taxi Platform Lease Agreement RECOMMENDATION 1) That Council approve the award for the Bus Terminal Taxi Platform Lease Agreement to Coventry Connections Inc. for a five year term. 2) That the Mayor and City Clerk be authorized to execute the necessary Agreement. EXECUTIVE SUMMARY The City generates revenue from licensing the use of the taxi stand located at the north end of the Bus Terminal on the corner of Erie Avenue and Bridge Street. An RFP was issued in October to provide an opportunity for taxi service providers to bid on the exclusive use of this space for a five year term through to end of 2020. There were two submissions to the RFP and upon completion of the Evaluation Criteria Review it is recommended the City award the Taxi Stand License to Coventry Connections Inc. BACKGROUND RFP 63-2015 was issued to taxi service providers to determine their interest in the exclusive use of the Taxi Stand located next to the Bus Terminal on Erie Avenue. The RFP included information to bidders to ensure they were aware of the criteria which would be evaluated to determine the service provider that would best meet the requirements of the City. There were two submissions, which were evaluated based on the following criteria; Company Overview (weight factor 10) Experience in the Taxi Industry (weight factor 20) Staff & Equipment Resources (weight factor 20) Financial Proposal (weight factor 50) 2 TS-2015-35 December 8, 2015 When the evaluations for the two proponents were independently completed, the higher score, indicating the service provider which best met the required criteria was Coventry Connections Inc. The five year Agreement would also include a clause which would allow the City to terminate the Agreement upon 3 months' notice to the service provider. ANALYSIS/RATIONALE The weighted scores for the Company Profile, Experience in the Industry, and Resources were relatively close for the two service provider submissions. Of interest, Coventry Connections Inc. offers a greater level of accessible (AODA compliant) vehicles at 23% of their fleet versus 5% for Niagara Falls Taxi. FINANCIAL IMPLICATIONS As the Financial Proposal was very important to the evaluation process, it received a weighting of 50 and thus, half the total score was based on the amount remitted to the City over the five year term. The City will receive $120,540.00 over the five year term from Coventry Connections versus $100,000.00 from Niagara Falls Taxi. CITY'S STRATEGIC COMMITMENT Providing safe, accessible, convenient, integrated and fiscally responsible transportation system that provides realistic travel options, thereby, creating a City that is truly accessible to locals and visitors. Recommended by: /./ Karl Dren, Director of Transportation Services L1A4/42j Respectfully submitted: Ken odd, Chief Administrative Officer DS C) O 3 3 C z n D 0 z co Dean Iorfida From: Carey Campbell Sent: Friday, October 30, 2015 4:47 PM To: 'Nedicl'; Dean Iorfida; Teresa Fabbro Subject: RE: Proclamation Request Hello Samita: Thank you for your email to Mayor Diodati. I have included our City Clerk, Dean Iorfida as well as Teresa Fabbro in his office in order to ensure this comes before City Council. Thank you for sending your request. Best regards, carey CAREY CAMPBELL Executive Officer Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 ccampbell@niagarafalls.ca See more of Mayor Jim at You Neof7 ire Original Message From: Nedicl [mailto: Sent: Friday, October 30, 2015 2:42 PM To:Jim Diodati Subject: Proclamation Request Dear Mayor Jim Diodati: I am writing to request your support in proclaiming February 1st to February 7th 2016 as Eating Disorder Awareness Week(EDAW) in Niagara Falls. Since 1988, EDAW has been commemorated across Canada by established organizations, education and public health institutions, and concerned members of the public. EDAW seeks to raise awareness of eating disorders, shed light on dangerous and pervasive myths, and promote prevention. It is also a time of year for Canadians to learn about available resources and appropriate services for themselves and/or loved ones. Founded in 1985, the National Eating Disorder Information Centre (NEDIC) is Canada's oldest national organization dedicated to helping those with eating disorders, food and weight preoccupation, and related issues. NEDIC was a founding member of the international drive to institute EDAW. We provide information, education, resources and referrals to individuals who are personally struggling, as well as to the family members, friends and professionals who support them. Our toll-free national helpline, the only one of its kind in Canada, operates Monday to Friday 9am to 9pm EST, allowing individuals from coast to coast to call after their regular school or business day.Through our programming and services, NEDIC is committed to prevention, building awareness and ensuring that people no longer suffer in silence. 1 Feel free to contact NEDIC if you have any questions or to notify us of the next steps! All the best, Samita This e-mail may contain confidential and/or privileged information for the sole use of the intended recipient. Any review or distribution by anyone other than the person for whom it was originally intended is strictly prohibited. If you have received this e-mail in error, please contact the sender and delete all copies. Opinions, conclusions or other information contained in this e-mail may not be that of the organization. 2 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to amend By-law No. 79-200, to add a three storey, 9 unit apartment building as a permitted use on the Lands (AM-2015-007). WHEREAS the City's Official Plan allows commercially designated land in excess of demand to be used for residential intensification; AND WHEREAS apartment buildings up to 4 storeys in height and 50-100 units per hectare can be considered within the Downtown Intensification Node; AND WHEREAS the proposed apartment building is 3 storeys in height, but provides a density of 129 units per hectare which exceeds the density range stipulated in the Official Plan; AND WHEREAS the City's Official Plan contains policies to ensure the creation of affordable housing in the City's built-up area and greenfield area and to provide the opportunity to approve zoning by-law amendments which permit an increase in building density as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by-law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise not permitted by the existing by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by- law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the density of the development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by the Official Plan, is to be permitted in return for the provision of facilities, services and matters set out in this by-law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City"); AND WHEREAS the facilities, services and matters secured under the aforesaid agreements is affordable housing; AND WHEREAS it is the express intent of Council that the building, authorized