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09-10-2024 AGENDA City Council Meeting 4:00 PM - Tuesday, September 10, 2024 Council Chambers/Zoom App. All Council Meetings are open to the public in person, in Council Chambers or watched virtually. All electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. CALL TO ORDER O Canada: Heidi Joshua (singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of August 13, 2024 City Council - 13 Aug 2024 - Minutes - Pdf 9 - 33 3. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 4. MAYOR'S REPORTS, ANNOUNCEMENTS 5. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 5.1. Fire Chief's Coin Presentation - Welland River Water Rescue (Added) Fire Chief, Jo Zambito will recognize 3 persons whom provided rescue efforts in the Welland River earlier this summer. 5.2. Appointment Request - Resident, Andrea Giacometti - Trees on private property (POSTPONED from previous meeting - August 13, 2024) Resident Andrea Giacometti informed staff of her wish to 34 - 37 Page 1 of 296 postpone her presentation before Council regarding her concerns around trees on private property. Attached is an email sent to staff outlining her concerns. Correspondence from Andrea Giacometti 5.3. Delegation Request - David Rupay Resident David Rupay to address Council regarding the current situation with the Upper Quarry application. 6. PLANNING MATTERS 6.1. PBD-2024-37 AM-2024-010, Official Plan & Zoning By-law Amendment 4280 Fourth Avenue Proposal: To increase the density permitted and rezone the subject lands to facilitate the development of five (5) stacked townhouse blocks for a total of seventy-two (72) two- bedroom dwelling units. Applicant: 1274505 Ontario Ltd. Agent: Aaron Butler (NPG Planning Solutions) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2024-37. PBD-2024-37 - Pdf Presentation (Staff) AM-2024-010 - 4280 Fourth Avenue - Public Meeting Presentation (Agent) - 4280 Fourth Avenue - Statutory Public Hearing 38 - 81 6.2. PBD-2024-38 AM-2024-013, Zoning By-law Amendment 5234-5276, 5278 & 5284 Ferry Street and 5928 Clark Avenue Proposal: To permit the development of a hotel with two 30 - storey towers connected by a 4-storey podium, containing 548 hotel rooms. Applicant: 2550185 Ontario Inc. Agent: Max Fedchyshak (Niagara Planning Solutions) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2024-38. 82 - 128 Page 2 of 296 PBD-2024-38 - Pdf Presentation (Staff) - AM-2024-013 - Ferry Street - Public Meeting Presentation (Agent) -Ferry-Clark PM 7. IN CAMERA SESSION OF COUNCIL 7.1. In-Camera Resolution (updated) September 10, 2024 - Resolution to go In-Camera 129 8. REPORTS 8.1. BDD-2024-04 Downtown Committee BDD-2024-04 - Pdf 130 - 133 8.2. CLK-2024-03 Fee Waiver Applications - September 2024 Submissions CLK-2023-03 - Fee Waiver Applications - - Pdf 134 - 155 8.3. CLK-2024-05 2025 Council Meeting Schedule CLK-2024-05 - Pdf 156 - 158 8.4. COMM-2024-01 Strategic Plan Update COMM-2024-01 - Pdf 159 - 162 8.5. F-2024-34 2022 Corporation of the City of Niagara Falls (Draft) Audited Consolidated Financial Statements F-2024-34 2022 Corporation of the City of Niagara Falls (Draft) Audited Consolidated Financial Statements - Pdf 163 - 213 8.6. R&C-2024-14 MacBain Community Centre Cafe Options 214 - 226 Page 3 of 296 R&C-2024-14 - Pdf 8.7. PBD-2024-39 (Report added) Community Improvement Plan Review PBD-2024-39 - Pdf 227 - 238 8.8. F-2024-37 (Report added) Capital Project Closing and Adjustments Report as at August 31, 2024 F-2024-37 - Capital Project Closing and Adjustments Report as at August 31, 2024 - Pdf 239 - 252 9. 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. 9.1. F-2024-31 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 F-2024-31 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 - Pdf 253 - 255 9.2. F-2024-33 Q2 Parking Fund Budget to Actual Variance (Unaudited) F-2024-33 Q2 Parking Fund Budget to Actual Variance (Unaudited) - Pdf 256 - 259 9.3. MW-2024-37 Grand Niagara Development Sewer Allocation MW-2024-37 - Pdf 260 - 263 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as Page 4 of 296 correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.2. 10.1. Noise By-law Exemption Request - Backyard Wedding Attached is an email from residents, Jesse and Heather, requesting Council approve a Noise By-law exemption for a wedding reception on Friday, September 13, 2024 until no later than 11:00 PM at 4479 Eastwood Crescent. Recommendation: For the Approval of Council. Noise By-law Exemption Request - Backyard Wedding 264 - 265 10.2. Proclamation Request - Pitt Hopkin's Syndrome Attached is a request for Council to approve a proclamation ceremony on Wednesday, September 18, 2024 to recognize "Pitt Hopkin's Syndrome" awareness day. Recommendation: For the APPROVAL of Council. Proclamation Request - Pitt Hopkin's Syndrome 266 - 267 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #11.1 through to and including Item #11.5. 11.1. Niagara Escarpment Commission - Short Term Accommodation Decision The attached letter is regarding the Niagara Escarpment Commission’s revised position with respect to short-term accommodations within the Niagara Escarpment Plan Area of Development Control. Recommendation: THAT Council RECEIVE for information. 268 Page 5 of 296 NEC Letter to Municipalities re Short Term Accomodations 11.2. Resolution - City of Quinte West - The Canada Community- Building Fund Attached is correspondence further to the City of Quinte West Council Meeting of August 14, 2024 regarding a resolution adopted by Council in relation to "The Canada Community- Building Fund." Recommendation: THAT Council RECEIVE for information. Resolution - City of Quinte West - Notice of Motion - Councillor Stedall - The Canada Community-Building Fund 269 - 270 11.3. Resolution - City of Brantford - Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Attached is a decision of Brantford City Council from the the meeting held on August 27, 2027. Recommendation: THAT Council RECEIVE for information. Resolution - Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Letter 271 - 273 11.4. Notification - City of St. Catharines Council The attached correspondence is from the St. Catharines City Council regarding the Request for Extensions to Niagara Region Incentive Programs. Recommendation: THAT Council RECEIVE for information. Resolution - Notification - Niagara Region 274 - 275 11.5. Resolution - City of Welland Welland City Council passed the attached motion on September 3, 2024 at the Council meeting. Recommendation: That Council RECEIVE for information. Resolution - City of Welland 276 12. RATIFICATION OF IN-CAMERA 13. NOTICE OF MOTION/NEW BUSINESS Page 6 of 296 Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 14. MOTION 14.1. MOTION - Wedding Ceremony Enhancements Mayor Diodati brought forth the attached Motion regarding wedding ceremony enhancements. Notice of Motion - Wedding Ceremony Enhancements 277 - 278 14.2. CLK-2024-04 Wedding Ceremony Enhancements It is recommended: 1. THAT Council RECEIVE Staff Report CLK-2024-04, Wedding Ceremony Enhancements as information; 2. THAT Council DIRECT staff to explore opportunities to provide additional wedding packages and add-ons. 3. THAT Council DIRECT staff to bring a range of capital investment options to enhance wedding services back to Council during the Budget Process. CLK-2024-04 - Pdf 279 - 289 15. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 85. A by-law to declare PIN 64326-0190 (LT), Part Lane, Plan 997, Town of Niagara Falls lying between Victoria Ave and Brydges St and Leader Lane and Ferguson St; save and except Parts 1, 2, 3, 4, 5 and 6, 59R-12258; (Parts 1 to 6, 59R-12258 closed by By- law 2004-63 as in SN28776), in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. By-law No. 2024-085 - By-law - Declare Surplus 290 2024-A by-law to permanently close part of a highway. 291 Page 7 of 296 86. By-law No. 2024-086 - By-law - Permanently Close Part of Road Allowance 2024- 87. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs, Prohibited Turns). By-law No. 2024-087 - 09 10 2024 - No Parking, Stop Signs at Intersections, Prohibited Turns 292 - 293 2024- 88. 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. By-law No. 2024-088 - 2024 SEP 10 By-law Enforcement Officers 294 - 295 2024- 89. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 10th of September, 2024. By-law 2024-089 - 09 10 24 Confirming By-law 296 16. ADJOURNMENT Page 8 of 296 MINUTES City Council Meeting 1:00 PM - Tuesday, August 13, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, August 13, 2024, at 1:13 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson Councillor Campbell (attended via Zoom) STAFF PRESENT: Jason Burgess, Margaret Corbett, Kira Dolch, Kent Schachowskoj, Tiffany Clark, Jo Zambito, Nidhi Punyarthi, Kathy Moldenhauer, Trent Dark, Shelley Darlington, Kira Dolch, Signe Hansen,Heather Ruzylo Bill Matson (attended via Zoom) 1. CALL TO ORDER The meeting was called to order at 1:13 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of July 16, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE the minutes of the July 16, 2024 meeting as presented. Carried Unanimously (Councillors Campbell and Strange were absent from vote). 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Tony Baldinelli declared a conflict of interest to Item #12.3 - Noise By-law Exemption - 13th Annual Heaters Heroes Run for Children, as the Councillor is a member of the Fallsview Hose Brigade. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following:  Carmela Meli, grandmother of Gerry Meli of our Corporate Services Department. b) Mayor Diodati referenced the following municipal events: Page 1 of 25 Page 9 of 296 My Mulan  Also attended by Councillor Patel Councillor Representation Councillor Lococo  100th Flower and Vegetable Show Councillor Pietrangelo  Niagara Fiesta Extravaganza  Helping Hands Without Borders Canada Charity Event Councillor Nieuwesteeg  Grand Opening:  Park56 at the Americana  Unveiling of the Queen’s Monument at Royal Cdn Legion  Also attended by Councillors Patel, Pietrangelo & Strange Councillor Patel  Grand Opening:  Falcon Inn Business Happenings  Crepe Delicious Grand Opening o Also attended by Councillors Pietrangelo, Baldinelli, Thomson and Patel  Bella Cakes Grand Opening o Also attended by Patel, Thomson, Nieuwesteeg, Strange and Pietra c) The next Council meeting is scheduled for Tuesday, September 10, 2024. 5. DEPUTATIONS / APPOINTMENTS / PRESENTATIONS 5.1. REACH Niagara Carolyn Dyer, Executive Director of REACH Niagara, addressed Council to share the work of REACH Niagara and how REACH can continue to support the City of Niagara Falls as it relates to those experiencing homelessness. REACH Niagara provides low barrier, judgment-free healthcare services to those who are homeless, at-risk of homelessness, survivors of domestic violence, or experience barriers to our societal structures. Our services include primary care (either a family physician or Nurse Practitioner), mental health and addictions counselling, system navigation, case management, and peer health services. Councillor Mike Strange arrived to meeting at 1:34 PM. Sandra Mackeigan/MacKinnon, of 8055 McLeod Road, addressed Council and shared a personal story outlining events of her own history regarding homelessness and her knowledge of the drug and homeless situation that is prevalent in our society. Page 2 of 25 Page 10 of 296 Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council refer this topic to our 2025 budget to have deeper conversations as part of our Social Services plan and to determine what the City of Niagara Falls needs specifically in order to fund it accordingly. Carried Unanimously (Councillor Campbell was absent from vote). 5.2. Appointment Request - Resident, Andrea Giacometti - Trees on private property (POSTPONED) Resident Andrea Giacometti informed staff of her wish to postpone her presentation before Council regarding her concerns around trees on private property. Attached is an email sent to staff outlining her concerns. 6. PLANNING MATTERS 6.1. PBD-2024-31 AM-2024-012, Official Plan & Zoning By-law Amendment 6888 Drummond Road Proposal: Rezone the subject lands to a site-specific Institutional Zone to facilitate the development of a 192-bed long term care facility with associated clinic use. Applicant: Arcavia Home Care Agent: Rachalle Larocque (The Biglieri Group) The Planning Public Meeting was commenced at 2:14 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-31. Renata, from Churchill Street, spoke in opposition of the application citing environmental concerns, preserving as much land as possible as there are species that are endangered (bats, falcons). Renata also cited concerns pertaining to snow removal (the fence could be damaged), and overflow parking. Joedy Burdette, 4480 Bridge Street, addressed Council citing privacy issues of adjacent property owners and offered mitigation solutions (suitable plant life etc...). Rachelle Larocque, representing the applicant from Biglieri Group, addressed Council supporting the application. The Planning Public Meeting closed at 2:46 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Wayne Thomson Page 3 of 25 Page 11 of 296 1. THAT Council APPROVE an Official Plan Amendment and a Zoning By- law Amendment to facilitate the development of 192-bed long term care facility and associated clinic use, subject to the regulations detailed in this Report. 2. THAT the amending by-law INCLUDE a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into a effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried Unanimously (Councillor Campbell was absent from vote). 6.2. PBD-2024-30 AM-2024-009, Official Plan & Zoning By-law Amendment 2430 St. Paul Avenue Proposal: To increase the maximum permitted height and density and rezone the subject lands to facilitate the development of an apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units Applicant: Legion Heights Niagara Inc. Agent: Michael Allen (ACK Architects Studio Inc.) The Planning Public Meeting commenced at 2:47 PM. Mackenzie Ceci, Senior Planner (Current Development), provided an overview of Report PBD-2024-30. Doug Ireland, of 5387 Walker Court, addressed Council citing his concerns regarding traffic that has evolved over the years. Also expressed his concerns about the construction process in the area. Len D'Aiuto, of 2346 Walker Court, addressed Council citing traffic concerns. Joedy Burdette, of 4480 Bridge Street, addressed Council citing height concerns pertaining to the application. Also brought forth the idea of a traffic circle for the area. Mr. Burdette supports the application. Karen Maj, of 2345 Walker Court, addressed Council citing concerns with the height. Leslie Laan, of 5525 Reixinger Road, cited concerns about the structural support of the application due to its proximity to the escarpment. Mayor Diodati left meeting at 3:16 PM. and Councillor Pietrangelo resumed as Chair. Mayor Diodati returned to meeting at 3:22 PM. Michael Allen and Aaron Butler, from NPG Planning Solutions, provided a brief presentation to Council supporting the proposal. Page 4 of 25 Page 12 of 296 The Planning Public Meeting closed at 3:34 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to facilitate the development of an apartment dwelling containing two towers with maximum building heights of 15 and 19 storeys and a total of 295 dwelling units, subject to the regulations detailed in this report. 2. THAT Council AUTHORIZE the amending by-law to include a Holding (H) provision to require the submission of a Phase 1 Environmental Site Assessment (and any subsequent assessments), the filing of a Record of Site Condition, the submission of an updated Pedestrian Level Wind Study, the implementation of the recommendations identified in the Honey Locust Tree Assessment, the inclusion of warning clauses with respect to noise and archaeological resources, and the implementation of various noise mitigation measures through future Site Plan and/or Condominium Agreements. 3. THAT Council AUTHORIZE the amending by-law to include a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried (Councillor Campbell was absent from the vote and Councillor Lococo was opposed). Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council move Items #8.2 and #8.11 up in the agenda to be addressed prior to passing the In-Camera resolution. Carried Unanimously (Councillor Campbell was absent from the vote). 7. IN CAMERA SESSION OF COUNCIL Council, at this time, and prior to passing the In-Camera resolution, proceeded to Item #8.2. 7.1. In-Camera Resolution Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council enter into an In-Camera session. Carried Unanimously Page 5 of 25 Page 13 of 296 Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo THAT Council enter into an In-Camera meeting to seek legal advice pertaining to Item #8.2. Carried Unanimously 8. REPORTS Council (Open Session) resumed at 9:02 PM. Councillor Tony Baldinelli left the In-Camera meeting at 6.:45 PM and did not return. Councillor Wayne Thomson left the In-Camera meeting at 8:18 PM and did not return. 8.1. CS-2024-03 Introduction: At Your Service Niagara Falls Shelley Darlington, General Manager of Customer Service, introduced Report CS-2024-03 and the "At Your Service" video was shown for Council and public to view. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT Council RECEIVE Staff Report CS-2024-03, Introduction: At Your Service Niagara Falls as information. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.2. PBD-2024-33 Grassy Brook Secondary Plan Phase 2: Preferred Land Use Concept Brian Dick, Senior Manager of Policy Planning, introduced Report PBD-2024- 33 and further introduced Kelly Martel to provide a detailed presentation to Council. Councillor Ruth-Ann Nieuwesteeg left the meeting at 4:20 PM and returned at 4:27 PM. Jeffrey Drebren, of 5789 Lyon's Creek Road, addressed Council citing his concerns about the Grassy Brook Secondary Plan and expressed dissatisfaction of not being informed of this report in advance. He was disappointed about the notification process. Mr. Dreben would like to be considered as a member of the focus group. Jennifer Ricci, spoke on behalf of Nancy Smith, and addressed her concerns with the plan asking for the plan to be modified. Rick Belzil, of 4693 Lyon's Parkway, addressed Council expressing that he has been aware of all meetings. He supported the green spaces, parks and trails of the plan and wishes to protect the environment throughout the development Page 6 of 25 Page 14 of 296 process. Council moved to Item #8.11 on the agenda at 5:18 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel 1. That Council RECEIVE the preferred land use concept as presented in this report and DIRECT staff to proceed to Phase 3 in order to prepare detailed land use policies for additional stakeholder consultation. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.3. F-2024-28 2025 Preliminary Budget Projection Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo 1. THAT Report F2024-28, 2025 Preliminary Budget Projection BE RECEIVED for information; 2. AND THAT Council DIRECT staff to prepare budget options ranging from a 3.0% to 4.5% operating increase and a 1.0% capital levy increase during the 2025 budget process. Carried (Councillor Lococo was opposed and Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.4. CS-2024-04 Looking for Change: City Review Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo 1. THAT Council RECEIVE Staff Report CS-2024-04, Looking for Change: City Review as information; 2. THAT Council DIRECT staff to further investigate and FINALIZE the 12 recommended proposals (proposals 1 to 12 except for "Reduced Snow Clearing," "Local Drainage Assistance" and "Outdoor Pool Season Pass"). Staff will REPORT on proposals 1 to 11 for the 2025 Tax Levy Supported Operating Budget deliberations and proposal 12 for the 2026 Tax Levy Supported Operating Budget; 3. THAT Council APPROVE staff’s recommendation, not to move forward with seven (7) proposals (proposals 26 to 32) identified by staff as “not recommended” in Attachment 1. Page 7 of 25 Page 15 of 296 4. THAT Council DIRECT Staff to take direction on the other matters noted during the meeting, such as fire calls, residential parking passes and dynamic pricing in the tourism areas. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.5. F-2024-29 2024 Capital Budget Amendment - Emergency Preparedness Investment Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo 1. THAT Council APPROVE a 2024 Capital Budget Amendment to increase project BP57-24 – Emergency Preparedness Investment by $90,000, to be funded by Capital Special Purpose Reserves, for a total project budget of $1,202,500. 2. THAT Council AWARD RFT43-2024 Supply and Installation of a New Generator at MacBain to the lowest compliant bidder, Procon Constructors Inc. in the amount of $1,116,700. 3. That the Mayor and Clerk BE AUTHORIZED to execute the necessary agreements. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.6. F-2024-30 Indexing of Development Charges Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo That Council APPROVE Staff’s recommendation for Council to WAIVE the 2024 indexing of Development Charges (DC) currently imposed pursuant to By-laws 2024-053, 2024-054, and 2024-055. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.7. L-2024-15 Permanently Close and Declare Surplus of Lands City Laneway (North of Ferguson Street, West of Acheson Avenue, East of Victoria Avenue & South of Leader Lane) Our File No. 2024-40, 2024-85 and 2024-96 Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council AUTHORIZE that the City laneway located north of Ferguson Street, east of Victoria Avenue, west of Acheson Avenue and Page 8 of 25 Page 16 of 296 south of Leader Lane, hereinafter referred to as the "Subject Lands", as shown outlined in red on the plan attached as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That Council AUTHORIZE the City Solicitor and Chief Administrative Officer, or their designate, to execute all documentation and take whatever steps necessary to carry out Recommendation 1. 3. That Council AUTHORIZE the Chief Administrative Officer, the City Solicitor, and their further designates to engage in negotiations with respect to the proposed purchases of the Subject Lands with the identified prospective purchasers and in accordance with the area breakdown of the Subject Lands proposed in Schedule "B", and in accordance with the City's land sale policy, which includes a requirement that the prospective purchasers be responsible for the cost of obtaining a fair market value appraisal of the Subject Lands. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.8. MW-2024-33 M.F. Ker Pickleball Facility Development Contract 2024-580-22 Award Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council AWARD the MF Ker Pickleball Facility Development Contract 2024-580-22 to the lowest compliant bidder, Stevensville Lawn Service Inc. for $409,571.00 plus applicable taxes. 2. That Council APPROVE a 2024 capital budget amendment of $77,000 funded by the OLG reserve. 3. That the Mayor and Clerk BE AUTHORIZED to execute the necessary documents. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.9. MW-2024-35 Contract No. 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) - Single Source Request for Engineering Construction Services Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council PERMIT a Single Source procurement with R.V. Anderson Associates Limited for inspection services for Contract No. 2024-594-23 Main Street (Chippawa) Road Reconstruction (Sodom Road to Dock Street) increasing the current Purchase Order 24-118 from $88,495 to $197,945 plus applicable taxes in accordance with Section 18 of the City’s Procurement By- Law No. 2021-04. Page 9 of 25 Page 17 of 296 Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.10. MW-2024-36 Lyons Parkway Infrastructure Extension – Cost Sharing Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council DIRECT Staff to enter a cost sharing agreement with the Developer for upsizing of local sanitary sewer and watermain extensions from Lyons Parkway to Ort Road. 2. That Council APPROVE a 2024 Capital Budget Amendment in the amount of $131,000, inclusive of non-recoverable HST, funded from Development Charges. 3. That Council AUTHORIZE the Mayor and City Clerk to execute all necessary Development Agreements and/or Cost sharing Agreements. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council approve extending the curfew beyond 10:00 PM. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.11. PBD-2024-32 Historic Drummondville CIP - Revitalization Grant Application DRU-2022-001, 5528 Ferry Street Applicant: KSV Restructuring Inc. (prev. La Pue International Inc.) Danielle Foley, Senior Planner, Long Range Planning Initiatives, introduced Report PBD-2024-32 and provided a brief summary. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council AUTHORIZE entry into an updated Revitalization Grant Agreement under the Historic Drummondville CIP with KSV Restructuring Inc., that is the court-appointed receiver of La Pue International Inc., based on: 1. The Owner satisfying all program requirements including entering into an agreement with the City of Niagara Falls; 2. That the Mayor and Clerk be authorized to sign the agreement; 3. That the approved Revitalization Grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP); 4. That Council authorize entry into any updated Revitalization Grant Page 10 of 25 Page 18 of 296 Agreement to reflect any future change in ownership, and that the Mayor and Clerk be authorized to sign any such updated agreement; and 5. That Council delegate authority to the Chief Administrative Officer, the General Manager of Planning, Building and Development, the City Solicitor, and their further designates, to take any administrative step(s) or execute any documentation necessary to give effect to the above recommendations. Carried Unanimously (Councillor Campbell was absent from the vote). 8.12. R&C-2024-11 2024 Arts & Culture Wall of Fame Inductees Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council APPROVE the following 2024 Arts & Culture Wall of Fame Inductees: Brighton Rock, Evergon, Denise Matthews (Vanity) Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.13. PBD-2024-34 Development and Housing Report and Provincial reporting Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council receive the Quarter 2 Development and Housing Status Report that reviews the status of current development and housing activity in the City of Niagara Falls from April 1 through June 30 of 2024 (Q2). 2. That Council direct staff to forward the housing information to the Province as required. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 8.14. CAO-2024-05 Fire Services Labour Update Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo THAT Council RECEIVE this report for information. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 9. CONSENT AGENDA 9.1. MW-2024-31 Thorold Stone Road QEW Watermain Crossing Assessment - Request for Page 11 of 25 Page 19 of 296 2024 Capital Budget Amendment Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE a 2024 Capital Budget Amendment to the Thorold Stone Road QEW Watermain Assessment - Project #W71-24 from $20,000 (inclusive of non-recoverable HST) to $31,640.00 (inclusive of HST). Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 9.2. MW-2024-32 Budget Amendment - Municipal Service Centre Employee Parking Lot Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council APPROVE a 2024 Capital Budget Amendment to increase project BP56-24 - Service Center Employee Parking Lot Paving by $25,000 (inclusive of non-recoverable HST) to be funded by the capital special purpose reserve, for a total project budget of $45,000. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 9.3. MW-2024-34 WEGO Blue Line Stop Maintenance Responsibilities Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That Council APPROVE of the maintenance responsibilities pertaining to bus stop locations report for WEGO Blue Line service on City and Regional roads as outlined in Report MW-2024-34. 2. That General Manager of Municipal Works/City Engineer be AUTHORIZED to execute any agreements necessary to reflect the changing maintenance responsibilities, provided the agreements are acceptable to the satisfaction of the Director of Legal Services/City Solicitor. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 9.4. CAO-2024-04 University of Niagara Falls Canada August 2024 Update Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. That the following report be RECEIVED for information. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Page 12 of 25 Page 20 of 296 Thomson were absent from the vote). 9.5. PBD-2024-36 AM-2023-036, Official Plan and Zoning By-law Amendment Lands West of Allendale Avenue, South of Main Street (PIDs 13671, 4689, 4970, 4971, 4969 and Part 137498) Proposal: 20 Storey Building Containing 193 Dwelling Units Applicant: Zeljko Holdings Limited (Jeremia Rudan) Requested Modification to Approved Zoning By-law Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT subject to subsection 34(17) of the Planning Act Council PASS A RESOLUTION to deem the modifications to the draft zoning by-law to permit a 20 storey, 193-unit residential building on the lands, specifically a reduction in landscape open space area, a reduction in amenity area per dwelling unit and an increase in permitted balcony projection into a side yard, to be minor in nature and that no further notice is necessary. 2. THAT Council ADOPT Official Plan Amendment No. 168 and pass the related Zoning By-law included in tonight’s agenda. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 9.6. R&C-2024-13 2024 Sports Wall of Fame Inductees Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE the following 2024 Sports Wall of Fame Inductees: Shelley Gautier, Athlete, Para-Cycling AUTOMATIC INDUCTION Poppy Gilliam, Athlete, Soccer Tim Topping, Builder Baseball AUTOMATIC INDUCTION 1981 Niagara Falls Kiwanis Club U13 Boys Soccer Team 2001-2002 Niagara Falls Thunder Midget AAA Hockey Team Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Proclamation Request - Christian Heritage Month Attached is a letter from Sam Kunjicka, Founder and Director of the Christian Heritage Month Foundation requesting that the month of December 2024 be proclaimed "Christian Heritage Month." Recommendation: For the APPROVAL of Council. Page 13 of 25 Page 21 of 296 10.2. Proclamation Request - Lighting of City Hall Request - Wrongful Conviction Day On behalf of the International Wrongful Conviction Committee, attached is a request that the Mayor proclaim Wednesday, October 2, 2024, as “Wrongful Conviction Day”. Wrongful Conviction Day is designated as an annual International Day to recognize the tremendous personal, social and legal costs associated with wrongful criminal convictions. This day recognizes those persons who have been forced to endure the tremendous consequences brought by a wrongful criminal conviction. The purpose of this day is to inform and educate the broader international community on the causes, consequences and complications associated with wrongful criminal convictions. It is important to raise awareness in order to work toward the prevention of further wrongful convictions. Proclaiming October 2nd as Wrongful Conviction Day can direct the public’s attention to this issue and generate support and understanding. Recommendation: THAT Council APPROVE the request to proclaim Wednesday, October 2, 2024 as "Wrongful Conviction Day" and to illuminate the City Hall in yellow on the same day. 10.3. Lighting of Niagara Falls City Hall - Light up in Blue to Prostate Cancer Attached is a letter from Shelly Werk, Donor Relations, Prostate Cancer Foundation BC, requesting that City Council approve the lighting of Niagara Falls City Hall on Sunday, September 1st, 2024 in blue for Prostate Cancer. Recommendation: For the APPROVAL of Council. 10.4. Ice Cream Truck Request - Fernwood Park Attached is a request from Antonella Damiano requesting that City Council waive the by-law to permit CreekSides Ice Cream Trailer at Fernwood Park on Saturday, August 17, 2024 as part of the birthday celebrations to honour the late Jordy Pepperall. Recommendation: For the APPROVAL of Council. 10.5. Food Truck Request - Chippawa Volunteer Firefighters Association (CVFA) Attached is a request from the Chippawa Volunteer Firefighters Association (CVFA) requesting that City Council permit a food truck (Creekside Ice Cream trailer) to attend the annual Slo Pitch National Tournament to be held the weekends of August 23-25, September 6-8 and September 13-15, 2024. Recommendation: For the APPROVAL of Council. 10.6. Flag-Raising Request - India's Independence Day Attached is a letter from Raul Dudnic, on behalf of the Chinmaya Mission, requesting that the City of Niagara Falls Council approve the raising of India's flag on Thursday August 15, 2024 in recognition of India's Independence Day. Page 14 of 25 Page 22 of 296 Recommendation: For the APPROVAL of Council. 10.7. Flag-Raising Request - Ukraine's Independence Day Attached is a letter from Irene Newton, President, Ukrainian Canadian Congress, Niagara, requesting that the City of Niagara Falls Council approve the raising of Ukraine's flag on Friday August 23, 2024 in recognition of Ukraine's Independence Day. Recommendation: For the APPROVAL of Council. 10.8. Letter of Support - Township of Brudenell, Lyndoch and Raglan Urging the Government to Promptly Resume Assessment Cycle Attached is a letter from Township of Brudenell, Lyndoch and Raglan Urging the Government to Promptly Resume Assessment. Recommendation: For the SUPPORT of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE/SUPPORT Item #10.1 through to and including Item #10.8. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Township of Schreiber - Wastewater Dechlorination Attached is a resolution from the Township of Shreiber, regarding the "Dechlorination of Effluent Discharge." Recommendation: THAT Council RECEIVE for information. 11.2. Resolution -Municipality of St. Charles - Support - Phase-Out of Water Well Testing Attached is a resolution from the Municipality of St. Charles, supporting the phase-out of water well testing. Recommendation: That Council RECEIVE for information. 11.3. Correspondence from Niagara Peninsula Conservation Authority (NPCA) Attached is the following correspondence pertaining to Board direction: 1) Resolution Notice FA-82-2024 - Watershed Natural Assets Analysis and Valuation 2) Resolution Notice FA-88-2024 - Integrated Watershed Monitoring and Reporting Recommendation: THAT Council RECEIVE for information. Page 15 of 25 Page 23 of 296 11.4. Correspondence from the Niagara Region Attached is correspondence for a resolution passed regarding the Development Charges Act – Exemption for Affordable and Attainable Residential Units CSD 31-2024. Recommendation: THAT Council RECEIVE for information. Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council RECEIVE FOR INFORMATION Item #11.1 through to and including Item #11.4. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Proposal to Rename Kitchener St. Park to Geppino's Family and Community Park Attached is a letter from Morris Villella, from the Great 8 Group, requesting that Kitchener St. Park be renamed Geppino's Family and Community Park. Recommendation: Direction to Staff. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council provide direction to staff pertaining to the proposal to rename Kitchener Street Park to Geppino's Family and Community Park. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 12.2. Recognition of an Event of Municipal Significance and Noise By-law Exemption - Niagara Falls Night of Art Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent. The event will be held on Thursday, September 19, 2024. It is recommended: THAT Council DECLARE the Night of Art an Event of Municipal Significance to assist with obtaining a Special Occasion Liquor Licence from Alcohol & Gaming Commission of Ontario and; THAT Council GRANT an exemption to the City's Noise By-law for the playing of music until 11:59 PM on Thursday, September 19, 2024 for the Night of Art Event taking place at the Niagara Falls Exchange and Museum properties. Page 16 of 25 Page 24 of 296 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council DECLARE the Night of Art an Event of Municipal Significance to assist with obtaining a Special Occasion Liquor Licence from Alcohol & Gaming Commission of Ontario and; THAT Council GRANT an exemption to the City's Noise By-law for the playing of music until 11:59 PM on Thursday, September 19, 2024 for the Night of Art Event taking place at the Niagara Falls Exchange and Museum properties. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 12.3. Noise By-law Exemption - 13th Annual Heaters Heroes Run For Children The Heaters Heroes Committee, along with the Fallsview Hose Brigade, are requesting that Council grant an exemption to the City's Noise-By-law until 11:00 PM on Saturday, September 7, 2024 for the purpose of playing music for their annual event taking place at Oakes Park. It is recommended: THAT Council GRANT the Heaters Heroes Committee and Fallsview Hose Brigade relief to the City's Noise By-law until 11:00 PM on Saturday, September 7, 2024 at Oakes Park. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council GRANT the Heaters Heroes Committee and Fallsview Hose Brigade relief to the City's Noise By-law until 11:00 PM on Saturday, September 7, 2024 at Oakes Park. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 12.4. Noise By-Law Exemption Request - 6960 Harriman Street Attached is a letter from a resident, requesting that Council approve a Noise By-law exemption for a wedding reception on Saturday August 24, 2024 until no later than 11:00pm. It is recommended: THAT Council GRANT relief to the City's Noise By-law until 11:00 PM for the wedding reception located at 6960 Harriman Street on Saturday August 24, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council GRANT relief to the City's Noise By-law until 11:00 PM for the wedding reception located at 6960 Harriman Street on Saturday August 24, Page 17 of 25 Page 25 of 296 2024. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 12.5. Special Occasion Permit Request - Havana Restaurant & Cocktail Lounge The owner of Havana Restaurant & Cocktail Lounge is looking to Council for a letter of Municipal Significance for a public event that will take place in front of the restaurant on Saturday, September 7, 2024 at 4555 Queen Street. With Council declaring the event as "municipally significant," this will assist the organizers in obtaining a Special Occasion Permit from the AGCO. It is recommended: THAT Council DECLARE the Havana Restaurant & Cocktail Lounge's public event, taking place in front of the restaurant on Saturday, September 7, 2024 at 4555 Queen Street, as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council DECLARE the Havana Restaurant & Cocktail Lounge's public event, taking place in front of the restaurant on Saturday, September 7, 2024 at 4555 Queen Street, as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 13. RESOLUTIONS 13.1. Resolution - No. 11 By-law No. 2024-076, Proposed 20 Storey Apartment Building, that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to the zoning by-law minor and exempts the requirement for further written notice. Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council pass resolution #11 as presented. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 13.2. Resolution - No. 12 A Public Meeting was held by Council on June 18th, 2024 to consider an Official Plan and Zoning By-law Amendment application to permit an 812-unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, on a vacant Page 18 of 25 Page 26 of 296 parcel of land located on Portage Road, north of Marineland Parkway. The recommendations of Report No. PBD-2024-24 were approved by Council on June 18th, 2024, and By-law No. 2024-068 has been placed on Council’s agenda this evening. The attached resolution is required to deem the proposed change minor and exempt the requirement for further notice for the purpose of increasing the maximum podium height from 12.0 metres to 12.1 metres, as the podium exceeds 12 metres in some locations. No changes have been made to the building envelope or conceptual Site Plan/elevations since the Public Meeting. Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo THAT Council pass resolution #12 as presented. Carried (Councillor Lococo was opposed and Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 14. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT Council provide staff with direction on the matter of 4263 Fourth Avenue in conformity with staff recommendations and THAT Council APPROVE the Sale of 5734 Glenholme Avenue to the St. John Ambulance Association at a price of ONE DOLLAR ($1); AND THAT Council DIRECT and DELEGATE the General Manager of Recreation, Culture and Facilities to execute a purchase and sale agreement to the satisfaction of the City Solicitor. