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02/14/2017 ADDITIONS TO COUNCIL, TUESDAY, FEBRUARY 14, 2017 Property Matters 1. L-2017-02 a) Letter from Kenneth Westhues requesting deferral of report. Budget Matters 1. Copy of 2017 Capital and Operating Budget presentations 2. Letter from Tina Myers, Winter Festival of Lights re: OPG Winter Festival of Lights- thank you Presentations Women's Place 1. Memo from City Clerk re: Book Riot RECOMMENDATION: That staff work with Women's Place to find a suitable location for the 2018 Book Riot event. By-laws 1. Revised Schedule to By-law 2017-16 2. By-law 2017-20 - Few changes to the Transfer Payment Agreement. Additional By-law 3. 2017-23 A by-law to permanently close part of a highway. 4. 2017-24 A by-law to declare part of Lane, Plan 294, Town of Niagara Falls Lying Between Philip Street and John Street, designated as Part 1 o Reference Plan 59R-15770, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. River Road Niagara Falls, Ontario L2E 3H1 9 February 2017 Mayor Jim Diodati City of Niagara Falls, Ontario Dear Mayor Diodati: For more than a year, rumors have circulated in our neighbourhood that a developer is planning redevelopment of properties along River Road between Philip and John Streets, in ways that violate restrictions on density and height in the Official Plan and current zoning. According to the rumors, city staff are colluding with the developer. Not wanting to be a gossip-monger myself, I emailed Director of Planning Alex Herlovitch last July, asking if there is any truth to the rumors. I copied you on that email. I was grateful for and reassured by Mr. Herlovitch's prompt reply. He said he had been visited by a developer who expressed an interest in developing a much taller building(s) than currently approved with an increased number of units. I explained the heights and densities proposed far exceeded current Official Plan designation of the lands. I reviewed with him the intent of the policies affecting the lands, the zoning of the lands and also reviewed the OP and zoning for the surrounding residential neighbourhood. I explained to him that this was a very solid residential neighbourhood with strong resident interest which had objected to the previous two development scenarios (which you outlined). I advised him (as I do many developers) to consult with the surrounding neighbourhood to determine whether or not there would be any support for his application. I told him he would have to provide sound planning rationale to substantiate any application he would intend to submit to the City. I have had no further contact with this man since that initial meeting. I told him the site was too small for the density he proposed. I certainly did not encourage him to purchase additional lands, if he is acquiring lands it was not on my advice. Mr. Herlovitch assured me that any amendment application for the subject properties would be handled publicly in the normal way, in keeping with the Planning Act. Westhues to Diodati, p. 3 It thus appears that city staff are proposing to close a public road and sell it to a specific developer who has no intention of abiding by the redevelopment plan approved by Council in 2008, but who intends a high-rise, very high-density redevelopment almost identical to what Council rejected in 2006, after an outpouring of public opposition. All this has happened behind the scenes, without any public input, in egregious violation of the processes set down in the province's Planning Act and corresponding city by-laws. Request There is nothing to do now but end the collusion between developer and city staff. If the developer wants to submit to the city an amendment application for the subject lands, he is free to do so. Mr. Herlovich has assured me today that such an application would be handled according to law and policy. To sell the two lanes to the developer at this point, however, would be to negate the redevelopment plan currently in place, prejudge in the developer's favour the very different redevelopment plan he