by this by-law, be and continue to be a source of affordable housing as defined by the 2014 Provincial Policy Statement, and any successor of that document. AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in density in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in density; 2 THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) An apartment building (b) The uses permitted in a GC zone 5. The regulations governing an apartment use shall be: (a) Minimum lot area 0.69 hectares (b) Minimum lot frontage 15.24 metres (c) Minimum interior side yard width 1.2 metres from the east lot line and 6.24 metres from the west lot line (d) Minimum front yard depth 1.2 metres (e) Minimum rear yard depth 22 metres (f) Maximum number of units 9 (g) Maximum lot coverage 23% (h) Minimum landscaped open space 27% of the lot area (i) Maximum height of a building or structure 10.5 metres (j) Maximum storeys 3 (k) Minimum number of parking spaces 4 6. The regulations governing the GC uses shall be the regulations specified in a GC zone. 7. The owner of the Lands is required, pursuant to subsection 37(3) of the Planning Act, to enter into an agreement with the City in order to secure the facilities, services and 3 matters referred to in section 8 of this by-law and such agreement is to be registered on title. 8. An apartment building shall only be permitted subject to the owners of the Lands agreeing to provide, and continuing to provide, affordable housing as defined by the 2014 Provincial Policy Statement, and any successor of that document. 9. No apartment building shall be erected until such time that an agreement pursuant to section 7 of this by-law is provided. 10. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 11. No person shall use the Lands for a use that is not a permitted use. 12. No person shall use the Lands in a manner that is contrary to the regulations. 13. The provisions of this by-law shall be shown on Sheet B5 of Schedule "A" of By-law No. 79-200 by numbering the Lands 1016. 14. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.1016 Refer to By-law No. 2015-_ Passed this eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015 Second Reading: December 8, 2015 Third Reading: December 8, 2015 S:\ZO N I N G\AMS\2015\By-laws\Bya m 007.docx SCHEDULE 1 TO BY-LAW No. 2015- Subject Land //J; r/////d HURON ST xi 15.24m D (` JP y. GC A ,, UiA Uy , W J /^ 3 • / ! ; 1016 J c 7K rn 15.24m -< D q 0 X H D MORRISON ST Amending Zoning By-law No. 79-200 Description: LT 14 BLK V PL 999-1000, City of Niagara Falls N Applicant: 2451513 Ontario Inc. c: Assessment #: 272501000405100 S AM-2015-07 1:NTS K:\GIS_Requests\2015\Schedules\Zoning\07\Zoning.map December 2015 CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to authorize the execution of a Section 37 Agreement with 2451513 Ontario Inc. pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by 2451513 Ontario Inc. in return for an amendment to By-law No. 79-200 for an increase in density to allow the development of a three storey, nine unit apartment building on lands owned by 2451513 Ontario Inc. and located on Huron Street, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Section 37 Agreement dated September 29th, 2015, and made between 2451513 Ontario Inc. as Owner, and The Corporation of the City of Niagara Falls as City, respecting the provision of certain facilities, services and matters by 2451513 Ontario Inc. in return for an amendment to By-law No. 79-200 for an increase in density to allow the development of a three storey, nine unit apartment building on lands owned by 2451513 Ontario Inc. and located on Huron Street, in the City of Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Section 37 Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Section 37 Agreement. Passed this eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015. Second Reading: December 8, 2015. Third Reading: December- 8, 2015. SECTION 37 AGREEMENT THIS AGREEMENT made this 29th day of September, 2015 BETWEEN: 2451513 ONTARIO INC. (hereinafter called the"Owner") -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the"City") RECITALS WHEREAS the Owner is the registered owner of lands in the City of Niagara Falls which are more particularly described in the attached Schedule"A" (the"Site"); AND WHEREAS the Owner has applied to the City to amend City of Niagara Falls Zoning By-law No. 79-200 seeking permission to increase density otherwise permitted to allow the development of a three storey, nine unit apartment building which shall provide affordable housing as that term is employed in the 2014 Provincial Policy Statement of the government of the Province of Ontario; AND WHEREAS section 37 of the Planning Act, R.S.O. 1990, c. P.13 as amended (the "Planning Act") permits the Council of the City to pass a zoning by-law to authorize increases in the height and density of development otherwise permitted by the by-law in return for the provision of such facilities, services or matters as are set out in the by-law; AND WHEREAS a by-law under subsection 37(1) of the Planning Act may not be enacted unless there is an Official Plan in effect in the municipality that contains provisions relating to the authorization of increases in height and density of development; AND WHEREAS the Official Plan for the City contains provisions relating to the authorization of an increase in density; AND WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of the Development, the City may require the owner to enter into an agreement with the City dealing with such facilities, services and matters; AND WHEREAS the density of the proposed three storey, nine unit apartment building exceeds the density that would normally be permitted at the Site; AND WHEREAS the facilities, services or matters to be provided by the Owner consists of Affordable Housing; AND WHEREAS the benefits of the Amending By-law will accrue to the Site irrespective of whether the Development described in this Agreement is, in fact, constructed; AND WHEREAS the Owner has elected to provide certain facilities, services and matters in return for an increase in density as set forth in the Amending By-law attached hereto as Schedule "B" and to enter into an agreement dealing with said facilities services and matters. NOW THEREFORE in consideration of the sum of TWO DOLLARS ($ 2.00) paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, and for other valuable consideration, the Owner and the City agree to and with each other as follows: 1. DEFINITIONS 1.1 For the purposes of this Agreement including within the recitals, the term: (1) "Affordable Housing "means Affordable Housing as defined by the 2014 Provincial Policy Statement of the Government of Ontario; (2) "Amending By-law" means the zoning by-law amendment substantially in the form attached hereto as Schedule"B"; (3) "Building Permit" means a permit issued pursuant to section 8 of the Building Code Act, 1992, S. O. 1992, c. 23, as amended or reenacted from time to time, to construct the Development or a portion thereof; (4) "Chief