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 15. NOTICE OF MOTION/NEW BUSINESS 15.1. NOTICE OF MOTION - Wedding Ceremony Enhancements Attached is a request for a Notice of Motion from Mayor Diodati regarding wedding ceremony enhancements. Notice of Motion - Wedding Ceremony Enhancements a) New Business - Mayor Jim's Charity Community BBQ and Fire Truck Pull Saturday, September 14, 2024 from 12:00 - 4:00 PM. St. George Serbian Orthodox Church - 6085 Montrose Road, Niagara Falls Mayor Jim is bringing the community together for an afternoon of outdoor activities for all ages to spread awareness about the importance of delivering the highest quality medical and senior care in Niagara Falls. Page 19 of 25 Page 27 of 296 Family, friends, neighbours, and colleagues will come together to enjoy family- orientated games, interactive exhibits, live entertainment, unique vendors, delicious BBQ, and the Fire Truck Pull, where teams will pull a 35,000-pound fire truck to compete for the top prize and bragging rights as the fastest fire truck pull team. All proceeds will go to the Niagara Health Foundation to support the construction of the South Niagara Hospital and to support the development of a Niagara Falls Hospice! Niagara Falls will benefit for generations to come as we support our community members at all stages of life. 16. MOTIONS 16.1. Infill Developments Councillor Lococo brought forth the following Motion and spoke to the following details: Infill developments are an effective way to reduce urban sprawl and use existing infrastructure and amenities. There are also disruptions and inconveniences to surrounding neighbors. Some of the issues and concerns are:  Drainage issues to neighboring properties during/after construction of an infill property. This occurs when the new property is higher than the existing properties and drainage is now flowing into neighbouring properties.  Constant mud and dust in/outside of neighbouring homes/vehicles and on the road  The proximity of the infill development with construction equipment maneuvering on the site.  Neighbouring curbs and grass being dug up for utilities.  Damage to neighboring properties.  Construction fences falling down and creating safety issues.  Construction sites not being secured when workers are not there, creating a safety issues.  Large trees on property lines or neighbouring properties being cut down to accommodate the infill development.  Taller units being built with windows looking into neighbouring houses and yards. This creates privacy issues.  Worker's vehicles parked on the street, blocking access in and out of neighbouring driveways. Sometimes the vehicles are parked in ‘no parking’ zones. This can create issues with emergency vehicles not being able to pass.  Loud beeping of reversing vehicles in the early morning or late evening hours.  Constant noise throughout the day.  Aggressive workers.  Vibrations shaking the house Toronto has a Good Neighbour Guide for Page 20 of 25 Page 28 of 296 Residential Infill Construction. Edmonton has reviewed the fine structure, prohibits excavation within certain proximity and offers pre- construction surveys. Be it resolved: THAT the City of Niagara Falls INVESTIGATE ways to mitigate the issues above. This could include but not limited to, speaking with the Builders Association, reviewing other municipalities guidelines/policies, reviewing the Building Code and legal implications, reviewing resolution and enforcement processes, improved communication with neighbors, etc. Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the City of Niagara Falls INVESTIGATE ways to mitigate the issues above. This could include but not limited to, speaking with the Builders Association, reviewing other municipalities guidelines/policies, reviewing the Building Code and legal implications, reviewing resolution and enforcement processes, improved communication with neighbors, etc. Carried (Councillor Pietrangelo was opposed and Councillor Baldinelli, Campbell, Thomson and Strange were absent from vote). 16.2. Niagara Falls University - Accommodations for students and family Councillor Lococo brought forth the following Motion and spoke to the following details: It has been stated that University of Niagara Falls will have 2,000 students enrolled in September of 2024. Foreign students who are enrolled in master’s programs, are also permitted to bring their spouse and dependents to Canada. In January 2024, the Provincial government stated that colleges and universities will be required to guarantee housing for incoming international students. Housing and additional resources will be required for 2,000 students plus any family members that have moved to Canada. Be it resolved that the City of Niagara Falls contact:  The University of Niagara Falls: o to inquire about the 2,000 plus accommodations that are required for September. What are the numbers of accommodations that have been successfully secured and what are the numbers that have not been secured? What is the timeline to build new accommodations? o Is there a student and family program to assist with food security? Will they assist food security agencies to provide resources to their students and their families?  Project Share, The Soup Kitchen, Salvation Army and The Third Space Café regarding the food resources that may be required to assist foreign students and their families. Page 21 of 25 Page 29 of 296  Both school boards in Niagara Falls regarding numbers of children of foreign students that will be enrolled and how they can be accommodated.  Minister Syliva Jones regarding health care requirements in Niagara Falls for 2,000 plus students and their families.  Minister Jill Dunlop and Minister Marc Miller regarding the requirements of universities to provide accommodations for foreign students and their families. Moved by Councillor Lori Lococo Not put. Motion not put (no seconder) 17. BY-LAWS 2024- 067. A by-law to provide for the adoption of Amendment No.169 to the City of Niagara Falls Official Plan (AM-2022-021). 2024- 068. A by-law to amend By-law No. 79-200 to permit the use of the lands for an 812- unit apartment dwelling consisting of two towers with maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively, exclusive of below-grade levels, mezzanines, and mechanical penthouses, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2022-021). 2024- 074. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 192-bed long term care home with clinic uses, subject to a 3- year sunset clause. (AM-2024-012). 2024- 075. A by-law to provide for the adoption of Amendment No. 170 to the City of Niagara Falls Official Plan (AM-2024-012). 2024- 076. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 20- storey apartment dwelling inclusive of a mezzanine level with 193 dwelling units subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-036). 2024- 077. A by-law to provide for the adoption of Amendment No. 168 to the City of Niagara Falls Official Plan (AM-2023-036). 2024- 078. 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. 2024- 079. A by-law to appoint an Acting Treasurer. 2024- 080. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 6 detached dwellings (AM-2024-004). 2024- 081. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Page 22 of 25 Page 30 of 296 Parking). 2024- 082. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 13th of August, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the by-laws be read a first, second and third time and passed. Carried (Councillor Lococo was opposed to By-law 2024-067 and By-law 2024-068 and Councillor Pietrangelo was opposed to By-law 2024- 074.Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). 18. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg That Council ADJOURN the meeting at 10:47 PM. Carried Unanimously (Councillors Baldinelli, Campbell, Strange and Thomson were absent from the vote). Mayor City Clerk Page 23 of 25 Page 31 of 296 Notice of Motion – Wedding Ceremony Enhancements For Tuesday, August 13th • Whereas other chapels in Niagara Falls range in price from approximately $450 to more than $2000 for wedding ceremony provision. • Whereas the Niagara Parks Commission (NPC) charges $1695 + tax for a wedding ceremony. • Whereas the City is traditionally not in the business of competing with the private sector. • Whereas the steps of City Hall in Niagara Falls are a quintessential location to get married outside of a place of worship or religious facility. • Whereas City Hall has proven to be an extremely popular venue for wedding ceremonies. • Whereas the City of Niagara Falls is often referred to as the honeymoon capital of the world. • Whereas staff are currently performing 433 weddings per year. • Whereas weddings are not the City’s core business, but are a good source of revenue to offset property taxes. • Whereas a large investment in floral and landscape improvements was made to enhance the front entrance of City Hall • Whereas additional investments have been made in the waterfall feature out front of City Hall. Therefore be it resolved that City of Niagara Falls wedding ceremony prices increase immediately to $450 plus tax for locals and $750 plus tax for couples visiting from outside of Niagara Falls with rates to be reviewed annually; and any and all other enhancements here, be implemented within the next year: ▪ Creating value-added packages that offer things like, but not limited to, a keepsake wedding photograph, bouquet(s) and boutonniere(s), mayor’s commemorative certificate, choice of venue (indoor or outdoors), set-up of chairs or seating (for outdoor options) Page 24 of 25 Page 32 of 296 ▪ Developing outdoor wedding ceremony locations at City Hall to incorporate a visually unique decorative garden pergola (ie. heart- shaped), and alternatively, a covered outdoor option with a retractable awning for use during inclement weather ▪ Establishing a list of preferred local vendors to provide to couples upon booking, including, but not limited to photographers, florists, ceremony musicians, wedding rental companies ▪ Updating the words “City Hall” above the exterior front doors of City Hall to include the words “Niagara Falls” Page 25 of 25 Page 33 of 296 1 Heather Ruzylo Subject:-Issue to be presented to council From: Andrea giacometti < Sent: Monday, July 8, 2024 12:24 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Re: [EXTERNAL]-Issue to be presented to council Bill, Yes, I would like to have my concerns submitted to council for consideration. I can see by the end of your email, these concerns have become just comments! Considering my concerns have become just comments, I would actually prefer to be apart of the next council meeting in person. I will not be able to have everything ready for July’s meeting and believe the next meeting is August 13. Please confirm this is possible. Andrea G Sent from my iPhone On Jul 5, 2024, at 3:22 PM, Bill Matson <billmatson@niagarafalls.ca> wrote: Andrea, Thank you for reaching out with your concerns regarding trees on private property. As you are aware, the City does not have a ‘private tree bylaw’. Part of the reasoning for there being no defined rules for the location of the planning of trees on private property is so that civil recourse can exist to allow property owners to cut/trim an overhanging branches that may encroach onto or over your property. The City would not have the resources to monitor such a by-law and thus it has always been a civil matter that exists between neighbours. If you would like your written comments that you have written below, to be included on the next Council meeting agenda, we can submit those for Council’s consideration. Page 34 of 296 2 Please let me know if and how you would like to proceed. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Andrea giacometti < Sent: Friday, June 28, 2024 10:41 AM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Issue to be presented to council Sent from my iPhone Begin forwarded message: From: Andrea giacometti Date: June 24, 2024 at 4:04:35 PM EDT To: "Erik Nickel (City Hall)" <enickel@niagarafalls.ca>, "Charlie Smith (city Hall)" <csmith@niagarafalls.ca>, "Gerald Spencer (city Hall)" <gspencer@niagarafalls.ca>, "Savannah Wells-Bisson (city Hall)" <swells@niagarafalls.ca> Subject: Questions Good afternoon, My name is Andrea Giacometti, I thought I would reach out to the following people as Mr. Jim Diodati referred the selected people emailed. I am trying to understand what’s happening in regards to trees planted on a private property in Niagara Falls. I want to start of by saying I understand the importance of trees in our community and our eco system in general. I am not here to try and get trees cut down. I am trying to understand why in all municipalities a homeowner is not responsible for trees that are on the lot they have bought. In my opinion everyone should be help accountable for what is on a property that they have purchased. When your dog goes to the bathroom in a city park there are bylaws in place to make sure the owner is accountable, am I right? We have regulations against decaying trees and trees that are deemed unsafe. In this case someone of authority, with a back ground in forestry or a bylaw officer maybe will assist, asses, and helps for the removal of this tree. Why are their no rules through the forestry act, municipal bylaw enforcement act, or municipal works, to regulate how trees are planted on a property and how close to a property line a tree can be planted. In Page 35 of 296 3 most instances I see recommendations but no actual regulations? The way I see it the city is offering smaller properties these days with no regulations to where someone can plant a tree. We have regulations on how far a fence can come up to the side walk on a property, we have regulations as to where a shed can be put on a property but not a tree? What happens when property owners plants a big Maple tree a foot away from a fence? when recommendations are 4-6 ft away. We hope property owners can come to an agreement, when that tree is 20 yrs old and is now sitting in someone else’s yard. In some instances maybe your neighbour doesn’t agree. To avoid these kind of altercations the city should be doing more. I am asking council that we introduce rules and regulations the same way we do fences and sheds on a property. Property owners should not be allowed to plant a tree right next to a fence line, and when it becomes a problem to a neighbouring property, that neighbour is expected to deal with this at their own expense. Not the person who actual owns this tree. If a private tree is over hanging a public space example sidewalks I’m assuming municipal works comes and trims this and the highway act will cover the private trees on a highway. What about the 80 yr old grandma who’s sits in her house and dosent own a tree on her property, but her neighbour decided to plant a maple tree 1ft away from her fence, 20 years ago? The way the bylaws are in place today the woman can trim up her property line not giving back anything she removes to the actually owner. This means this 80 yr old woman is expected to buy compost bags, buy the tools to remove it, hire a contractor so she Dosent actually kill this tree herself because she is un educated on how to trim it , and rember this is all at her own expense when she dosent have a tree on her property? The city has no other bylaws in place for this situation not to happen. The way the city sees it, now it has become a legal battle for the poor 80 yr old woman again at her expense, and she dosent own a tree on her property. Now think of another situation where a neighbour decides to plant smaller trees but puts them again 1ft away from the property line and right down the whole property. After 20 yrs these small trees again have moved to a neighbouring yard at that neighbours expense again. How is this acceptable? I believe this is morally incorrect, how can something like this be acceptable in our city when it is morally incorrect. Sincerely, Andrea Giacometti Sent from my iPhone Page 36 of 296 4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 37 of 296 PBD-2024-37 Report Report to: Mayor and Council Date: September 10, 2024 Title: AM-2024-010, Official Plan & Zoning By-law Amendment 4280 Fourth Avenue Proposal: To increase the density permitted and rezone the subject lands to facilitate the development of five (5) stacked townhouse blocks for a total of seventy-two (72) two- bedroom dwelling units. Applicant: 1274505 Ontario Ltd. Agent: Aaron Butler (NPG Planning Solutions) Recommendation(s) That Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to increase the density permitted and rezone the subject lands to facilitate the development of five (5) stacked townhouse blocks for a total of seventy-two (72) two- bedroom dwelling units, subject to the regulations detailed in this Report. That Council AUTHORIZE the amending by-law to include a Holding (H) provision to require the filing of a Record of Site Condition (RSC) prior to lifting the Holding provision. That Council AUTHORIZE the amending by-law which includes a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Executive Summary 1274505 Ontario Ltd. has requested an Official Plan Amendment and Zoning By-law Amendment for a parcel of land known municipally as 4280 Fourth Avenue. The application proposes to develop five (5) stacked townhouse blocks for a total of seventy- two (72) two-bedroom dwelling units. Specifically, this includes three (3) buildings containing twelve (12) dwelling units and two (2) buildings consisting of eighteen (18) dwelling units. The proposed stacked townhouses will be three (3) storeys high with one (1) additional level below grade for living area. Page 1 of 26 Page 38 of 296 The applicant has requested an Official Plan Amendment for a special policy area to allow for an increase in the permitted density from seventy-five (75) units per hectare to one-hundred (100) units per hectare located on a collector road. A Zoning By-law Amendment is proposed to rezone the property from Light Industrial (LI) to a site-specific Residential Apartment 5C Density (R5C) Zone and requests reductions to the following provisions: minimum front yard depth, minimum interior side yard width, parking requirements, required maneuvering aisle, minimum landscaped open space, amenity space for a stacked townhouse dwelling and maximum height of a building or structure. The amendments are recommended by Staff, subject to the inclusion of a Holding (H) provision to ensure that:  Following the remediation of the subject landsin compliance with Provincial Regulation 153/04, a Record of Site Condition (RSC) is to be filed and acknowledged by the Ministry of the Environment, Conservation and Parks (MECP) to the satisfaction of the Niagara Region and City, whereby the Lands shall be deemed suitable for residential use. Provided that the Holding (H) provision is approved as recommended, the amendments are recommended for the following reasons:  The proposed five (5) stacked townhouse blocks would facilitate residential redevelopment located on a brownfield site that is more compatible with the surrounding residential dwellings and the Residential designation;  The proposed development conforms to Provincial, Regional, and City policies as it will utilize existing municipal infrastructure and services, located near a range of land uses including employment (industrial) lands, offering access to multi- modal transportation options, near recreational uses and parks, all of which contribute to the establishment of a complete community;  The proposal will contribute to the City’s intensification target and will assist with diversifying the range of housing types/unit, twenty-four (24) of which are intended to be affordable to moderate income households;  The recommended Holding (H) provision will facilitate the redevelopment of the lands in a manner that will maintain appropriate levels of public health and safety;  The proposed site-specific amendments to the Residential Apartment 5C Density (R5C) Zone are appropriate for the area and conform with the intent of the Official Plan; and  The proposed development is supported by City and Niagara Regional Staff. Page 2 of 26 Page 39 of 296 The residents concerns related to traffic and speeding on Fourth Avenue and the requirement for the Record of Site Condition. There are already four (4) speed humps on Fourth Avenue plus the all-way stop at Hamilton Street. The CIty can install the portable speed display board for a duration of two (2) – three (3) weeks to provide driver feedback. As indicated above, the holding provision will be removed once the Record of Site Condition has been filed and acknowledged. Background 1274505 Ontario Ltd. has requested an Official Plan Amendment and Zoning By-law Amendment for a parcel of land known municipally as 4280 Fourth Avenue and totaling approximately 0.73 hectares in size, as shown on Appendix 1. Appendix 2 shows the Conceptual Site Plan and Appendix 3 shows Conceptual Elevations. The subject lands were redesignated, along with other neighbouring Industrial lands, to Residential with the adoption of Official Plan Amendment No. 157 in the City’s Official Plan. The applicant is requesting a special policy area designation to allow for an increase in the permitted density from seventy-five (75) units per hectare to one- hundred (100) units per hectare located on a collector road. The lands are zoned Light Industrial (LI) in accordance with Zoning By-law No. 79-200, as amended. The applicant is proposing to rezone the lands to a site-specific Residential Apartment 5C Density (R5C) Zone to facilitate the development of five (5) stacked townhouse blocks for a total of seventy-two (72) two-bedroom dwelling units. The site-specific provisions seek to reduce the following: minimum front yard depth, minimum interior side yard width, parking requirements, required maneuvering aisle, minimum landscaped open space, amenity space for a stacked townhouse dwelling and maximum height of a building or structure. A Holding (H) provision is required until a Record of Site Condition (RSC) is filed with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Region and City prior to removal of the Holding (H) provision. The RSC is required to confirm and ensure that all remediation works are completed with Ontario Regulation 153/04 under the Environmental Protection Act, whereby it will be deemed suitable for residential occupancy. Site Condition and Surrounding Land Uses The subject lands are irregularly shaped, approximately 0.7 hectares in size, and located west of Fourth Avenue and north of Hamilton Street. The lands are currently occupied by two (2) floor hockey rinks and a small building previously used for ball hockey, office and storage which was closed in 2019. Surrounding land uses include: Page 3 of 26 Page 40 of 296  North – Abandoned railway corridor, vacant industrial lands and Gale Centre approximately 125 metres.  South – Garage mechanical use, detached dwellings and Niagara Transit Route #108 approximately 300 metres.  East – Industrial building.  West – Fourth Avenue, detached dwellings and a commercial building, Palmer Park approximately 375 metres. Circulation Comments Information about the Official Plan Amendment and Zoning By-law Amendment application was circulated to City departments and divisions, agencies and the public for comments. The following summarizes the comments received to date. Regional Municipality of Niagara  The subject lands are identified by Municipal Property Assessment Corporation (MPAC) as vacant commercial land. The Environmental Protection Act (EPA), and associated regulations, require that a Record of Site Condition (RSC) be filed on the Ministry of Environment, Conservation and Parks’ (MECP) Environmental Site Registry (ESR) prior to any change in land use to a more sensitive use (i.e. commercial use to residential);  Regional staff reviewed the submitted Phase One Environmental Site Assessment (ESA), prepared by Hallex Environmental Ltd. (dated August 11, 2022). The Phase One ESA was completed in accordance with Ontario Regulation (O.Reg) 153/04 under the EPA and found seven (7) ‘Areas of Potential Environmental Concern’. Accordingly, a Phase Two ESA was recommended to determine the presence/absence of potential contaminants resulting from the historic on-site underground storage tank, railway along the off- site automotive garages, railway historic chemical facility and identify any required remediation to ensure the site is safe for residential use. Regional staff recommend that a holding provision be added to the amending zoning by-law to allow time to complete the environmental work required and ensure the requirements for a RSC is addressed. The RSC must filed and acknowledged by the MECP prior to the holding provision being removed;  Regional staff have reviewed the submitted Noise Impact Study and Land Use Compatibility Study (LUC), prepared by Aercoustics (dated March 18, 2024) and submitted with the application. The study determined that noise mitigation measures are required to ensure compliance with the Ministry’s noise guidelines. These conditions will be included in a future site plan agreement. The LUC Page 4 of 26 Page 41 of 296 identified the only industry that is within the minimum distance separation distance of 4280 Fourth Avenue is Niagara Motorsports (4346 Fourth Avenue), located adjacent to the subject land. The LUC notes that the business offers a variety of automotive and detailing services with the primary business being the car rental service. The LUC notes that there are existing sensitive land uses within a similar distance to this industry and it is not expected to introduce any closer noise sensitive receptors with any impact; and The LUC identifies the only noise or land use compatibility impact requiring mitigation are:  A minimum 2.0 m high noise barrier along the east and north edge of the common amenity area;  Future provision of central air conditioning for all units within Buildings B and E;  Warning clause for units within Buildings B and E advising that central air conditioning has been included to allow windows and doors to remain closed;  Canadian National (CN) and Metrolinx warning clauses related to the rail line; and,  These mitigation measures will be conditions of a future Site Plan agreement or Draft Plan of Condominium and will be included as warning clauses in all Agreements of Purchase, Sale, Lease, Rent or Occupancy.  Regional Staff request the Noise Impact Study be updated at the time of a future Site Plan Agreement or Draft Plan of Condominium to reflect the Region’s Traffic Noise Control Policy (PW5.NO1.0) that requires volumes to be projected out twenty (20) years rather than the ten (10) year period included in the original study.  Regional staff request that a standard archaeological warning clause be incorporated into the future Site Plan Agreement or Draft Plan of Condominium in lieu of an archaeological assessment being completed. Canadian National (CN) Railway CN encourages the municipality to implement the following as conditions in a future Site Plan Agreement or Draft Plan of Condominium:  The following clause should be inserted in all Agreements of Purchase, Sale, Lease, Rent or Occupancy of each dwelling unit within 300m of the railway right- of-way: “Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, Page 5 of 26 Page 42 of 296 notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.”  The Owner shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the noise isolation measures implemented are not to be tampered with or altered and further that the Owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN.  The Owner shall enter into an Agreement with CN stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement.  The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. Metrolinx Metrolinx would like to include the warning clause in any future Site Plan Agreement or Draft of Condominium.  The [Purchaser or Lessee] acknowledges and agrees that the proximity of the [Lands/Property] to Metrolinx transit operations may result in noise, vibration, electromagnetic interference, stray current, smoke and particulate matter, transmissions (collectively referred to as “Interferences”) to the [Lands/Property] and Interferences from transit operations may continue to be of concern, occasionally interfering with some activities of the occupants in the [Lands/Property]. Notwithstanding the foregoing, the [Purchaser or Lessee] agrees to release and save harmless Metrolinx from all claims, losses, judgments or actions arising or resulting from or in connection with any and all Interferences. Furthermore, the [Purchaser or Lessee] acknowledge and agree hat this warning clause shall be inserted into any succeeding lease, sublease, offers of purchase or purchase and sale agreement, and that this requirement shall be binding not only on the parties hereto but also their respective successors and assigns and shall not die with the closing of the transaction. Building Services  All required building, site servicing and demolition permits are to be obtained prior to construction/demolition. Page 6 of 26 Page 43 of 296  Municipal, Regional and Educational Development Charges will be assessed at the time of the future building permit application. GIS Services and Legal Services  No objections. Fire Services  No comments or concerns with the Official Plan and Zoning Amendments.  Technical comments will be provided at the time of the future Site Plan or Draft Plan of Condominium application. Urban Design & Landscape Services  Cash-in-lieu of parkland dedication will be required through the future Site Plan Control/Draft Plan of Condominium application at the current prescribed rate of 5% for residential uses.  Waste and recycling storage areas shall be designed with sufficient space for service vehicle access without the need for reversing or maneuvering onto the municipal right- of-way. Waste and recycling storage shall be within an enclosed structure screened from public view. The enclosure exterior should match or complement the exterior architectural finish of the building.  The location of snow storage should not be piled on landscaping plantings, fencing or other structures. Consideration should include review of snow storage for behind parking spaces when occupied.  Identify areas were pedestrian walkways cross vehicular lanes with signage, bollards, or different paving materials. Ensure continuous and connected crosswalks with appropriate surface markings and signage for enhanced visibility and pedestrian safety.  The proposed bench locations must be accessible from the pathway and consistent in alignment and consideration should be made for the realignment of the parking area to include landscaping between parking aisles.  Further review of the landscape plantings, fencing and urban design features on the buildings will be review as part of the site plan application. Municipal Works (Development Engineering) Page 7 of 26 Page 44 of 296  No concerns or objections to the proposed Official Plan or Zoning By-law Amendments.  A third-party infrastructure modelling assessment of the sanitary sewer system was completed. Staff have no concerns with the results of the assessment with capacity.  A detailed review of the proposed engineering design will occur at the future Site Plan Control or Draft Plan of Condominium. Municipal Works (Transportation Services)  Transportation Staff has no objections to increase the maximum density of the subject lands from seventy-five (75) units per hectare to one-hundred (100) units per hectare, fronting a local road.  A traffic study is not required as the development is estimated to generate forty- five (45) bidirectional trips in the morning peak, and fifty-two (52) trips in the afternoon peak. A traffic study is usually required when the numbers exceed 100 trips.  The proposed seventy-two (72) unit stacked townhouses requires one hundred and one (101) parking spaces, at a rate of 1.4 parking spaces per unit. There are ninety (90) parking spaces proposed (forty-eight are in garages and forty-two outdoor; there are no private driveways proposed), for a total proposed rate of 1.25 parking space per unit rate.  Staff are supportive of the requested 1.25 parking space per unit rate for this development without having the applicant submit a parking demand analysis study.  Molok waste bins are noted at the side of each townhouse block. The truck driver will need to perform all movements on-site, so that the driver enters and exits the site in a forward direction. Neighbourhood Comments A Public Information Open House was held on July 22, 2024, and was attended by two members of the public and the applicant’s planner. No written comments were received from the public. The resident’s concerns are summarized as follows:  Traffic concerns with speeding on Fourth Avenue.  Record of Site Condition. Page 8 of 26 Page 45 of 296 Staff’s responses are as follows: Traffic concerns on Fourth Avenue: There are already four (4) speed humps on Fourth Avenue plus the all-way stop at Hamilton Street. Transportation Staff's last review of Fourth Avenue noted that the operating speed is well below the posted fifty (50) km/h speed limit. Staff can install the portable speed display board for a duration of two to three weeks to provide driver feedback. All construction traffic would proceed to/from the site via Bridge Street. The road needs to always be clear and passable in case an emergency vehicle needs access. Record of Site Condition: One resident sought confirmation that a Record of Site Condition (RSC) will be filed. A holding provision will be placed in the site-specific zoning by-law ensuring an RSC is filed with the MECPto the satisfaction of the Niagara Region and City.Before the RSC can be filed and acknowledged by the MECP, as well as to the satisfaction of the Niagara Region and City, the remediation of the subject lands must be completed in compliance with Provincial Regulation 153/04, whereby the Lands are deemed suitable for residential use. Analysis Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent with, and conforms as follows:  The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act;  The proposal will facilitate the redevelopment of an underutilized brownfield site within the urban area for seventy-two (72) stacked townhouse units in 5 blocks, contributing to the City’s intensification target of 50 percent located in the Built- Up Area, supporting the achievement of a complete community and the diversification of housing that is located within walking distance to recreational uses, parks and transit routes;  The proposed development minimizes urban land consumption and encourages the efficient use of existing municipal infrastructure and services; and  The recommended Holding (H) provision will facilitate the redevelopment of the lands in a manner that will maintain appropriate levels of public health and safety. Page 9 of 26 Page 46 of 296 Regional Official Plan The subject land is designated Delineated Built-up Area in the Niagara Official Plan (NOP). The proposed development conforms as follows:  The proposed development will redevelop a brownfield site and will intensify an existing serviced parcel of land within the Urban Area;  The proposed development will contribute to the intensification target of 50% for the Built-Up Area of Niagara Falls;  The proposed development will assist with diversifying the range of housing types and unit sizes and will include twenty-four (24) market price dwelling units; and  The proposed development represents a compact built form, will facilitate a high- quality pedestrian environment, and will support the achievement of a complete community. City Official Plan The subject property is located within the Built-Up Area, Special Policy Area 91 and designated Residential in accordance with the City of Niagara Falls Official Plan and Official Plan Amendment No. 157, which redesignated the subject property from Industrial lands to Residential. The applicant is requesting to place the lands under a new Special Policy Area to increase the permitted density from seventy-five (75) units per hectare to one hundred (100) units per hectare located on a collector road. When considering an Official Plan Amendment, Council is to consider the conformity of the proposal with the general objectives of the Plan, the suitability of the site or area for the proposed use, the compatibility of the proposed use with adjacent land use designations, the need for the use, the availability of adequate municipal services and facilities for the proposed use, and its financial implications. The proposal conforms with the intent of the Official Plan as follows:  The proposed development represents an efficient use of serviced urban land with the increased density of 100 units per hectare as both transportation and municipal infrastructure have adequate capacity to accommodate the proposal;  The increase in density can be supported as the proposal is compatible with the density of the stacked townhouse development to the north at 4263 Fourth Page 10 of 26 Page 47 of 296 Avenue by complementing each other with the design and built form achieved by each development;  The proposal will assist in achieving the minimum 50% residential intensification annual target in the Built-Up area with the increase in density on the subject lands;  The site is supported by full urban services, existing public roadway frontage and utilities. The site is located close to commercial uses in the Downtown District and Stamford District and is approximately 300 metres to a bus stop on Bridge Street. Thera are several elementary schools under the Niagara District School Board and the Niagara Catholic District School Board located within 700-1000 metres. These include St. Mary’s Catholic Elementary School, St. Patrick’s Elementary School and Valley Way Public School. A. N. Myer Secondary School and St. Paul Secondary School are approximately 2,500 metres away. The Gale Centre is 100 metres away, C. W. Palmer Park is 375 metres away, Oaks Park is 1,000 metres away and Maple Park is approximately 400 metres. The bus and train station are located approximately 1,000 metres from this proposal;  Of the proposed seventy-two (72) units, twenty-four (24) units or one-third of the development will be two (2) bedroom dwelling units (76 square metres) and sold at the 2022 affordable housing rate of $539,460. The remaining 2 bedroom units are anticipated to be sold at more than the affordable rate based on the size of the units. A better determination of the value of these units will be evaluated once all the remediation works on the land is completed and the record of site condition has been registered;  A Noise Impact and Land Use Compatibility Study was prepared and has been reviewed which included noise mitigation measures that will be conditions of a future Site Plan Agreement or Draft Plan of Condominium. Land Use Compatibility Study (LUC), identified that one industry that is within the minimum distance separation distance is Niagara Motorsports (4346 Fourth Avenue), located adjacent to the subject land. The LUC notes that this business offers a variety of automotive and detailing services, with the primary business being the car rental service. The LUC notes that there are existing sensitive land uses within a similar distance to this industry and it’s not expected to introduce any closer noise sensitive receptors; and  The LUC also reviewed industrially zoned properties at 4316 Second Avenue – Ultimate Auto Care and 4425 First Avenue – Dun-Rite Aluminum and Vinyl. The LUC notes that the risk of adverse impacts from these industries or future industrial uses on these properties is low as there is existing residential development in closer proximity that would need to comply with Provincial standards for new industry near sensitive receptors. Zoning By-law No. 79-200 Page 11 of 26 Page 48 of 296 The subject property is currently zoned Light Industrial (LI) Zone in accordance with Zoning By-law No. 79-200. The applicant is proposing a Residential Apartment 5C Density Zone to facilitate the proposal of five (5) stacked townhouse blocks for a total of seventy-two (72) two-bedroom dwelling units. The departures requested from the standard R5C Zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION Minimum Front Yard Depth 7.5 metres 5.5 metres Support Minimum Interior Side Yard Width One-half the height of the building 10.77 metres/2 = 5.4 metres 4.5 metres Support Parking Requirements In accordance with section 4.19.1 1.4 Parking spaces x 72 units= 100.8 Required: 101 parking spaces 90 parking spaces (48 garage space & 42 surface parking spaces) Support Maximum Height of Buildings or Structures 19 metres subject to section 4.7 11 metres subject to section 4.7 Support Minimum Maneuvering Aisle 6.3 metres (for parking spaces less then 3 metres but not less than 2.75 metres) 6 metres (surface parking) Support Minimum Landscaped Open Space Area 40% of the lot area 21.25 % of the lot area Support Minimum Amenity Space for a Stacked Townhouse Dwelling 20 square metres for each dwelling unit 14.8 square metres for each dwelling unit Support Page 12 of 26 Page 49 of 296 The requested regulations can be supported for the following reasons:  The adjacent residential lands are zoned R2. The R2 zone requires a minimum setback of six (6) metres. The proposed reduction of the front yard setback would maintain a uniform and consistent streetscape while providing for a sufficient landscape buffer adjacent to the sidewalk.  The reduction of the interior side yard still provides an adequate buffer for landscaping, concrete sidewalk, snow storage and is larger than the 1.2 metre requirement of the neighbouring residential dwellings located in the R2 zone.  