has in mind, and make a mockery of any subsequent public consultations. If city staff will not withdraw the proposal to sell the lanes that is on the agenda for Council's meeting of 14 February, I would ask Council to defer action on the proposal until such time as an amendment application for the subject lands has been received by the Planning Department and processed in the normal way. I am unable to be present for the Council meeting on 14 February. If the proposal remains on the agenda, I would ask that this letter be provided to all Councillors. Thank you. ii„44 01Z:44-- Kenneth Westhues 02/14/2017 City of Niagara Falls 2017 Operating Budget I February 14, 2017 Niagaraanlls .............................................................................................................. T nghtls Discussion .............................................................................................................. • Overview • Operating Budget Revised • Parking Budget A GREAT CITY...FOR GENERATIONS TO COME NiagaraaaIls 1 02/14/2017 Operating budget Comparison - Revenues Revenues 2017 2016 $Variance %Variance Taxation-General 63,207,581 62,520,985 686,596 1.10 Taxation-Waste Management 6,750,022 6,842,127 (92,105) (1 35) Taxation-Other 21,000 34,000 (13,000) (38.24) Payment in Lieu of Taxation 6,953,889 6,956,903 (3,014) (0.04) Other Municipalities 1,201,051 785,212 415,839 52.96 Grants/Licenses/Permits/Rents 4,874,611 4,205,972 668,639 15.90 Service Charges/User Fees/Concessions/Fines 5,821,191 5,888,598 (67,407) (1.14) Penalties&Interest 2,200,000 2,300,000 (100,000) (4.35) Investment Income/Donations 2,596,000 2,591,000 5,000 0.19 Sales/Other Revenue 25,395,354 25,380,410 14,944 0.06 Internal Transfers 4,591,969 4,591,969 0 0.00 Transfers from Reserves/Reserve Funds 6,415,624 7,017,879 (602,255) (8.58) Total $130,028,292 $129,115,055 913,237 0.71 ___TZ....11_, , A GREAT CITY...FOR GENERATIONS TO COME Niagara palls Key statistics • Proposed expenditure increase of 1.49% • Total debt servicing reduction of approximately $925,000 • Revenue increase of 0.71% • Real Assessment growth resulting in increased revenue • Revenue offset by reductions in Provincial OMPF Grant, POA and reduced tax arrears penalties ____Z.,:=4I, A GREAT CITY...FOR GENERATIONS TO COME NiagaraJalls 3 02/14/2017 Budget Revised Annual Adjusted 2017 Reductions Final 2017 2016 Increase Variance% ($) Operating Expenditures $131,045,092 $401,000 $130,644,092 $129,115,055 $1,529,037 1.19% Operating $130,028,292 0 $130,028,292 $129,115,055 $913,237 0.71% Revenues $1,016,800 $615,800 $615,800 • Balance outstanding is$615,800 to be recovered • Expenditure increase of 1.19%is below inflation levels • Expenditure increases offset by debt servicing reductions A GREAT CITY...FOR GENERATIONS TO COME Niagara alis Comparison of TaxRates on the Average Household Tax 2016 2017 $Change %Change Assessment 224,634 235,606 10,972 4.88% City-General $1,066.7 $1,093.18 $26.49 2.48% City-Urban Service Area $171.66 $175.62 $3.96 2.30% City-Waste $134.07 $131.09 ($0.98) (2.22%) Region $1,306.39 $1,334.39 $28.00 2.00% School $422.31 $422.31 $0.00 0.00% Total $3,101.13 $3,156.59 $55.15 1.79% • Assumed Tax Ratios remained at status quo. • City and region may change if policy changed • School rate not published yet used last year • Gross Levy Inc 1.89% -Net Levy Inc 0.97% //� A GREAT CITY...FOR GENERATIONS TO COME Niagaraj'alls 5 02/14/2017 Parking Budget Comparison - Ex.enditures & Revenue b Ob'eot Code Revenues 2017 2016 $Variance %Variance Permits $132,800 $147,000 (14,200) (9.66) User Fees 869,300 927,318 (50,018) (6.26) Fines 415,000 439,000 (24,000) (5.47) Other Revenue 26,000 26,000 0 0.00 Total Revenues $1,443,100 $1,539,318 (96,218) (6.25) Expenditures 2017 2016 $Variance %Variance Salaries&Wages $424,445 $419,012 $5,433 1.30 Overtime 2,000 3,200 (1,200) (37.50) Employee Benefits 127,980 129,874 (1,894) (1.46) Materials&Services 66,642 68,894 (2,252) (3 27) Contract Services 506,200 582,014 (75,814) (13.03) Rents&Financials 116,500 143,500 (27,000) (18.82) Internal