Building Official" means the Chief Building Official for the City and shall include his or her delegates; (5) "Council" means the Council of the City; (6) "Date of Final Approval of the Amending By-law" means the first day upon which all of the provisions of the Amending By- law have come into force in accordance with section 8.2 of this Agreement; (7) "Development" means the construction of and improvements to and on the Site that is the subject of the Amending By-law and as is described in the second recital to this Agreement; (8) "Director of Finance" means the Director of Finance of the City and shall include his or her delegates; (9) "Director of Municipal Works" means the Director of Municipal Works of the City and shall include his or her delegates; (10) "Director of Planning, Building and Development" means the Director of Planning, Building and Development of the City and shall include his or her delegates; (11) "Final Confirmation Date" has the meaning ascribed to it in section 8.1 of this Agreement; (12) "Parties" means the Owner and the City; (13) "Party" means any one of the Owner or the City; (14) "Public Benefit" means anything that the Parties or either of them acknowledge or agree is a public benefit within the terms of this Agreement; (15) "Site" means the lands described in Schedule "A" to this Agreement; (16) "Site Plan" means any plan approved by Council or its delegate pursuant to the Planning Act in connection with the Development; and (17) "Unwinding Date" has the meaning ascribed to it in section 4.5 of this Agreement. 1.2 The Parties confirm and agree that the recitals are true, accurate and form a part of this Agreement. 2. AFORDABLE HOUSING 2.1 The Owner acknowledges and agrees that the Development will exceed the density currently allowed under the property zoning and that, therefore, Council is entitled to require that the housing provided by the Development will be Affordable Housing. 2.2 The Owner acknowledges and agrees that the Development will provide Affordable Housing. 2.3 The Parties acknowledge and agree that the Affordable Housing described in this Agreement is a public benefit associated with the authorization of an increase in density allowed in the Development. 3. CONSENT TO AMENDING BY-LAW 3.1 The Owner consents to the enactment of the Amending By-law. 3.2 The Owner consents to the repeal of the Amending By-law by Council in the event that the Owner is in default of its obligations under this Agreement and the Owner has failed or refused to correct such default within ninety (90) days of notice of such default being given by the City, and the Owner further covenants and agrees not to appeal, object or otherwise challenge the repealing of the Amending By-law. 3.3 The City agrees that it shall not repeal the Amending By-law pursuant to section 3.2 if the alleged default is the subject of an arbitration that has been commenced by notice properly given under section 8 of this Agreement. If, following the final disposition of the arbitration mentioned in section 8, the Owner is in default, section 3.2 thereafter applies. 4. COMPLETION AND UNWINDING 4.1 The "Final Confirmation Date" shall be the second day (not including Saturdays, Sundays or holidays)following the later of: (a) the Date of Final Approval of the Amending By-law as defined in section 4.2; and (b) such other date as may be agreed to by the Parties, provided that the occurrence of the Final Confirmation Date shall be expressly conditional upon the Amending By-law being approved and in force on the Final Confirmation Date. 4.2 The "Date of Final Approval of the Amending By-law" shall be the first day upon which all provisions of the Amending By-law have come into force, and: (a) all applicable appeal periods have expired and no appeals have been made to the Ontario Municipal Board and no Applications to Court have been commenced; or (b) any and all appeals to the Ontario Municipal Board and any and all Applications to Court have been finally disposed of in favour of the Amending By-law, such that a Building Permit(s) could be issued by the City's Chief Building Official to permit the Development contemplated by the Amending By-law provided that there were no other reasons to warrant a refusal to issue the Building Permit(s). 4.3 On the Final Confirmation Date, the City and/or the Owner shall give written notice to the other Party that the Final Confirmation Date has occurred. 4.4 For the purposes of this Agreement, the term: (1) "Application to Court" means an Application for leave to appeal, an appeal, an application for judicial review, an application to quash pursuant to the Municipal Act, 2001, and an appeal from a Decision or Order in respect of any of these applications, that is made to a Court. (2) "Final Disposition"means any of the following events: (a) the entry of an Order of the Ontario Municipal Board that finally disposes of the Amending By-law by rejecting the Amending By-law or results in certain amendments to the Amending By-law; (b) the entry of an Order of the Ontario Municipal Board, that rejects the Amending By-law or results in certain amendments to the Amending By-law; or (c) the entry of an Order of the Court that finally disposes of an Application to Court by rejecting the Amending By-law or results in certain amendments to the Amending By- law. 4.5 (1) The date of the unwinding of this Agreement (the "Unwinding Date"), should it occur, will be the earlier of: (a) the date of the Final Disposition of the Amending By-law if the Final Disposition rejects the Amending By-law; and (b) the date of expiry of a sixty (60) day period specified in a Notice of Termination which is given pursuant to subsections 4.5(2), 4.5(3) or 4.5(4)of this Agreement. (2) If a Final Disposition of the Amending By-law results in the Amending By-law coming into force with modifications or amendments, then within thirty (30) days of the Final Disposition, either Party may give to the other Party sixty (60) days written notice terminating this Agreement (the "Notice of Termination"). Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period specified in the Notice of Termination. If a Notice of Termination is not given in accordance with this subsection, the modifications or amendment(s) to the Amending By-law shall be deemed to be a "Permitted Amendment(s)" for the purposes of this Agreement. (3) If, as a result of being required to do so by the Final Disposition of the Amending By-law, Council passes or adopts a modification(s) or amendment(s) to the Amending By-law which is not one of the Permitted Amendments, then, within thirty (30) days from the date of passage of said modification(s) or amendment(s) the City shall give notice to the Owner of the passing or adoption of such modification(s) and amendment(s). Within sixty (60) days, written Notice of Termination may be given by either Party to the other Party. After Council passes or adopts said modification(s) or amendment(s), the City shall give notice thereof to the Owner forthwith. Unless the Parties agree otherwise, the Unwinding Date shall occur on the expiry of the sixty (60) day period given in accordance with this subsection, the modification(s) or amendment(s) shall be deemed to be a Permitted Amendment for the purposes of this Agreement. (4) If the Final Confirmation Date has not occurred on or before two years from the date that Council passes a by-law in the form set out in Schedule "B" attached hereto, then written Notice of Termination may be given by either Party to the other Party. Unless on or prior to the expiry of sixty (60) days after the date on which the Notice of Termination was given, either the Date of Final Approval of the Amending By-law occurs, or the Parties hereby agree otherwise in writing, the Unwinding Date shall occur on the expiry of the sixty(60)day period. (5) The Owner acknowledges and agrees that, without fettering Council in the exercise of its discretionary power, Council may, on or after the Unwinding Date, repeal the Amending By-law with the object of restoring the zoning by-law provisions applicable to the Site to the state they were in on the day immediately prior to the date of the passing of the Amending By- law. The Owner further agrees that it will not challenge or object to the passing, approval or coming into force of any such rescinding by-law(s). (6) On the Unwinding Date, the Director of Finance shall return to the Owner any cash payment or Letter of Credit deposited by the Owner with the City in accordance with this Agreement without interest. 5. INTENTION OF PARTIES 5.1 The provisions of this Agreement are not intended to operate, nor shall have the effect of operating, to in any way fetter the Council that authorized the execution of this Agreement or any of its successors in the exercise of any of Council's discretionary powers. Without limiting the generality of the foregoing, such discretionary powers include the power to pass, amend or repeal a by-law; to adopt, amend or rescind official plan amendments; and to approve or withhold approval to permit any demolition, relocation, construction or alteration of any building. 6. JURISDICTION AND SEVERABILITY 6.1 The Parties acknowledge that this Agreement is entered into pursuant to subsection 37(3) of the Planning Act. If a Court of competent jurisdiction, on an application by a party other than the Parties hereto, determines that this Agreement is illegal or beyond the power and jurisdiction of the City and if the Owner has not, acting in good faith, commenced the construction of the Development, the Owner agrees that the Amending By-law may be repealed by the City and the Owner further agrees not to oppose, or cause to be opposed, the repeal thereof. 6.2 If a Court of competent jurisdiction determines that any individual provision of this Agreement is illegal or beyond the jurisdiction, power of capacity of any Party bound by this Agreement, the provision shall be severed from this Agreement if both Parties agree, and the remainder of the Agreement shall continue in full force and effect, mutatis mutandis. In such case, the Parties agree to negotiate in good faith to make any amendments to this Agreement that are, as a result, necessary to implement the intentions of this Agreement. If the Parties cannot agree that such provision or provisions shall be severed, or if negotiations to amend the Agreement are not successful, the Parties hereto agree that the same shall be settled by Arbitration in accordance with the provisions of sectionl3 hereof. 6.3 The Parties acknowledge and agree that each is satisfied as to the jurisdiction of the City to pass the Amending By-law. Furthermore, each Party is satisfied as to the jurisdiction, power and capacity of the other to enter into this Agreement. The Parties therefore agree that they shall not challenge the jurisdiction, power and capacity of the other Party to enter into this Agreement nor shall either Party challenge the legality of any provision in this Agreement. The Parties hereto, their successors, assigns, lessees and sub-lessees are and shall be estopped from contending otherwise in any proceeding before a Court of competent jurisdiction. 7. ENUREMENT 7.1 The Parties agree that this Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. 7.2 Notwithstanding anything in this Agreement to the contrary, if the City acquires by any means any part of the Site for any municipal purpose, including road widenings, the City shall not thereby become an owner as contemplated herein, nor shall the City be bound by this Agreement as an owner of the Site. 7.3 The Owner agrees that the rights, restrictions, duties, provisos, conditions and obligations herein contained as they apply to the Owner shall run with the Site until they have been fully performed and thereafter shall cease to apply to the Site. When the Owner has fully performed all of its obligations hereunder the City shall provide, a full release of this Agreement in registrable form. 7.4 The Parties agree that neither of them can assign or transfer their interest in this Agreement to any other third party without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 8. NOTICES 8.1 Any notices to be given under this Agreement shall be in writing and shall be delivered personally or by facsimile transmission only as follows: To the Owner: 2451513 Ontario Inc. 1510 Balfour Street Fenwick, ON LOS 1C0 To the City: The Corporation of the City of Niagara Falls P.O.Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 To the Attention of: The Director of Planning, Building and Development Telephone: (905) 356-7521 Facsimile: (905) 356-2354 The Parties shall immediately notify each other, in writing, of any changes of address or facsimile number from those set out above. 8.2 Notice shall be deemed to have been received by a Party on the date of personal delivery or confirmed facsimile transmission. 9. FURTHER ASSURANCES 9.1 The Parties hereto agree that, at all times and from time to time hereafter upon every reasonable written request to do so, they shall make, execute, deliver and cause to be made, executed and delivered all such further acts, deeds, assurances and things as may be required for more effectively implementing and carrying out the true intent and meaning of this Agreement. 10. FORCE MAJEURE 10.1 If either Party is bona fide delayed in or prevented from performing any obligation under this Agreement by reason of a labour disruption, civil disturbance, act of God, government laws or directives, or similar impediment, and not caused by its own default and not avoidable by exercise of reasonable effort or foresight, then the performance of such obligation is excused for as long as such cause exists. Furthermore, the Party so delayed shall be and is entitled, without being in breach of this Agreement, to carry out such obligation within the appropriate time period after the cessation of such cause. 10.2 Nothing in section 10.1 shall operate to excuse the Owner from providing Affordable Housing in accordance with the terms of this Agreement. 