The presence of active transportation options and public transit allows for the reduction of the parking standard requirements. There is a continuous municipal sidewalk is present alongside the subject lands and continues to Bridge Street for pedestrians to use to/from the transit stop, with traffic signals to provide a protected crossing at Bridge Street. Also, the subject property is located close to the Transit Station Secondary Plan Area which will have future intensification which can benefit the site.  The maximum height permitted in the R5C zone is nineteen (19) metres. Based on the proposal, the applicant is requesting the maximum height be reduced to eleven (11) metres or three (3) storey’s to be consistent and more compatible with the neighbouring properties.  City’s Transportation Staff reviewed the minor reduction of the minimum aisle width requirement and had no concerns as the minor reduction stills provides adequate vehicle circulation.  The reduction in the amount of landscaped open space is required to accommodate the surface parking. The surface parking would be located at the rear of the subject property to ensure impacts on the streetscape are mitigated. There are no concerns regarding stormwater management. There are still adequate landscape open space buffers along the perimeter of the property.  The reduction in amenity space can be supported as each dwelling unit will have private balconies or terraces, allowing for personal use and enjoyment. The rear lands of the site provide a private grassed area to be used for the residents. Maple Street Park is located 550 metres from the development and close to the future NS&T Railway Trail system providing the residents with a range of leisure and recreational activities. Holding (H) Provision Page 13 of 26 Page 50 of 296 The proposal is located on a brownfield site that is contaminated and that remediation is required to ensure the site is safe and acceptable for occupancy. It is recommended that a holding provision be added to the amending zoning by-law to allow time to complete the environmental work required and ensure the requirements for a RSC is addressed. The RSC must be filed and acknowledged by the MECP prior to the holding provision being removed; Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government and the City of Niagara Falls. In order to ensure that housing is delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause or conditional zoning constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Appeals – Sections 17 and 34 of the Planning Act In accordance with Bill 185, which received Royal Assent on June 6th, 2024, the Minister, the applicant, or a specified person, public body, or registered owner of any land to which an Official Plan Amendment/By-law will apply, who made oral submissions at a Public Meeting or written submissions to City Council prior to the adoption of the Official Plan Amendment and/or passage of the By-law, may appeal the Official Plan Amendment and/or the By-law to the Ontario Land Tribunal. Third-party appeals are no longer permitted. Operational Implications and Risk Analysis There are no operational implications associated with this proposal. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication, and a new tax assessment for the City. Page 14 of 26 Page 51 of 296 Strategic/Departmental Alignment While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community and will provide affordable housing options. Strategic Plan Pillars List of Attachments APPENDIX 1 - Location Map APPENDIX 2 - Site Plan APPENDIX 3 - Elevations By-law No. 2024-xxx - OPA 171 OPA_171 By-law No. 2024-xxx - AM-2024-010 AM-2024-010 Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 30 Aug 2024 Jason Burgess, CAO Approved - 30 Aug 2024 Page 15 of 26 Page 52 of 296 APPENDIX 1 LOCATION MAP Page 16 of 26 Page 53 of 296 APPENDIX 2 SITE PLAN Page 17 of 26 Page 54 of 296 APPENDIX 3 CONCEPTUAL ELEVATIONS Page 18 of 26 Page 55 of 296 CITY OF NIAGARA FALLS By-law No. 2024-xxx A by-law to provide for the adoption of Amendment No. 171 to the City of Niagara Falls Official Plan (AM-2024-010). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE REGIONAL THE 1990, AND PLANNING THE WITH ACT, MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 171 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 10th day of September, 2024. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 19 of 26 Page 56 of 296 OFFICIAL PLAN AMENDMENT NO. 171 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of 72 stacked townhouse dwellings within 5 blocks. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 99 on Schedule “A” to the Official Plan. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A” to the Official Plan – Residential designation with Special Policy Area 99. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.99. (iv) Basis of the Amendment The subject lands are designated Residential as shown on Schedule “A” to the Official Plan. The applicant proposes to develop 72 stacked townhouse dwelling units within 5 blocks. The subject property is located within the Built-Up Area, Special Policy Area 91 and is designated Residential in accordance with the City of Niagara Falls Official Plan and Official Plan Amendment No. 157, which was redesignated, along with other neighbouring Industrial lands to Residential. Special Policy Area number 99 will increase the permitted density from 75 units per hectare to 100 units per hectare located on a collector road. The increase in density to 100 units per hectare can be supported as the proposal is compatible with the stacked townhouse development to the north at 75 units per hectare by complementing each other with the design and built form achieved by each development. The proposed development is still less in height than the maximum height in the Official Plan for a stacked townhouse which allows for the design of the buildings to remain compatible with the surrounding residential units. The proposed development represents an efficient use of serviced urban land with the increased of density to 100 units per hectare as both transportation and municipal infrastructure have adequate capacity to accommodate the proposal and Page 20 of 26 Page 57 of 296 will assist in achieving the minimum 50% residential intensification annual target in the Built-Up area with the increase in density on the subject lands. New residential development on these lands shall have regard for compatibility with nearby existing and future industrial uses in terms of Provincial D -6 Guidelines. Mitigation measures will be implemented including: • A minimum 2.0 m high noise barrier along the east and north edge of the common amenity area; • Future provision of central air conditioning for all units within Buildings B and E; • Warning clause for units within Buildings B and E advising that central air conditioning has been included to allow windows and doors to remain closed; and • Canadian National (CN) and Metrolinx warning clauses related to the rail line. PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 171 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. 171", shall be identified as Special Policy Area 99 on Schedule “A” to the Official Plan. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.98 SPECIAL POLICY AREA “99” Special Policy Area “99” applies to approximately 0.73 hectares of land located on the east side of Fourth Avenue Page 21 of 26 Page 58 of 296 north of Hamilton Street. These lands are designated Residential on Schedule “A” to the Official Plan. Notwithstanding section 1.15.5 that stacked townhouses shall develop in the Residential designation, in the Built Up Area and shall increase the density from 75 unit per hectare to 100 units per hectare. The amending zoning by-law shall regulate the development in terms of the building heights, setbacks, landscape and parking requirements. Page 22 of 26 Page 59 of 296 1 ?g MAP 1 TO AMENDMENT No.171 Niagara?‘ll?SCHEDULE A To THE OFFICIAL PLAN Area Affected by this Amendment I: Proposed Change T0'Add SPECIAL POLICY #99 W / \\\\\\\ // 3////\Briiiiii City of Niagara Falls Official Plan Excerpt from SCHEDULE -A -FUTURE LAND USE Industrial Minor Commercial Open Space Residential Note:This schedule form part of Amendment No.171 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. K:\GIS_Requests\2024\Schedule\Zoning\ZoningZOZ4.aprx AM-2024-010 8/2/2024 Page 23 of 26 Page 60 of 296 CITY OF NIAGARA FALLS By-law No. 2024-xxx A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 5 Stacked Townhouse dwellings containing 72 units, subject to a 3-year sunset clause. (AM-2024-010) 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 this 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) The uses permitted in the R5C zone. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 5.5 metres plus any applicable distance specified in Section 4.27.1. of By-law No. 79-200 (b) Minimum interior side yard 4.5 metres depth (c) Maximum height of building or 11 metres subject to structure Section 4.7 of By-law No. 79-200 (d) Minimum required parking spaces 90 parking spaces (e) Minimum manoeuvring aisle width 6.0 metres (f) Minimum landscaped open space 21.24 % (g) Minimum amenity space for an 14.8 square metres for Page 24 of 26 Page 61 of 296 2 apartment dwelling or a stacked each dwelling unit townhouse dwelling (h) The balance of the 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 Holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 1257 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall: • File a Record of Site Condition with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Niagara Region and City 10. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from LI to R5C and numbered 1257. 11. Should the owner of the Lands not execute a Site Plan agreement within 3 years of this by-law coming into effect, then the zoning of the lands zoned R5C-1257 shall be of no force and effect, and the zoning of the Lands will revert to the Light Industrial zone. 12. Notwithstanding clause 10 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1257 Refer to By-law No 2024-xxx Read a First, Second and Third time; passed, signed, and sealed in open Council this 10th day of September 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2024\AM-2024-012 (PLOPZB20240337) - 6888 Drummond Road\9 By-law\By-law No. 2024-xxx - AM-2024- 012.docx Page 25 of 26 Page 62 of 296 W Niagara?qus SCHEDULE 1 TO BY-LAW NO.2024-xxxx (Draft) Area Affected by this Amendment Hamilton St lzl:l_l:l:l_l:l_l’_l_l_l:l_l:l Amending Zoning By-law No.79-200 Description:Lots 1-6 inclusive,Plan 313,Lots 87-90 inclusive,Plan 313,Part Lots 91 &amp;92,Plan 313,Part Third St,Plan 284,Town of Niagara Falls (AKAThird Ave)as closed by AA69340,Part Lot 20,Range 4,N of Chestnut St,Plan 284,Town of Niagara Falls;Part Lot 21,Range 4,N of Chestnut St,Plan 284,Town of Niagara Falls as in RO378968;City of Niagara Falls Applicant:1274505 Ontario Ltd Assessment:272501001005900 AM-2024-010 K:\GISiRequests\2024\Schedule\Zoning\ZoningZDZ4.aprx 8/6/2024 Page 26 of 26 Page 63 of 296 Address: 4280 Fourth Avenue Applicant: 1274505 Ontario Ltd Agent: Aaron Butler (NPG Planning Solutions) Proposal: To permit the development of 72 stacked townhouse dwellings in 5 blocks. Official Plan and Zoning By-law Amendment Application - AM-2024-010 Page 64 of 296 A GREAT CITY…FOR GENERATIONS TO COME Location Page 65 of 296 A GREAT CITY…FOR GENERATIONS TO COME Background •The application is to place a special policy area for the proposal in the City’s Official Plan and rezone the subject property to a site-specific Apartment 5C Density (R5C) Zone with a Holding provision. The Holding provision will be lifted once a Record of Site Condition is filed and acknowledged with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Niagara Region and City. •The subject property is designated Residential in the City’s Official Plan. The proposal is located within the Built-Up Area. The applicant is requesting to place the lands under a new Special Policy Area. •The subject property is currently zoned Light Industrial in accordance with Zoning By-law No.79-200, as amended. Page 66 of 296 A GREAT CITY…FOR GENERATIONS TO COME Official Plan •To place the Lands under a special policy number 99, for an Official Plan Amendment 171. •To increase to increase the permitted density from seventy- five (75) units per hectare to one hundred (100) units per hectare located on a collector road.Page 67 of 296 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Reduce front yard depth from 7.5 m to 5.5 m, interior side with from 5.4 m to 4.5 m Reduce the parking standard from 101 parking spaces to 90 parking spaces, height from 19 m to 11 m, manoeuvring aisle from 6.3 to 6 m, minimum landscape open space from 40 % to 21.25 %, and the minimum amenity space from 20 m for each dwelling unit to 14.8 m Page 68 of 296 A GREAT CITY…FOR GENERATIONS TO COME Open House – July 22 Comment/Concerns Response •Traffic Concerns on Fourth Avenue •There are already four (4) speed humps on Fourth Avenue plus the all-way stop at Hamilton Street. •City’s Transportation Staff last review of Fourth Avenue noted that the operating speed is well below the fifty (50) km/h speed limit. Staff can install the portable speed display board for a duration of two (2) – three (3) weeks to provide driver feedback. •Record of Site Condition •A holding provision will be placed in the site-specific zoning by-law. A Record of Site Condition is filed with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Niagara Region and City. The holding provision will be removed once the review has been completed and Record of Site Condition has been filed and acknowledged.Page 69 of 296 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed five (5) stacked townhouse blocks would facilitate residential redevelopment that is more compatible with the surrounding residential dwellings and the Residential designation; •The proposal will contribute to the City’s intensification target and will assist with diversifying the range of housing types/unit, twenty-four (24) of which are intended to be affordable to moderate income households; •The property will utilize existing municipal infrastructure. •The recommended Holding (H) provision will facilitate the redevelopment of the lands in a manner that will maintain appropriate levels of public health and safety.Page 70 of 296 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Official Plan and Zoning By-law amendment as recommended in report PBD-2024-37 RecommendationRecommendation Page 71 of 296 4280 Fourth Avenue, Niagara Falls City of Niagara Falls Applications for Official Plan Amendment and Zoning By-law Amendment For: 1274505 ONTARIO LTD. Prepared by: September 10th , 2024 Page 72 of 296 Description of Subject Lands & Surrounding Context Municipal Address •4280 Fourth Avenue, Niagara Falls Existing / Previous Use •Vacant / Previously Ball Hockey Rinks Location Details: •Frontage: 87 metres along Fourth Avenue, limited Frontage along Third Avenue, Niagara Falls Property Size: •Area: 7,268.29 m² (0.73 hectares). Niagara Falls Official Designation: •Residential Niagara Falls Zoning By-law Designation: •Light Industrial (LI Zone)Page 73 of 296 Neighbourhood Context Road Classification: Third Avenue: Local Road Fourth Avenue: Local Road Multimodal Transportation Options: •Located near the Future NS&T Rail Trail. •Public Transportation on Bridge Street. •Located approximately 1 kilometre from Major Transit Station Page 74 of 296 Proposed Development Stacked Townhouse Buildings: •Five (5) three-storey stacked townhouse buildings with one (1) partially below grade level. •72 dwelling units, each to contain two (2) bedrooms. •Each module contains three (3) different unit types/sizes. Parking Facilities: •90 total parking spaces. •Four (4) accessible spaces •Located at rear and in garages Page 75 of 296 Perspective Views From Fourth Avenue Rear Side Page 76 of 296 Proposed Official Plan Amendment Existing and Proposed Designation: •Residential Proposed Change: •Increase the density from a maximum of 75 units per hectare to 100 units per hectare, fronting on a local road.Page 77 of 296 Residential Apartment 5C Density (R5C) Zone Site-Specific Zoning Regulation Zoning By -Law Requirement Proposed through ZBA Application Minimum Front Yard Depth 7.5 metres 5.5 metres Minimum Interior Side Yard Width One-half the height of the building = 4.875 metres 4.5 metres Minimum Parking Requirement 1.4 parking spaces per dwelling unit = 101 spaces 1.25 parking spaces per dwelling unit = 90 spaces Minimum Landscaped Open Space 40% of lot area 21.44% of lot area Minimum Aisle Width 6.9 metres 6.0 metres Minimum Amenity Space 20 m² per dwelling unit = 1,440 m² 14.75 m² per dwelling unit = 1,062.6 m² Proposed Zoning By-law Amendment Page 78 of 296 Supporting Studies •Planning Justification Report (PJR) •Tree Inventory Preservation Plan (TIPP) •Noise & Vibration Study and Land Use Compatibility Study •Functional Servicing Design Brief •Municipal Servicing Study •Environmental Site Assessment Phase 1 & 2 Page 79 of 296 The application is consistent with the Provincial Policy Statement and in conformity with A Place to Grow – Growth Plan, the Niagara Official Plan, and the City of Niagara Falls Official Plan. Summary The applications would support residential development that aligns better with the City's OP and the surrounding Residential Land Use designation. The development will make efficient use of existing municipal services and facilities. The applications support the remediation and redevelopment of an underutilized brownfield in Niagara Falls' built -up area. The applications enable the development of 72 stacked townhouses, adding to the housing diversity in Niagara Falls. Summary Page 80 of 296 Thank you Questions?Page 81 of 296 PBD-2024-38 Report Report to: Mayor and Council Date: September 10, 2024 Title: AM-2024-013, Zoning By-law Amendment 5234-5276, 5278 & 5284 Ferry Street and 5928 Clark Avenue Proposal: To permit the development of a hotel with two 30 - storey towers connected by a 4-storey podium, containing 548 hotel rooms. Applicant: 2550185 Ontario Inc. Agent: Max Fedchyshak (Niagara Planning Solutions) Recommendation(s) That Council APPROVE a Zoning By-law Amendment to facilitate the development of hotel with two 30-storey towers connected by a 4-storey podium, containing 548 hotel rooms. That the amending by-law INCLUDE a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Executive Summary 2550185 Ontario Inc. has requested a Zoning By-law Amendment for the lands known municipally as 5234-5276, 5278 & 5284 Ferry Street and 5928 Clark Avenue. The application proposes the development of hotel with two 30-storey towers connected by a 4-storey podium, containing 548 hotel rooms. The amendments are recommended by Staff for the following reasons, subject to a future Site Plan Agreement:  The proposed development conforms to the Provincial, Regional and City policies as it supports the development of a complete community by intensification of the delineated built-up area and encourages a mix of land uses, including employment uses to support the creation of these complete communities;  The proposed development will utilize existing municipal infrastructure and services and minimize urban land consumption;  The proposed development is located within the City of Niagara Falls Fallsview Central Tourist District and is designated for high-rise Tourist Commercial development; Page 1 of 30 Page 82 of 296  The proposed development facilitates an active streetscape with a variety of at grade commercial uses;  The proposed development will support the City’s tourism industry by providing job opportunities for the City and Region; and,  The proposed site-specific amendments to the Tourist Commercial zone are appropriate for the area and conform with the intent of the Official Plan. Background 2550185 Ontario Inc. has requested a Zoning By-law Amendment for lands known municipally as 5234-5276, 5278 & 5284 Ferry Street and 5928 Clark Avenue totaling approximately 0.82 hectares, as shown on Appendix 1. Appendix 2, Appendix 3 and Appendix 4 show the details of the proposal. Appendix 5 and Appendix 6 show the landscape plans. The subject lands are triangular in shape with approximately 121 metres of frontage on Ferry Street, a lot depth of approximately 110 metres, and a total area of approximately 0.82 hectares. The Subject Lands contain several existing buildings. At the corner of Ferry Street and Clark Avenue is an existing two-storey motel, “Niagara’s Best Inn,” with two ground floor take-out/dining establishments including “Afghan Kebab” and “Delhi Junction”. Two commercial buildings of 1-2 storeys in height are located directly east of the motel at 5276-5278 Ferry Street with multiple ground floor commercial uses. A 4- storey “Quality Inn” hotel is located at the northeastern corner of the Subject Lands (5234 Ferry Street) with a “Hooters” restaurant located at grade along Ferry Street. Surface parking is provided between the hotel and commercial buildings at 5234 Ferry Street and 5276 Ferry Street. A 2-storey building housing a restaurant called “Inchins Indian Kitchen” is located at 5928 Clark Avenue, directly south of the Niagara’s Best Inn. The Owner is proposing an application for a Zoning By-law Amendment to facilitate the development of two hotel towers, both 30 storeys (113.1 metres) in height, connected by a 4-storey podium with ground floor commercial uses and parking on floors 2-4. At the northeast, fronting Ferry Street, is the proposed Tower 1 hotel lobby, additional commercial space and restaurant space with an associated outdoor patio. Along the western property line fronting Clark Avenue is the proposed Tower 2 hotel lobby with loading bay entrances. Access to the commercial spaces at the corner of Ferry Street and Clark Avenue are also proposed. Tower 1 is proposed to be setback 4.13 metres from the Ferry Street frontage and Tower 2 is proposed to be setback 9.83 metres from the Clark Avenue frontage. Tower 1 proposes 273 hotel rooms with Tower 2 proposing 275, for a total of 548 hotel rooms. A rooftop garden and terrace area is proposed above a 4-storey commercial/parking podium that sits between the 2 towers. A "Skylobby" with an area of 1,196 square metres has been proposed between the two towers, 1 storey above the podium (5th storey). The Skylobby will operate as an interchange area providing a common area Page 2 of 30 Page 83 of 296 with access elevator systems for both towers and the rooftop gardens area. The roof of the podium will be open space for hotel guests. The subject lands are designated Tourist Commercial in accordance with the City’s Official Plan. An Official Plan Amendment is not required as the proposal is located within the high-rise development (13-30 storeys) and complies in accordance with the Height Strategy in the Tourist Commercial designation. The applicant is proposing to rezone the lands to a site-specific Tourist Commercial (TC)) Zone to facilitate the development of a hotel with two 30-storey towers connected by a 4-storey podium, containing 548 hotel rooms. Site Condition and Surrounding Land Uses The subject lands are located at the southeast corner of Ferry Street and Clark Avenue with 2 existing motels, multiple restaurants and retail uses on the subject properties. Surrounding land uses include: North – Restaurants and mid-rise hotels; South – Parking Lots; East – Mid-rise hotel; West – Low-rise motels Circulation Comments Information about the requested Zoning By-law Amendment application was circulated to City departments and divisions, and external agencies for comments. The following summarizes the comments received to date. Regional Municipality of Niagara  The Zoning By-law Amendment application is consistent with the Provincial Policy Statement and conform to Provincial policies. Further comments will be provided at the time of future Site Plan application.  The subject lands are currently occupied by several existing buildings, consisting of a motel, a hotel, and several restaurants. The proposal will be an intensification of existing serviced lands within the urban area that are zoned for Tourist Commercial uses.  Regional staff do not object to the proposal from a Provincial or Regional perspective as the use is permitted within the urban area. Page 3 of 30 Page 84 of 296 Indigenous Groups, Niagara Parks Commission, Bell Canada and Enbridge Gas  No objections or questions regarding the proposal. Building Services  No objections. A water / sewer permit shall be obtained to construct site services. Building permits will be required to facilitate the proposed development. All necessary fees and securities will be assessed during the building permit review. City, Regional, and Educational Development Charges will be assessed at the time of building permit review. GIS Services and Legal Services  No objections. Fire Services  No concerns with respect to the applications. Technical comments will be provided at the time of the future Site Plan application. Urban Design & Landscape Services  Comments noted below should be implemented as part of the site plan application process in an effort to ensure an attractive and usable business district;  Detailed information for bike storage/parking, site furniture, seat walls, street trees, tree grates, planters, soil trenches within raised planters, and paving features will be required at the site plan review stage.  Integrate shade trees, green roofs, and reflective materials into the landscape plan, especially on the roof decks of the parking structure. These measures will enhance environmental sustainability and reduce heat retention.  The proposed bike parking locations along pedestrian sidewalks and roadways should be shown on the plan to ensure they are well-integrated with the overall site design and promote walkability and connectivity to the public realm.  More details on the Roof-Top Garden and Terrace area will be required at the Site Plan Application Stage, along with an explanation of how the landscape will be integrated into the roof deck to ensure plants are sustainable and thrive.  Building façade and architecture at the podium level should be designed to enhance the public realm and with pedestrians in mind.  Cash-in-lieu of parkland dedication will be collected at the Site Plan Control stage at the current prescribed rate of 2% for tourist commercial uses. Municipal Works (Development Engineering) Page 4 of 30 Page 85 of 296  Staff have no concerns or objections. Staff have received the draft third-party sanitary infrastructure modeling assessment and have no concerns. A detailed review of the proposed engineering design will occur at the site plan application stage. Municipal Works (Transportation Services) A traffic study was provided by Paradigm Transportation Solutions Limited dated May 2024 and reviewed. The report recommends the following road improvements which can be addressed as part of the site plan process:  Additional lane northbound on Clark Avenue and Ferry Street (left lane & through/right lane);  Southbound left turn lane on Clark Avenue and the northern site access;  Additional lane southbound on Clark Avenue and Robinson Street (left lane & through/right lane);  Provision of an advance left turn green phase for westbound traffic on Ferry Street at Clark Avenue and at Fallsview Boulevard; and,  City’s Transportation Staff required preliminary designs to see how northbound lanes align with Ellen Avenue on the north side of the Ferry Street intersection, and how the back-to-back turn lanes on Clark Avenue would fit in the cross- section. Details can be addressed at site plan. A municipal sidewalk abuts the subject lands. The sidewalk must continue uninterrupted through driveway accesses. Abandoned driveways to have barrier curbs and boulevards restored to City standards. These items can be addressed at the site plan stage. The property is serviced by the WEGO red and blue lines (which proceeds west only on Ferry Street), with Niagara Region Transit routes 104/204 running east/west on Ferry Street in both directions. Bus stops are located on both sides of Ferry Street within a 10 meters distance of the subject lands. Neighbourhood Comments A Public Information Open House was held on July 15th, 2024. The agent representing the applicant was in attendance. No members of the public were in attendance and no emails or other inquires were received. Analysis Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent with, and conforms as follows: Page 5 of 30 Page 86 of 296  The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act;  The Growth Plan directs municipalities to encourage intensification generally throughout the delineated built-up area and prioritize planning and investment in infrastructure and public service facilities that will support intensification;  The proposed hotel creates opportunities for expanding the tourism economy in Niagara Falls while providing new employment opportunities for residents. The location of the proposal is within the City’s Central Tourism District and the Clifton Hill Tourism Subdistrict providing further tourism uses and accommodations within the tourism core of the City;  The proposed development is easily accessible for employees and guests due to its location on several transit corridors including Niagara Region Transit, Niagara Parks Commission WEGO service, and close proximity to the Niagara Falls Train station and VIA Rail/GO Transit. Regional Official Plan The subject land is designated Delineated Built-up Area in the Niagara Official Plan (NOP). The NOP builds on the direction of both the PPS and Growth Plan, and encourages a mix of land uses, including employment uses to support the creation of complete communities. The NOP encourages built forms that minimize land consumption and opportunities for intensification throughout these areas, and the integration of gentle density, that considers the character of established residential neighbourhoods.  The proposal provides intensification of tourism uses within the Built-up Area of Niagara Falls. This development is in a location that provides a mix of commercial and hospitality development within the Urban Area that is easily accessible to residential uses.  The proposed development supports public and active transit infrastructure with its location along the Region's Strategic Cycling Network (Ferry Street) and its proximity to two public transit bus routes (Niagara Region Transit and WEGO Transit). City Official Plan The subject lands are located within the Fallsview Tourist Subdistrict and adjacent to the Queen Victoria Park Tourist Subdistrict, in accordance with the City’s Official Plan. These two tourist subdistricts form part of the broader Central Tourist District. The Fallsview Subdistrict shall function as the primary location for large scale accommodations, entertainment, retail and cultural attractions, and shall be the primary location for high-rise hotels and multiple family residential developments in the Tourist Area. Page 6 of 30 Page 87 of 296 Queen Victoria Park shall be maintained as a high-quality, well-landscaped urban park within which to experience and protect the natural environment of Niagara Falls, the gorge and the Niagara River, and shall continue to function as the primary attraction and main destination for visitors to Niagara Falls. New buildings and structures shall be carefully sited and designed to complement and not detract from the open space, viewing function and cultural heritage value of Queen Victoria Park. The proposal is located beyond 300 metre of the Skylon Tower and will not have adverse impact on any view corridors to and from the Tower. The subject lands are designated Tourist Commercial in accordance with the City of Niagara Falls Official Plan. The proposed development is located within the area of the City that is envisioned for high-rise development (13 to 30 storeys). The proposal is required to demonstrate conformity with the policies 4.1.23 and 4.1.24. High-rise buildings are permitted in this area with variable heights with the mass not forming a continuous wall when viewed from Queen Victoria Park, the U.S. side or the City of Niagara Falls. The proposal must follow built-form principles with a submission of an Architectural Peer Review that have been established in the Tourist Area with no significant adverse wind or shadowing impacts. The proposal conforms with the intent of the Official Plan as follows:  The proposed development is located within of the area of the City that is envisioned for high-rise development and building heights are to be reduced towards the periphery of the tourist core. It has been demonstrated that the proposed development is compatible with surrounding land uses and will not contribute to a “wall of development”;  The proposed development aligns with the objectives of the City’s Official Plan as the proposal is located within the Urban Area which will allow for a creation of a variety of tourism jobs for the residents of the City that can easily get to by active transportation routes;  A Transportation Impact Study (TIS) was conducted to support the proposed development with recommendations related to signalization upgrades at the intersections of Ferry at Clark Avenue/Ellen Avenue, Ferry Street and Fallsview Boulevard, Robinson Street at Clark Avenue, and Clark Avenue at the northern driveway;  There is sufficient municipal servicing capacity to support the proposal and there are no residential lands that would be negatively impacted by the proposal; and,  A Pedestrian Wind Study, Sun Shadow Study and a Traffic Impact Assessment were conducted to analyze the impacts of the proposed building and determined there will be minimal impacts on the surrounding lands with recommended mitigation measures as part of the pedestrian wind study. Sun Shadow Study: The Sun Shadow Study, prepared by Jason Pizzicarola Design – Architects Inc. and dated May 2024, and in June 2024 assesses the proposed development between the Page 7 of 30 Page 88 of 296 hours of 10:00 AM and 6:00 PM on April 21st, June 21st, September 21st and December 21st in accordance with industry practices and the City’s Tourist Area Design Guidelines. Outdoor Residential Amenity Spaces on Adjacent Properties - adjacent residential amenity areas should receive at a minimum of 6 hours of sunlight between 10am to 6pm from April 21st to September 21st:  On subject dates April 21 to September 21 shadows are not cast on any residential amenity areas. There will be temporary shadowing on residential amenity areas between the hours of 10 am to 12 pm on December 21. The impacts are minimal due to the temporary nature of the shadowing and infrequent use of outdoor amenity areas during the winter months. Public Outdoor Amenity Spaces - including Communal Outdoor Amenity Spaces include school yards, children’s play areas, public outdoor pools, community gardens, privately owned public spaces, Civic and Cultural Spaces, and other outdoor public areas. Shadows cast by existing buildings and shadows from proposed buildings should allow for 5 hours of full sun between 10am-6pm on April 21. School yards and children’s play areas should receive at least 3 hours of sun on: December 21st (10am to 3pm)  On subject dates April 21st shadows are not cast on any public amenity areas as noted in the Terms of Reference such as not to allow for 5 hours of full sun between 10am-6pm. There are no schoolyards or children's play areas within the area impacted by shadows cast by the proposed development on December 21 between the hours of 10am-3pm. Sidewalk area and boulevards along the frontage of the development – should continue to receive a minimum of 4 hours of 10am-6pm.  The Shadow Study Report acknowledges that the Ferry Street frontage of the Subject Lands (south side of Ferry Street) will feature less than 4 hours of sunlight on April 21. Given the geographical location of the City in the northern hemisphere, avoiding casting shadows onto Ferry Street sidewalks would be difficult to achieve. The proposed development mitigates shadowing impacts by providing for step backs, two separate towers, and slender tower designs to maximize sunlight onto Ferry Street. Note, on June 21 and September 21 the south side of Ferry Street achieves a minimum of 4 hours of sunlight. Parks, Open Spaces and Natural Heritage areas - Shadows cast by existing buildings and proposed developments surrounding parks and other open spaces should not exceed 3 hours in duration between the hours of 10am to 6pm on: April 21st and September 21st. Page 8 of 30 Page 89 of 296  Shadows cast by the proposed development do not exceed 3 hours in duration on any parks or other public open spaces on the test dates from April 21 to September 21st (inclusive) ensuring that Queen Victoria Park retains sufficient sunlight during the summer months. This assessment of the proposed development proves to generally meet the shadow impact criteria outlined in the City of Niagara Falls Terms of Reference for the Sun/Shadow Study. With the application of sleek massing, building separation, step- backs, articulation and purposeful building orientation, the proposed development has a minimal shadow impact and has implemented the mitigation methods applicable on the site and therefore it is concluded that the proposed development satisfactorily meets the City’s shadow impact criteria. Pedestrian Level Wind Study: The Pedestrian Level Wind Study prepared by Gradient Wind dated January 17, 2024 states that based on the wind tunnel test results, with experience to similar developments in Niagara Falls, the future wind conditions over grade-level pedestrian wind-sensitive areas within and surrounding the study site will be acceptable for the intended uses on a seasonal basis. Exceptions include several retail entrances, for which mitigation is recommended as detailed below. All hotel lobby and most retail entrances will be comfortable for standing or better throughout the year, which is appropriate. Exceptions include the retail entrances fronting Ferry Street to the northeast and Clair Avenue to the northwest which exceed the standing criterion during the winter months.  A recommended mitigation measure is to either recess the retail entrances within the building façade or flank the entrances with vertical wind barriers and overhead canopies. The entrances to the sky lobby will generally be suitable for standing or better throughout the year, which is acceptable. The remaining terrace area will experience a mix of walking, standing, and sitting wind conditions during the summer months. To ensure wind conditions are suitable for sitting or more sedentary activities at pedestrian- sensitive locations.  