Transfers 199,333 192,824 6,500 3.38 Total Expenditures $1,443,100 $1,539,318 (96,218) (6.25) Revenues Less Expenses - - - 00.0.0 -Il*, A GREAT CITY...FOR GENERATIONS TO COME Niagara rails 1 a) , ie� � � - S vi es Budget Reduction Measures • Permanent and Seasonal Municipal Lot Closures S,. t • Event Based Rate ' ' I ,r, t J i _; - w : ,;1, Structure �� I —. ., ".._ A GREAT CITY...FOR GENERATIONS TO COME Niagararglls 7 02/14/2017 City of Niagara Falls 2017 Capital Budget i � f February 14, 2017 1Viagara�1s .............................................................................................................. .............................................................................................................. Introduction • Opportunity to provide Council with an overview of 2017 Capital budget • Capital budget is available on-line • Capital budget is fully funded based on available sources • Use of future year allocations to fund multiyear projects • Use of significant infrastructure funding (applications still pending) A GREAT CITY...FOR GENERATIONS TO COME Niagara,Falls 1 02/14/2017 !IL'I ILII ill Proposed Capital Expenc l ctr Department Fire $ 1,050,000 Municipal Works $ 35,576,936 Transportation $ 6,899,885 Recreation & Culture $ 1,170,000 Building $ 4,688,000 Library $ 344,606 Info System/Gen Gov. $ 305,000 Cemeteries & Parks $ 3,835,000 Total $ 53,869,427 A GREAT CITY...FOR GENERATIONS TO COME \iagarafall,s Funding • Transfers from Operating Budgets • Transfers from Utility Budgets • Development Charges • Special Purpose Reserves • Federal Gas Tax • Provincial Gas Tax (Transit) • OCIF Funding • External Contributions • OLG Reserve- 3 components used • Debentures for one project A GREAT CITY...FOR GENERATIONS TO COME Niagara,FaIIs 3 02/14/2017 OLG Contribution Agreement Reserve • Received $19.024 million so far in 2016/17, committed $19.830 million so far. • Committed $8.995 million to capital budget in 2017 • 4th quarter payment will be received in April, we will have an opportunity to re-evaluate Tab 10 projects then • Staff used $1.727 million to fund infrastructure applications. Aimmi A GREAT CITY...FOR GENERATIONS TO COME Niagara 7alls 2016-2017 Allocation of OLG Revenue as at End of 3rd Quarter (December 31, 2016) $690,000 •Infrastructure $4,200,000 •Tax Subsidy Niagara Regional Police ■Economic Development/Niagara District Airport /Hospital 5 02/14/2017 Municipal Debt Update Continued • As 2014 AMP indicated, municipality requires greater capital reinvestments than currently allotted • Borrowing rates for municipalities continue at historic lows thereby making this an option • The City continues to retire debt thus creating room for additional funds for capital replacement or operational improvements • Significant reduction in debt servicing payments in 2017 A GREAT CITY...FOR GENERATIONS TO COME Niagarafall.s In Summary • 2017 Capital Budget $53.8 M • Used $8,995 M of OLG contribution, with 4th quarter amount to be received • No increases in transfers from operating & utility budgets • OCIF funding of$1.5 M included, as well as federal & provincial gas tax • City awaits approval on both PTIF and CWWF applications • City used $1.7 M set aside from OLG funding for infrastructure announcement /ff.:* A GREAT CITY...FOR GENERATIONS TO COME Niagara -galls 7 r .ONTAHIOPOWER FestrualoaLights GENERATION I NIAGARA FALLS * ONTARIO * CANADA Scotiabank Convention Centre, 6815 Stanley Avenue, Niagara Falls,ON L2G 3Y9 T:905-374-1616 E: info@wfol.com February 13,2017 His Worship, Mayor Jim Diodati &Members of Council The City of Niagara Falls City Hall, PO Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: OPG Winter Festival of Lights—Thank you Dear Mayor Jim Diodati &Members of Council, The Ontario Power Generation Winter Festival of Lights would like to thank the City of Niagara Falls for your continued support for the Winter Festival of Lights. This year's 34`h edition of the Festival is pleased to share with you the tremendous results and growth of the Festival. Highlights include: • Over 13%increase in cars driving through Dufferin Islands(70,000+cars, exceeding the record set in 2015116) • 46%increase in bus traffic, representing over 400 buses • An increase of 54 of volunteers who serve as Festival Ambassadors, and who contributed over 4600 of hours,which represented a significant increase of volunteer hours over last year • New programming including the Deck the Falls and Holiday marketplace • Overall, over 1.2 million visitors enjoyed the Festival, representing an increase of 5%over last year, resulting in a significant economic impact over$54 million. 