11. REGISTRATION OF AGREEMENT AND CONVEYANCE OF THE SITE 11.1 The Owner consents to the registration of this Agreement, or a notice of it, against the title to the Site at the Owner's expense. 11.2 The Owner agrees to provide to the City, prior to the registration of this Agreement and at no cost to the City, any postponements that are necessary to ensure that this Agreement, when registered, will have priority over all other interests in the Site, other than the fee simple interest and any permitted encumbrances. 11.3 The Owner agrees that it will provide to the City, prior to registration of this Agreement, a solicitor's title opinion, satisfactory to the City's Solicitor, confirming that this Agreement, when registered, will have priority over all other interests in the Site other than the fee simple interest and the Permitted Encumbrances. 11.4 The Owner shall not convey or transfer ownership in the Site by any means without the express written consent of the City which consent shall not be unreasonably withheld. 12. TAXES 12.1 The Owner agrees to pay, and fully indemnify the City in respect of, any taxes, including taxes under the Excise Tax Act (Goods and Services Tax), Land Transfer Tax, and/or registration fees, associated with the benefit to the City of any facility, service, matter or thing referenced in this Agreement and provided to the City for the benefit of the City by the Owner, including any facility, service, matter or thing required under Section 41 of the Planning Act, provided: (a) such indemnity shall be net of any rebate available to the City; and (b) the Owner may defend against the imposition of such taxes in the name of the City provided that the Owner may, in such event, elect to pay and satisfy any such claim for taxes and in such event the City shall inform the Owner fully of such claim for taxes and shall offer the Owner every co-operation in the defence of said claim for taxes. 13. ARBITRATION 13.1 If any claim or dispute shall arise with respect to any of the provisions herein, including but not limited to application of the formulae set out herein, or the performance or non-performance by either Party of the provisions hereof, either Party may, by service of a notice in writing to the other Party, require that such claim or dispute be submitted to and settled by a single arbitrator pursuant to the provisions of the Arbitrations Act, 1991, S.O. 1991, c. 17, as amended, whose decision shall be conclusive and binding upon the Parties, and judgment shall be rendered thereon, provided however, that the Parties shall continue their performance of the terms and conditions of this Agreement before and during any such arbitration proceeding to the extent possible. The cost of any such arbitration shall be borne equally by the Owner and the City; the Parties shall bear their own legal and consultant costs. 14. COMMENCEMENT 14.1 This Agreement commences on the date shown on the first page hereof. 15. SCHEDULES 15.1 The following Schedules attached to this Agreement are to be read as and shall form part of this Agreement: Schedule"A" Legal description of the Site Schedule"B" Amending By-law 16. INTERPRETATION 16.1 The headings in the body of this Agreement have been inserted for convenience of reference only and do not form part of the Agreement. 16.2 This Agreement shall be construed and enforced in accordance with, and rights of the Parties shall be governed by, the laws of the Province of Ontario and of Canada applicable therein, and shall be treated in all respects as an Ontario contract, and the Parties submit to the jurisdiction of the courts of the Province of Ontario. 16.3 This Agreement shall be construed with all changes in number and gender as may be required by the context. 16.4 Reference to an official of the City in this Agreement is deemed to include a reference to the official of the City who performs the duties of such referenced official from time to time. 16.5 Time is of the essence in this Agreement. 16.6 The failure of the City to require performance by the Owner of any obligation under this Agreement shall not constitute a waiver of performance of said obligation or any other obligation and shall not affect the City's right to enforce such obligation at a later time. 16.7 This Agreement shall constitute the entire Agreement between the Parties in respect of the subject matter herein contained, and it is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement other than as expressed herein. 16.8 This Agreement may only be amended, modified or supplemented by a written agreement signed by all of the Parties hereto. 16.9 Any payment tendered by the Owner pursuant to this Agreement shall be in cash, bank draft or certified cheque and shall be delivered to the Director of Finance. IN WITNESS WHEREOF the Parties have executed this Agreement by affixing their corporate seals, attested to by the signatures of their duly authorized signing officers. 2451513 ONTARIQINC.------- Per: ( -Name `j r 1 w Title: , ) Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk SCHEDULE "A" LEGAL DESCRIPTION OF THE SITE Lot 14, Block V, Plan 999-1000; City of Niagara Falls, being all of PIN#64329-0254 SCHEDULE "B" AMENDING BY-LAW CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend By-law No. 79-200, to add a three storey, 9 unit apartment building as a permitted use on the Lands(AM-2015-007). WHEREAS the City's Official Plan allows commercially designated land in excess of demand to be used for residential intensification; AND WHEREAS apartment buildings up to 4 storeys in height and 50-100 units per hectare can be considered within the Downtown Intensification Node; AND WHEREAS the proposed apartment building is 3 storeys in height, but provides a density of 129 units per hectare which exceeds the density range stipulated in the Official Plan; AND WHEREAS the City's Official Plan contains policies to ensure the creation of affordable housing in the City's built-up area and greenfield area and to provide the opportunity to approve zoning by-law amendments which permit an increase in building density as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by-law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise not permitted by the existing by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by- law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the density of the development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by the Official Plan, is to be permitted in return for the provision of facilities, services and matters set out in this by-law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls(hereinafter referred to as the"City"); AND WHEREAS the facilities, services and matters secured under the aforesaid agreements is affordable housing; AND WHEREAS it is the express intent of Council that the building, authorized by this by-law, be and continue to be a source of affordable housing as defined by the 2014 Provincial Policy Statement, and any successor of that document. AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in density