A recommended mitigation measure to raise the terrace perimeter guard to at least 2.0 metres above the walking surface. Any designated seating areas are recommended to be equipped with targeted upwind barriers and/or overhead pergola structures. Such barriers should measure at least 1.6-metres-tall, be situated to the northwest/southwest, and may comprise high-solidity windscreens, raised planters with coniferous plantings, or a combination thereof. Page 9 of 30 Page 90 of 296 The mitigation measures will be reviewed and implemented during the site plan application stage. Architectural Design Review All development proposals in the Tourist Commercial area for buildings greater than 10 storeys are subject to an Architectural Design Review process. Jason Pizzicarola Design Architects submitted an Architectural Design Review Form that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook (TPRIH). Staff have reviewed the form and note the following: Principle 1 – Positive Building Base The proposed towers each have a visible 4-storey podium level, at which point the additional height of the towers is stepped back further from the street. Setback of the podium will create a established street edge on both adjacent streets. Neighbouring properties (specifically 5950 Ferry Street immediately east) feature similar setbacks, generally between 0-2 metres, ensuring the proposed development is consistent with the setbacks of adjacent properties. The proposed development will provide direct pedestrian accesses from both the Ferry Street and Clarke Avenue public realm into the various uses located on the ground floor. A total of four pedestrian entrances are proposed along Ferry Street and four entrances also proposed along Clark Avenue. The preliminary Landscape Plan shows the use of deciduous trees, hedges, and pavers to enhance the public realm, as illustrated in Appendix 4. The use of pavers acts as a visual presence informing motorists of pedestrian traffic on Clark Avenue, helping to minimize any conflicts between pedestrian and vehicular traffic. Roof-top gardens and terraces are proposed above the parking structure/podium which further defines the podium structure visually. The proposed design meets the ‘Positive Building’ principles as noted:  The design includes a street-oriented podium with appropriate setbacks and addresses the public realm on both Ferry Street and Clark Avenue;  The podium features a façade design that includes at-grade active uses, ranging from hotel lobbies, commercial uses, restaurant to pedestrian entrances, which enhances the public space;  Potential pedestrians and vehicular traffic conflict issues are minimized by limiting the number of vehicular accesses and providing a series of network pedestrian pathways. Special paving material delineate pedestrian paths;  Parking areas are screened by buildings and are not visible from the public space; and Page 10 of 30 Page 91 of 296  The weather protection canopy is architecturally integrated to provide protection for pedestrians at prominent entrances to the building. Principle 2 – Public Realm at Grade The ‘Public Realm at Grade’ principle guides future development to create great pedestrian environments with high-quality streetscape, planting and furniture and signage. The proposed landscaping shall be low-maintenance and appropriately sized and placed in relation to the building massing. The provision of the covered walkway, an attractive landscaping and the use of pavers provides pedestrians a safe and comfortable experience when walking through the development. The reduced setbacks in conjunction with a covered walkway supports the creation of a pedestrian friendly environment helping pedestrians to access the commercial uses on located on the subject property. The proposed uses at-grade will assist in an active streetscape. Given the large arrangement and design at-grade, the glazing offers transparency into the development and creates a direct relationship between the development and the public realm, which altogether enhances the pedestrian experience. The proposed landscaping, active uses and built form along Ferry Street and Clark Avenue will assist to the City’s objective of creating a high-quality public realm consisting of landscaped streets encouraging active uses and streetscape enhancements within the tourist area. Should the Zoning By-law Amendment be approved, the City will collect a Community Benefits Charge, which can assist with funding the installation of urban amenities and active transportation facilities in the general area. The ‘Public Realm at Grade’ principles are summarized as follows:  The proposed landscaping is located to create attractive amenity spaces and entranceways;  The proposed landscaping within the current and future road allowances contributes to streetscape enhancements and high-quality buffers along parking areas from the public view while contributing to the vision of the Streetscape Master Plan;  Commercial uses will be accessible at grade level which will generate foot traffic and add to the variety of pedestrian experiences along Ferry Street and Clark Avenue; and  A Community Benefits charge will be collected as part of the approval. Principle 3 – Skyview Page 11 of 30 Page 92 of 296 The ‘Sky View’ principle sets out guidelines for future development’s spacing and massing to ensure optimal transparency of sky, light and air and to avoid the feeling of a wall of development. The ground floor level has a setback of 3.3 metres from the property line. Above 15 metres, the towers are set back a minimum distance of 4.13 metres from Ferry Street and 9.83 metres from Clark Avenue. A proposed 0 metre setback for the podium serves to contribute to an enhanced streetscape and to provide the public realm more effectively. Tower 1 has a floor plate area of approximately 721 square metres and Tower 2 has a floor plate area of approximately 689 square metres. The towers are separated by a distance of 24.19 metres, slightly less than the recommended separation distance of 25 metres as per the TPRIH. This reduction of 0.81 metres is minor and the result tower placement will still provide for adequate sky view. Further, the proposed towers are located 13.8 metres (Tower 1) and 14.65 metres (Tower 2) from the property boundary to the east ensuring any future development on the parcel is able to maintain the 25 metre separation distance. The TPRIH suggests a length/width ratio of towers generally not exceeding 1:1.5. Both towers are proposed to feature lengths of approximately 38 metres and widths of approximately 18 metres resulting in a length/width ratio of approximately 1:2. The visual wall of development is influenced by a combination of tower’s floor plates and tower’s length to width ratio. Despite the slightly larger length/width ratio, the maximum length of the towers at only 38 metres will not create a slab appearance nor contribute to a visual wall of development. This design decision balances the proposed development’s massing when viewed from both streets and avoids blocking sky view from any of the streets. The ‘Sky View’ principles are satisfactory and are summarized as follows:  The proposed podium and towers are appropriately setback and stepped back from the lot lines to ensure they enhance street level activities while preserving sky view; and  The proposed towers are appropriately sized and adequately buffered from each other and the adjacent property to ensure visible sky view for pedestrians and to avoid creating a “Wall of Development”. Principle 4 – Skyline Height The ‘Skyline Height’ principle aims to create diversity of height in the Tourist District while advocating for slenderness of tall buildings. The proposed towers feature unique facades providing a combination of aluminum and glass curtainwall for floors 16 to 30, compared to the metal panels for floors 5 Page 12 of 30 Page 93 of 296 to 15. Each tower will feature a distinctive roof feature with cascading curvature resembling the organic movement of the nearby Falls. This roof feature will incorporate be will which curtainwall backlit, translucent and aluminum glass providing a unique feature to the Niagara Falls skyline. The proposal consists of a 4-storey podium with two towers with reduced building massing at the 5th storey and again at the 16th storey, ensuring they will not dominate the skyline. Additionally, the towers are appropriately set back from each other and from adjacent properties, ensuring there are adequate gaps between proposed and future tall buildings. The towers are also oriented along the adjacent streets and to define this public realm more effectively. The proposal is located more than 400 metres from Queen Victoria Park and approximately 160 metres from Desson Avenue. The proposed maximum height of 30 storeys will not interrupt the necessary gradation of height towards the Park in the east and towards the residential areas to the west nor contribute to a visual wall of development when viewed from Queen Victoria Park. The proposal is located beyond 300 metre of the Skylon Tower and will not have adverse impact on any view corridors to and from the Tower. The ‘Skyline Height’ principles are satisfactory and are summarized as follows:  The proposed development features a distinctive roof component that adds to the city skyline;  The proposed development provides appropriate setbacks and step-backs that makes sure the resulting massing does not obstruct the skyline nor form a wall of development when viewed from Queen Victoria Park;  The proposed towers respect the gradation of heights towards Queen Victoria Park and low density residential areas;  The proposed development does not cause adverse impacts on residential and institutional uses; and  The proposed development does not interfere with the presence of Skylon Tower in the city skyline. Principle 5 – Views and Vistas The ‘Views and Vistas’ principle discourages the obstruction of visual connection to the Falls and other environmental amenities. The proposal is located more than 300 metres from the Skylon Tower, more than 400 metres from Queen Victoria Park, and more than 160 metres from the nearest residential development. The proposal will, therefore, retain a positive exposure to the Skylon Tower and Queen Victoria Park and not create any visual encroachment on to sensitive residential uses. Page 13 of 30 Page 94 of 296 The proposal’s design will not impact the views to and from the American Skyline and will elevate the City of Niagara Falls’ skyline when viewed from the American side. The distance from Queen Victoria Park and the Falls guarantees the proposed development’s massing and scale will not impact the views of these natural features. The ‘Views and Vista’ principle are satisfactory addressed and summarized as follows:  The proposed development does not obstruct any views of the Skylon Tower;  The proposed development will not cause negative visual impact to the Queen Victoria Park and the Falls; and  The proposal’s design will not impact the views to and from the American Skyline and will elevate the City of Niagara Falls’ skyline when viewed from the American side. Principle 6 – Positive Microclimate The ‘Positive Microclimate’ principle ensures the height and mass of future developments do not interfere with pedestrian comfort nor create adverse shadow, wind and snow impacts on neighbouring properties. The Pedestrian Level Wind Study prepared for this application complies with the terms of reference established by the City of Niagara Falls. The Study determines that no areas within the study area are found to experience unsafe wind conditions following the construction of the proposed development. Furthermore, nearby transit stops and most of city streets surrounding the proposed development will experience wind conditions that are suitable for walking or better throughout the year, except for isolated areas along Clark Avenue where wind speed exceeds the walking criterion during the winter months by a marginal 0.2 km/h. Other grade-level pedestrian wind-sensitive areas such as principal entrances, outdoor patios and amenity areas also experience acceptable wind conditions for their intended use with mitigation measures required for some of the proposed pedestrian entrances into the commercial uses. These entrances exceeded the comfortable standing criteria during the winter months, and it is recommended to recess these entrances or flank the entrances with vertical wind barriers or canopies. These mitigation measures will be incorporated into the building design at the Site Plan Control stage.  This assessment of the proposed development proves to generally meet the shadow impact criteria outlined in the City of Niagara Falls Terms of Reference for the Sun/Shadow Study. Page 14 of 30 Page 95 of 296  With the application of sleek massing, building separation, step-backs, articulation and building orientation, the proposed development has a minimal shadow impact and has implemented the setbacks for mitigation methods applicable on the site and therefore it is concluded that the proposed development satisfactorily meets the City’s shadow impact criteria. Mitigation measures include:  To either recess the retail entrances within the building façade or flank the entrances with vertical wind barriers and overhead canopies; and  To raise the terrace perimeter guard to at least 2.0 metres above the walking surface. Any designated seating areas are recommended to be equipped with targeted upwind barriers and/or overhead pergola structures. Such barriers should measure at least 1.6-metres-tall, be situated to the northwest/southwest, and may comprise high-solidity windscreens, raised planters with coniferous plantings, or a combination thereof. The mitigation measures will be reviewed and implemented during the site plan application stage. Principle 7 – Parking and Circulation The ‘Parking and Circulation’ principle supports less intrusive parking arrangements and reduction of vehicular circulation around Queen Victoria Park. The required parking for the proposed development is provided on-site and accommodated within a 4-storey parking structure. A total of 473 parking spaces are provided on floors 2-4 with 5 drop-off spaces provided at grade. No vehicular access is provided from Ferry Street, minimizing potential pedestrian and vehicular traffic conflict and provides a pedestrian-friendly streetscape along Ferry Street. A variety of landscaping features will be provided to help screen the entrances to the parking area located on Clark Avenue. The parking structure is located above grade allowing commercial uses to interact with the public realm on the ground floor. The vehicular circulation area provides access to the hotel lobbies and the above-ground parking structure is on the ground floor and screened by the street- oriented buildings. Direct access to the parking structure is located at the southernmost access on Clark Avenue, providing adequate distance from the pedestrian trafficked areas on Ferry Street. A secondary access is also provided at the northernmost vehicular access on Clark Avenue which also provides access to the hotel lobbies and temporary drop off areas. Page 15 of 30 Page 96 of 296 The Parking and Circulation principle are satisfactory and are summarized as follows:  All parking associated with the proposed development is provided on site and within a parking structure;  Landscaping features and buildings effectively screen the vehicular circulation and parking access areas on the ground floor; and  Ground floor commercial uses will interface with the public realm, instead of parking. The proposed development has incorporated design considerations that conform with the City Official Plan policies and respects the Tourism Policy Review Implementation Handbook (TPRIH) guidelines. Overall, the proposed development will:  Provide a podium that is well-defined, and contributes to an attractive streetscape through the provision of attractive landscaping, covered passageway and active uses at grade;  The proposal will contribute to the public realm is mentioned by enhancing the visual image of the private realm through high quality landscaping and the provision of commercial uses at grade;  The sky view from the public realm through appropriate building height and massing as well as tower placement, floor plate size and dimensions;  The proposal includes distinctive roof features in its design to add to the City of the Niagara Falls’ skyline and respect the gradation of height towards residential areas and Queen Victoria Park;  The proposal will have no impacts to views of important natural and man-made features including Skylon Tower, Queen Victoria Park and the Falls;  With mitigation, the proposal will have no adverse wind and shadow impacts on sensitive uses, city streets and public areas; and  The proposal will support a pedestrian-friendly public realm by minimizing the number of vehicular accesses into the site, accommodating required parking within a parking structure and screening the vehicular circulation area effectively through at-grade buildings. Zoning By-law No. 79-200 The subject lands are zoned Tourist Commercial (TC-75) in accordance with Zoning By- law No. 79-200, as amended by By-law 2012-60 and 2012-061. The applicant is proposing to rezone the property a site-specific Tourist Commercial (TC) Zone to facilitate the proposed development of a hotel with two 30-storey towers connected by a 4-storey podium, containing 548 hotel rooms. The departures requested from the standard TC Zone regulations are summarized in the following table: Page 16 of 30 Page 97 of 296 ZONE REGULATION EXISTING REGULATION REGUESTED REGULATION STAFF RECOMMENDATION Maximum Lot Coverage 70% 81% support Maximum Height of Building or Structure 12 metres 113.1 metres inclusive of mechanical penthouse and 30 storeys exclusive of the mechanical penthouse support Rear Yard Depth Requirements 3 metres 0.3 metres support Loading Area Requirements 4 loading spaces 3 loading spaces support The requested zoning by-law amendment can be supported for the following reasons:  The increase in lot coverage can be support as the proposal will assist in a compact development that is appropriate and compatible within the City’s Central Tourism District. The required road widenings along Ferry Street and Clark Avenue amount to 8.19% of the lot area that will be dedicated to the City. The total area lot coverage without the road widening dedication would be 72.39%. When considering the area included for the road widening the departure is minor in nature and will not result in any negative impacts to the streetscape or surrounding lands. The increase in proposed built form is supporting a pedestrian-friendly public realm by minimizing the number of vehicular accesses into the site, accommodating required parking within a parking structure and screening the vehicular circulation area effectively through at-grade landscaping.  The increase in height can be supported as the proposal falls within the parameters set out for “High-Rise” development (between 13 to 30 storeys) as per Policy 4.4.3 of Part 2, Section 4 of the City's Official Plan. The proposal satisfies this requirement.  The reduction of the rear yard depth can be supported for a small area at the rear of the four-storey podium. The 0.3 m setback will still provide sufficient space for maintenance and access at the rear of the property. The hotel towers would be set back 13.8 metres from the rear lot line, providing adequate separation and views for the hotel units on the subject lands and on the adjacent lands.  The reduction of one loading space can be support as the intent of the loading space requirement within a zoning by-law is to ensure commercial buildings have sufficient area for large vehicles to unload without impacting traffic areas. The Page 17 of 30 Page 98 of 296 proposal provides three loading spaces suitable for medium and large size vehicles. These spaces will meet the needs of the proposed uses on site while maintaining efficient use of lands. City Staff reviewed the request to reduce one of the loading spaces needed for the proposal land did not have any concerns. The applicant will be required to apply for a deeming by-law to merge the properties prior to registering the site plan agreement. Currently, the lots are full lots in a plan of subdivision. A deeming by-law will allow the lots to be merged and not to be deemed full lots in a plan of subdivision. The deeming by-law can be approved by delegated authority. Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government and the City of Niagara Falls. In order to ensure that housing is delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes a sunset clause to require the execution of a Site Plan Agreement approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Appeal Provision – Section 34 of the Planning Act In accordance with Bill 185, which received Royal Assent on June 6th, 2024, the Minister, the applicant, or a specified person, public body, or registered owner of any land to which the Zoning Amendment/By-law will apply, who made oral submissions at a Public Meeting or written submissions to City Council prior to the adoption of the Zoning Amendment and/or passage of the By-law, may appeal the Zoning Amendment and/or the By-law to the Ontario Land Tribunal by filing Notices of Appeal to the Clerk. Third- party appeals are no longer permitted. Operational Implications and Risk Analysis There are no operational implications associated with this proposal. Financial Implications/Budget Impact Page 18 of 30 Page 99 of 296 The proposed development will provide development charges, cash-in-lieu of parkland dedication and a new tax assessment, and a Community Benefits Charge for the City. Strategic/Departmental Alignment While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community. Strategic Plan Pillars List of Attachments Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 By-law No. 2024- xxx-AM-2024-013 AM-2024-013 - Schedule 1 AM-2024-013 - Schedule 2 Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 30 Aug 2024 Jason Burgess, CAO Approved - 02 Sep 2024 Page 19 of 30 Page 100 of 296 APPENDIX 1 LOCATION MAP Page 20 of 30 Page 101 of 296 APPENDIX 2 CONCEPTUAL SITE PLAN Page 21 of 30 Page 102 of 296 APPENDIX 3 CONCEPTUAL PERSPECTIVE DRAWING Page 22 of 30 Page 103 of 296 APPENDIX 4 CONCEPTUAL ELEVATIONS Page 23 of 30 Page 104 of 296 APPENDIX 5 CONCEPTUAL LANDSCAPE PLAN STREET LEVEL Page 24 of 30 Page 105 of 296 APPENDIX 6 CONCEPTUAL LANDSCAPE PLAN PODIUM LEVEL Page 25 of 30 Page 106 of 296 CITY OF NIAGARA FALLS By-law No. 2024-xxx (Draft) A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of hotel with two 30 -storey towers connected by a 4-storey podium, containing 548 hotel rooms, subject to a 3-year sunset clause. (AM-2024-013) 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 this 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) The uses permitted in the TC zone. 5. The regulations governing the permitted uses shall be: (a) Location of the various Refer to Schedule 2 of this by-law components of the building or and clause (e) of this section structure on the Lands, their maximum heights and maximum number of storeys and minimum yards (b) Maximum lot coverage 81 % (c) Maximum height of building or 113.1 metres inclusive of the structure and maximum storeys the mechanical penthouse and 30 storeys exclusive of mechanical penthouse shall include the roof feature as required by clause (d) of this section and is subject to Section 6 of this by-law. Page 26 of 30 Page 107 of 296 2 (d) Roof Feature The building shall have a roof feature having a maximum height of 9 metres above the top storey. The roof feature shall be a distinct architectural element of the building (a) Minimum number of loading spaces 3 (b) The balance of the regulations specified for a TC use. 6. For the purposes of this by-law: “Roof feature” means a distinct architectural element erected above the top storey of the building and shall not contain a place of occupancy or be used for commercial purposes, unless otherwise permitted by this by-law, and shall be provided for the purposes of enhancing the design of the building and may enclose any roof mounted mechanical elements. similar other mechanical penthouses, equipment, or Notwithstanding Section 4.7 of By-law 79-200, and except for any flagpoles, or other similar roodecorative telephone, or television radio, f features and telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically consistent with the roof feature. 7. 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. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from TC to TC and numbered 1258. 11. Should the owner of the Lands not execute a Site Plan agreement within 3 years of this by-law coming into effect, then the zoning of the lands zoned TC-1258 shall be of no force and effect, and the zoning of the Lands will revert to the Tourist Commercial (TC) zone. 12. Notwithstanding clause 10 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1258 Refer to By-law No.2024-xxx Page 27 of 30 Page 108 of 296 3 Read a First, Second and Third time; passed, signed, and sealed in open Council this 10th day of September 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2024\AM-2024-013 (PLZBA20240377) - 5234 Ferry Street\3 Report\By-law No. 2024-xxx - AM-2024-013.docx Page 28 of 30 Page 109 of 296 £4Niagara ,u SCHEDULE 1 TO BY-LAW NO.2024-xxxx (Draft) Area Affected by this Amendment LUL'GOIM1was 33.3m 4.9m Amending Zoning By—IawNo.79-200 Description:Lot 1 s/s Ferry St,E of Clark St,Plan 653,abstracted as Block17,Village of Niagara ?lls,Part Block26,Plan 1,Stamford as in RO740340;City of Niagara Falls Lot 2 s/s Ferry St,E of Clark Ave,Plan 653,abstracted as Block 17,Village of Niagara Falls;City of Niagara Falls Lot 2 s/s Ferry St,E of Clark Ave,Plan 653,abstracted as Block 17,Village of Niagara Falls;Lot 4 s/s Ferry St,E of Clark Ave,Plan 653,abstracted as Block17,\?llage of Niagara ?lls;Lot 5 s/s Ferry,E of Clark Ave, Plan 653,abstracted as Block17,\?llage of Niagara ?lls;Part Lot 6 s/s FerwSt,E of Clark Ave,Plan 653, abstracted as Black 17,\?llage of Niagara Falls;Part Block26,Plan 1,Stamford,Part 1,59R-9655;City of Niagara Falls Part Block26,Plan 1,Stamford as in RO705200;City of Niagara ?lls Applicant:2550185 Ontario Inc Assessment:272503000809600,272503000806600,272503000809411,272503000809412 A M-ZOZA-Ol?’ 5mm:‘Zm‘ii‘;Mil-gar «pl 1 a :5 2.5 Page 29 of 30 Page 110 of 296 SCHEDULE 2 TO BY-LAW NO.2024- f,|:r~_~32.5m 3’) 15.0". 1v.9% la 3'» {E 0c:"5‘66 ”i N ms'?ts?wc‘s Amending Zoning By-Iaw No.79-200 Description:Lot 1 5/5Ferry St,E of Clark St,Plan 653,abstracted as Block 17,Village of Niagara ?lls,Part Block26,Plan 1,Stamford as in RO740340;City of Niagara ?lls Lot 2 5/5Ferry St,E of Clark Ave,Plan 653,abstracted as Black 17,\?llage of Niagara Falls;City of Niagara Falls Lot 2 5/5Ferry St,E of Clark Ave,Plan 653,abstracted as Block17,Village of Niagara Falls;Lot 4 5/5Ferry St,E of Clark Ave,Plan 653,abstracted as Block17,Village of Niagara Falls;Lot 5 5/5Ferry,E of Clark Ave, Plan 653,abstracted as Block17,Village of Niagara Falls;Part Lot 6 5/5Ferry St,E of Clark Ave,Plan 653, abstracted as Block17,Village of Niagara ?lls;Part Block26,Plan 1,Stamford,Part 1,59R—9655;City of Niagara ?lls Part Block26,Plan 1,Stamford as in RO705200;City of Niagara ?lls MaxNoStore'y Max?eight [Ell Palking Podium 4 16.5m Applicant:2550185 Ontario Inc Podium 6 22m Assessment:272503000809600,272503000806600,, 272503000809411,272503000809412 “we“30 113'1'“ K \cxsjeqnssts\zuzmszbemeaormg\zanmgznzzs aplx Amrznzmun s 25‘2u24Page 30 of 30 Page 111 of 296 5234-5276, 5278 & 5284 Ferry Street and 5928 Clark AvenueAddress: 5234-5276, 5278 & 5284 Ferry Street & 5928 Clark Avenue Applicant: 2550185 Ontario Inc. Agent: Max Fedchyshak (Niagara Planning Solutions) Proposal: To permit the development of two, 30-storey hotel towers connected by a 4-storey podium, containing 548 hotel rooms. Zoning By-law Amendment Application AM-2024-013 Page 112 of 296 A GREAT CITY…FOR GENERATIONS TO COME Location Page 113 of 296 A GREAT CITY…FOR GENERATIONS TO COME Background •The application is to rezone the subject properties to a site-specific Tourist Commercial (TC) zone. •Land is designated Tourist Commercial in the City’s Official Plan. The proposed development is located within the area of the City that is envisioned for high-rise development (13 to 30 storeys). High-rise buildings are permitted in this area with variable heights with the mass not forming a continuous wall when viewed from Queen Victoria Park, the U.S. side or the City of Niagara Falls. •The subject lands are currently zoned Tourist Commercial (TC-75) in accordance with zoning By-law No. 79-200, as amended by By-law No. 2012-060 and 2012-061.Page 114 of 296 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Increase the maximum lot coverage from 70% to 81%, maximum height of building or structure to 113.1 m/30 storeys, Reduce rear yard depth 3 m to 0.3 m and loading spaces from 4 to 3 loading spaces Page 115 of 296 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Perspective Page 116 of 296 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Elevations Page 117 of 296 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Elevations Page 118 of 296 A GREAT CITY…FOR GENERATIONS TO COME Open House – July 15 Comment/Concerns •No comments or concerns. No attendance from the public or emails received. Page 119 of 296 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development conforms to the Provincial, Regional and City policies as it supports the development of a complete community by intensification of the built-up area and encourages a mix of land uses, including employment uses to support the creation of these complete communities; •The proposed development is located within of the area of the City that is envisioned for high-rise development and building heights are to be reduced towards the periphery of the tourist core. It has been demonstrated that the proposed development is compatible with surrounding land uses and will not contribute to a “wall of development”; •The proposed development will utilize existing municipal infrastructure and services and minimize urban land consumption; Page 120 of 296 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •A Transportation Impact Study (TIS) was conducted with recommendations related to signalization upgrades at the intersections of Ferry at Clark Avenue/Ellen avenue. •A Pedestrian Wind Study and Sun Shadow Study were conducted and determined there will be minimal impacts on the surrounding lands with recommended mitigation measures. •The Architectural Design Review was completed that discussed and satisfied the 7 principles as part of the Official Plan requirement. Page 121 of 296 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Zoning By-law amendment as recommended in report PBD-2024-38 RecommendationRecommendation Page 122 of 296 5234-5078 Ferry Street, 5284 Ferry Street & 5928 Clark Avenue Zoning By-law Amendment Applications Public Meeting September 10, 2024 Prepared by NPG Planning SolutionsPage 123 of 296 Subject Lands & Surrounding Context ▪Frontage: 110 metres Clark Avenue, 121 metres on Ferry Street ▪Area: 8,159 sqm (0.816 hectares) ▪Part of the Clifton Hill and Fallsview Tourism Districts ▪Ferry is an Arterial Road, Clark is a Collector Road. ▪Designated Tourist Commercial ▪Zoned Tourist Commercial (TC-75)Page 124 of 296 Proposed Development •548 hotel rooms within two 30-storey towers •360 parking spaces provided in 4 storey podium •715 sqm ground floor commercial space •On-site restaurant with patio •Vehicular access from Clark AvenuePage 125 of 296 Zoning By-Law Amendment Application Minimum Rear Yard Setback Required: 3 m Proposed: 0.3 m Rezoning Existing: TC-75 Proposed: TC-XXX Required Loading Spaces Required: 5 Proposed: 3 Maximum Height Required: 12 m Proposed: 113 m Maximum Lot Coverage Required: 70% Proposed: 81%Page 126 of 296 Consistent with the Provincial Policy Statement Conforms to Growth Plan, Region and City’s Official Plans and Design Guidelines Supports the City’s tourism industry Anticipated to generate approximately 548 jobs Summary Page 127 of 296 Page 128 of 296 The City of Niagara Falls, Ontario Resolution September 10, 2024 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on September 10, 2024, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (b) personal matters about an identifiable individual, including municipal or local board employees (c) a proposed or pending acquisition or disposition of land by the municipality or local board. (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. THEREFORE BE IT RESOLVED that on September 10, 2024 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2); (b) personal matters about an identifiable individual regarding Advisory Committees and Council, (c) a proposed or pending disposition of land by the municipality, (c) a matter regarding the proposed acquisition of land by the municipality, (e) litigation or potential litigation, including matters before the Assessment Review Board and the Ontario Land Tribunal AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 129 of 296 BDD-2024-04 Report Report to: Mayor and Council Date: September 10, 2024 Title: Downtown Committee Recommendation(s) That Council APPROVE the Terms of Reference for the Downtown Committee. Executive Summary At the June 18th, 2024 City Council meeting, Council approved a motion to create a Downtown Committee. The City of Niagara Falls has various Committees made of appointed citizens, Council members and staff. A Business Improvement Area (BIA) does not currently exist for the Downtown business district. The Downtown Committee will oversee business expenditures, programming and beautification until such time as the desire for a BIA is realized. Background The Downtown business district is typically defined as the area that encompasses historic Queen Street and is home to a diverse mix of retail, restaurant, entertainment and professional service businesses. In March 2023, the bylaw establishing a Downtown BIA was repealed and City staff were directed to explore options for the potential reformation of a BIA after consultations with the Downtown business community. A stakeholder engagement campaign was conducted that included a survey and multiple open house meetings. To date, a new membership led and funded organization has not been created. The Downtown Committee would serve as an advisory committee that consists of commercial business Downtown the from owners business and property owners community. Analysis The implementation of the Downtown Committee provides a structure for stakeholders from the downtown business community to work collectively and recommend ideas for the beautification and promotion of downtown. The Terms of Reference defines the committee objectives, membership criteria and procedural matters. Page 1 of 4 Page 130 of 296 Financial Implications/Budget Impact An estimated current balance of $145,000 in unspent levy from the Downtown BIA is currently being held in reserve. The unspent reserve will be lower than the current amount once all of the expenses are accounted for. Additionally, there are a number of assets remaining from the Downtown BIA that will be required to be disposed of (via sale process) or otherwise utilized. Dependent upon the timing of the formation of this Committee they may have some input into the utilization of these assets. The Downtown Committee would provide input into the use of the remaining funds. Strategic/Departmental Alignment The implementation of a new Downtown Committee to support the beautification, promotion and redevelopment of the Downtown business district is consistent with the City’s strategic priorities of economic diversification and growth. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Contributor(s) Dean Spironello, Economic Development Officer List of Attachments BDD-2024-04 Attachment_Downtown Committee - Terms of Reference Written by: Serge Felicetti, Director of Business Development Jason Burgess, CAO Submitted by: Status: Serge Felicetti, Director of Business Development Approved - 04 Sep 2024 Jason Burgess, CAO Approved - 04 Sep 2024 Page 2 of 4 Page 131 of 296 City of Niagara Falls Downtown Advisory Committee Terms of Reference Terms of Reference 1. Purpose To bring together stakeholders from the downtown business community to create and champion ideas for the beautification and promotion of downtown. 2. Objectives To foster a spirit of collaboration by identifying and connecting forward-focused leaders from the downtown business community. To be a single point of contact on municipal matters pertaining to downtown that require input from commercial property owners and merchants. To solicit input and act as a forum for discussion about ideas to create a thriving downtown. To provide input on the use of the unspent levy and other assets from the dissolved Downtown Business Improvement Area (BIA). To identify and advise Council on policies, strategies or programs that may support downtown development. 3. Membership The advisory committee shall consist of a maximum of 11 voting members: a) Mayor b) One (1) Council Member c) A maximum of nine (9) Members representing Commercial Properties and/or Businesses in the Downtown Core A staff liaison from the City’s Business Development Department will support the committee on a non-voting basis. The “Downtown core” is typically defined as the area that encompasses historic Queen Street and is home to a diverse mix of retail, restaurant, entertainment and professional service businesses. The boundaries of the downtown business district are typically regarded as Victoria Avenue to the West, Bridge Street to the North, River Road to the East and Morrison Street to the South. Page 3 of 4 Page 132 of 296 All Committee members serve at the discretion of Council and Council can appoint or remove any Committee member at anytime. Filling of vacancies for the Committee will be considered by City Council. City Council may choose to not fill the vacancy, go to the runner up list from the beginning of the Council term or accept a recommendation from the advisory Committee. The term of the advisory Committee is concurrent with the term of Council. The Committee will exist until such time that Council decides that another appropriate entity has been formed to undertake the work of the Committee or until Council disbands the Committee. 4. Member Responsibilities Committee members are selected based upon their experience, knowledge and vision for a thriving downtown. Committee members shall work together as a team for the purpose of achieving positive outcomes that will benefit the downtown business community. 5. Meetings The Committee will hold a minimum of four meetings and a maximum of ten meetings per year at times, dates and locations selected by the Committee. The Committee may adopt additional meeting protocols and procedures, however Council can amend or change any polices or procedures of the Committee at its discretion. Quorom consists of 50% of the members, plus one, being present. A simple majority constitutes approval of motions. If quorum is not attained, no actions or recommendations emanating from a meeting have any force or effect. Any committee member missing three (3) consecutive meetings without reasonable cause or explanation will be deemed to have resigned from the advisory committee. 6. Code of Conduct The Committee shall at all times follow the policies and procedures set out in the City of Niagara Falls Council/Committee Code of Conduct. Page 4 of 4 Page 133 of 296 CLK-2024-03 Report Report to: City of Niagara Falls Council Date: September 10, 2024 Title: Fee Waiver Applications - September 2024 Submissions Recommendation(s) 1.THAT Council approve, approve in part or deny the Fee Waiver applications received for the September 10, 2024 submission date, listed as follows: a. Halloween on Queen - Community event planned by two local businesses, Cat and Monkey Events and Ronnie Dons Ice Cream, in the amount of $850.00, for the waiving of the costs associated with the road closure (staffing and equipment) and the permit application fee. b. Victim Services Niagara - Police vs. Fire Charity Softball Game - in the amount of $154.98, for the waiving of the costs associated with the field rental. Executive Summary Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper, positively impacting the quality of life of Niagara Falls residents. The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related to the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to: •Park permit fees •Rental of City Property •Road Closure Fees •Staffing costs outside normal operations Page 1 of 22 Page 134 of 296 Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to: •Registered charities •Arts and culture organizations •Athletic and social clubs •Service clubs •Neighbourhood groups and organizations, •School associations Staff continue to follow the approval process adopted by Council in 2023. In accordance with the Fee Waiver Policy, there will be two more opportunities in 2024 for community groups to submit requests for fee waivers, which will be considered for approval by Council in June and September 2024. Background CHANGE FOR FEE WAIVER REQUESTS: The changes in process, as adopted by Council at the February 28, 2023 Council Meeting, are as follows, 1) That Council consider Fee Waiver Requests three (3) times per year. The consideration dates would be March, June and September. By considering requests in a bundled fashion, Council will be able to better allocate their budget evenly across the calendar year and to organizations. If an organization misses an approval meeting, the organization can apply for a fee refund (or, in other words, pay the fee and then ask Council to refund all or a portion of the fees paid). 2) That Council consider the granting of partial fee waivers, for example approving a portion of a fee waiver request rather than always approving the full fee waiver. GRANT REQUESTS: Attached to this report are all fee waiver applications. Each application outlines a detailed event description, including dates, locations and other specifics pertaining to each request. Analysis Grant Requests These fee waiver requests amounts to a substantial portion of the total fee waiver budget that Council has, so this is a significant portion of the total budget for the first quarter of the year. Page 2 of 22 Page 135 of 296 Council can also consider some alternatives to the staff recommendation: 1) Council can approve the full amount of the request understanding that additional requests may not be satisfied this year. 2) Council can approve a portion of the request currently and then if there is budgetary room later in the year consider a refund of the portion paid. Financial Implications/Budget Impact If all fee waiver applications received are approved in full, $1,004.98 be charged to the 2024 fee waiver operating budget. The 2024 fee waiver applications being considered via this report, along with the previous approvals in March, total 65.5% of the total 2024 fee waiver budget. A summary of the financial impacts is shown in the table below: Table - 2024 Fee Waiver Operating Budget Organization/ Event Fees Waived By Council (2024) 2024 Budget - Fee Waiver Requests $51,000.00 REQUESTS APPROVED TO DATE Wally Friesman & Knights of Columbus - Wally's Chippawa Cruise Night $2,750.00+ HST OLMC YMCA Childcare Centre - YMCA Stronger Together $301.76 + HST Niagara Falls Meals on Wheels - Souper Lunch/Fundraising Soup $200.00 +HST Chippawa Volunteer Firefighters Association - Chippawa Volunteer Firefighters Annual Slo-Pitch Tourney $840.00 + HST Chippawa Volunteer Firefighters Association - Chippawa Car Show & Annual Street Dance $250.00 +HST Birchway Niagara - Birchway Niagara Book Riot $9,002.10 + HST Page 3 of 22 Page 136 of 296 Big Brothers Big Sisters of Niagara - MacBain Community Centre - small upstairs meeting room $8,970.00 +HST Heart Niagara - Cruising on the Q $4,707.06 +HST Rotary Club of Niagara Falls Sunrise - Niagara Falls Ribfest $325.00 Chippawa Volunteer Firefighters Association - SPN Slo Pitch Championships $4,320.00 + HST Niagara Falls Soccer Club - Easter Egg Hunt $75.00 +HST Request for Street Dedication - Honouring Gord Singleton (Sign toppers and application fee) at April 30, 2024 Council meeting - Direction to staff received. $651.00 + HST TOTAL APPROVED TO DATE: $32,391.92 2024 Budget Remaining (as of August 31, 2024) $18,608.08 (36.5%) ADDITIONAL REQUESTS FOR CONSIDERATION (September 10, 2024 Submissions) Halloween on Queen $850.00 Victim Services Niagara - Police vs. Fire Charity Softball Game $154.98 (no HST) TOTAL (if approved in this report) $33,396.90 Strategic Plan Pillars List of Attachments Fee Waiver Application - Halloween On Queen Fee Waiver Application - Victim Services Niagara Written by: Heather Ruzylo, Clerks & Council Services Coordinator Submitted by: Status: Bill Matson, City Clerk Approved - 30 Aug Page 4 of 22 Page 137 of 296 2024 Jason Burgess, CAO Approved - 30 Aug 2024 Page 5 of 22 Page 138 of 296 Page 6 of 22Page 139 of 296 Page 7 of 22Page 140 of 296 Page 8 of 22Page 141 of 296 Page 9 of 22Page 142 of 296 Page 10 of 22Page 143 of 296 Page 11 of 22Page 144 of 296 Page 12 of 22Page 145 of 296 Page 13 of 22Page 146 of 296 09. 