32,000 were new visitors to the Festival. As you know,the Winter Festival of Lights is a unique event in that it runs for almost three months(a quarter of the year), provides enjoyment to both local residents and out of town visitors alike, and offers programming in the winter months. It is also an event that provides significant community involvement—from the 200+number of volunteers who make the event possible,to community sponsors who invest in the Festival, like the City of Niagara Falls. The City's investment contributed significantly to the Festival's growth not only this past year, but over the past three years. The Festival has been able to purchase more light displays, expand programming and ensure that the Festival is at a caliber that residents can be proud of. In December 2016 the Festival presented to Council with a request to support the Festival for an additional $300,000 each year for two years. Understanding that you will be moving into budget deliberations,the Festival would like to highlight a few milestones for the Festival this coming season of 2017: • 35th Anniversary of the Winter Festival of Lights • Canada 150 • Ontario 150 • Festivals and Events Ontario celebrating 30 years • 2017 represents the third year of a five-year transition of the event's strategic plan With so many milestones this year,the Festival would like to showcase the City and the event in the brightest light possible. I would be pleased to answer any questions that Council may have regarding the Festival. Yours Sincerely, WINTER FESTIVAL OF LIGHTS i T a Myers Executive Director CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: February 14, 2017 Re: Book Riot Council will hear a deputation from Amanda Braet, Development Director of Woman's Place. The original purpose of the deputation was to request the use of, and a grant equal to the fees associated with, the Gale Centre, for the annual Book Riot. Women's Place recently learned that they can use Niagara Square for the 2017 event, therefore, they will not be looking at Gale Centre for 2017 but will still appear before Council to outline their annual event. As a result of the change, staff recommends the following: RECOMMENDATION: That staff work with Women's Place to find a suitable location for the 2018 Book Riot event. A Great City ... For Generations To Come cNIAGARA € A ` 5 NEW LOCATION 4728 DORCHESTER RD. ----) Dental Clinic r ..,., . ,,„,,,A„,!„„„,,,„,„,.,, Now welcoming new patients! CLICK HERE FOR DETAI NEWS LOCAL Book Riot looking for permanent home By Ray Spiteri, Niagara Falls Review 9 Saturday, February 11,2017 11:41:00 EST AM ..,---,.,-.-..s.`". dS t' illik a , ' . . rtt.:". : Ili L. 53 0.1 ' . i --.1 . — . 4. 041.0 _ •r• {,.,,• X11_ a ,.,••••• r we v i,,,,,1- 4 ,L/• , . .. ,}i " cM l ' r«,1 / It tugs Ptolnccd by , g F IL''''; ' -,3t - ::`-', .# . ... ililii,,t 1.. I ` 1 - ` •..1..`rte 1..•..^ ' ... R . t�Clf u..ti.- _ 1<< _ __ -_ Amanda Braet,development director for Women's Place of South Niagara, is hoping to move the annual Nova House Book Riot to the Gale Centre,starting in 2018.