in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in density; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200,the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) An apartment building (b) The uses permitted in a GC zone 5. The regulations governing an apartment use shall be: (a) Minimum lot area 0.69 hectares (b) Minimum lot frontage 15.24 metres (c) Minimum interior side yard width 1.2 metres from the east lot line and 6.24 metres from the west lot line (d) Minimum front yard depth 1.2 metres (e) Minimum rear yard depth 22 metres (f) Maximum number of units 9 (g) Maximum lot coverage 23% (h) Minimum landscaped open space 27%of the lot area (i) Maximum height of a building or 10.5 metres structure (j) Maximum storeys 3 (k) Minimum number of parking spaces 4 6. The regulations governing the GC uses shall be the regulations specified in a GC zone. 7. The owner of the Lands is required, pursuant to subsection 37(3)of the Planning Act, to enter into an agreement with the City in order to secure the facilities, services and matters referred to in section 8 of this by-law and such agreement is to be registered on title. 8. An apartment building shall only be permitted subject to the owners of the Lands agreeing to provide, and continuing to provide, affordable housing as defined by the 2014 Provincial Policy Statement, and any successor of that document. 9. No apartment building shall be erected until such time that an agreement pursuant to section 7 of this by-law is provided. 10. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands,with all necessary changes in detail. 11. No person shall use the Lands for a use that is not a permitted use. 12. No person shall use the Lands in a manner that is contrary to the regulations. 13. The provisions of this by-law shall be shown on Sheet B5 of Schedule"A"of By-law No. 79-200 by numbering the Lands 1016. 14. Section 20 of By-law No. 79-200 is amended by adding thereto. 20.1.1016 Refer to By-law No. 2015-_ Passed this eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015 Second Reading: December 8, 2015 Third Reading: December 8, 2015 SCHEDULE 1 TO BY-LAW No. 2015' Subject Land HURON ST tal 15.24m Yfr ct• (.11 / a 3 1 0 1 6 a) 15.24m S 9c MORRISON ST Amending Zoning By-law No. 79-200 Description: LT 14 BLK V PL 999-1000,City of Niagara Falls N Applicant: 2451513 Ontario Inc. Assessment#: 272501000405100 s AM-2015-07 1 NTS K\GIS Requests\2015\SchedulesVoning\07Voning map December 201 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to provide for the adoption of Amendment No. 121 to the City of Niagara Falls Official Plan (AM-2014-04). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 121 to the City of Niagara Falls Official Plan is hereby adopted. Passed this eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015 Second Reading: December 8, 2015 Third Reading: December 8, 2015 S:\OFFICIAL.PLN\AMEND\#121\BYLAW 121.docx PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the explanatory text, constitute Amendment No. 121 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 121", shall be identified as Special Policy Area "70" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 13.70 SPECIAL POLICY AREA "70" Special Policy Area "70" applies to 1.41 hectares of land on the west side of Dorchester Road, south of Lundy's Lane. Notwithstanding the policies contained in Part 2, Section 1, Subsection 1.15.5, this land may be developed for apartment dwellings with a maximum density of 109 units per hectare. S:\OFFICIAL.PLN\AMEND\#121 -5971 Dorchester Road\BODY.docx MAP 1 TO AMENDMENT NO. 121 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change to Add: SPECIAL POLICY AREA "70" LUNDY'S LN C) O Z t ------- LSPENCE ST C) O BARKER ST BARKER ST Fri r r O C) C) 0 CRESCENT RD IMPERIAL CT CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE -A - FUTURE LAND USE PLAN N W E ® TOURIST COMMERCIAL 111111 RESIDENTIAL S 1:NTS AM-2014-004 NOTE:This schedule forms part of Amendment No. 109 to the Official Plan for the City of Niagara Falls K,,,ois koyue s Dias neawe,zo ooa'zo g map and it must be read in conjunction with the written text. November 2015 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend By-law No. 79-200, in accordance with a Decision issued by the Ontario Municipal Board dated November 17, 2015, to rezone the Lands to a site- specific R5C zone to permit the development of two apartment buildings having a total of 154 dwelling units (AM-2014-004). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R5C zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 91.36 square metres for each dwelling unit (b) Maximum number of dwelling units 154 (c) Minimum front yard 8.3 metres (d) Minimum interior side yard (i) from the north lot line 8.9 metres (ii) from the south lot line 17 metres (e) Maximum height of buildings and structures including a pitched roof (i) on the north half of the Lands 18 metres (ii) on the south half of the Lands 15 metres 2 (f) Maximum number of storeys (i) on the north half of the Lands 5 (ii) on the south half of the Lands 4 (g) Minimum rear yard 28.6 metres (h) Maximum number of apartment 2 buildings (i) Minimum landscaped open space 38.4% of the lot area (j) Maximum yard encroachment of 1.75 metres balconies (k) Minimum number of parking 1.27 spaces per dwelling unit spaces (I) The balance of regulations specified for a R5C use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C4 of Schedule "A" of By- law No. 79-200 by redesignating the Lands from Ito R5C and numbered 1018. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.1018 Refer to By-law No. 2015- Passed this eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015 Second Reading: December 8, 2015 Third Reading: December 8, 2015 S:\ZONINGAMS\2014\By-laws\Byam004.docx SCHEDULE 1 TO BY-LAW No. Subject Land //l N LUNDY'S LN S 1:NTS 0 156.97m cc cc /,-' //////// / ////////// ///i/ Q om; ,%, /; / , ///////,'A / / '/ f //J ;' / / i/ / . / . / ////// / w ' / f / // /// SPENCE ST Y / //r` r /'RSC ' // £ r/J 1018% i / , 156.97m BARKER ST BARKER ST Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 141 Stamford As In ST16595 & ST39238; Niagara Falls Applicant: Strategy 4 Inc. Assessment #: 272507001710700 AM-2014-004 K:\GIS_Requests\2014\Schedule\Zoning\004\Zoning.map November 2015 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend By-law No. 79-200, to regulate the development of a commercial plaza on the Lands (AM-2015-008). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a GC zone. 5. The regulations governing the permitted uses shall be: (a) Minimum landscaped open space a 3 metre wide landscaped open space strip along and adjacent to each lot line, save and except for any driveway entrances (b) The balance of regulations specified for a GC use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is nota permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheets B5 and B6 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from DH to GC and numbered 1015. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.1015 Refer to By-law No. 2015- . 