13 . 2 4 police vs. fire SPONSORSHIP PROPOSAL: CHARITABLE ORGANIZATION #: #870497849 RR0001 C h a r i t y Classic VS Page 14 of 22 Page 147 of 296 Welcome VICTIM SERVICES NIAGARA WHO WE ARE Victim Services Niagara is a non-profit organization working alongside Niagara emergency services to provide emotional support and practical assistance to victims and survivors of crime and tragedy in the Niagara Region. 02www.v i c t i m s e r v i c e s n i a g a r a .o n .c a We believe in the value of client-centred and client-first support in the immediate aftermath of a crime or tragedy. We proudly serve a diverse population of survivors by providing 100% free and confidential services to those who have experienced or witnessed: sexual assault child abuse intimate-partner violence human trafficking break-and-enter motor vehicle accidents suicide & attempted suicide sudden death overdose robbery elder abuse assault stalking and harassment homicide medical crisis drowning structure fire workplace injury & death natural disaster financial crime cyber crime HOW WE HELP EMOTIONAL SUPPORT EMERGENCY FUNDING SYSTEM NAVIGATION RESOURCE REFERRALS Page 15 of 22 Page 148 of 296 03 Mission Vision Values Victim Services Niagara utilizes a team of specially trained staff and volunteers to deliver crisis intervention, referral services, and information to survivors 24 hours a day, 7 days a week. To ensure all victims of crime and tragedy receive emotional support and practical assistance. Client- centred support 1. Trauma- informed care 2. w w w .v i c t i m s e r v i c e s n i a g a r a .o n .c a Why Sponsor Our Events Targeted advertising for your brand to a diverse, local, region-wide audience. Opportunity to support the Niagara community and promote community-based support for victims, survivors, and vulnerable persons in their darkest moments. Chance to be a part of a network of Niagara businesses and non-profit organizations. Positive brand exposure. 1 2 3 4 Page 16 of 22 Page 149 of 296 Event Highlight: 04 Overview On Friday September 13th, 2024, Victim Services Niagara will offer the inaugural Police. vs. Fire Charity Baseball Classic game, including: 9 Inning Baseball game, featuring members of the Niagara Regional Police vs. Niagara Falls and St. Catharines Fire Departments Food and concessions Giveaways 50/ 50 draw POLICE VS. FIRE CHARITY BASEBALL CLASSIC w w w .v i c t i m s e r v i c e s n i a g a r a .o n .c a Friday September 13 7pm Oakes Park 5700 Morrison St., Niagara Falls Page 17 of 22 Page 150 of 296 Event Schedule 05 Opening Ceremonies & First Pitch 7:00PM w w w .v i c t i m s e r v i c e s n i a g a r a .o n .c a 6:00 PM Gates open for guests to begin checking in, purchasing team swag, and finding their seats 7:00PM- 10:00PM Food and concessions available for purchase 8:30PM Giveaways and 50/ 50 Draws Page 18 of 22 Page 151 of 296 Presenting Sponsor Included: Company logo and branding on all event signage, social media content, and advertising Booth at the entrance to the event Individual feature and appreciation post on Victim Services Niagara social media accounts 10 event tickets 10 concession tickets COST: $5000 Team Police Sponsor Included: Company logo and branding on team uniforms Company logo on banner at team dug out Feature on Victim Services Niagara social media accounts 5 event tickets 5 concession tickets COST: $2000 Packages 06 As a non-profit organization, events such as these are integral to our success in serving and supporting victims and survivors in the Niagara Region. We appreciate your support in the form of the following packages: w w w .v i c t i m s e r v i c e s n i a g a r a .o n .c a Team Fire Sponsor Included: Company logo and branding on team uniforms Company logo on banner at team dug out Feature on Victim Services Niagara social media accounts 5 event tickets 5 concession tickets COST: $2000 Page 19 of 22 Page 152 of 296 Packages 06 As a non-profit organization, events such as these are integral to our success in serving and supporting victims and survivors in the Niagara Region. We appreciate your support in the form of the following packages: w w w .v i c t i m s e r v i c e s n i a g a r a .o n .c a Home Plate Sponsor Included: Company logo and branding on home plate Banner with company logo behind home plate COST: $500 1st Base Sponsor Included: Company logo and branding on lawn sign in out field COST: $300 2nd Base Sponsor Included: Company logo and branding on lawn sign in out field COST: $300 3rd Base Sponsor Included: Company logo and branding on lawn sign in out field COST: $300 Home Run Sponsor Included: 5-10 second advertisement read aloud after every home run Scoreboard signage with company logo COST: $1000 Page 20 of 22 Page 153 of 296 In-Kind Packages 07 As a non-profit organization, events such as these are integral to our success in serving and supporting victims and survivors in the Niagara Region. We appreciate your support in the form of the following packages: w w w .v i c t i m s e r v i c e s n i a g a r a .o n .c a Spirit Sponsor Included: Company logo and branding on all spirit items provided Feature and appreciation post on Victim Services Niagara social media accounts COST: Donation of spirit items Concession Sponsor Included: Company logo and branding on day-of concession signage Feature and appreciation post on Victim Services Niagara social media accounts COST: Donation of barbecue food items Page 21 of 22 Page 154 of 296 08www.v i c t i m s e r v i c e s n i a g a r a .o n .c a Thank you & Contact Us Victim Services Niagara would like to sincerely thank you for your consideration. Your generosity and support of our cause goes a long way in helping us to continue our work supporting Niagara's strongest and most vulnerable. 905- 682-2626 24-hour line: Office: 905-688-4111 ext. 1025084 Events & Sponsorship Inquiries: Sarah McTavish, VCAO Program Coordinator 905-688-4111 ext. General Inquiries: info@victimservicesniagara.on.ca Events & Sponsorship Inquiries: Sarah McTavish, VCAO Program Coordinator: sarah@victimservicesniagara.on.ca Tarryn Anderson, Executive Director: tarryn@victimservicesniagara.on.ca Tarryn Anderson, Executive Director: 905-688-4111 ext. Page 22 of 22 Page 155 of 296 CLK-2024-05 Report Report to: Mayor and Council Date: September 10, 2024 Title: 2025 Council Meeting Schedule Recommendation(s) That Council APPROVE the proposed 2025 meeting schedule. Executive Summary A proposed 2025 Council Meeting schedule is submitted for Council’s consideration. Staff is proposing a slight increase in meeting dates for the 2025 as compared to previous years schedule. The schedule consists mainly of meetings that are three weeks apart, pending holidays. Open meetings of Council will be scheduled to start at 4:00 p.m. while public meetings under the Planning Act can be scheduled for 5:00 p.m., when necessary. During the Summer months for the past several years, Council has been able to schedule meetings at 1:00 p.m., as well as the December meeting. This start time worked well for all involved and staff suggest that the 1:00 p.m. start time could once again be scheduled for the meetings held in July, August and December of 2025, should that meet the will of Council. Background Section 5.1 of Council’s Procedural Bylaw (2019-04) states that “All regular meetings of Council shall be held … according to the schedule to be set annually and approved by Council”. As a result, on an annual basis, a new schedule is put forward for Council’s consideration for the upcoming calendar year. Subject to Council’s input, the by-law approving the schedule will be brought forward at the next regularly scheduled Council meeting. Analysis Staff is proposing a schedule mostly consisting of meetings being held every three weeks for 2024 and on occasion, every four weeks when factoring in some holidays. Page 1 of 3 Page 156 of 296 Council should also be reminded that special meetings can be called if needed, as per the Procedural bylaw. In 2024, as to date, Council has already held two Special Meetings, March 5th and May 14th, and has approved 2 more in November to review the 2025 budgets. The 2025 schedule is slightly busier with an additional meeting added in July, additional meetings scheduled in January and November, for budget discussions. Staff have purposely kept scheduled Council meetings away from weeks in which a statutory holiday has fallen, away from March Break, and away from the annual AMO and AMCTO conferences. In short, 2024 saw 17 scheduled meetings where the proposed 2025 calendar is proposing 20 meeting dates. Strategic/Departmental Alignment Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective. Strategic Plan Pillars List of Attachments 2025 Calendar-8.5x11 Council Written by: Bill Matson, City Clerk Submitted by: Status: Bill Matson, City Clerk Approved - 30 Aug 2024 Jason Burgess, CAO Approved - 30 Aug 2024 Page 2 of 3 Page 157 of 296 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY JANUARY FEBRUARY MARCH 2025 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 Council Meeting Holiday AMCTO ConferenceAMO Conference New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Christmas Day Boxing Day March Break 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 Budget Budget Budget Budget Christmas Floater Page 3 of 3 Page 158 of 296 COMM-2024-01 Report Report to: Mayor and Council Date: September 10, 2024 Title: Strategic Plan Update Recommendation(s) THAT Council receive this report for information. Executive Summary The City of Niagara Falls Council's 2023-2027 Strategic Plan was approved in 2023 and designed to guide decision-making and investments during this term of Council. As indicated in the Strategic Plan, measuring progress on the Plan is a priority, and a commitment was made to provide annual progress reports to Council and the community. A new Strategic Plan Progress page has been introduced on our City website, niagarafalls.ca to provide details on our work toward achieving the strategic pillars, objectives, and actions. Background Strategic planning is the process of defining an organization's vision, mission, and priorities and developing specific plans to implement the strategy and evaluate the results. The City of Niagara Falls Council’s 2023 – 2027 Strategic Plan is a roadmap for success. It is designed to guide decision-making and investments for this term of Council, ensuring that present choices shape the community’s future direction. The plan was approved in 2023 and collaboratively created with input from Council, residents, and staff. It identifies the key initiatives the organization is pursuing to meet citizens' needs, ensure long-term sustainability, and enhance community well-being. Council and staff have committed to serving the community responsibly and are dedicated to undertaking actions on specific initiatives that have been identified under three strategic pillars:  Sustainability  Customer Service  Economic Diversification and Growth Page 1 of 4 Page 159 of 296 As indicated in the Strategic Plan, measuring the progress being made on this Plan is a priority:  Annual progress reports will be provided to members of Council and the community each year from 2024 – 2027. The annual reports will include milestones and achievements.  The City website will feature a dashboard to provide updates on the Strategic Plan actions.  The Strategic Plan will continue to be integrated within the budget process, departmental plans, and staff SMART goals and work plans. A new Strategic Plan Progress page has been introduced on our website, niagarafalls.ca. This page aims to monitor the progress of our strategic objectives and actions while updating the community on the significant milestones achieved so far. It also details the anticipated completion dates for the City's key initiatives, establishes accountability through timelines, and helps prioritize initiatives during annual budget planning. The progress page will be updated quarterly to showcase the significant efforts toward accomplishing our strategic objectives. This 2024 progress report marks the initial review of our Plan since its inception. Notably, considerable progress has been made on Council's 2023-2027 Strategic Plan. Out of the 52 identified actions, 5 have been completed or are ahead of schedule and 44 are progressing as expected. Staff and Council are proactively addressing any challenges to ensure Council objectives are met and the Plan is complete by 2027. Some key progress highlights for each pillar include: Financial Sustainability  A Financial Analyst Model is in place. This includes shifting from a function- based to a portfolio-based model and assigning departments to analysts for support.  Recreation & Culture rates and fees have been reviewed and increased.  The Parking Strategic Plan has been completed, supporting the modernization of the City’s parking programs. Environmental Sustainability  An internal "Green Team" has been established to work on climate goals and progress on 41 critical benchmarks within the Climate Adaptation Plan.  The budget for municipal drain, ditch inventory, and Stormwater Management Facility (SWMF) cleaning has been approved.  Active Transportation Master Plan engagement is underway. Social Sustainability  Support for the development of the South Niagara Hospital has continued. The project team meets regularly to discuss the property's development. Page 2 of 4 Page 160 of 296  The Homelessness Committee (consisting of staff and community resource partners) has established bi-weekly meetings to address concerns and provide necessary outreach.  New programs and opportunities for youth are being offered at the MacBain Community Centre and through the Mayor’s Youth Advisory Committee.  The Niagara Falls Exchange opened in February 2024. Since then, the artist studios have reached 100% capacity, the woodshop studio memberships are now available to purchase, the Niagara Falls Farmers’ Market opened for the 2024 season in its new permanent home, and Mahtay Café at the Exchange opened for business. Customer Service  A customer service organizational structure has been established. This includes identified service level enhancements.  A new city website and intranet are in development.  The design finalization process for the customer service renovations at MacBain Community Centre is underway. Economic Diversification  Lands (237 acres) for the New Business Park Land Development have been acquired at Sodom Road and the QEW.  The Economic Development Strategy is being implemented; recent accomplishments include: 1. Establishing a University of Niagara Falls investment of $1.4 million into the Niagara Falls Innovation Hub over the next four years. 2. Working with Workforce Collective to establish a labour market assessment; taking an active role in the Community Improvement Plan (CIP) Review and New Official Plan; and implementing short-term goals as part of the staff work plan. The detailed Strategic Plan Progress Update can be found at niagarafalls.ca. By working collaboratively, we can address the challenges and opportunities ahead of us and create a future we can all be proud of. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Sustainability - Financial Page 3 of 4 Page 161 of 296 Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Sustainability - Environmental Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Written by: Dale Morton, Director, Communications Shelley Darlington, General Manager of Corporate Services Submitted by: Status: Dale Morton, Director, Communications Approved - 04 Sep 2024 Shelley Darlington, General Manager of Corporate Services Approved - 04 Sep 2024 Jason Burgess, CAO Approved - 04 Sep 2024 Page 4 of 4 Page 162 of 296 F-2024-34 Report Report to: Mayor and Council Date: September 10, 2024 Title: 2022 Corporation of the City of Niagara Falls (Draft) Audited Consolidated Financial Statements Recommendation(s) That Council APPROVE the 2022 Corporation of the City of Niagara Falls Draft Consolidated Financial Statements. Executive Summary The City’s auditors, Crawford, Smith & Swallow, have completed the audit of the financial statements for the year ending December 31, 2022. This report is the presentation of those statements for Council’s review and endorsement. The statements are presented in draft form so that Council can approve them. The statements will then be finalized and published. Background The Finance Department continues its efforts to bring our audited financial statements up to the current year. The Finance team and our Auditors had incurred some setbacks that caused delays. In collaboration with the Auditor it is anticipated the City will become current in the next 6-9 months as Finance and our auditors work together on completing the 2023 Draft Consolidated Financial Statements with 2023 drafts anticipated in Q1 2025. The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged Crawford, Smith & Swallow Chartered Professional Accountants LLP to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City’s Financial Information Return (FIR) submission to the Province of Ontario. Analysis Analysis relating to the City's 2022 budget to actual variances, year end reserve balances and closed capital reports can be found on the following reports on various Council agendas on the Council dates noted: F-2022-40 - Capital Project Closing and Adjustments Report as at June 30, 2022 - August 9, 2022 Council Meeting Page 1 of 51 Page 163 of 296 F-2023-22 - 2022 Parking Fund Budget to Actual Variance (unaudited) - August 15, 2023 Council Meeting F-2023-28 - 2022 (unaudited) Water & Wastewater Budget to Actual Variance - September 12, 2023 Council Meeting F-2024-01 – 2022 Budget to Actual Variance (unaudited) - Tax Levy Supported Operating Fund – April 30, 2024 Council Meeting Strategic/Departmental Alignment 1. Financial Sustainability 2. Investment and Sustainability of City Infrastructure Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . List of Attachments F-2024-34 Attachment 2 - 202212 City NF Pre Audit Letter F-2024-34 Attachment 3 - 202212 City NF - Draft Independence Letter F-2024-34 Attachment 4 - 202212 City NF Draft Management Letter F-2024-34 Attachment 5 - 202212 City NF Draft Post Audit Letter F-2024-34 Attachment 1 2022 Draft Consolidated Financial Statements Written by: Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 03 Sep 2024 Shelley Darlington, General Manager of Corporate Services Approved - 03 Sep 2024 Jason Burgess, CAO Approved - 03 Sep 2024 Page 2 of 51 Page 164 of 296 January 25, 2024 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Members of Council: The following is the communication prior to the completion of the audit of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2022 required under Canadian Auditing Standard 260 of the CPA Canada Handbook. Auditors' Responsibilities under Canadian Auditing Standards and Planning the Audit The December 31, 2022 consolidated financial statements are covered by the auditors' report. The preparation of these consolidated financial statements and the accompanying notes are the responsibility of management. Our responsibility is to express our opinion on these consolidated financial statements based on our audit. An audit is performed to obtain reasonable but not absolute assurance as to whether the consolidated financial statements are free of material misstatement. The audit includes assessing the risk that the consolidated financial statements contain material misstatements, examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements, assessing the accounting principles used and their application and assessing the significant estimates made by management. It ofsystems are capable the internal control to is management's responsibility ensure that producing accurate and timely financial information. In making our risk assessments, we consider internal controls relevant to the Municipality's preparation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. We will communicate with you in writing concerning any significant deficiencies in internal controls relevant to the audit of the consolidated financial statements that we have identified during the audit. Page 3 of 51 Page 165 of 296 Audit and Non-Audit Services The following are the audit and non-audit services that we are providing to the Municipality and its related entities: We will audit and report on the consolidated statement of financial position of the Municipality as at December 31, 2022, and the consolidated statements of operations and accumulated surplus, cash flows and change in net financial assets for the year then ended. The estimated audit fee for the fiscal year ended December 31, 2022 will be $ 49,000. In addition, we will perform the following services to the Municipality: ·We will audit and report on the statement of financial position of the Niagara Falls Public Library Board as at December 31, 2022 and the statements of operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. ·We will audit and report on the statement of financial position of the six City of Niagara Falls Business Improvement Areas as at December 31, 2022 ofstatements and the operations and accumulated surplus, cash flows, and change in net financial assets for the year then ended. ·We will audit and report on the statement of financial position of the Niagara Falls Convention and Civic Centre Inc. as at December 31, 2022 and the statements of operations, changes in net assets and cash flows for the year then ended. ·of Niagara HoldingHydro Falls financial statements audited the will consolidate We Corporation as at December 31, 2022 on a modified equity basis. The financial statements of Niagara Falls Hydro Holding Corporation will be audited and reported on by KPMG LLP. We will be placing reliance on these audited financial statements. ·We will issue a management letter for the Municipality, the Public Library Board and each Business Improvement Area for the year ended December 31, 2022. Audit Approach ofthe audit approach The following is a summary of Corporation of the City of Niagara Falls, Ontario for the year ended December 31, 2022. This list is not meant to be all inclusive, nor in any way to restrict the communication of other matters. General approach to the audit: Our audit approach for the Corporation of the City of Niagara Falls, Ontario is customized and modified as necessary to ensure that all aspects of the engagement are covered effectively. Our engagement can be divided into the following major segments: Segment One - Planning: We prepare a detailed audit planning guide, which among other things includes a review of the prior years working papers, management letters, correspondence, etc. to ensure that all matters documented for follow-up in the previous audit are addressed in the current year. Page 4 of 51 Page 166 of 296 Segment Two - Year-end Substantive Procedures: Year-end substantive procedures are essentially the verification of various consolidated financial statement balances. The time required and the extent of these procedures are based largely on the results of our audit plan and supporting working papers available to the audit team. In most cases certain substantive procedures may be performed satisfactorily in conjunction with the client's preparation of related working papers. We will request written representations from your lawyers as part of the engagement if lawsuits are outstanding. As part of our audit, a letter of representation is requested from management. This will confirm that tomay be that issues disclose material of their cognizant is management responsibility to financial statement presentation Areas of the financial statements as having a high risk of material misstatement: Areas of audit have been assigned a risk rating from low to medium. We do not feel that they warrant further discussion at this time. Materiality and audit risk levels on which the audit is based: An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the theabout judgement will involve our Therefore, financial statements. consolidated audit number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance whether the consolidated financial statements are free from material misstatement. However, because of the concept of reasonable assurance and because we will not perform an material errors, wilful oror irregularities, that there a is risk of all transactions, examination accidental violations of law and regulations including fraud or misappropriation, may exist and not be detected by us. We will advise you however, of any matters of that nature that come to our attention. For purposes of our audit, we have established a preliminary materiality figure of $ 5,000,000. How matters requested by the Members of Council during the planning process affected the planned nature and scope of the audit, including any extensions of its scope requested by the Members of Council or management: We have not received any requests from the Members of Council to extend the scope of our audit work. Please feel free to bring any additional areas of concern to our attention. Use of specialists: Reliance will be placed on the actuarial reports for Post-Employment Benefits, Accumulated Sick Leave, Nexusprepared by Benefits as Pay and Vacation Future Liability WSIB Schedule II Actuarial Consultants Ltd. These actuarial valuations were updated for the year ended December 31, 2019. The next requirement for updated actuarial valuations is for the year-ending December 31, 2022. Timing of the audit: will takeinterim testing and planning Audit follows. as The engagement audit our of timing is place over a four week period in November 2023. Final fieldwork will take place over a six week period commencing when staff is ready for us. Page 5 of 51 Page 167 of 296 Scheduled meeting with the Director of Finance to approve the consolidated financial statements and the date of the auditors' report: We will meet with the Director of Finance to discuss the consolidated financial statements and results of our audit, the management letter, and any other issues that need to be addressed. At this point, we will request that the Director approve the audited consolidated financial statements. This will the auditedon opinion we express our be the date on report our auditors' for which consolidated financial statements. Engagement Team of: Michelle Tran, Engagement Manager and Mark Palumbi,consist engagement team The will CPA, CA, LPA, Engagement Partner. The engagement manager will be responsible for the day to day provision of professional services and supervision of the review process. The engagement responsible for theand is by CPA Ontario issued License holds Public a partner Accounting engagement and its performance, and for the report that is issued on behalf of the firm. This report is intended solely for the use of management within Corporation of the City of Niagara Falls, Ontario and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Page 6 of 51 Page 168 of 296 September xx, 2024 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Members of Council: We have been engaged to audit the consolidated financial statements of Corporation of the City of Niagara Falls, Ontario (the "Municipality") for the year ended December 31, 2022. thebetween all relationships regarding with communicate you is letter of this purpose The to Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence. The following comments have been prepared to facilitate our discussion with you regarding independence matters. We hereby confirm that we: ·Have complied with the requirements regarding independence in the Chartered Professional Accountants of Ontario's CPA Code of Professional Conduct; and ·Have disclosed all relationships and other matters between the firm, network firm and the Municipality that in our opinion may reasonably be thought to bear on independence. We are not aware of any relationships between the Municipality and ourselves that, in our professional judgement, may reasonably be thought to bear on our independence, that have occurred from January 1, 2022 to September xx, 2024: This report is intended solely for the use of the Members of Council, management and others within the Municipality and should not be used for any other purposes. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP  Page 7 of 51 Page 169 of 296 September xx, 2024 Mayor Jim Diodati and Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: Audit of 2022 Consolidated Financial Statements Dear Mayor Jim Diodati and the Members of Council: We have now completed our examination of the consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the “Municipality”) for the year ended December 31, 2022. As stated in our report dated September xx, 2024 addressed to the Members of Council, Inhabitants and Ratepayers of the City, the objective of our audit was to express an opinion on the consolidated financial statements and our audit included considerations of internal controls relevant to our audit to obtain that the consolidated financialreasonable assurance statements were free of material misstatements. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal controls or for identifying all significant deficiencies that may exist. Accordingly, our audit would not usually identify all such matters that may be of interest to you and it is inappropriate to conclude that no such matters exist. In accordance with CAS 265 of the CPA Canada Handbook, Assurance, the auditor is required to communicate to those charged with governance and management deficiencies in internal control that the auditor has identified during the audit and that, in the auditor's professional judgment, are of sufficient importance to merit their respective attentions. We are pleased to report that during the course of our audit of the Municipality for the year ending December 31, 2022, we have found nothing of a significant or material nature to report to you at this time. This communication is prepared solely for the information of the Municipality and is not intended for any other purpose. We accept no responsibility to a third party that relies on this communication.  Page 8 of 51 Page 170 of 296 - 2 - We would like to take this opportunity to thank the staff for all their assistance and co-operation during our audit. Should you wish to discuss the above matters further, please contact our office at your convenience. Yours very truly, CRAWFORD SMITH & SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP Mark Palumbi, CPA, CA Engagement Partner MAP, ar  Page 9 of 51 Page 171 of 296 September xx, 2024 Members of Council Corporation of the City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Members of Council: The following is the communication of matters arising from the audit of Corporation of the City of Niagara Falls, Ontario for the year ended December 31, 2022 required under Canadian Auditing Standards 260 and 265 of the CPA Canada Handbook. This list is not meant to be all-inclusive, nor in any way to restrict the communication of other matters. Completion of External Audit The responsibilities of the auditors in relation to the consolidated financial statements is to form and been prepared bystatements which have consolidated financial an opinion on the express management with the oversight of those charged with governance. The audit of the consolidated financial statements does not relieve management or those charged with governance of their responsibilities. We have expressed an unqualified opinion as to whether the consolidated financial statements present fairly public sector accounting standards theCanadian in accordance with financial position, results of operations, cash flows and change in net financial assets of the Municipality. The audit was conducted from November 27, 2023 to September xx, 2024. Fraud Auditors' Responsibilities Relating to Fraud in an Audit of Financial Statements, CPA Canada Handbook CAS 240, defines fraud as "an intentional act by one or more individuals among management, employees, those charged with governance, or third parties, involving the use of deception to obtain an unjust or illegal advantage". Although fraud is a broad legal concept, the auditor is concerned with fraudulent acts that cause a material misstatement in the consolidated financial statements. Misstatement of the consolidated financial statements may not be the objective of some frauds, and misappropriation of assets may not necessarily result in a misstatement of the consolidated financial statements. Auditors do not make legal determinations of whether fraud has actually or those charged withoccurred. Fraud involving one or more members of management governance is referred to as "management fraud"; fraud involving only employees of the entity is referred to as "employee fraud". In either case, there may be collusion with third parties outside the entity.  Page 10 of 51 Page 172 of 296 We confirm that there were no findings of fraud to communicate to the Members of Council. Consideration of Laws and Regulations Consideration of Laws and Regulations in an Audit of Financial Statements, CPA Canada Handbook CAS 250 states that the term "non-compliance" means "acts of omission or commission by the the prevailing laws orto which are contrary intentional or either entity, unintentional, regulations. Such acts include transactions entered into by, or in the name of, the entity, or on its behalf, by those charged with governance, management or employees. Non-compliance does not the business activities of those charged(unrelated to the entity) by personal include misconduct with governance, management or employees of the entity." As explained in CPA Canada CAS 250, auditors conducting an audit in accordance with Canadian generally accepted auditing standards must obtain a general understanding of the legal and regulatory framework applicable to the entity and the industry of sector in which the entity operates and how the entity is complying with that framework. To do this the auditors inquire of management, and where appropriate those charged with governance, laws and regulations andsuch compliance with whether the entity as to is in inspecting correspondence, if any, with the relevant licensing or regulatory authorities. Although the auditors are required to remain alert to the possibility that other audit procedures applied may bring instances of non-compliance or suspected non-compliance with laws and regulations to the auditor's attention, in the absence of identified or suspected non-compliance the auditors are not required to perform audit procedures regarding the entity's compliance with laws and regulations. We confirm that no evidence which indicates non-compliance with laws and regulations was found. Weaknesses in Internal Control CAS provides the265, CPA Canada Handbook an Audit, of the Context Internal Control in following guidance concerning the communication of significant weaknesses in internal control: CPA Canada Handbook CAS 265.11 In conducting the audit, the auditors would consider only order to statements in the financial of designto controls relevant those "internal the preparation audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the consider whetherto designed is not control". of internal effectiveness An audit internal control is adequate for management's purposes. Consequently, the auditors would only identify weaknesses in internal control that come to the auditors' attention during the financial statement audit. The auditors may not identify all the weaknesses that exist. A weakness in internal control is a deficiency in the design or effective operation of internal control. The such auditors'as the by matters of weaknesses internal control is in identification influenced assessment of materiality, the auditors' preliminary assessment of the components of audit risk and the audit approach used by the auditors. For example, if the auditors use a substantive audit approach for a particular financial statement assertion, they will not perform tests of controls in this area. will generally be area this in Therefore knowledge auditors' the limited.of controls Accordingly, the auditors will not have a detailed knowledge of the control systems that enhance the reliability of data and information and therefore may not identify weaknesses in these control systems.  Page 11 of 51 Page 173 of 296 A deficiency exists when, a control is designed, implemented or operated in such a way that it is unable to prevent, or detect and correct, misstatements in the consolidated financial statements on a timely basis or a control necessary to prevent, or detect and correct, misstatements in the consolidated financial statements on a timely basis is missing. A significant deficiency exists when a deficiency, or a combination of deficiencies in internal control, is of sufficient importance to merit the attention of those charged with governance in the auditor's professional judgment. The matters being reported are limited to those deficiencies of sufficient merit to be reported to those charged with governance. Please refer to the management letter issued for further details about any deficiencies identified during the audit. Related Party Transactions As explained in Related Parties, CPA Canada Handbook CAS 550, auditors conducting an audit in accordance with generally accepted auditing standards may identify related party transactions which are auditors' professional judgement,in the which, and the normal course in not of operations involve significant judgements by management concerning measurement or disclosure. We confirm that no such transactions requiring the Members of Council to be informed were identified during the audit. We also confirm that the Municipality has adequate controls in place to identify related party transactions. Significant Accounting Principles and Policies The auditors should determine that the Members of Council are informed about: (a)the initial selection of and changes in significant accounting policies, including the adoption of encompass the specific principles and theirwhich new accounting pronouncements, method of application; (b)the effect of significant accounting policies in controversial or emerging areas, or those unique to an industry; (c)the existence of acceptable alternative policies and methods, and the acceptability of the particular policy or method used by management; (d)the extent to which the consolidated financial statements are affected by unusual transactions (including non-recurring amounts recognized during the period) and the extent to which such transactions are separately disclosed in the consolidated financial statements; and (e)the effect of the timing of transactions in relation to the period in which they are recorded. We confirm that there were no changes to significant accounting policies during the year that should be communicated to the Members of Council. Management Judgements and Accounting Estimates The auditors should determine that the Members of Council are informed about: (a)management, by made judgements the and involved, issues in formulatingrelated particularly sensitive accounting estimates and disclosures (for example, disclosures related to going concern, subsequent events and contingency issues); (b)the basis for the auditors' conclusions regarding the reasonableness of the estimates made by management in the context of the consolidated financial statements taken as a whole;  Page 12 of 51 Page 174 of 296 (c)the risks of material misstatement from estimates; (d)indicators of possible management bias; (e)the factors affecting asset and liability carrying values, including the entity's basis for determining useful lives assigned to tangible and intangible assets; (f)the timing of transactions that affect the recognition of revenues or avoid recognition of expenses; and (g)disclosure of estimation uncertainty in the consolidated financial statements. We confirm that all management judgements and accounting estimates observed during the course of the audit were reasonable and supported by appropriate documentation. Financial Statement Disclosures The auditors should determine that the Members of Council are informed about: (a)particularly sensitiveformulating in made, judgements related and involved, issues the financial statement disclosures; (b)the overall neutrality, consistency, and clarity of the disclosures in the consolidated financial statements; (c)the potential effect on the consolidated financial statements of significant risks, exposures and uncertainties (such as pending litigation); and (d)the selective correction of misstatements. We confirm that there are no other issues as described above to be communicated to the Members of Council. Other Matters Arising From the Audit In accordance with CPA Canada Handbook CAS 600, when the consolidated financial statements of an entity (primary entity) include financial information from financial statements of a component entity entityventure; or an joint or portfolio investment], [other investee subsidiary, (a than a whose financial information from financial statements is included with those of the primary entity), the auditor communicates with the Members of Council those matters relating to the component entities that in the auditors' judgement are of significance in the context of the primary entity as well as: (a)instances where the group engagement team's evaluation of the work of a component auditor gave rise to a concern about the quality of that auditor's work; (b)any limitations on the group audit, for example, where the group engagement team's access to information may have been restricted; and (c)fraud or suspected fraud involving group management, component management, employees who have significant roles in group-wide controls or others where the fraud resulted in a material misstatement of the group financial statements. We confirm that there are no matters of significance related to the financial statements of a component entity that require communication to the Members of Council.  