08/13/2024Niagara MINUTES
IDA Cit Council MeetinNAY g
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 Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo,
PRESENT: Councillor Ruth -Ann Nieuwesteeg, Councillor Mona Patel, Councillor
Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson
Councillor Campbell (attended via Zoom)
STAFF Jason Burgess, Margaret Corbett, Kira Dolch, Kent Schachowskoj,
PRESENT: 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:
My Mulan
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• 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.
Moved by Councillor Lori Lococo
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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
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
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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.
The Planning Public Meeting closed at 3:34 PM.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mona Patel
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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
Moved by Councillor Ruth -Ann Nieuwesteeg
Seconded by Councillor Victor Pietrangelo
THAT Council enter into an In -Camera meeting to seek legal advice pertaining
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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
process.
Council moved to Item #8.11 on the agenda at 5:18 PM.
Moved by Councillor Victor Pietrangelo
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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.
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
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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 Staffs 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
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
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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.
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
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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
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
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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
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
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).
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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
That the following report be RECEIVED for information.
Carried Unanimously (Councillors Baldinelli, Campbell, Strange and
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
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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.
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
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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.
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
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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.
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).
Page 15 of 25
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.
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
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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,
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
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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
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).
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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.
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
Page 19 of 25
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
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,
Page 20 of 25
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
Cafe regarding the food resources that may be required to assist foreign
students and their families.
• 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- A by-law to provide for the adoption of Amendment No.169 to the City of
067. Niagara Falls Official Plan (AM-2022-021).
2024- A by-law to amend By-law No. 79-200 to permit the use of the lands for an 812-
Page 21 of 25
068. 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- A by-law to amend By-law No. 79-200, to permit the use of the lands for the
074. development of 192-bed long term care home with clinic uses, subject to a 3-
year sunset clause. (AM-2024-012).
2024- A by-law to provide for the adoption of Amendment No. 170 to the City of
075. Niagara Falls Official Plan (AM-2024-012).
2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 20-
076. 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- A by-law to provide for the adoption of Amendment No. 168 to the City of
077. Niagara Falls Official Plan (AM-2023-036).
2024- A by-law to amend By-law No. 2002-081, being a by-law to appoint City
078. employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2024- A by-law to appoint an Acting Treasurer.
079.
2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for the
080. development of 6 detached dwellings (AM-2024-004).
2024- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
081. traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited
Parking).
2024- A by-law to adopt, ratify and confirm the actions of the City Council at its
082. 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).
Page 22 of 25
Mayor
/-,.C;
City Clerk
Page 23 of 25
Notice of Motion - Wedding Ceremony Enhancements
For Tuesday, August 13tn
• 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 area quintessential
Location to get married outside of a place of worship or religious facility.
• Whereas City Hall has proven to bean 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
■ 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