2 Passed this twenty-fourth day of November, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 24, 2015 Second Reading: November 24, 2015 Third Reading: November 24, 2015 S:\ZONING\AMS\2015\By-laws\Byam008.docx SCHEDULE 1 TO BY-LAW No. 2015- Subject 015-Subject Land ' J MCLEOD RD 51.6m >>2 /; (71' /,/ 1015 1015 •// 3 / 3 61 m Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 180 Stamford As In AA1337 Except Pt 2, 59R13486; Niagara Falls N Applicant: Giuliana Procopio Assessment #: 272511000207300 S AM-2015-08 1:NTS K:\GIS_Requests\2015\Schedules\Zoning\08\Zoning.map October 2015 CITY OF NIAGARA FALLS By-law No. 2015 - 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. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule "C", and that Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this 8th day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015. Second Reading: December 8, 2015. Third Reading: December 8, 2015. SCHEDULE "C" Parking By-law Enforcement Officers: William Ayotte Sylvio Basque Gabe Bogucki Marzenna Carrick Marianne Catherwood Julio Cavaliere Bob Chambers Gina Charette-Miller Joe Corradi Bill Crowder Larry Desormeaux Mario Digianni Bob DiGirolamo Larry Downing John Garvie Lou Hussey Norm Leonard John MacLeod John McPherson Mike Rodgers Stewart Rodgers Philip Rudachuk Chris Russell Dave Simpson Randy Tait Charles (Chuck) Wolkowich CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . An Agreement, in the form attached hereto, authorizing the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program, is hereby approved. 2. The Mayor and Treasurer are hereby authorized to execute the said 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 eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015. Second Reading: December 8, 2015. Third Reading: December 8, 2015. Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3`d Floor Edifice Ferguson, 3e etage .02i 77 Wellesley St.West 77, rue Wellesley ouest Toronto, Ontario Toronto(Ontario) Ontario M7A 1Z8 M7A 1Z8 416-327-9200 416-327-9200 www.ontario.ca/transportation www.ontario.ca/transports November 12, 2015 His Worship Jim Diodati Mayor City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati: RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement") This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry maintains a Dedicated Gas Tax Funds for Public Transportation Program (the "Program"), under which two cents of the existing provincial gas tax is provided to municipalities for public transportation expenditures. Following the passage of the Dedicated Funding for Public Transportation Act, 2013 (the "DFPTA"), a portion of the tax that is paid to Ontario under the Gasoline Tax Act in each fiscal year is dedicated to the provision of grants, including those pursuant to the Program, to municipalities for public transportation. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas Tax Funds for Public Transportation Program 2015/2016 Guidelines and Requirements (the "guidelines and requirements"). In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the Program in an amount up to ../2 -2- $1,275,552 in accordance with, and subject to, the terms set out in this Letter of Agreement and the guidelines and requirements, with $956,664 payable on receipt of this signed Letter of Agreement and related authorizing municipal by-law(s), and any remaining payment(s) payable thereafter. 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry's sole discretion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements. 3. If the Municipality receives dedicated gas tax funds on behalf of any other municipality, and the other municipality has agreed to the Municipality collecting the dedicated gas tax funds on its behalf, the Municipality shall provide, upon request and in compliance with the requirements set out in the guidelines and requirements, any applicable municipal by-law and legal agreement between the Municipality and the other municipality providing for such arrangement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality shall deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds and any related interest only in accordance with the guidelines and requirements. 5. The Municipality shall adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6, The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under the Program, and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the 2015/2016 Program year. 7. The Ministry may terminate this Letter of Agreement at any time, without cause, liability, penalty or costs upon giving at least sixty (60) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement without cause, it may cancel all further dedicated gas tax funds payments. Where the Ministry has terminated this Letter of Agreement under this Section, the Ministry may, after determining the Municipality's reasonable costs to terminate any binding agreement for any eligible public transportation service acquired, or to be acquired, with dedicated gas tax funds provided under this Letter of Agreement, provide the Municipality with additional funding to offset, in whole or in part, such costs. The additional funding may be provided only if there is an appropriation for this purpose, and in no event shall the additional funding result in the total funding under this Letter of Agreement exceeding the amount specified under Section 1. 8. Any provisions, including those in the guidelines and requirements, which by their nature are intended to survive the termination or expiration of this Letter of Agreement, shall survive its termination or expiration. ../3 -3- 9. This Letter of Agreement may only be amended by a written agreement duly executed by the Ministry and the Municipality. 10. The Municipality agrees that it will not assign any of its rights or obligations under this Letter of Agreement. 11. The invalidity or unenforceability of any provision of the Letter of Agreement will not affect the validity or enforceability of any other provision of the Letter of Agreement. Any invalid or unenforceable provision will be deemed to be severed. 12. The term of this Letter of Agreement will commence on the date of the last signature of this Letter of Agreement. 13. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to: Ministry of Transportation Division Services and Program Management Office 27th Floor, Suite #2702 777 Bay Street, Toronto, Ontario M7A 2J8 Once the Ministry has received the signed copies of this Letter of Agreement and a copy of the authorizing municipal by-law, the Ministry will make arrangements for the payment of the dedicated gas tax funds to the Municipality. Yours sincerely, 796' Steven Del Duca Minister of Transportation I have read and understand the terms of this Letter of Agreement, as set out above, and, by signing below, I am signifying the Municipality's consent to be bound by these terms. City of Niagara Falls Per: Date: Mayor Per: Date: Chief Financial Officer/Treasurer CITY OF NIAGARA FALLS By-law No. 2015 - A By-law to amend By-law 89-155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By-law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By-law No. 89-155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof. 2. By-law No. 2014-171 is hereby repealed. Passed this eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015. Second Reading: December 8, 2015. Third Reading: December 8, 2015. January 2016 January 2016 Su Mo Tu We Th Fr Sa 1 2 9 18 179 20 21 22 23 SCHEDULE"A"S3 11 12 13 14 4 5 6 7 8 16 24 25 26 27 28 29 30 31 February 2016 Su Mo Tu We Th Fr 5a 1 2 3 4 5 6 7 8 9 10 11 12 13 26 27 14 15 1 17 24 L 19 20 21 29 23 S 28 29 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Dec 27 28 29 30 31 Jan 1, 16 2 N N (N co M rrl 0 (N (N —1 N N InN r, nn .. 