Page 13 of 51 Page 175 of 296 In some cases, management may decide to consult with other accountants about auditing and accounting matters. When the auditors are aware that such consultation has occurred, the auditors would thethat find auditors the If appropriate. of Council Members the with communicate as of AccountingReports on the Application consultation has not in occurred accordance with Principles, Auditing Standards or Review Standards, CPA Canada Handbook 7600, this would be communicated with the Members of Council. We confirm that we are not aware of any consultations with other accountants. The auditors communicate with the Members of Council any major issues discussed with management in connection with the initial or recurring appointment of the auditors, including, among other matters, discussions regarding the application of accounting principles and auditing standards, and fees. We confirm that there are no major issues in connection with the recurring appointment of the auditor. whileencountered of Council of any significant difficulties inform the auditors The Members performing the audit, including significant delays in management providing information required for the audit, an unnecessarily brief timetable in which to complete the audit, extensive unexpected evidence, the unavailability expectedof appropriate audit obtain required to effort sufficient information, restrictions imposed on the auditor by management, and management's unwillingness to make or extend its assessment of the entity's ability to continue as a going concern when requested. Please refer to the management letter issued for further details about any significant difficulties encountered in the performance of the audit. The auditors inform the Members of Council of any significant matters discussed, or subject to correspondence with management, while performing the audit including business conditions affecting the entity and business plans and strategies that may affect the risks of material misstatement and written representations requested. Please refer to the management letter issued for further details about any significant matters that were discussed or communicated with management during the course of the audit. Please see management's representation letter for written representations requested. In accordance with CPA Canada Handbook CAS 450, the auditors shall communicate with the Members of Council uncorrected misstatements and the effect that they, individually or in The on the shallauditors' communication auditors' report. may have aggregate, opinion in the identify material uncorrected misstatements individually. The auditor shall request that uncorrected misstatements be corrected. Please refer to management's letter of representation for the list of uncorrected misstatements not made by management during the course of the audit. We agree with management's assessment that the effects of uncorrected misstatements are immaterial, both individually and in the aggregate, to the consolidated financial statements as a whole. However, in accordance with the requirements of CPA Canada Handbook CAS 450(12), we request that the Members of Council instruct management to have the uncorrected misstatements corrected. The auditors inform the Members of Council of any other significant matters relevant to the of fact or material misstatements material inconsistencies inprocess financial reporting including information accompanying the audited consolidated financial statements that have been corrected.  Page 14 of 51 Page 176 of 296 We confirm that no significant matters relevant to the financial reporting process were identified during the audit. We look forward to discussing with you the matters outlined in this letter as well as other matters that may be of interest to you. Yours very truly, CRAWFORD, SMITH AND SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP  Page 15 of 51 Page 177 of 296 Page 16 of 51Page 178 of 296 Page 17 of 51Page 179 of 296 Page 18 of 51Page 180 of 296 Page 19 of 51Page 181 of 296 Page 20 of 51Page 182 of 296 Page 21 of 51Page 183 of 296 Page 22 of 51Page 184 of 296 Page 23 of 51Page 185 of 296 Page 24 of 51Page 186 of 296 Page 25 of 51Page 187 of 296 Page 26 of 51Page 188 of 296 Page 27 of 51Page 189 of 296 Page 28 of 51Page 190 of 296 Page 29 of 51Page 191 of 296 Page 30 of 51Page 192 of 296 Page 31 of 51Page 193 of 296 Page 32 of 51Page 194 of 296 Page 33 of 51Page 195 of 296 Page 34 of 51Page 196 of 296 Page 35 of 51Page 197 of 296 Page 36 of 51Page 198 of 296 Page 37 of 51Page 199 of 296 Page 38 of 51Page 200 of 296 Page 39 of 51Page 201 of 296 Page 40 of 51Page 202 of 296 Page 41 of 51Page 203 of 296 Page 42 of 51Page 204 of 296 Page 43 of 51Page 205 of 296 Page 44 of 51Page 206 of 296 Page 45 of 51Page 207 of 296 Page 46 of 51Page 208 of 296 Page 47 of 51Page 209 of 296 Page 48 of 51Page 210 of 296 Page 49 of 51Page 211 of 296 Page 50 of 51Page 212 of 296 Page 51 of 51Page 213 of 296 R&C-2024-14 Report Report to: Mayor and Council Date: September 10, 2024 Title: MacBain Community Centre Cafe Options Recommendation(s) 1. That the city of Niagara Falls operates the MacBain Community Centre Cafe on a pilot program for a two-year period, January 6, 2025 - December 31, 2026. 2. That city staff report back to Council fall 2026 on the state of the cafe operation. Executive Summary MacBain the when 2005 September began Café Court Centre The operation Community Centre opened. Over the last 19 years four companies have been assigned operation of the Centre’s café. The former café owner ended the café agreement July 31, 2024. The owner ender the agreement early and removed the equipment as permitted in the café agreement. Options for the MacBain Community Centre Cafe are, Option One: The city operates the café, Option Two: Issue an RFP for a new café operator and Option Three: Re- purpose the cafe space for offices or multi-purpose space. Staff recommend the city operate the cafe due to the success of the former Coronation Centre Cafe. Background Upon opening the MacBain Community Centre is 2005 a business plan was developed and approved by City Council. The business plan principles included the following:  A cost sharing formula based on square footage.  Three principal partners share costs for common space.  House non-profit community groups at community rate.  Use of facility space by private interest offered at commercial rate. To assist with offsetting some of the operating expenses a private operator was selected to provide food and beverage services at the Centre. Based on the volume of people visiting the Centre on a daily basis food and beverage service is welcomed. Analysis Page 1 of 13 Page 214 of 296 The MacBain Community Centre is open seven days a week. Monday to Friday daytime hours, older adult and preschool programming are scheduled. Evening programs include swim lessons, drop-in sport activities, general recreation programs and rentals. Weekend activities include swim lessons, leisure swim times, birthday parties and rentals. With the volume of individuals accessing the Centre an affordable food and beverage service is welcomed. The former Coronation Centre, Older Adults facility hosted a full-service successful cafe staffed by volunteers. If the city operates the MacBain Community Centre, the older adult volunteers are available to assist with the operation of a cafe. Evening and weekend hours can be covered by part-time staff. A basic business plan for the cafe is attached. The objectives for the MacBain Cafe include the following:  Offer quick snack options for visitors  Set affordable prices  Provide revenues to offset Centre's expenses. Financial Implications/Budget Impact Option one, city operates the cafe, staff will need to purchase necessary equipment and supplies approximate cost of $30,000. The one-time equipment expense can be covered from Special Purposes Reserve. The city's operation plan will be to staff with volunteers and part-time staff, costing approximately $25,000 to $50,000 a year depending upon the hours and service level. Option two, the past cafe operator paid $8,755 per year based on $17.00 per square foot to operate the cafe. A new operator would be selected thru the RFP process with terms similar to past agreements. Provider would need to purchase and install new equipment. RCF staff have received four unsolicited proposals to operate the cafe. Option three, Construction costs would need to be determined to convert the space to offices or multi-purpose spaces. Strategic/Departmental Alignment To provide cost efficient food and beverage service for the MacBain Community Centre patrons. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 2 of 13 Page 215 of 296 Contributor(s) Hanya Mitchell, Manager of Older Adults and Aquatics List of Attachments RCF-2024-Attachment #1-Cafe Business Plan 2025 Written by: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 04 Sep 2024 Jason Burgess, CAO Approved - 04 Sep 2024 Page 3 of 13 Page 216 of 296 BUSINESS PLAN 2025 MacBain Community Centre C E N T R E C O U R T C A F E Page 4 of 13 Page 217 of 296 Table of CONTENTS Executive Summary Market Analysis Staffing Plan Cafe Concept & Menu Marketing & Sales Stategy Operations Plan Business Name Location Concept Mission Statement Vision Statement Industry Overview Target Market Market Needs Competitive Analysis Volunteers Paid Part Time Staff Concept Menu Financial Plan Branding Marketing Plan Local Advertising Sales Strategy Centre Court Cafe 01 02 03 04 05 06 Suppliers Equipment Day-to-Day Operations 07 Start Up Costs Staffing Costs Page 5 of 13 Page 218 of 296 Executive Summary 1. Executive Summary Business Name: Centre Court Cafe Location: MacBain Community Centre Business Concept: Centre Court Café (CCC) will be a welcoming and vibrant space dedicated to serving hot and cold beverages alongside a selection of light breakfast and lunch items such as soup and a sandwich, salads and wraps. During the evenings and weekends, we would sell a variety of items that appeal to both children and parents such as pizza slices, a selection of individually wrapped candies, freezies etc. A healthier option could also be granola bars, fruit cups, yogurt and veggie sticks with dip. The cafe will focus on creating a comfortable atmosphere for users of the MacBain community Centre as well as staff and partners of the Centre, where customers can relax, work, and socialize. Mission Statement: At the Centre Court Café our mission is to create a welcoming and vibrant community space where older adults, user groups, children and families can come together to enjoy food and beverages in a fun, safe and engaging environment. Vision Statement: We want the Café to create a positive impact at MacBain, a place where everyone feels welcome. Food and beverages will be sold at affordable prices. The team would consist of Older Adult volunteers and paid part-time staff (students) Objectives: - Offer easily accessible and quick snack options for visitors and participants of MacBain - Develop loyalty programs or discounts for staff/Older Adult members - Will expand menu options and increase revenues after year one - Set prices that are affordable while ensuring the café remains financially sustainable - Capitalize on seasonal trends by offering themed menus, or limited time offers to attract more customers and increase revenue during peak times -Implement efficient inventory management and reduce waste 01 Page 6 of 13 Page 219 of 296 Market Analysis 1. Market Analysis Industry Overview: The market for a cafe located within the community centre is driven by the needs and preferences of the user groups including families, children, fitness enthusiasts and community event attendees. Understanding the demographics consumer behaviour, and the competitive landscape is essential for positioning the cafe as a vital part of the centre. Target Market: - Local residents aged pre-school to retired - The Café will also attract visitors who may come to the centre for social gatherings, meetings, or special events Market Needs: - Parents are likely to visit the café before or after participating in swimming lessons. There are also basketball, pickleball, badminton, participants etc. who use the facility during the evening. During the daytime, Older Adult members will have a place to socially gather and enjoy a light lunch and beverage. - Comfortable seating and a welcoming atmosphere - Free Wi-Fi and ample power outlets for users of the café - Light meals and snacks Competitive Analysis: Competition in surrounding area Starbucks cafe: Strengths – established brand, high foot traffic. Weaknesses – higher prices Pita Pit: Strengths – offers a variety of fresh and healthy ingredients menu. Weaknesses – limited seating Sunset Grill – Strengths - Menu offers a wide range of classic breakfast items emphasizes fresh, high-quality ingredients with generous portions 02 Page 7 of 13 Page 220 of 296 Staffing Plan Volunteers Older Adult volunteers will play an integral role in the running of the Cafe with an estimated 109hrs being worked per week. Unsure if volunteers will work on weekends as Coronation didn’t operate on the weekends. If this is the case, and they will work, it will further reduce the staffing hours Paid part time staff (students) It is anticipated that students will work in the evenings and on weekends. The menu may change slightly with the addition of pizza being sold. Mock Schedule created Staffing Plan03 Page 8 of 13 Page 221 of 296 Cafe Concept and Menu04 4. Café Concept and Menu Concept: The Cafe will begin with a basic menu that includes a limited selection of popular items focusing on offering core items that can be consistently prepared and served quickly. Premade and ready to serve options include: Sandwiches and wraps which can be served cold or toasted Paninis and toasted sandwiches the use of a Panini press or grill for toasting sandwiches which will add variety without the need for frying Salads provide a selection of salads that are pre-prepared and available for grab and go with dressing served on the side Pastries and baked goods include an assortment of muffins cookies and other baked goods that can be sourced from local bakeries or Costco. (The Coronation Café made their own muffins thus making more profit) Easy to prepare hot items serving a rotating selection of soups that can be precooked and heated as needed offering a warm and comforting option Locally sourced Pizza Offering to support local businesses and provide our customers with delicious high quality pizza we will partner with a local pizzeria to source freshly made pizzas. These pizzas will be delivered and kept warm using a specialized pizza warming unit, ensuring they are always ready to serve at the perfect temperature. We would up charge to cover the costs of sourcing, warming and serving the pizza in our café. This approach not only enhances our menu with the popular, easy-to-serve item it will be favored with the youth who frequent the centre during the evenings. Page 9 of 13 Page 222 of 296 4. Café Concept and Menu..Cont. The Cafe will offer a range of cold beverages like cans of pop and iced tea and also serve ready brewed coffee and tea - Coffee - Tea: Green Tea, Black Tea, Herbal Tea, Chai Latte. - Pastries: Muffins, Cookies, Seasonal Specials. - Light Meals: Sandwiches, Salads, Soups. Page 10 of 13 Page 223 of 296 Marketing and Sales Strategy05 5. Marketing and Sales Strategy Branding: We may choose to keep the name ‘Centre Court Café’, or change it to something new, including a logo. Marketing Plan: Online Marketing: Social media campaigns on Instagram and Facebook, City Website with an online menu Local Advertising: Flyers and posters in local businesses/offices Older Adult Newsletter Word of Mouth: The cafe’s promotion will also rely on recommendations from users Sales Strategy examples: - Competitive pricing with seasonal promotions -Staff and Older Adult members receive discounts - Loyalty program offering free drinks after a certain number of purchases. - Catering services for local events and meetings. Page 11 of 13 Page 224 of 296 Operations Plan06 6. Operations Plan Suppliers: - Costco/ Costco Business Centre - A local Pizzeria provider - Cash & Carry - Stores Equipment: - Induction Stove - Coffee Maker - Toaster - Microwave - Panini Press - POS System (Active)? -Pizza Warmer -Stainless tables & shelving -Kitchen Supplies (excel document) Day-to-Day Operations: Open 7 days a week Mon – Fri - 9:00am – 2:00pm & 4:00pm – 8:15pm Sat – Sun – 9:00am – 4:00pm - Daily cleaning and maintenance routines. - Regular inventory checks and reordering supplies Page 12 of 13 Page 225 of 296 Financial Plan07 7. Financial Plan Startup Costs: Equipment: $15,845 Based on Convection stove. Hood needs to be installed/vented. Would like to use walk in refrigerator but do not need large walk in freezer. Contractor Work including suppression system: $8000 Initial Kitchen Inventory: $3,667 Initial Food Supplies: $2,118 Stores: $300 Total $27,216.72 Staffing Cost - Part Time Students 53.25hrs per week = $976.07 total. Page 13 of 13 Page 226 of 296 PBD-2024-39 Report Report to: Mayor and Council Date: September 10, 2024 Title: Community Improvement Plan Review Recommendation(s) 1. Council direct staff to prepare a draft Community Improvement Plan (CIP) based on the four priority areas after engagement with public stakeholders including local businesses, residents, and community organizations. 2.Council direct staff to send a copy of this report to the Region of Niagara. Executive Summary On September 12, 2023 Council authorized staff to initiate the CIP incentive review for the City. The City put this work on hold as the Region of Niagara was undertaking a similar exercise and staff wanted to align with future Regional programs if possible. Since then, City staff have reviewed, the effectiveness of the current CIP programs. Based on the data collected it appears that the majority of the current programs have had limited uptake before or since 2020 and a review is warranted to ensure that the City is focusing its incentives where they are needed most. As a result of this preliminary review City staff are planning to embark on a new Community Improvement Plan program that aligns with current issues and Council’s strategic priorities. The four proposed key priority areas are: 1. Affordable Housing 2. Economic Prosperity Generation 3. Environmental Sustainability 4. Intensification This report has been prepared to seek Council’s direction on the proposed four key priority areas, so that further review and a draft incentive program can be created for public comment. This report is also to inform the Region of Niagara of the City’s key priority areas as they continue with their review of the Region’s incentive program. Background A Community Improvement Plan (CIP) is a tool used by municipalities under Section 28 of the Planning Act to encourage community revitalization and redevelopment. Under the Planning Act, a CIP can address environmental, social, and economic development issues within a defined area covered by a community improvement project area. A Page 1 of 12 Page 227 of 296 community improvement project area (CIPA) means “a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason”. The establishment of a Community Improvement Area allows the City to offer financial incentives under a CIP program to stimulate private sector investment. These incentives can include: o Grants or loans to property owners and tenants. o Tax increment financing (TIF) to offset redevelopment costs. o Waiving or reducing fees related to planning, building permits and development charges. As part of the review City staff will assess and make recommendations to Council on the most appropriate area(s) for the establishment of the CIPA in accordance with the guidance of the Planning Act and propose incentives for each area based on the four priorities. Current Program History The City currently has 5 active Community Improvement Plans (CIPs) with several incentives under each program including Downtown, Historic Drummondville, City-Wide Brownfields, Lundy’s Lane, and Niagara Economic Gateway. The CIP programs are designed to encourage development, revitalization and improvement tailored to the needs and characteristics of the designated areas through targeted financial incentives.  The Downtown CIP includes three main programs: the Commercial Building and Façade Improvement Grant, the Revitalization Grant, and the Residential Loan. The Façade Improvement Grant aims to encourage the restoration and enhancement of commercial and mixed-use building facades, while the Revitalization Grant helps offset increased property taxes resulting from the rehabilitation of downtown properties. The Residential Loan program offers 0% interest loans to support the conversion of non-residential buildings to residential use, upgrades to existing residential structures, and the construction of new residential units on vacant properties. The Downtown CIP incentives had significant uptake for the decade after its adoption, however the program has had limited uptake since 2020.  The Historic Drummondville CIP mirrors the Downtown CIP in offering the Commercial Building and Façade Improvement Grant, the Revitalization Grant, and the Residential Loan program. These programs focus on preserving the historic character of the area while promoting building improvements and residential development. Similarly to the Downtown CIP, the Historic Drummondville CIP incentives had significant uptake for the decade after its adoption, however the program has had limited uptake since 2020. Page 2 of 12 Page 228 of 296  The Lundy’s Lane CIP provides two primary programs: the Commercial Façade, Landscaping, and Property Improvement Grant, and the Tax Increment Based Grant. The former supports the rehabilitation and facade improvement of commercial and mixed-use buildings, while the latter provides financial incentives to offset increased property taxes due to redevelopment or rehabilitation projects. Since its introduction in 2018, the Lundy’s Lane CIP has had limited uptake, with only three applications received across its programs.  The City-Wide Brownfield CIP is designed to address environmental concerns and promote the redevelopment of brownfield sites. It includes the Environmental Study Grant, which helps cover the costs of environmental assessments and remedial work plans, and the Tax Assistance and Rehabilitation Grant, which offers property tax freezes and grants to offset remediation and redevelopment costs. The Environmental Study Grant has been the program with the most uptake in the past five years. The Tax Assistance and Rehabilitation Grant has had limited uptake, however, there has been a recent increase in inquiries for this program.  Finally, the Niagara Economic Gateway CIP focuses on stimulating development on employment lands. It offers the Tax Increment Based Grant Program and the Development Charge Grant Application, both aimed at encouraging investment in the development, redevelopment, and adaptive reuse of buildings and properties in this area. Additionally, the Municipal Employment Incentive Program provides further support through planning application fee waivers, building permit fee rebates, and study grants. There have been nine applications under the Economic Gateway program since 2017. A summary of the program uptake since inception has been included in “Appendix 1”. Niagara Region Incentive Programs In October 2021, Regional Council approved the new Niagara Region Incentive Policy and its programs, which align with the Region’s Strategic Priorities of Affordable Housing, Employment, Brownfields, and Public Realm Improvement. Additionally, Regional Council implemented transition time periods with a final deadline of October 1, 2024, for the existing incentive programs. After this date, the Region will no longer contribute matching funding to most of the City’s existing CIP programs. The Niagara Economic Gateway program will continue to be offered with minor changes and Brownfield incentives will continue to be offered under new programs. However, the various incentives under the Downtown, Historic Drummondville, and Lundy’s Lane CIP will no longer receive Regional funding which provides matching incentives. Specifically, Revitalization Grants will now only offer a grant for the City portion of property taxes, rather than the previous City and Region portion of property taxes, and the various Façade grants Page 3 of 12 Page 229 of 296 The Region has initiated a further incentive last year, and staff are hopeful that the incentive review will result in a program that is similarly aligned with the priorities identified in this report. Currently, the City’s recommended priorities align with two of the four regional priorities and the City has suggested that the Region should consider having one incentive be tailored specifically to the needs of each particular municipality as the needs of one municipality differs from another. Analysis Through preliminary review of historic data, issues identified in the City’s new Official Plan work and review of Council’s strategic priorities, staff have identified four key areas to be considered as staff embark on a new community improvement plan. Staff are recommending that the incentive programs need to shift from smaller programs that support a wide range of investments, to more targeted incentives that will incentivize and support larger scale developments and investments. Though these incentives will require greater financial support, large scale projects have the additional impact of inducing other investments and create an increase in taxation through new development. These areas are: Affordable and Attainable Housing- focused on increasing the availability of low-cost living options identified by the City’s Housing Strategy, aiming to alleviate housing insecurity amongst those most in need in the attainable moderate categories as they are not covered by provincial exemptions. For example, one of the key areas identified in our housing strategy in Niagara Falls was the tourism employment sector housing and one that will need to be considered as staff review this priority area. Possible Key Incentives – The City could look to incentivize the development of houses that are delivered to the market at specific prices. Key incentives could include the waiver of development charges. Economic Priority Generation- focused on stimulation of local economic growth both industrial and in the tourism sector. A number of the programs in the industrial sector still have a significant uptake so a review of the existing programs and best practice review will determine if the current programs are sufficient or need to be reconsidered. The City does not have any incentives for the tourism sector and staff are considering some incentive programs around large tourism generators or other investments. All incentives in this category need to lead to significant investment, job creation and or a percentage of high paying jobs. Possible Key Incentives – This could include the deferral and waiver of a portion of development charges. For significantly large developments a partial tax increment grant will also be provided. Page 4 of 12 Page 230 of 296 Environmental sustainability-incentives to address ecological concerns and climate change concerns by promoting green spaces, energy-efficient buildings, and waste reduction strategies, and enhancing overall community resilience. Staff will prepare a best practice review and will rely on the City’s climate change strategy. Possible Key Incentives – Incentives could include the waiver of a portion of development charges and tax increment financing. Intensification- targeting underutilized or vacant lands in key locations aiming to boost density and optimize land use, fostering vibrant, walkable neighborhoods with a mix of residential, commercial, and recreational spaces. Historically very intense developments have had difficulty being delivered to the market. However intense developments have significant benefits to the City due to the fact that these developments generate high levels of taxation but the associated costs to service the property is significantly reduced. Staff will conduct a best practice review of incentives and rely on the intensification areas identified through the City’s new Official Plan that would support transit or active transportation. Possible Key Incentives – Incentives could include development charge waivers, deferrals and tax increment financing. Next Steps If the Council instructs staff to move forward with the four priority areas, the subsequent steps would be: Best practice review and research Collect data and information on successful strategies and practices in the four priority areas from similar communities. Determine the areas within the City that would benefit from a Community Improvement Plan based on the key priority areas. Assess current conditions, existing lands use, infrastructure, challenges, and opportunities for revitalization. Consider any possible alignment with other level of government funding. Engage Stakeholders: Involve community members, local businesses, community organizations, residents and other stakeholders to gather diverse perspectives and insights on the four priority areas and gather input on potential improvement areas and potential incentives. Develop the Draft Plan: Create a draft CIP that includes:  Designated Area: Clearly define the boundaries of the Community Improvement Plan area.  Policies and Programs: Detail the policies, programs, and incentives designed to address the identified needs and achieve the established objectives. Page 5 of 12 Page 231 of 296  Customer Focused: Outline the procedures and steps in the incentive program to ensure they are simple and user friendly for a successful program.  Financial: Determination on the impact to the levy to fund the CIP programs to ensure a successful implementation. Consideration should be given to a cap limit minimize financial impacts to the City. Determine which programs could align with other programs and incentives to maximize incentive dollars. Public Consultation:  The Planning Act mandates that municipalities must engage in public consultation when developing a CIP and staff would host public meetings and open houses to present the draft CIP and gather feedback from residents, businesses, and other stakeholders. Revise Plan:  Based on feedback, make necessary revisions to the draft CIP to better address community concerns and enhance the plan’s effectiveness. Implementation:  Preparation of an implementation strategy as a CIP must outline how the plan will be executed and funded. The municipality is responsible for monitoring the progress of the CIP and the implementation plan will identify how the plan will be monitored, and its successes reported. Official Plan Amendment and By-law  Submit the revised CIP to the municipal council for approval. This involves a formal review process and typically includes a public meeting where residents can provide final comments. Adoption:  If the council approves the CIP, it is formally adopted and becomes part of the municipal planning framework. Communication Program:  If Council approves the CIP a robust communication campaign will be required to ensure potential users of the program are aware of the incentives and how to access the programs. Monitor Progress:  Regularly monitor and evaluate the progress of the CIP. Assess whether the goals are being met and make adjustments as needed to address any emerging issues or opportunities. Financial CIP program data should also be evaluated especially if it is determined that a maximum cap should not be established to ensure Council is aware of the projects and their associated implications particularly to the levy. Page 6 of 12 Page 232 of 296 Operational Implications and Risk Analysis In 2024, Planning budgeted for the affordable housing CIP work. The remaining work on the CIP review was not budget for and will be undertaken by staff. Financial Implications/Budget Impact As the CIP program is created staff will need to consider budget implications, including any incremental costs that would need to be funded either by taxation or reserves, as part of the proposed programs. Staff are considering a maximum cap for the new CIP programs to ensure every year sufficient budget exists to fund a certain number of incentives. Strategic/Departmental Alignment The four proposed priority areas align with two of the City’s three strategic pillars.  Economic Diversification and Growth  Sustainability (Financial, social and environmental More specifically, the City’s four priority areas will align with the strategic pillars by setting up programs that support affordable housing for residents; that encourage developments that focus on the health and well-being of the environment; that foster a diversified economy and that effectively managing the City’s Financial resources. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Sustainability - Environmental Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Contributor(s) Jason Burgess, CAO Danielle Foley, Senior Planner Page 7 of 12 Page 233 of 296 List of Attachments APPENDIX 1 - Summary of CIP Activity 2007-2024 Written by: Kira Dolch, General Manager, Planning, Building & Development Submitted by: Status: Jason Burgess, CAO Approved - 05 Sep 2024 Page 8 of 12 Page 234 of 296 APPENDIX 1 – Summary of CIP Activity 2007-2024 No. of ApplicationsCOMMUNITY IMPROVEMENT PLAN Incentive Program 2007- 2016 2017- 2022 2022- 2024 Tota l Regional Matching Program Comments Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. 88 2 2 92 No Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown residential and commercial properties. 3 2 0 5 No 8 0 0 8 Downtown (2007) Residential Loan - To provide a 0% interest loan to promote the: conversion of non-residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By-law; and construction of residential units on vacant properties.105 No The Downtown CIP has been in effect since 2007 and has had limited uptake since 2020, with only two new applications since 2022. The Region will no longer contribute to the Downtown Incentive Programs. Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. 40 2 0 42 No Historic Drummondville (2007) Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown 3 3 0 6 No The Historic Drummondville CIP has been in effect since 2007 and has had limited uptake since 2020, with no new application since 2022. The Region will no longer contribute matching funding to the Historic Drummondville Incentive Programs. Page 9 of 12Page 235 of 296 residential and commercial properties. 2 0 0 2 Residential Loan - To provide a 0% interest loan to promote the: conversion of non-residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By-law; and construction of residential units on vacant properties.50 No Commercial Façade, Landscaping and Property Improvement Grant - To promote building rehabilitation and facade improvement of existing commercial and mixed use (commercial/residential) buildings. 0 1 1 2 No Adaptive Reuse & Motel Revitalization Grant Program - To provide a financial incentive in the form of a grant to promote the conversion of existing vacant spaces or existing uses to new, more viable commercial uses. 0 0 0 0 No 0 1 0 1 Lundy’s Lane (2018) Tax Increment Based Grant - To provide a financial incentive to help offset the increased property taxes that result from the rehabilitating, redeveloping, or developing buildings and properties.3 No The Lundy’s Lane CIP has had limited uptake with only three applications since its adoption in 2018. Regional participation in the Lundy’s Lane CIP programs was affected by the Regional CIP review, and as a result these programs no longer receive Regional contribution. City-Wide Brownfield (2006) Environmental Study Grant - a grant to help offset the cost of conducting a Phase II Environmental Assessment, Remedial Work Plan, and/or Risk Assessments/Risk Management Plans.4 15 3 22 No The Environmental Study Grant program has had the most uptake since 2017 out of all the City’s programs. There have been three new applications since 2022. This program will no longer receive any Regional contribution. Environmental studies will be Page 10 of 12Page 236 of 296 considered eligible costs under the new Regional Brownfield incentive programs. 3 1 1 5 Tax Assistance and Rehabilitation Grant - To provide a financial incentive in the form of a freeze of property taxes for up to 5 years to help offset the costs of remediation and to provide financial incentive in the form of an annual grant for up to 10 years after Tax Assistance Program ends to offset the costs of remediation and redevelopment. 27 Yes* The Tax Assistance/ Rehabilitation Grant has had limited uptake since its adoption in 2006 with only five applications having been received since 2008, however there has been an increase in inquiries for this program. *The new Regional Brownfield incentive programs will provide contribution for the Rehabilitation Grant, however, Regional contribution for the Tax Assistance Program has ended. Tax Increment Based Grant Program and Development Charge Grant Application - a tax increment based grant following completion of an eligible project involving development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse of buildings and properties on employment lands where that project creates an increase in assessment. 7 9 0 16 Yes Economic Gateway (2015) Municipal Employment Incentive Program - offers further incentives at the Municipal level for development that qualifies under the Tax Increment Based Grant Program including planning application Fee waivers, building permit fee rebates and study grants. 