3 4 5 6 7 8 9 10 11 12 13 [14 15 16 5:OOpm Council Budg 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5:OOpm Council Meet 31 Feb 1 2 3 4 5 6 " 01 2015 1(1.1A AM ScheduleCouncil February 2 016 February 2016 Su Mo Tu We Th Fr 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 March 2016 Sa Su Mo Tu We Th Fr Sa 6 1 2 3 4 5 13 6 7 8 9 10 11 12 20 13 14 15 16 17 18 19 27 20 21 22 23 24 25 26 27 28 29 30 31 Feb 28 - Mar 5 Feb 21 - 27 Feb 14 - 20 Feb 7 - 13 Jan 31 - Feb 6 11 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 31 Feb 1 2 3 4 5 6 7 8 9 10 11 12 13 5:OOpm Council Meet 14 15 16 17 18 19 20 Family Day 21 22 23 24 25 26 27 5:OOpm Council Meet 28 29 Mar 1 2 3 4 5 ScheduleCouncil 2 12/01/2015 10:16 AM March 2016 March 2016 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April 2016 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Mar 27 - Apr 2 Mar 20 - 26 Mar 13 - 19 Mar 6 - 12 Feb 28 - Mar 5 Ili Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 28 29 Mar 1 2 3 4 5 6 7 8 9 10 11 12 5:OOpm Council Meet 13 14 15 16 17 18 19 March Break 20 21 22 23 24 25 26 5:OOpm Council Meet Good Friday 27 28 29 30 31 Apr 1 2 Easter Monday ScheduleCouncil 3 12/01/2015 10:16 AM April 2 016 April 2016 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 May 2016 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Apr24-30 Apr 17-23 Apr 10_16 Apr 3 - 9 Mar 27 - Apr 2 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mar 27 28 29 30 31 Apr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 5:OOpm Council Meet 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5:OOpm Council Meet ScheduleCouncil 4 12/01/2015 10:16 AM May 2016 May 2016 Su Mo Tu We Th Fr 1 2 3 4 5 6 8 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31 une2016 Sa Su Mo Tu We 7 1 14 5 6 7 8 21 12 13 14 15 28 19 20 21 22 26 27 28 29 Th Fr Sa 2 3 4 9 10 11 16 17 18 23 24 25 30 May 29 - Jun 4 May 22-28 Mayl5-21 May 8 - 14 May 1-7 11 Sunday Monday Tuesday Wednesday Thursday Friday Saturday May l 2 3 4 5 6 7 8 9 10 11 12 13 14 5:OOpm Council Meet 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Victoria Day 29 30 31 Jun1 2 3 4 ScheduleCouncil 5 12/01/2015 10:16 AM June 2016 Su Mo Tu June 2016 We Th Fr 1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 July 2016 Sa Su Mo Tu We 4 11 3 4 5 6 18 10 11 12 13 25 17 18 19 20 24 25 26 27 31 Th Fr Sa 1 2 7 8 9 14 15 16 21 22 23 28 29 30 Jun 26 - Jul 2 Jun 19 - 25 Jun 12 - 18 Jun 5 - 11 May 29 - Jun 4 Sunday Monday Tuesday Wednesday Thursday Friday Saturday May 29 30 31 Jun 1 2 3 4 5 6 7 f8 9 10 11 12 13 14 15 16 17 18 5:OOpm Council Meet 19 20 21 22 23 24 25 26 27 28 29 30 Jul 1 2 ScheduleCouncil 6 12/01/2015 10:16 AM July 2016 July 2016 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1L7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Augus Su Mo Tu We 1 2 3 7 8 9 10 14 15 16 17 21 22 23 14 28 29 30 31 2016 Th Fr Sa 4 5 6 11 12 13 18 19 20 25 26 27 7/31 - 8/5 7/24 - 29 7/17 - 22 7/10 - 15 7/3 - 8 6/26 - 7/1 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jun 26 27 28 29 30 Jul 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 5:OOpm Council Meet 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Aug 1 2 3 4 5 6 ScheduleCouncil 7 12/01/2015 10:16 AM August 2 016 Su 7 14 21 28 August 2016 Mo Tu We Th Fr 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 September 2016 Sa Su Mo Tu We Th Fr Sa 6 1 2 3 13 4 5 6 7 8 9 10 20 11 12 13 14 15 16 17 27 18 19 20 21 22 23 24 25 26 27 28 29 30 Aug 28 - Sep 3 Aug 21 - 27 Aug 14 - 20 Aug 7 - 13 Jul 31 - Aug 6 II Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jul 31 Aug 1 2 3 4 5 6 Civic Holiday 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AMO; Windsor 21 22 23 24 25 26 27 5:OOpm ` Council Meet 28 29 30 31 Sep 1 2 3 ScheduleCouncil 8 12/01/2015 10:16 AM September 2016 Su 4 11 18 25 Mo September 2016 Tu We Th Fr 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 October 2016 Sa Su Mo Tu We Th Fr Sa 3 1 10 2 3 4 5 6 7 8 17 9 10 11 12 13 14 15 24 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sep 25 - Oct 1 Sep 18 - 24 Sep 11 - 17 Sep 4 - 10 Aug 28 - Sep 3 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Aug 28 29 30 31 Sep 1 2 3 4 5 6 7 8 9 10 Labour Day 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oct 1 5:OOpm Council Meet ScheduleCouncil 12/01/2015 10:16 AM October 2 016 Su Mo TOctober 2016 Tu We Th Fr 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 23 24 25 26 27 28 30 31 November 2016 Sa Su Mo Tu We Th Fr Sa 1 1 2 3 4 5 8 6 7 8 9 10 11 12 15 13 14 15 16 17 18 19 22 20 21 22 23 24 25 26 29 27 28 29 30 10/30 - 11/4 10/23_ 28 10/16 - 21 10/9 - 14 10/2 - 7 9/25 - 30 11 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sep 25 26 27 28 29 30 Oct 1 2 3 4 `5 6 7 8 9 10 11 12 13 14 15 Thanksgiving 16 17 18 19 20 21 22 23 24 25 26 27 28 29 5:OOpm Council Meet 30 31 Nov 1 2 3 4 5 ScheduleCouncil 10 12/01/2015 10:16 AM November 2016 Su 6 13 20 27 November 2016 Mo Tu We Th Fr 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 December 2016 Sa Su Mo Tu We Th Fr Sa 5 1 2 3 12 4 5 6 7 8 9 10 19 11 12 13 14 15 16 17 26 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Nov27-Dec3 Nov 20-26 Novl3-19 Nov6-12 Oct 30 - Nov y Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 30 31 Nov 1 2 3 4 5 6 7 8 `9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5:OOpm Council Meet 27 28 29 30 Dec 1 2 3 ScheduleCouncil 11 12/01/2015 10:16 AM December 2 016 Su 4 11 18 25 Mo December 2016 Tu We Th Fr 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 January 2017 5a Su Mo Tu We Th Fr 5a 3 1 2 3 4 5 6 7 10 8 9 10 11 12 13 14 17 15 16 17 18 19 20 21 24 22 23 24 25 26 27 28 31 29 30 31 Dec25-31 Dec 18-24 Decll-17 Dec 4-10 Nov27-Dec3 II Sunday Monday Tuesday Wednesday Thursday Friday Saturday Nov 27 28 29 30 Dec 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 5:OOpm Council Meet 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ScheduleCouncil 12 12/01/2015 10:16 AM CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of December, 2015. 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 8th day of December, 2015 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this eighth day of December, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 8, 2015 Second Reading: December 8, 2015 Third Reading: December 8, 2015