1 8 0 9 No The Economic Gateway CIP and associated Municipal Employment Incentive has had nine applications since 2017, with no new applications having been submitted since 2022. Page 11 of 12Page 237 of 296 Page 12 of 12Page 238 of 296 F-2024-37 Report Report to: Mayor and Council Date: September 10, 2024 Title: Capital Project Closing and Adjustments Report as at August 31, 2024 Recommendation(s) 1. THAT Council RECEIVE the report for information and APPROVE the recommended transfers to/from reserves/reserve funds per Attachment 1; 2. THAT Council APPROVE the closure of the projects listed in Attachment 1 and release any associated funding commitments; 3. THAT Council APPROVE the budget amendments transferring funds between cemetery projects as outlined in Attachment 2; 4. THAT Council APPROVE the post-closure adjustments to projects previously approved for closure where the final reconciled funding amount has been adjusted as outlined in Attachment 3; 5. THAT Council APPROVE a budget amendment to remove debenture financing of $700,000 and replace it with $200,000 of OLG funding as outlined in Attachment 4; 6. THAT Council APPROVE budget amendments adding funds to G80-24 to award an RFP, F93-23 to fund geotechnical and structural design costs and G56-22 to complete enhancements related to the CityView software implementation as outlined in Attachment 5. Executive Summary On an ongoing basis staff monitor and review the status of their approved capital projects. Prior to the start of the annual capital budget process, finance staff work with departmental stakeholders to identify completed projects and any other adjustments required. This ensures that reserve balances are optimized prior to the budget process and reduces the number of outstanding projects to manage once the annual capital budget is approved. There are five (5) attachments to this report which group together various transfers and adjustments, a summary of which is provided below. Page 1 of 14 Page 239 of 296 Attachment 1 contains a summary of 71 capital projects to be closed. Staff has included recommendations on which reserves or reserve funds surplus funds can be transferred to as well as which reserves or reserve funds deficits can be funded from if applicable. The net impact of the recommended transfers is a $3,220,138 contribution to reserves or reserve funds and a reduction in budgeted commitments of $3,267,825. Attachment 2 contains a summary of four (4) Cemetery-related capital projects, which require capital budget amendments to transfer funds between related projects to align the budgets with the final costs. Attachment 3 contains a listing of capital projects that have been previously approved for to amounts updated approval additional of and Council by closure require accommodate late postings and adjustments. Attachment 4 contains one (1) project where a budget reduction as well as a funding swap source is financing of the as Reserve OLG to debentures from Funds recommended. Attachment 5 contains three (3) projects where additional funding is required and therefore a budget amendment is recommended. Background This report is being prepared to provide Council with an update on the status of capital projects. The projects outlined in this report have been grouped into several categories: projects submitted for closure, including those requiring funding approval to close (Attachment 1), projects requiring approval of budget amendments and transfer of funds (Attachment 2), projects where Council has previously approved their closure, however late postings and adjustments require updated amounts to be approved (Attachment 3), a a of source in change where adjustment budget financing project and is recommended (Attachment 4) and three (3) projects where an increase to the existing budgets are being recommended (Attachment 5). Consistent with previous years, staff continues to provide Council with a closed capital report at least once a year. The project closure process is an important step in preparing for the upcoming Capital Budget as it ensures that the funding available to allocate during the budget process has been optimized. Many of the projects outlined in Attachment 1 require a funding decision. Staff has recommended which reserve or reserve fund the project surplus/deficit should be transferred to/funded from. The projects outlined in Attachment 2 require approval for budget amendments and funding transfers to align the budgets with final costs. The projects outlined in Attachment 3 require additional Council approval for the updated amounts required to fully close these projects which have previously received approval for closure. The project identified in Attachment 4 requires Council approval to reduce the overall budget and change the funding source. The projects in Attachment 5 Page 2 of 14 Page 240 of 296 requires Council approval to increase the existing budget using funds from Capital Special OLG and Reserve Permit the the (CSPRs), Reserves Purpose Building Reserve. Analysis As part of the preparations for the annual capital budget process, staff plan to bring forward at least one project close report to reduce the number of open projects to manage, review and analyze on an ongoing basis and maximize the funding available by uncommitting funds and transferring surpluses to reserves. In addition to closing projects as outlined in Attachment 1, this report also seeks to address budget-related adjustments outlined in Attachment 2, updated amounts as outlined funding in outlined as swap and 3, budget a Attachment in reduction Attachment 4, and a budget increase as outlined in Attachment 5. Staff will continue to review the status of capital projects on an ongoing basis to ensure that existing funding approvals are optimized for prompt project delivery or reprioritized to address immediate needs. Financial Implications/Budget Impact Attachment 1 contains a summary of 71 capital projects that are either over or underfunded. Staff has included recommendations on which reserves or reserve funds surplus funds can be transferred to as well as which reserves or reserve funds deficits can be funded from.  42 projects have surplus funding contributing a total of $3,769,738 to reserves and reserve funds. These projects are also reducing commitments on other funding sources by$778,014, some of which can be re-allocated via future capital budgets.  20 projects require additional funding to facilitate closure requiring $549,600 in funding from reserves and reserve funds. These projects are reducing commitments on other funding sources by $1,395,497.  9 projects do not require any funding transfers and can be closed in their current state. These projects are also releasing budgeted funding commitments of $1,094,314, increasing funding available for future capital investment.  The net impact of the 71 projects recommended for closure amounts to reserve transfers of $3,220,138 and a reduction in budgeted commitments of $3,267,825. There are several W/WW projects identified in the report with large transfer to reserves. This is largely due to favourable tender pricing allowing the City to realize some savings overall. In one case (W59-20) the surplus was due to an approval from our granting agency to transfer more OCIF funding than originally budgeted, allowing the City to Page 3 of 14 Page 241 of 296 utilize uncommitted funds from another project and thus free up reserve funding that can be put towards future water-related projects. Attachment 2 contains a summary of four (4) capital projects which require budget adjustments and funding transfers between them in order to align the budgets with final costs. There is no net financial impact to the City. Attachment 3 contains nine (9) capital projects which have previously received Council approval to be closed, however due to late postings and adjustments to these projects additional approval for these adjustments is needed.  Projects previously approved for closure via report F-2022-40 require net $35,111 to be transferred to Reserves and Reserve Funds.  Projects previously approved for closure via report F-2023-24 require net $265,243 to be transferred to Reserves and Reserve Funds. Attachment 4 contains one (1) capital project that has an existing budget of $700,000 in debenture financing, and staff is recommending a budget reduction of $500,000, and to swap the remaining $200,000 budget from debenture financing to funding from the OLG Reserve Fund. Attachment 5 contains three (3) capital projects. G80-24 that has an existing budget of $75,000. Staff is recommending an increase to the budget of $35,000 comprised of funding from three (3) different Capital Special Purpose Reserves (CSPRs) in order to award RFP37-2024. F93-23 has an existing budget of $40,000. Staff is recommending $20,000 be added to the project to cover the cost of geotechnical and structural design costs related to the installation of the trench training prop. G56-22 has an existing combined budget of $1,167,161 for two (2) phases of the project and an increase of $152,839 is recommended in order to allow for some enhancement to Phase 1 and also add a contingency to allow for potential scope changes in Phase 2 to centralize additional services to CityView. By completing this closing and adjustment report prior to the 2025 Capital Budget, it allows staff to more accurately assess the health of reserve and reserve fund balances, revise existing funding being utilized and amend budgets to facilitate procurement. This allows staff to optimize the amount of funding available for allocation during the 2025 capital budget. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 4 of 14 Page 242 of 296 Contributor(s) James Dowling, Deputy Treasurer List of Attachments F-2024-37 - Attachment 1 - 2024 Projects to be Closed F-2024-37 - Attachment 2 - 2024 Capital Budget Amendments F-2024-37 - Attachment 3 - 2024 Adjustments - Post Close-out Reports F-2024-37 - Attachment 4 - Funding Swaps F-2024-37 - Attachment 5 - Additional Funding Written by: Jennifer Yarnell, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 05 Sep 2024 Shelley Darlington, General Manager of Corporate Services Approved - 05 Sep 2024 Jason Burgess, CAO Approved - 05 Sep 2024 Page 5 of 14 Page 243 of 296 F-2024-37 - Attachment 1 - 2024 Projects to be Closed F-2024-37 September 10, 2024 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** Bridges BC21-20 Chippawa Parkway Culvert (M054C)2020 2023 595,000 622,252 (27,252) (27,252.25) CSPR 71 BC22-20 Marshall Road Bridge (M123B)2020 2023 157,000 84,674 72,326 (72,326) CCBF - CCBF BC23-20 Ort Road Bridge (M112B)2020 2023 267,000 227,661 39,339 (39,339) CCBF - CCBF 1,019,000 934,588 84,412 - (111,665) - (27,252.25) Building BP4 Condition Assessment of City Buildings 2011 2023 176,550 175,131 1,419 8,983 10,401.90 CSPR 105 BP38 King Eddy Parking Lot Fencing Improvement 2019 2019 50,000 10,568 39,432 39,432.21 OLG BP49-22 Former Sea Cadet Building - Phase 2 ESA & Building Demolition 2021 2023 30,000 44,861 (14,861) (14,860.98) CSPR 105 BP50-22 Wayne Thomson Building Basement HVAC Improvements 2022 2023 80,000 13,257 66,743 66,743.16 CSPR 105 BP55-23 Niagara Falls History Museum - Masonry Work 2023 2023 55,000 42,613 12,387 12,387.06 CSPR 26 391,550 286,430 105,120 8,983 - - 114,103.35 Cemetery C28-23 Landscaping Upgrades to Cenotaph 2023 2023 70,000 79,967 (9,967) (9,966.57) OLG 70,000 79,967 (9,967) - - (9,966.57) Fire F40-20 Training Ground Upgrades 2020 2022 30,000 17,609 12,391 12,390.92 OLG F72-20 Fire Station #3 Improvements 2020 2023 27,280 24,766 2,514 2,514.04 OLG F89-23 Personal Protective Equipment 2022 2023 244,800 167,889 76,911 76,910.80 CSPR 4 F91-23 Thermal Imaging Camera - Pumper 4 2023 2023 15,000 15,167 (167) (167.36) CSPR 4 317,080 225,432 91,648 - - 91,648.40 Fleet FR7-20 2020 Fleet Equipment Replacement 2019 2023 3,777,500 3,474,192 303,308 162,505 (466,658) CSPR 85 (844.42) CSPR 85 FR8-21 2021 Fleet Equipment Replacement 2021 2023 522,000 694,883 (172,883) 228,202 (55,556) CSPR 85 (236.32) CSPR 85 FR9-22 2022 Fleet Equipment Replacement 2022 1905 1,143,000 1,081,362 61,638 169,122 (182,117) CSPR 85 48,642.42 CSPR 85 FR13-23 Forestry Operations Equipment 2023 2024 200,000 219,717 (19,717) (19,717.02) CSPR 85 FR14-23 Fleet Pool Vehicle 2022 2023 35,400 35,187 213 213.38 CSPR 85 FR15-23 Roads Equipment and Other Flexible Attachments 2023 2023 352,000 346,842 5,158 5,158.18 CSPR 85 6,029,900 5,852,181 177,719 559,829 (704,331) 33,216.22 Page 6 of 14Page 244 of 296 F-2024-37 - Attachment 1 - 2024 Projects to be Closed F-2024-37 September 10, 2024 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** General Government G 1 New Financials & Equipment 2011 2023 1,697,979 1,857,514 (159,535) 302 (159,233.05) CSPR 1 G46-22 IS - Hardware Technology Purchases 2022 2023 400,000 443,937 (43,937) 300 (43,637.35) CSPR 2 G52-22 Customer Service Strategy 2022 2023 75,000 81,805 (6,805) (6,805.02) CSPR 1 G57-22 Climate Change Study 2023 2023 75,000 79,389 (4,389) (4,389.45) CSPR 1 G59-23 IS - Hardware Technology Purchases 2023 2023 450,000 378,570 71,430 71,429.52 CSPR 2 G69-23 LGL - Legal Files 2023 N/A 30,000 - 30,000 30,000.00 OLG G71-23 Camera Upgrades at the Service Center 2023 2023 70,000 49,905 20,095 20,094.63 OLG G73-23 Municipal Service Centre - Fence Replacement 2023 2023 70,000 64,652 5,348 5,348.15 CSPR 1 G74-23 Municipal Service Centre - Asphalt Replacement 2023 2023 65,000 5,597 59,403 59,403.19 CSPR 1 G75-23 Service Centre Wash Bay Repairs 2023 2024 55,000 51,087 3,914 3,913.50 CSPR 1 2,987,979 3,012,457 (24,478) 602 - - (23,875.88) Multiple Services MS47-20 Banting Ave & Roosevelt Ave SS & WTMN Replacement 2020 2022 20,000 16,205 3,795 3,794.69 CSPR 73 $1,882.34 CSPR 71 $1,882.35 MS62-22 Victoria Avenue & Bridge Street Roundabout 2022 2024 1,925,000 1,576,686 348,314 (348,314) CCBF - CCBF 1,945,000 1,592,891 352,109 - (348,314) 3,794.69 Parks P13 Millennium Trail Section 2 Development 2006 2024 1,880,000 1,927,345 (47,345) 6,550 (40,794.53) DCs P116 Oakes Park Canada Summer Games 2021 Park Improvements 2019 2023 3,565,000 2,976,486 588,514 (395,000) Debt ($390,00), External Revenue ($5,000) 193,513.67 CSPR 31 P118 N.S.&T. Trail Stage 2 Improvement Project (Kalar Rd to Garner Rd)2019 1905 50,000 30,020 19,980 2,525 22,505.17 OLG 5,495,000 4,933,851 561,149 9,075 (395,000) 175,224.31 Parking PRKG 23 Pay & Display Machine Purchase 2012 2024 775,000 711,876 63,125 366 63,490.77 CSPR 67 PRKG 36 Parking Enforcement System & Equipment Upgrades 2017 2020 65,000 39,212 25,788 25,787.80 CSPR 67 PRKG46-20 City Wide Parking Strategy Plan 2020 2023 99,000 88,849 10,151 10,150.88 CSPR 67 939,000 839,937 99,063 366 - - 99,429.45 Recreation and Culture RF 13 Coronation Centre Improvements 2011 2022 454,000 363,730 90,270 7,896 98,165.99 CSPR 26 RF53 Pylon Sign Project - MacBain CC and Millenium Clock 2019 2023 100,000 80,121 19,879 19,879.36 OLG RF61-20 Willoughby Historical Museum Redesign 2020 2020 35,000 - 35,000 35,000.00 CSPR 26 RF63-21 Gale Centre Refrigeration System Replacement 2021 2024 1,180,000 1,178,894 1,106 (587) CCBF 518.76 CSPR 26 RF68-23 Gale Centre Epoxy Flooring 2023 2023 95,000 79,460 15,540 15,540.33 CSPR 26 1,864,000 1,702,204 161,796 7,896 (587) - 169,104.44 Page 7 of 14Page 245 of 296 F-2024-37 - Attachment 1 - 2024 Projects to be Closed F-2024-37 September 10, 2024 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** Roads R 81 Tree Planting City Wide 2015 2019 167,500 89,564 77,936 250 78,185.88 OLG R110 Street Lighting Improvement Program 2019 2021 195,000 236,973 (41,973) (41,972.76) CSPR 3 R132-21 2021 Road Resurfacing (Mill & Pave)2021 2023 515,000 467,576 47,424 70,000 (47,664) CCBF 69,759.58 CSPR 3 R135-21 2021 Road Rehabilitation 2021 2024 1,102,000 1,075,973 26,027 (26,027) CCBF - CCBF R136-21 2021 Sidewalk Repair & Replacement 2021 2023 366,000 338,431 27,569 (27,569) CCBF - CCBF R139-22 2022 Mill & Pave Program (Road Resurfacing)2022 2024 2,040,000 1,717,234 322,766 (353,540) OCIF (30,774.90) CSPR 3 R140-22 2022 Road Rehabilitation Program 2022 2023 1,012,000 710,444 301,556 (315,637) OCIF (14,081.02) CSPR 3 R141-22 2022 Sidewalk Replacement 2022 2023 729,000 456,426 272,574 (272,574) CCBF - CCBF R142-22 2022 Surface Treatment Program 2022 2023 1,088,475 1,071,230 17,245 (17,245) CCBF - CCBF R145-21 Garner Rd Reconstruction-McLeod Rd N to Hydro Corridor 2021 N/A 135,000 - 135,000 135,000.00 CSPR 3 7,349,975 6,163,853 1,186,122 70,250 (1,060,256) 196,116.78 Sanitary Sewer SS 51 Sinnicks Ave Sanitary Sewer - Mayfair to Keith 2015 2019 150,000 88,874 61,126 2,585 63,711.41 CSPR 71 SS 62 Fifth & Sixth Avenue Sewer Separation 2017 2023 1,680,100 1,085,423 594,677 52 (52,368) WWM 542,361.73 CSPR 71 SS 63 St Peter Avenue Sewer Separation 2017 2024 970,000 546,555 423,445 231 (31,972) WWM 391,703.23 CSPR 71 SS 64 St. James Avenue Sewer Separation (St John to Colborne)2017 2024 1,185,000 739,647 445,353 105 (55,504) WWM 389,954.62 CSPR 71 3,985,100 2,460,499 1,524,601 2,974 (139,844) 1,387,730.99 Storm Sewer STMS 47 Beaver Valley SWM Pond Capacity Improvements 2017 2021 1,798,000 2,298,433 (500,433) 375,780 (124,652.79) CSPR 73 ($62,326.40) CSPR 71 ($62,326.39) 1,798,000 2,298,433 (500,433) 375,780 - (124,652.79) Transit T48-20 Implementation of New Farebox System 2020 2023 293,370 187,417 105,953 94,968 (200,921) Provincial Gas Tax - Provincial Gas Tax T49-20 Intermunicipal Layby Construction - Morrison St.2020 2024 550,000 349,976 200,024 246 (204,106) ICIP, Provincial Gas Tax (3,836.35) CSPR 20 T52-21 Video Surveillance Equipment (Bus Terminal/HUBS)2021 2023 55,000 56,989 (1,989) 14,790 (12,801) Provincial Gas Tax 0.02 CSPR 20 T66-22 Replacement of One (1) Shuttle Van 2022 2023 38,500 40,763 (2,263) (2,263.08) CSPR 20 T69-22 Purchase of One (1) New CAV 2022 2024 100,000 10,000 90,000 (90,000) DCs - DCs and CSPR 20 1,036,870 645,146 391,724 110,004 (507,828) (6,099.41) Page 8 of 14Page 246 of 296 F-2024-37 - Attachment 1 - 2024 Projects to be Closed F-2024-37 September 10, 2024 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** Transportation TSP 37 Impacts of CN Train Operations & Train Notification Sensors 2018 2021 475,000 284,764 190,236 190,235.56 CSPR 33 $125,000.00 OLG $65,235.56 TSP52-22 Traffic Signal Components 2022 2023 150,000 152,713 (2,713) (2,712.91) CSPR 33 TSP53-22 Downtown Parking Utilization Study 2022 2023 101,000 100,456 544 544.16 CSPR 67 TSP54-22 Traffic Calming Projects - Various Locations 2022 2024 23,000 - 23,000 23,000.00 CSPR 33 TSP56-23 Network Screening & Vision Zero Development 2023 2024 100,000 101,402 (1,402) (1,402.28) OLG TSP59-23 Traffic Calming Projects 2023 2023 60,000 44,833 15,167 15,166.66 OLG 909,000 684,169 224,831 - - - 224,831.19 Water W59-20 North Street Watermain Replacement 2020 2023 806,100 784,513 21,587 417,843 439,429.50 CSPR 73 W60-20 Brooks Street Watermain Replacement 2020 2022 551,800 326,710 225,090 14,509 239,598.40 CSPR 73 W61-21 Rideau Street Watermain Replacement 2021 2023 637,100 399,343 237,757 237,757.24 CSPR 73 1,995,000 1,510,566 484,434 432,352 - 916,785.14 GRAND TOTAL 38,132,454 33,222,602 4,909,852 1,578,111 (3,267,825) 3,220,138.06 Notes: * Total Net Expenses: Life to date expenses excluding any allocations funded from a different source i.e. Labour Costs ** Committed Source: Indicates the source of the commitment, which is being decreased i.e. Grants, DCs, Debt, etc. ***Reserve/Reserve Fund Acronyms are as follows: CSPR - Capital Special Purpose Reserve | OLG - Ontario Lottery and Gaming Corporation Reserve | DCs - Development Charges Reserve Page 9 of 14Page 247 of 296 F-2024-37 - Attachment 2 - 2024 Capital Budget Amendments F-2024-37 September 10, 2024 2024 Capital Budget Amendment - Budget Adjustment - TRANSFER FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment OLG Reserve ADD/(Remove) C19 Restoration of Veteran Monuments 150,000.00$ 160,000.00$ (10,000.00)$ C31 Canadian Peacekeepers and Afghanistan Veterans 70,000.00$ 60,000.00$ 10,000.00$ TOTAL 220,000$ 220,000$ -$ 2024 Capital Budget Amendment - Budget Adjustment - TRANSFER FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment OLG Funding ADD/(Remove) C27-23 Detailed Design of Future Cemetery Site 415,000.00$ 450,000.00$ (35,000.00)$ C28-23 Landscaping Upgrades to Cenotaph 70,000.00$ 35,000.00$ 35,000.00$ TOTAL 485,000$ 485,000$ -$ Explanation: Additional funds from the Restoration of Veteran Monuments project are being moved to the Canadian Peacekeepers and Afghanistan Veterans project, in order to accommodate a purchase order that came in slightly higher than budget. Recommendation: Approve a capital budget amendment to transfer funds between two (2) cemeteries related projects to align the budgets with the final costs. Explanation: Funds from the Detailed Design of Future Cemetery Site project are being moved to the Landscaping Upgrades to Cenotaph project, in order to accommodate time-sensitive works to be awarded. Recommendation: Approve a capital budget amendment to transfer funds between two (2) cemeteries related projects to align the budgets with the final costs for C28-23.Page 10 of 14Page 248 of 296 F-2024-37 - Attachment 3 - 2024 Adjustments - Post Close-out Reports F-2024-37 September 10, 2024 2024 Adjustments - Post Close-out Report F-2022-40 ID Project Description Previous Amount Approved to/(from) Reserves Revised Amount Approved to/(from) Reserves Recommended Reserve/Reserve Fund Variance Due To Post Closure Revisions STMS33 Beaverdams Rd (LL to Kalar) - Storm & WM Replacement & Beaverdams SWM Pond 898,491$ 917,614$ CSPR 87 19,123$ F12 SPECIALIZED RESCUE EQUIPMENT 16,403$ 528$ CSPR 4 (15,875)$ MS43-20 Weinbrenner Road Upgrades 193,979$ 193,755$ CSPR 3 (225)$ P48 Kalar Park Girls Home for Soccer Improvements (Phase 3) 87,401$ 86,107$ CSPR 32 & OLG (1,294)$ P82 Riverview Park Improvements -$ (961)$ CSPR 32 (961)$ SS77 Garner Road Sanitary Extension Design (Black Forest Crescent - Forestview Boulevard)6,657$ 41,000$ CSPR 71 34,343$ TOTAL 1,202,932$ 1,238,043$ 35,111$ 2024 Adjustments - Post Close-out Report F-2023-24 ID Project Description Previous Amount Approved to/(from) Reserves Revised Amount Approved to/(from) Reserves Recommended Reserve/Reserve Fund Variance Due To Post Closure Revisions BP5 SERVICE CENTRE IMPROVEMENTS (225,087)$ (235,299)$ OLG (10,212)$ SS26 Gunning & Mears Pumping Station Upgrades (133,206)$ 139,781$ CSPR 71 272,987$ SS55 Fourth Ave from Morrison to Bridge - Sewer Sep/Watermain/Road 392,891$ 395,359$ CSPR 71/CSPR 73 2,468$ TOTAL 34,598$ 299,841$ 265,243$ Explanation: Late postings and adjustments to capital projects have resulted in a further adjustment required to fully close the projects. Recommendation: Adjust the amounts previously approved by Council via F-2022-40 to accommodate post-closure adjustments. Explanation: Late postings and adjustments to capital projects have resulted in a further adjustment required to fully close the projects. Recommendation: Adjust the amounts previously approved by Council via F-2023-24 to accommodate post-closure adjustments.Page 11 of 14Page 249 of 296 F-2024-37 - Attachment 4 - Funding Swaps F-2024-37 September 10, 2024 ID Project Description Total Amended Budget Existing Budget Budget Amendment Debentures ADD/(Remove) Budget Amendment OLG Reserve ADD/(Remove) C25-22 Cemetery Operations Building Rehabilitation 200,000.00$ 700,000.00$ (700,000.00)$ 200,000.00$ TOTAL 200,000$ 700,000$ (700,000)$ 200,000$ 2024 Capital Budget Amendment - Budget Adjustment - SWAP FUNDS Explanation: Staff reviewed the operational needs at the Lundy's Land Cemetery and decided that a smaller fenced compound would suit the operational needs alongside roaming crews. As such, the City is able to realize savings of $500k plus, and avoid the use of debentures all together. Staff is recommending a reduction in the budget from $700,000 to $200,000 to cover the costs of a shed structure, grading and landscape improvements and required security enhancements. Staff is recommending that this revised $200,000 budget leverage OLG funding. Recommendation: Approve a capital budget amendment to reduce the budget to $200,000 leveraging OLG funding instead of Debentures.Page 12 of 14Page 250 of 296 F-2024-37 - Attachment 5 - Additional Funding F-2024-37 September 10, 2024 2024 Capital Budget Amendment - Budget Adjustment - ADDITIONAL FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment CSPR 1 Funding ADD/(Remove) Budget Amendment CSPR 71 Funding ADD/(Remove) Budget Amendment CSPR 73 Funding ADD/(Remove) G80-24 Asset Management Level of Service Goal Setting 110,000.00$ 75,000.00$ 15,000.00$ 10,000.00$ 10,000.00$ TOTAL 110,000$ 75,000$ 15,000$ 10,000$ 10,000$ ID Project Description Total Amended Budget Existing Budget Budget Amendment CSPR 26 ADD/(Remove) F93-23 Trench Training Prop 60,000.00$ 40,000.00$ 20,000.00$ TOTAL 60,000$ 40,000$ 20,000$ Explanation: RFP37-2024 for Asset Management Planning - Levels of Service Setting and Financial Plan Request for Proposal (RFP) was issued on July 3, 2024 and closed July 31, 2024. After evaluating the proposals, it was determined that there is not sufficient budget to award to the highest ranked proponent. In order to award this RFP in a timely manner and ensure the work is completed on schedule to meet provincially legislated timelines, staff is recommending an in-year budget amendment to add additional funds to advance the work. Recommendation: Approve a capital budget amendment to add additional funds increasing the total budget by $35,000. This will allow sufficient budget capacity to award RFP37-2024 to the highest ranked proponent. 2024 Capital Budget Amendment - Budget Adjustment - ADDITIONAL FUNDS Explanation: Adding funds to cover additional consulting costs related to the geotechnical and structural design of the trench training prop. Recommendation: Approve a capital budget amendment of $20,000 funded from CSPR 26 to add additional funds to complete all required works. Page 13 of 14Page 251 of 296 F-2024-37 - Attachment 5 - Additional Funding F-2024-37 September 10, 2024 2024 Capital Budget Amendment - Budget Adjustment - ADDITIONAL FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment Building Permit Reserve ADD/(Remove) Budget Amendment OLG Reserve ADD/(Remove) G56-22 Streamline Development Approvals - Phase 1 1,100,000.00$ 1,000,000.00$ 100,000.00$ G56-22 Streamline Development Approvals - Phase 2 220,000.00$ 167,161.00$ 52,839.00$ TOTAL 1,320,000$ 1,167,161$ 100,000$ 52,839$ Explanation: In 2022 the City received a $1M grant to implement software to streamline the development approval process, a large part of which included the implementation of software (CityView). Phase 1 came in slightly over budget and there are still some enhancements staff are exploring to automate DC calculations and maximize the efficiency of the system and configuration overall. In 2023 additional funds were added to prepare for Phase 2 which will include By-Law and Licensing. Additional funds are being added to Phase 2 as a contingency to cover potential scope changes as opportunities are identified to centralize additional services to CityView. Recommendation: Approve a capital budget amendment to add additional funds to Phase 1 and 2 increasing the overall budget by $152,839. Page 14 of 14Page 252 of 296 F-2024-31 Report Report to: Mayor and Council Date: September 10, 2024 Title: Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Recommendation(s) THAT Council APPROVE the cancellation, reduction or refund of taxes on the various accounts listed in the attached summary and granted to the property owners listed. Executive Summary Property owners can seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the second report for 2024. Adjustments totaling $33,199 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2024 Tax Levy Supported Operating Budget, an allowance has been established for these expenditures. At this time, the allowance provided in the Tax Levy Supported Operating Budget is adequate to account for the City’s proportionate share of approximately $12,616. Background This report is the second report this year in relation to s.357 and s.358 reductions. Analysis Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Applications have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, underwent repairs/renovations preventing normal use for a period of longer than 3 months, became exempt, or a transposition, typographical, or clerical error was made. Page 1 of 3 Page 253 of 296 Financial Implications/Budget Impact The 2024 Tax Levy Supported Operating Budget provides an allowance for tax write- offs due to assessment appeals and tax write offs. Attached is a listing of all the properties that staff is recommending receive adjustments due to successful applications. An amount of $33,199 in adjustments is listed. The City’s approximate portion is$12,616 and has been accounted for in the 2024 Tax Levy Supported Operating Budget. The balance of approximately $20,583 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. List of Attachments F2024-31 - COUNCIL 357.8 LIST September 10, 2024 Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 03 Sep 2024 Shelley Darlington, General Manager of Corporate Services Approved - 03 Sep 2024 Jason Burgess, CAO Approved - 03 Sep 2024 Page 2 of 3 Page 254 of 296 (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appeal Roll Number Name Address Tax Year Reason for Application Refund 2024-24 2725 010 002 05900 0000 2678517 Ontario Inc.4624 Erie Av 2024 Razed by fire, demolition or otherwise $2,944.99 2024-30 2725 010 007 03500 0000 Heather & Jonathan Beam 4918 Bridge St 2024 Razed by fire, demolition or otherwise $1,106.79 2024-21 2725 030 008 00105 0000 Jewish Niagara Robinson St 2024 Requesting exempt status $14,306.95 2024-22 2725 030 008 16807 0000 Jewish Niagara Robinson St 2024 Requesting exempt status $10,761.46 2024-28 2725 040 008 07200 0000 Sukhdeep Hunjan 6736 McMicking St 2024 Damaged by fire $966.41 2023-45 2725 040 016 00145 0000 River Crest Estates Ltd.Mewburn Rd 2023 Tax Class Conversion $0.00 2023-32 2725 060 007 03600 0000 9150978 Canada Inc.5230 Drummond Rd 2024 Razed by fire, demolition or otherwise $905.28 2024-24 2725 130 004 18901 0000 Amandeep & Onkar Bhella 7093 McCredie Rd 2024 Razed by fire, demolition or otherwise $760.50 2024-27 2725 140 002 03500 0000 Tammy & David Majoros 9982 Young Rd 2024 Razed by fire, demolition or otherwise $1,446.54 TOTAL $33,198.92 Approved this Report No.:F-2024-31 JAMES M. DIODATI, MAYOR BILL MATSON, CITY CLERK [*Any individual items not approved must be struck out and initialed.]Page 3 of 3Page 255 of 296 F-2024-33 Report Report to: Mayor and Council Date: September 10, 2024 Title: Q2 Parking Fund Budget to Actual Variance (Unaudited) Recommendation(s) That the 2024 Q2 Parking Fund Budget to Actual Variance report for the period ended June 30, 2024 BE RECEIVED. Executive Summary This report is intended to provide Council with information and details pertaining to the 2024 Q2 budget to actual variance results for the period ended June 30, 2024 for the Parking Fund. Within attachment 1, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. Background Council has expressed a desire to view actuals in conjunction with the budget. One goal of the Finance department is to provide Council with regular, quarterly budget variance reports. Analysis Attachment 1 contains the Parking Fund 2024 Q2 budget to actual variance. The following notes correspond to the statement contained in Attachment 1. Revenues 1. Fines has a favourable variance of $60,020 or 21.8% at Q2 2024. The fine revenue is on an upward trend returning to and exceeding pre-COVID levels, this can be attributed to an increase in the level of enforcement in key areas during key times. In addition, the City saw an increase in fine revenues during the Solar Eclipse Event on April 8th 2024. 2. User Fees has an unfavourable variance of $24,723 or 5.7% at Q2 2024.This is primarily due to the seasonal nature of tourism in Niagara Falls. From January to May, tourist numbers are typically low, except for peak periods such as New Page 1 of 4 Page 256 of 296 Year’s, March Break, and Victoria Day Weekend. It is anticipated that user fees will increase in Q3, aligning with the peak summer season when tourist activity is at its highest. Expenses 3. Labour and Benefits has a favourable variance of $17,805 or 6.4% at Q2 2024. This is driven by gapping savings in Summer Students and other staff. 4. Contracted Services has a favourable variance of $25,324 or 10.9% at Q2 2024. There are savings in Hectronic monitoring fees as the City had minimal Hectronic machines going into 2024 and has completely phased out these machines as of June 2024. In addition, the Commissionaires contracted services are tracking below budget. Financial Implications/Budget Impact The goal of the parking fund is to be self-sustaining. From 2020 to 2022 this goal was not achieved due to lost revenue from COVID-19. Revenues rebounded in 2023 and exceeded pre-COVID levels which resulted in a surplus at the 2023 year-end. Consistent with 2023 the parking fund in 2024 is trending in a position to not rely on any funding from the Tax Rate Stabilization Reserve but rather to contribute any surplus at the end of the year to the Parking Reserve fund. At the end of Q2 2024 the Parking Fund is showing an estimated surplus of $110,000. Staff are expecting this trend to continue with strong user fee revenue expected during the summer months (July and August) of Q3. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long- term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 2 of 4 Page 257 of 296 Contributor(s) Paul Brown, Manager of Parking Services List of Attachments F-2024-33 Attachment 1 – 2024 Q2 Parking Fund Budget to Actual Variance Written by: Sebastian Zukowski, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 03 Sep 2024 Shelley Darlington, General Manager of Corporate Services Approved - 03 Sep 2024 Jason Burgess, CAO Approved - 03 Sep 2024 Page 3 of 4 Page 258 of 296 Attachment 1 F-2024-33 September 10, 2024 2024 Second Quarter Budget to Actual Comparison Budget Budget to June 30 (50%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2024 2024 2024 $%% REVENUES Fines 550,000 275,000 335,020 (60,020) (21.8%) 60.9%[1] Permits 147,100 73,550 81,406 (7,856) (10.7%) 55.3% Other Revenue 0 0 0 0 0.0% 0.0% User Fees 860,500 430,250 405,527 24,723 5.7% 47.1%[2] Licenses 2,500 1,250 2,500 (1,250) (100.0%) 100.0% Miscellaneous Revenue 1,560,100 780,050 824,453 (44,403) (5.7%) 52.8% TOTAL REVENUE 1,560,100 780,050 824,453 (44,403) (5.7%) 52.8% EXPENSES Labour 431,028 215,514 196,595 18,919 8.8% 45.6% Employee Benefits Allocation 125,601 62,801 64,851 (2,050) (3.3%) 51.6% Overtime 3,000 1,500 564 936 62.4% 18.8% Labour and Benefits 559,629 279,815 262,010 17,805 6.4% 46.8%[3] Materials 73,000 36,500 39,640 (3,140) (8.6%) 54.3% Professional Development 800 400 0 400 100.0% 0.0% Insurance Premiums 258 129 120 9 7.1% 46.5% Conferences/Conventions 3,000 1,500 0 1,500 100.0% 0.0% Membership/Subscriptions 1,400 700 650 50 7.1% 46.4% Office Supplies 6,400 3,200 808 2,392 74.8% 12.6% Electricity 6,200 3,100 2,822 278 9.0% 45.5% Materials 91,058 45,529 44,040 1,489 3.3% 48.4% Contracted Services 464,000 232,000 206,676 25,324 10.9% 44.5%[4] Snow Plowing 111,000 55,500 63,235 (7,735) (13.9%) 57.0% Contracted Services 575,000 287,500 269,911 17,589 6.1% 46.9% Rents and Financial Expenses 102,000 51,000 43,358 7,642 15.0% 42.5% Internal Rent 98,453 49,227 52,726 (3,499) (7.1%) 53.6% Indirect Costs 84,474 42,237 42,237 0 0.0% 50.0% Interdepartmental Transfers 0 0 (300) 300 0.0% 0.0% To Reserve Funds 49,486 24,743 0 24,743 100.0%0.0% To Special Purpose Reserves 0 0 0 0 0.0%0.0% Internal Transfers 232,413 116,207 94,663 21,544 18.5% 40.7% TOTAL EXPENSES 1,560,100 780,050 713,982 66,068 8.5% 45.8% (Surplus)/Deficit 0 0 (110,471) 110,471 PARKING FUND Page 4 of 4 Page 259 of 296 MW-2024-37 Report Report to: Mayor and Council Date: September 10, 2024 Title: Grand Niagara Development Sewer Allocation Recommendation(s) 1. That Council DIRECT Staff to further engage with the Grand Niagara Development Group for the purposes of entering into a sewer allocation agreement pertaining to additional capacity obtained by the developer for improvements to the Grassy Brook Pumping Station and surrounding sewers including reductions in system inflow and infiltration. 2. That Council DELEGATE authority to the General Manager of Municipal Works / City Engineer to execute all necessary agreements for the matters described in report MW-2024-37 provided the agreements are satisfactory to the Director of Legal Services / City Solicitor. Executive Summary The Grand Niagara Subdivision received draft approval on June 27, 2023. The 184.46 hectares (455.81 acres) of land on the north side of Biggar Road west of Montrose Road will consist of a total of 3,558 - 5,387 dwelling units. The Development falls within the 2018 approved Grand Niagara Secondary Plan Area which is within the same sewer shed as the new South Niagara Falls Hospital Site. In 2007 the Grassy Brook West Pumping Station and Forcemain was constructed to accommodate growth from surrounding areas including the Grand Niagara Secondary Plan. With pump and station improvements the facility has an MECP design pumping capacity of 43 litres per second (L/S). The facility is scheduled to be decommissioned with the new South Niagara Waste Water Treatment Facility coming online. The Consulting Engineer for the Grand Niagara Development has completed initial baseline flow monitoring and identified inflow and infiltration removal projects that could free up additional capacity in the system. In addition, the Development is favorable to implementing improvements to the Grassy Brook Pumping Station in advance of its decommissioning. The Developer asks for a commitment from the City to allocate this additional capacity in lieu of these improvements in advance of the new South Niagara Waste Water Treatment Facility. The Consulting Engineer is identifying a possible 21.7 L/S of capacity which could equate to 589 units coming online. Page 1 of 4 Page 260 of 296 Although the Region of Niagara identifies available capacity in the system, it is the responsibility of the City to determine allocation responsibilities. Typically, allocation is confirmed at time of registration of the development. Such allocation has been guaranteed for the New South Niagara Hospital Lands. The purpose of this report is to recommend that Council direct Staff to further engage the Grand Niagara Development Group and enter into a sewer allocation agreement for the additional capacity from improvements to the Grassy Brook Pumping Station and reductions to inflow and infiltration (I&I) from Developer driven removal projects. Background The Grand Niagara Subdivision received draft approval on June 27th, 2023. The 184.46 hectares (455.81 acres) of land on the north side of Biggar Road west of Montrose Road will consist of a total of 3,558 - 5,387 dwelling units consisting of 57-74 back-to-back townhouse units, 374-455 on-street townhouse units, 148-128 detached dwelling units with cottages, 375-707 detached or semi-detached dwelling units, 142- 184 small lot detached dwelling units, 403-605 medium density (stacked townhouse and apartment) dwelling units, 633-1,266 apartment dwelling units, 1,476-1,968 dwelling units and other uses in mixed-use buildings, and blocks for hospital employment uses, schools, stormwater management purposes, parks, environmental protection area, road widenings, bioswale, and land to be dedicated as municipal streets. The Development falls within the 2018 approved Grand Niagara Secondary Plan Area which is within the same sewer shed as the new South Niagara Falls Hospital Site. In 2007 the Grassy Brook West Pumping Station and Forcemain was constructed to accommodate growth from surrounding areas including the Grand Niagara Secondary Plan. With pump and station improvements the facility has an MECP design pumping capacity of 43L/S. The facility is scheduled to be decommissioned with the new South Niagara Waste Water Treatment Facility coming online. The City of Niagara Falls has experienced significant growth and urbanization, which has placed isolated strain on its sewage infrastructure. The pumping stations that facilitate the movement of wastewater through the system are crucial nodes in this infrastructure network. However, many of these stations are operating near or beyond their designed capacity. Furthermore, infiltration and inflow of groundwater and stormwater into the sewage system exacerbates these challenges. During periods of heavy rainfall or snowmelt, the system can become overwhelmed, leading to combined sewer overflows (CSOs) and discharges into local water bodies. In response to these issues, the City has recognized the need for targeted investments in implementing measures to reduce infiltration and inflow. These efforts are crucial to enhancing the resilience of our sewage infrastructure and ensuring it meets current and future demands. Page 2 of 4 Page 261 of 296 Analysis The Consultant for the Grand Niagara development has actively been flow monitoring the area that surrounds the Grassy Brook Pumping Station in an effort to collect data to identify inflow and infiltration (I&I) within the localized area. This base data will help support additional growth in the sewer shed through identified projects that remove such I&I from the system. As part of this study the Consulting Engineer’s have identified projects that will be impactful to eliminating such I&I from the system and possibly allow for additional growth in the area prior to the South Niagara Falls WasteWater Treatment Plant being operational. Following implementation of the I&I removal Projects, further flow monitoring will be required to determine the full impact of the improvements. In addition, the Consulting Engineer’s has identified improvements to the Region’s Grassy Brook Pumping Station which will boost capacity that is currently not available. In total the Consulting Engineer is identifying a possible 21.7 L/S of capacity which could equate to 589 units coming online. Staff recommends Council pass a resolution directing Staff to further engage the Grand Niagara Development Group and enter into a sewer allocation agreement for the additional capacity from improvements to the Grassy Brook Pumping Station and reductions in I&I from Developer driven projects. Operational Implications and Risk Analysis The advancement of Inflow and Infiltration removal projects will allow for the removal of wet weather flows entering the system and limited the risk of basement flooding and other wet weather issues from occurring during significant events. Financial Implications/Budget Impact Staff do not foresee additional costs to the Capital/Operating budget associated with coordinating such development improvements to our system. Implementing such Inflow and Infiltration removal Projects will have benefit to the existing systems and a cost savings by reducing wet weather flows that is currently be treated at the Niagara Falls WasteWater Treatment Plant. Strategic/Departmental Alignment Implementation of this project meets the intent of Council’s 2023-2027 Strategic Priorities by enhanced community services and facilities as well as promoting sustainable growth. Strategic Plan Pillars Page 3 of 4 Page 262 of 296 Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Sustainability - Environmental Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Written by: Nick Golia, Senior Project Manager/Development Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 30 Aug 2024 Jason Burgess, CAO Approved - 30 Aug 2024 Page 4 of 4 Page 263 of 296 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Request for Permit Information for Small Family Backyard Wedding on Sept 13, 2024 -----Original Message----- From: Bill Matson <billmatson@niagarafalls.ca> Sent: Monday, August 26, 2024 3:16 PM To: Hj Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: [EXTERNAL]-Request for Permit InformaƟon for Small Family Backyard Wedding on Sept 13, 2024 Jesse & Heather, There is no actual permit to exempt your event from the City's Noise By-law but we can bring forward your request to City Council for their consideraƟon and possible exempƟon to the City's Noise By-law. We would need the address of the event/wedding. Name: Jesse and Heather James Address: Event: Wedding Date: September 13, 2024 ExempƟon being sought: Playing of music unƟl 11:00pm Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca -----Original Message----- From: Hj < Sent: Friday, August 16, 2024 10:20 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Request for Permit InformaƟon for Small Family Backyard Wedding on Sept 13, 2024 Dear Bill Matson, I hope this email finds you well. Jesse and Heather here, reaching out to provide you with details about our upcoming small family backyard wedding on September 13, 2024, Approximately 35 people. The locaƟon for our celebraƟon is the century Victorian house that sits one block from River Road and five blocks from Casino Niagara. This property is situated within an Airbnb zone at Eastwood and Ontario Ave, a home owned by my father and late mother, Ron and Lorna Hunter, who purchased it in 1983. This house holds a special place in our hearts as it is where I (Jesse) grew up. We are aware of previous noise concerns emanaƟng from our backyard, leading to incidents where our Airbnb neighbors have felt compelled to contact the police. We want to assure you that we are taking steps to address this issue by Page 264 of 296 2 ensuring that the volume level of our music is kept at a respec ƞul level. Furthermore, to minimize any disrupƟons, we commit to concluding all music by 11 pm on the evening of the wedding. In light of our commitment to being responsible neighbors, we are interested in exploring the possibility of obtaining a permit that would allow us to host our celebraƟon in compliance with local regulaƟons. Any guidance or informaƟon you can provide on this maƩer would be greatly appreciated. We urge your Ɵmely response to our permit inquiry and would be grateful for any addiƟonal instrucƟons or recommendaƟons you may have. Thank you for your aƩenƟon and understanding. We look forward to hearing from you soon. Warm regards, Jesse and Heather Sent from my iPhone CAUTION: This email originated from outside of the organizaƟon. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. Page 265 of 296 1 Heather Ruzylo To:Kristine Elia Subject:RE: [EXTERNAL]-Proclamation ceremony of Pitt Hopkin's Syndrome 2024 From: Kristine Elia <kelia@niagarafalls.ca> Sent: Sunday, August 25, 2024 11:31 AM To: 'Nazneen Jawed' < Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: RE: [EXTERNAL]-Proclamation ceremony of Pitt Hopkin's Syndrome 2024 Dear Nazneen: Thank you for your email requesting a proclamation for Pitt Hopkins’s Syndrome. I am including our Clerks Department and asking that this proclamation request be added to the upcoming Council agenda. Kind regards, Kristine Elia | Executive Assistant | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4205 | Fax 905-374-3557 | kelia@niagarafalls.ca From: Nazneen Jawed < Sent: Tuesday, August 13, 2024 1:27 PM To: Heather Phillips <hphillips@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation ceremony of Pitt Hopkin’s Syndrome 2024 Hello, Hope this email finds you well My son, Junaid, diagnosed with Pitt Hopkin’s syndrome, turned 7 this year As he is growing, so are his challenges. We, parents of Junaid, believe in creating awareness about this rare genetic disorder. As Pitt Hopkin’s syndrome awareness day is approaching soon on September 18th, I would like to request proclamation ceremony by our respected Mayor Jim Diodati to create awareness about this rare genetic disorder Please let me know at your earliest convenience. https://rarediseases.org/rare-diseases/pitt-hopkins-syndrome/ Please find attached link above for your reference on this disorder Thank you, Page 266 of 296 2 Nazneen Jawed Mother of Junaid Get Outlook for Android CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 267 of 296 Niagara Escarpment Commission 232 Guelph Street Georgetown, ON L7G 4B1 Tel. No.: 905-877-5191 1450 7th Avenue East Owen Sound, ON N4K 2Z1 Tel. No. (519) 371-1001 nec@ontario.ca https://escarpment.org Commission de l’escarpement du Niagara 232, rue Guelph Georgetown ON L7G 4B1 No de tel. 905-877-5191 1450 7e avenue Est Owen Sound, ON N4K 2Z1 No de tel. (519) 371-1001 nec@ontario.ca https://escarpment.org Ontario’s Niagara Escarpment – A UNESCO World Biosphere Reserve August 14, 2024 To: Upper and Lower Tier Municipalities within the Niagara Escarpment Plan Area Re: Revised position with respect to short-term accommodations within the Niagara Escarpment Plan Area of Development Control The Niagara Escarpment Commission (NEC) is reaching out to all municipalities (upper and lower tier) within the Niagara Escarpment Plan area to let you know about a recent decision of the Commission regarding short-term accommodations. In the past, the NEC has taken the position that the rental of a primary dwelling for the purposes of short-term accommodations within the plan area was a commercial activity and not a permitted use listed for any land use designations in Part 1 of the Niagara Escarpment Plan. The Commission has recently reviewed this position from the perspective that the rental of a single dwelling for a few days is consistent with the rental of the same dwelling on a month-to- month basis and/or the use of the dwelling by the owner. With this interpretation, the NEC has determined that the rental of a single dwelling, or a legally established secondary dwelling unit within or attached to the primary dwelling, are consistent with the permitted use of the dwelling by the owner and that a Development Permit from the NEC is not required to initiate rentals. You can find a summary of the NEC position within the staff report on our website in our policy interpretation and guidance document section here. This decision also acknowledges that municipalities are in the best position to regulate short- term rentals within their jurisdiction. The NEC would note, however, that since zoning does not apply within the Area of Development Control, that the regulation of short-term accommodations by municipalities within the NEP should be done through bylaws outside of zoning. The NEC had a number of compliance occurrences along the escarpment related to short term accommodations. NEC compliance staff will be notifying affected landowners of the Commission’s decision and that a Development Permit from the NEC is not required to initiate rentals. NEC staff will remind landowners that additional approvals or authorizations may be required from other agencies, such as local municipalities. For questions or information, please contact Sandy Dobbyn, Senior Strategic Advisor at sandy.dobbyn@ontario.ca or 226-668-2781. Sincerely, Shawn Carey Director Page 268 of 296 Tel: 613-392-284 | Toll Free: |-866-485-284 | virginial@quintewest.ca clerk@quintewest.ca P.O. Box 490 7 Creswell Drive Trenton, Ontario K8V 5R6 www.quintewest.ca A Natural Attraction Virginia LaTour, Deputy City Clerk August 15, 2024 The Right Honourable Justin Trudeau Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A 0A2 Via Email - justin.trudeau@parl.gc.ca RE: Notice of Motion — Councillor Stedall — The Canada Community-Building Fund Dear Prime Minister: This letter will serve to advise that at a meeting of City of Quinte West Council held on August 14, 2024 Council passed the following resolution: Motion No 24-366 — Notice of Motion - Councillor Stedall - The Canada Community-Building Fund Moved by Councillor Stedall Seconded by Councillor McCue Whereas the City of Quinte West is entering into an agreement to receive Canada Community-Building Funds, which is administered by the Association of Ontario Municipalities of Ontario (AMO) on behalf of the Federal government; And whereas the funding allocations are less that 2% year over year for the next 5 years; And whereas the amounts allocated in the past 5 years were less than 2% year over year; And whereas non-residential construction price inflation has risen by 29% since the end of 2020 and municipalities are facing soaring costs for infrastructure projects without a corresponding growth in revenue; And whereas there is a requirement for municipalities to complete an asset management plan and a housing needs analysis; Page 269 of 296 And whereas both of these plans show the large funding gap between infrastructure and housing needs and funds available from property taxation; And whereas The City of Quinte West has over $1.5 billion in core infrastructure assets and, like other municipalities, its infrastructure is aging and in need of upgrades and replacement; And whereas The City’s Asset Management Plan requires $37 million annually to maintain existing assets which, based on current available funding, is resulting in an annual infrastructure deficit of over $17.1 million; And whereas municipalities are facing a gap in federal infrastructure funding as the 10-year Investing in Canada Infrastructure Program has come to an end; Now therefore be it resolved that the City of Quinte West calls on the Federal Government to provide a supplement to the allocations provided to municipalities under the AMO CBBF agreement for 2024 - 2028 for the same amount that was allocated, effectively doubling the allocation for those years; And further that this resolution be forwarded to MFOA, AMO, MP Ryan Williams, and Federal Finance Minister Chrystia Freeland, and all Municipalities in Ontario. Carried We trust that you will give favourable consideration to this request. Yours Truly, CITY OF QUINTE WEST © Virginia LaTour, Deputy City Clerk CC: Donna Herridge, Executive Director, MFOA Colin Best, President, AMO Ryan Williams, MP, Bay of Quinte Hon. Chrystia Freeland, Deputy Prime Minister and Minister of Finance All Municipalities of Ontario Page 270 of 296 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca August 30, 2024 Doug Ford Premier of Ontario Sent via email: premier@ontario.ca Dear Honourable Doug Ford: Please be advised that Brantford City Council at its meeting held August 27, 2024 adopted the following: 12.2.4 Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement WHEREAS all Ontarians deserve and expect a safe and respectful workplace; and WHEREAS municipal governments, as the democratic institutions most directly engaged with Ontarians, need respectful discourse; and WHEREAS several incidents in recent years of abuse and workplace harassment have occurred amongst members of municipal councils; and WHEREAS these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; and WHEREAS municipal Codes of Conduct are helpful tools to set expectations of Council members’ behaviour; and WHEREAS legislation would hold both accountable and protect all municipal offices; and WHEREAS municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct and support appropriate accountability when it comes to perpetrating violence and harassment in the workplace; and WHEREAS the fundamental underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption the workplace is safe; and WHEREAS government legislation would require Councillors to comply with the workplace violence and harassment policies, establish a process for removing individuals in substantiated cases of egregious violence or harassment, as well as Page 271 of 296 2 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca prevent officials whose seats have been vacated for such reasons from seeking immediate or subsequent re-election; and WHEREAS the aforementioned elements are consistent with previously developed legislation, as well as current legislation tabled (Bill 207, Municipal Accountability and Integrity Act, 2024). NOW THEREFORE BE IT RESOLVED: A. THAT the Corporation of the City of Brantford supports the call of the Association of Municipalities of Ontario (AMO), Rural Ontario Municipal Association (ROMA), Ontario Municipal Administrators Association (OMAA), Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), and more than 207 municipalities, for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments; and B. THAT the legislation encompasses: i. Updating municipal Codes of Conduct to account for workplace safety and harassment; ii. Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario; iii. Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province; iv. Amending the Municipal Act, 2001 to require the establishment of a Board of Integrity Commissioners; v. Amending both, the Municipal Act, 2001, and the City of Toronto Act, 2006, to allow a Commissioner of the Board of Integrity Commissioners to make an application for judicial review to vacate a member’s seat and impose prescribed penalties if the Commissioner is of the opinion that the member has made certain contraventions of the Code of Conduct; vi. Adding provisions to both Acts to allow the Commissioner to seek confirmation of certain determinations from a judge of the Superior Court; vii. Introducing provisions to prohibit a member who has been removed from office from running in the election for the remainder of the term and the subsequent term; and C. THAT a copy of this resolution BE FORWARDED to the Premier of Ontario, Doug Ford; Minister of Municipal Affairs and Housing, Paul Calandra; Attorney General, Doug Downey; Charmaine Williams, Associate Minister of Women’s Page 272 of 296 3 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca Social and Economic Opportunity; Will Bouma, Member of Provincial Parliament; Larry Brock, Member of Parliament; the Association of Municipalities of Ontario (AMO); and Ontario municipalities. I trust this information is of assistance. Yours truly, Chris Gauthier City Clerk, cgauthier@brantford.ca cc Minister of Municipal Affairs and Housing, Paul Calandra Attorney General, Doug Downey Charmaine Williams, Associate Minister of Women’s Social and Economic Opportunity Will Bouma, Member of Provincial Parliament Larry Brock, Member of Parliament Association of Municipalities of Ontario (AMO) Ontario municipalities Page 273 of 296 August 28, 2024 Ann-Marie Norio Regional Clerk Office of the Regional Clerk 1815 Sir Isaac Brock Way Thorold, ON L2V 4T7 Sent via email: Ann-Marie.Norio@niagararegion.ca Re: Request for Extensions to Niagara Region Incentive Programs Our File 35.11.2 Dear Ms. Norio, At its meeting held August 26, 2024, St. Catharines City Council approved the following motion: WHEREAS the City of St. Catharines is committed to addressing the housing crisis through its unanimously passed 2023 Municipal Housing Pledge of 11,000 additional housing units; and WHEREAS development project timelines over the last several years have been significantly impacted by housing market fluctuations, rising interest rates and construction costs, and pandemic related restrictions; and WHEREAS Niagara Region’s Smart Growth Regional Development Charges Reduction Program and Smarter Niagara Incentive Program Property Rehabilitation and Revitalization Tax Increment Grant program are set to expire on October 1st, 2024; and WHEREAS qualifying residential developments that do not have building permits issued by October 1st, 2024, will be ineligible for Niagara Region’s Smart Growth Regional Development Charges Reduction Program; and WHEREAS redevelopment or remediation projects previously approved by City Council under the City’s Community Improvement Plans cannot request a matching incentive from Niagara Region unless a complete application, including executed agreement, is submitted by October 1st, 2024, thereby severely limiting the feasibility of many developments. Page 274 of 296 THEREFORE BE IT RESOLVED that Council requests that Niagara Region extend the expiration deadline for Niagara Region’s Smart Growth Regional Development Charges Reduction Program for a period of three years to October 1st, 2027; and THEREFORE BE IT FURTHER RESOLVED that Council requests that Niagara Region extend the expiration deadline for Niagara Region’s Smarter Niagara Incentive Program Property Rehabilitation and Revitalization Tax Increment Grant for a period of three years to October 1st, 2027, for projects approved by Council under the City’s Community Improvement Plans on or before September 30th, 2024; and THEREFORE BE IT FURTHER RESOLVED that this motion be circulated to all area municipalities. If you have any questions, please contact the Office of the City Clerk at extension 15 12. Donna Delvecchio, Acting City Clerk Legal and Clerks Services, Office of the City Clerk :av Page 275 of 296 Office of the City Clerk 905—735—1700 CITY OF Clerk@welland.ca Welland September 3,2024 SENT VIA EMAIL Mayor Marianne Meed Ward,Chair Ontario’s Big City Mayors (OBCM) 602400 Dundas Street,West Mississauga,ON L5K 2R8 Dear Marianne: At Its meeting on September 3,2024,Welland City Council passed the following motion: “Whereas,There’s a homelessness and mental health crisis happening on our streets; Whereas,Ontario’s cities cannot solve it alone; Whereas,At last count there were over 1,400 encampments in Ontario,and that figure is rising;Whereas,Ontario’s cities have been left to deal with this crisis without adequate resources and support—even though mental health care, addiction treatment and housing are provincial responsibilities; Whereas,It’s time for all levels of Governments to work together to take immediate action to solve the homelessness and mental health crisis gripping our communities; Whereas,Residents and businesses are being impacted,and people need to feel safe in our downtowns and public spaces; Whereas,There are programs that work,but they require all levels of government to step up and work with municipalities and community partners to prioritize these solutions.“I,Frank Campion,Mayor for the City of Welland,request Council to endorse and promote the Solve the Crisis Project put fonNard by the Big City Mayors of Ontario.” Yours truly, Tara Stephens Director of Legislative Services/City Clerk c.c.:-Michelle Baker,Executive Director,sent via e—mail -Local Municipalities,sent via e—mail Corporation ofthe City of Welland |60 East Main Street I Welland,ON I LBB3X4 |welland.ca Page 276 of 296 Notice of Motion – Wedding Ceremony Enhancements For Tuesday, August 13th • Whereas other chapels in Niagara Falls range in price from approximately $450 to more than $2000 for wedding ceremony provision. • Whereas the Niagara Parks Commission (NPC) charges $1695 + tax for a wedding ceremony. • Whereas the City is traditionally not in the business of competing with the private sector. • Whereas the steps of City Hall in Niagara Falls are a quintessential location to get married outside of a place of worship or religious facility. • Whereas City Hall has proven to be an extremely popular venue for wedding ceremonies. • Whereas the City of Niagara Falls is often referred to as the honeymoon capital of the world. • Whereas staff are currently performing 433 weddings per year. • Whereas weddings are not the City’s core business, but are a good source of revenue to offset property taxes. • Whereas a large investment in floral and landscape improvements was made to enhance the front entrance of City Hall • Whereas additional investments have been made in the waterfall feature out front of City Hall. Therefore be it resolved that City of Niagara Falls wedding ceremony prices increase immediately to $450 plus tax for locals and $750 plus tax for couples visiting from outside of Niagara Falls with rates to be reviewed annually; and any and all other enhancements here, be implemented within the next year: ▪ Creating value-added packages that offer things like, but not limited to, a keepsake wedding photograph, bouquet(s) and boutonniere(s), mayor’s commemorative certificate, choice of venue (indoor or outdoors), set-up of chairs or seating (for outdoor options) Page 277 of 296 ▪ Developing outdoor wedding ceremony locations at City Hall to incorporate a visually unique decorative garden pergola (ie. heart- shaped), and alternatively, a covered outdoor option with a retractable awning for use during inclement weather ▪ Establishing a list of preferred local vendors to provide to couples upon booking, including, but not limited to photographers, florists, ceremony musicians, wedding rental companies ▪ Updating the words “City Hall” above the exterior front doors of City Hall to include the words “Niagara Falls” Page 278 of 296 CLK-2024-04 Report Report to: Mayor and Council Date: September 10, 2024 Title: Wedding Ceremony Enhancements Recommendation(s) 1. THAT Council RECEIVE Staff Report CLK-2024-04, Wedding Ceremony Enhancements as information; 2. THAT Council DIRECT staff to explore opportunities to provide additional wedding packages and add-ons. 3. THAT Council DIRECT staff to bring a range of capital investment options to enhance wedding services back to Council during the Budget Process. Executive Summary This report was developed to address the motion on wedding services and provide some additional background information to Council when it deliberates on the Mayor's motion. The Clerks Office provides basic, low-cost wedding ceremonies in Council Chambers to provide an affordable option for residents and generate revenue. The notice of motion has proposed to further increase revenue by increasing ceremony fees from $350 to $450 for residents and $750 for non-residents. In addition, it has been proposed to explore capital upgrades to City Hall and offering expanded add-on packages to offer customized, higher-cost ceremonies to couples. Staff do have some concerns related to the rapid increase in fees of City Hall wedding ceremonies, as staff believe that they serve a niche for low-cost and basic services, while other providers provide more elaborate services. This minimizes direct competition with other providers. More investment and more services may become a more direct competition for other providers. Wedding services are outside of the core business of the City and provide an affordable option to many couple’s otherwise costed-out of the industry. Page 1 of 11 Page 279 of 296 Staff also have concerns with the outdoor investments. The investments would not be weatherproof and only have limited seasonality. The infrastructure should also blend in with other demands that City Hall will have on its outdoor space including green space for more residents from the Park Street development and other developments as well as the students from the University of Niagara Falls Canada. The notice of motion does not indicate having any investments into the indoor facilities in City Hall and that should also be considered. Staff also have concerns of raising the rates without having some of the improvements or investments in place. In most other cases, the investments are made prior to fee increases. Though there is the potential for increased income under this motion, there are also some risks related to this motion. Council could consider a more gradual change in rates tied to increased investments. Background In 2019, City Council approved what was described as a "revenue generating customer service improvement" of offering civil marriage ceremonies to the public. Report CD- 2019-09 described the service as "a way to provide a low cost, simple alternative to traditional costly wedding ceremonies." By-law 2019-134 was passed to endorse the City Clerk or his designate(s), to solemnize civil marriages and to establish the fee for this service at $200. The first ceremony took place in January of 2020. During the COVID pandemic, no ceremonies were held from March of 2020 until April of 2022. In January of 2023, the cost of a civil ceremony increased to $300. The year 2023 also became the first full calendar year in which the Clerks Department performed civil ceremonies. By 2024, the ceremony fee increased again to $350, in keeping with other local service providers who offered a "basic ceremony," and above the fees collected by all of the other local Niagara municipalities who were offering this service. Currently, the City of Niagara Falls performs basic, low-cost civil marriage ceremonies in the Council Chambers of City Hall at a (pre-tax) cost of $350 during business hours, or $425 for after hours or offsite ceremonies. After hours and offsite services are rarely requested. This is a revenue-generating customer service offering which is outside of the City’s core business. The Clerks Office performed 433 weddings in 2023, generating over $100,000 in revenue (plus license fees). Investments to improve City Hall’s wedding ceremony facilities were approved through the 2023 Capital Budget (Archway and Beautification at City Hall) and have yet to be put in place due to other expenses Page 2 of 11 Page 280 of 296 such as repairs to the water fountain. The City has upgraded its landscaping and beautification at City Hall since 2023. A Notice of Motion (provided as Appendix 1) was presented at the August 13, 2024 Council Meeting, proposing the following enhancements to the City’s wedding ceremony services: ·  immediate (pretax) rate increase for a basic ceremony from $350 to $450 (residents) and $750 (non-residents), and annual rate review;  add-on packages;  outdoor venue improvements;  create a list of preferred local vendors for photography, floristry, music, and rentals; and,  updating the words “City Hall” above the exterior front doors of City Hall to include the words “Niagara Falls”. Analysis 1. Basic Ceremony Fee Comparison The City of Niagara Falls currently has the highest basic wedding ceremony fee among Niagara Region municipalities and is within the market range of local private vendors with comparable offerings (shown as figure 1). Page 3 of 11 Page 281 of 296 2. Municipal Ceremonies & Licensing In addition, while marriage licences can be obtained from anywhere in Ontario, the City of Niagara Falls charges the second highest amount among Niagara municipalities at $150. Figure 2 shows including the ceremony fee, this makes the current total basic cost nearly 10% higher than the next most expensive option (Fort Erie), and 54% higher than the least expensive option (Thorold). If the ceremony fee were increased to $450 for residents, the total basic cost would be 32% higher than the next most expensive option (Fort Erie), and 85% higher than the least expensive option (Thorold). 3. Enhancements to the City's Wedding Ceremony Services Niagara municipalities, including Niagara Falls, do not currently offer additional packages including flower arrangements, photography, musicians, or seating. Enhanced services would be a new line of service delivery for Clerks and City Staff. Traditionally, City Hall ceremonies have been popularized as the de facto lowest-cost option, with private vendors offering tailored experiences for large groups at significantly higher cost. Page 4 of 11 Page 282 of 296 Figure 3 shows price ranges for premium packages among local vendors. The Niagara Parks Commission offers many wedding services and packages across a range of unique ceremony venues (e.g., Floral Showhouse, Butterfly Conservatory, Dufferin Islands, etc.). The most basic offering includes a 2-hour location rental, bridal bouquet and boutonniere, officiant and certificate, and set up for 50 guests at a cost of $1695. Traditionally, couples using the City service co-ordinate their own floral arrangements, photography and other services. The challenge for the City in attempting to offer these services is all they will do is co-ordinate other providers to provide the service to the couple. If the City took a mark-up on these services it would have to be sufficient to cover the administrative costs of the arrangements as well as any business risks (disappointed or subpar services). Additionally, the City would likely have to undertake a public process for these services to create a roster, which is an additional upfront cost. There are concerns from staff regarding this "packaging" as to the potential net income to the City could be offset by administrative costs. It may be more beneficial to allow the users of the service to co-ordinate their own arrangements. If there was an "exclusive" relationship to one provider, there is a greater opportunity to create more profit margin for the City, however that may cause concerns from providers. 4. Niagara Falls as a ‘Marriage’ Brand In 2023, Clerks Staff performed 433 marriage ceremonies. Nearly three quarters (72%) of couple’s were non-residents, with most of the demand coming from non-Niagara Ontario residents (i.e., Greater Toronto and Hamilton Area - GTHA). The City of Niagara Falls currently charges a competitive rate among GTHA municipalities (Table 1), perhaps making it a popular destination for elopements. Page 5 of 11 Page 283 of 296 Table 1: GTHA Municipality Comparison Municipality Marriage Ceremony Cost (pretax) Toronto $133.50 (officiant not provided) Mississauga $340.02 (plus location rental) Markham $468.95 Vaughan $433.88 Hamilton $339.30 Brampton $250 Burlington Not offered 5. Price Sensitivity The rate of a ceremony increased by $50 (17%) from 2023 to 2024. Comparing the first seven (7) months of each year reveals a slight increase in the number of ceremonies, resulting in an additional $17,850 in revenue (shown in table 2). The results suggest a relatively small rate increase had little affect on demand. Table 2: Ceremony Comparison (2023 & 2024) (January to August) 2023 2024 Resident 64 71 Non-resident 160 172 Total Ceremonies 224 243 Rate $300 $350 Revenue* $67,200 $85,050 *Extrapolated to $115,200 and $145,800 in annual revenue, respectively. The fee for non-residents is proposed to increase by 114% (from $350 to $750) immediately. It is unclear how non-residents, as the largest revenue source, may react to a significant rate shock. In order to demonstrate potential impact and risk analysis - if we assume that non- resident weddings decrease by 50% and resident weddings decrease by 25% the total income generated would be similar to 2024 forecasted revenue. Further analysis is outlined below in the next section. 6. Time Savings With rate increases, and to maintain annual revenues, Clerks Staff could perform fewer ceremonies, resulting in time savings. Conservatively, each ceremony takes 15 minutes. Table 3 approximates the number of ceremonies and time savings under the proposed and recommended rate adjustments. Page 6 of 11 Page 284 of 296 Table 3: Ceremonies to Maintain Revenue & Achieve Time Savings Status Quo Reduced level of Increase Proposed (Notice of Motion) Resident (R) Rate $350 $450 $450 Non-resident (NR) Rate $350 $550 $750 Ceremonies Needed 433 (122R/312NR) 254 (99R/155NR) 205 (80R/125NR) Clerks Staff Hours Needed / Saved 108 / 0 Needed / Saved 64 / 45 Needed / Saved 51 / 57 Needed / Saved Both the staff recommended and proposed rate adjustments could yield significant Clerks Staff time savings by performing fewer ceremonies, while preventing revenue loss. 7. Summary Rate adjustments: There would have to be significant decreases in weddings for there to be a negative revenue impact. The decrease in weddings may increase available time for the Clerks Department to undertake other activities. As an alternative, Council may consider a more gradual increase (which is still a very significant increase) to the non-resident rate to allow for more adjustments and capital investments to better justify the higher rate as the capital improvements may not occur until 2025/26. Timing: Implementing rate increases as of January 1, 2025, as opposed to immediately, would allow for staff to be better prepared to address issues such as: what is the definition of a resident (does a sibling of a resident count? does a child or grandchild count?). It will also provide more advance notice to the public who might be planning their weddings. Capital Investment: Staff were previously working on a landscaping plan that would accommodate weddings as well as other demands to engage with residents. Staff should also consider reviewing options for improvements to the Chambers to better accommodate weddings. Page 7 of 11 Page 285 of 296 Operational Implications and Risk Analysis Risk #1: Cost recovery as a result of reduced demand Increasing the cost to a relatively inexpensive and basic service may lead to less demand as couples could choose other options. In particular, non-residents who chose Niagara Falls to hold their wedding may choose to stay home for their ceremony with family and friends rather than having the full wedding in the destination, which would also impact other spend in the City. Depending on the impact to demand, cost recovery for outdoor venue and other enhancements may be affected. Non-residents from within the Niagara Region who may now be expected to pay $750 for a ceremony, may explore other Regional options at a greatly reduced cost. In 2023, those coming from outside of the City of Niagara Falls, but within the Niagara Region, represented about 16.5% of our customers which amounted to 72 of the ceremonies performed that year. In staffs opinion, it would be this demographic who may be the most likely to ‘shop around’. Risk #2: City Hall & Clerks Office resources Offering enhanced wedding ceremony services are likely to increase demands on Clerks Staff and other City staff (e.g., maintaining structures, gardens and seating, coordinating local vendors, etc.) with a limited margin to recover these costs. Risk #3: Reputational As a service outside of the City’s core business, offering low-cost ceremonies may be viewed by residents as a public good. Further rate increases may be received negatively by residents who perceive the City offering wedding ceremonies solely for the economic benefit. Reversing fee increases may also pose reputational risk. Risk #4: Preferred local vendor list Producing a ‘preferred’ list of local vendors could present the City as liable for satisfactory delivery of vendor services. For example, in the event of disagreement between the client and City-preferred photographer, the City may be expected to settle the dispute or provide refunds. This risk could be mitigated by referring couples to external directories. Operational Implications Increased fees may impact demand, leading to fewer ceremonies and time savings for Clerks Staff. Page 8 of 11 Page 286 of 296 Financial Implications/Budget Impact The revenue impact is uncertain as increased fees for residents could make other municipalities or private vendors more attractive as they are relatively less expensive, while non-residents may seek services from other municipalities or more specialized offerings from the NPC or other vendors at a marginal additional cost. Strategic/Departmental Alignment Sustainability – Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents. Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . List of Attachments Notice of Motion - Wedding Ceremony Enhancements Written by: Jacob Thomas, Senior Manager of Decision Support Services Bill Matson, City Clerk Submitted by: Status: Bill Matson, City Clerk Approved - 03 Sep 2024 Jason Burgess, CAO Pending Page 9 of 11 Page 287 of 296 Notice of Motion – Wedding Ceremony Enhancements For Tuesday, August 13th • Whereas other chapels in Niagara Falls range in price from approximately $450 to more than $2000 for wedding ceremony provision. • Whereas the Niagara Parks Commission (NPC) charges $1695 + tax for a wedding ceremony. • Whereas the City is traditionally not in the business of competing with the private sector. • Whereas the steps of City Hall in Niagara Falls are a quintessential location to get married outside of a place of worship or religious facility. • Whereas City Hall has proven to be an extremely popular venue for wedding ceremonies. • Whereas the City of Niagara Falls is often referred to as the honeymoon capital of the world. • Whereas staff are currently performing 433 weddings per year. • Whereas weddings are not the City’s core business, but are a good source of revenue to offset property taxes. • Whereas a large investment in floral and landscape improvements was made to enhance the front entrance of City Hall • Whereas additional investments have been made in the waterfall feature out front of City Hall. Therefore be it resolved that City of Niagara Falls wedding ceremony prices increase immediately to $450 plus tax for locals and $750 plus tax for couples visiting from outside of Niagara Falls with rates to be reviewed annually; and any and all other enhancements here, be implemented within the next year: ▪ Creating value-added packages that offer things like, but not limited to, a keepsake wedding photograph, bouquet(s) and boutonniere(s), mayor’s commemorative certificate, choice of venue (indoor or outdoors), set-up of chairs or seating (for outdoor options) Page 10 of 11 Page 288 of 296 ▪ Developing outdoor wedding ceremony locations at City Hall to incorporate a visually unique decorative garden pergola (ie. heart- shaped), and alternatively, a covered outdoor option with a retractable awning for use during inclement weather ▪ Establishing a list of preferred local vendors to provide to couples upon booking, including, but not limited to photographers, florists, ceremony musicians, wedding rental companies ▪ Updating the words “City Hall” above the exterior front doors of City Hall to include the words “Niagara Falls” Page 11 of 11 Page 289 of 296 CITY OF NIAGARA FALLS By-law No. 2024 - 085 A by-law to declare PIN 64326-0190 (LT), Part Lane, Plan 997, Town of Niagara Falls lying between Victoria Ave and Brydges St and Leader Lane and Ferguson St; save and except Parts 1, 2, 3, 4, 5 and 6, 59R-12258; (Parts 1 to 6, 59R-12258 closed by By-law 2004-63 as in SN28776), in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of August 13, 2024, adopted the Recommendations of Council Report L-2024-15, to permanently close and declare surplus PIN 64326-0190 (LT), Part Lane, Plan 997, Town of Niagara Falls lying between Victoria Ave and Brydges St and Leader Lane and Ferguson St; save and except Parts 1, 2, 3, 4, 5 and 6, 59R-12258); (Parts 1 to 6, 59R- 12258 closed by By-law 2004-63 as in SN28776); AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. PIN 64326-0190 (LT), Part Lane, Plan 997, Town of Niagara Falls lying between Victoria Ave and Brydges St and Leader Lane and Ferguson St; save and except Parts 1, 2, 3, 4, 5 and 6, 59R-12258; (Parts 1 to 6, 59R-12258 closed by By-law 2004-63 as in SN28776), in the City of Niagara Falls, in the Regional Municipality of Niagara, hereby declared surplus. 2. The Mayor and Acting City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 10th day of September, 2024. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 290 of 296 CITY OF NIAGARA FALLS By-law No. 2024 - 086 A by-law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. PIN 64326-0190 (LT), Part Lane, Plan 997, Town of Niagara Falls lying between Victoria Ave and Brydges St and Leader Lane and Ferguson St; save and except Parts 1, 2, 3, 4, 5 and 6, 59R-12258; (Parts 1 to 6, 59R-12258 closed by By-law 2004-63 as in SN28776, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 10th day of September, 2024. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 291 of 296 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 087 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs, Prohibited Turns). --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No.89-2000, as amended, is hereby further amended: a) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Ferguson Street Northwest River Road and a point 41 metres southwest of River Road. Tuesday and Friday 7AM – 11AM. Hanan Avenue East North Street and a point 30 metres south Of North Street. At All Times. b) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Hanan Avenue East North Street and a point 15 metres south Of North Street At All Times Page 292 of 296 c) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Houck Drive and Twidale Avenue Southbound on Twidale Avenue Alexander Crescent at Homewood Avenue Eastbound on Alexander Crescent d) by removing from the specified columns of Schedule R thereto the following items: Prohibited Turns COLUMN 1 HIGHWAY COLUMN 2 LOCATION COLUMN 3 DIRECTION COLUMN 4 PROHIBITED TURN COLUMN 5 TIMES/DAYS Simcoe Street At Victoria Avenue Eastbound Right At All Times On Red Signal Simcoe Street At Victoria Avenue Westbound Right At All Times On Red Signal This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 10th day of September 2024. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 293 of 296 CITY OF NIAGARA FALLS By-law No. 2024 - 088 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. Read a first, second, third time and passed. Signed and sealed in open Council on this 10TH day of September, 2024. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 294 of 296 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Florina Andrei Kaven Bowen Paul Brown Lucas D’Alesio Zayn Dehghan Amanda Diprose Stew Frerotte John Garvie Douglas Goodings Jay Modi Simratpal Singh Philip Rudachuk Raheim Wedderburn Page 295 of 296 CITY OF NIAGARA FALLS By-law No. 2024 - 089 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 10th of September, 2024. 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 10th day of September 2024 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. Read a first, second, third time and passed. Signed and sealed in open Council this 10th day of September, 2024. ........................................................ ……........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 296 of 296