(Niagara Falls Review/Postmedia Network file photo) The popular annual Nova House Book Riot will return to Niagara Square this May,despite the mall's closure that month. "For this year we have been fortunate enough to have RioCan extend the invitation to participate,still,at the Square this year,"said Amanc Braet,development director for Women's Place of South Niagara. "We didn't receive that news until just recently." Niagara Square is scheduled to close in May as part of a plan to re-invent the beleaguered south-end shopping centre.The enclosed area I will be demolished and replaced by an outdoor-style mall similar to the Outlet Collection at Niagara in Niagara-on-the-Lake. RioCan,which has an ownership interest in the Square,sent notices to tenants last month terminating their leases.RioCan has offered space,free of charge at the Square,to Women's Place for the past two years for its book riot fundraiser. Braet said this year's event,the organization's 40th anniversary which raises money to support Women's Place's shelters in Niagara Falls and Welland,will be held from May 10-14.But this year,the book riot will be located inside space formerly occupied by Petcetera,as opposed to the former Toys'R' Us space. Braet said organizers are now trying to find a new,permanent location for the book riot,starting in 2018.She said discussions have been held with Niagara Falls city hall about possibly moving into the Gale Centre. SCHEDULE 1 TO BY- LAW No. 2017- Subject Land V//I 8.34m &.73m 30.89m S6 9m I U � r e GC(H) E E 16.41m 1034 rry 124.73m �� v .a re W 0 � v c v d McLeod Rd 1:nts Amending Zoning By-law No. 79-200 Description: Parts 3 & 4, Plan 59R-15767 Applicant: Look Revolution Inc Assessment #: 272509000642710 AM-2016-015 K:\GIS_Requests\2016\Schedule\Zoning\15\Zoning.map February 2017 Dean Iorfida From: Beth Angle Sent: Monday, February 13, 2017 12:10 PM To: Dean Iorfida Cc: Kathy Moldenhauer Subject: FW:Transfer Payment Agreement - minor revisions to reporting date Attachments: City of Niagara Falls_ON150 PP TPA.pdf Hello Dean There have been a few changes to the Transfer Payment Agreement.The updated document is attached. Please let me know if you need anything else! Beth From: Hay, Jennifer (MCI) [mailto:Jennifer.Hay@ontario.ca] Sent: Monday, February 13, 2017 11:56 AM To: Beth Angle Cc: Kathy Moldenhauer Subject: Transfer Payment Agreement - minor revisions to reporting date Hi Beth, I'm sending this to Kathy too — I believe you're back by now, but just in case I wanted to make sure the revision is received. We've received direction to revise all Transfer Payment Agreements (TPA) for projects ending in December 2017, to ensure that final payments can be released within the province's fiscal 2017-18 year. In the first TPA I sent, the final report was due March 31 and the TPA expiry date was May 31, 2018. In the attached revised version, the final report is now due January 31, 2018 and the TPA will expired on March 31. These dates changes are found on pages 20, 24 and 25 of the attached document. The dates are the only items changed in the agreement. Please have this version signed and scan the entire document back to me. Sorry for any inconvenience, and please let me know if you have any questions. Thanks very much. Jen 1 SCHEDULE "E" PAYMENT PLAN The Province will provide Maximum Funds to the Recipient in installments as outlined in the table following. PAYMENT DATE OR MILESTONE AMOUNT Upon execution of this Agreement $69,795 by both parties Upon submission of the Project $7,755 Final Report by January 31, 2018 and approval by the Province File Number:2016-08-1-436419817 24 CITY OF NIAGARA FALLS By-law No. 2017 - 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. Part of Lane, Plan 294, Town of Niagara Falls Lying Between Philip Street and John Street, designated as Part 1 on Reference Plan 59R-15770, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and 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. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017. Second Reading: February 14, 2017. Third Reading: February 14, 2017. CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to declare part of Lane, Plan 294, Town of Niagara Falls Lying Between Philip Street and John Street, designated as Part 1 on Reference Plan 59R-15770, 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 now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part of Lane, Plan 294, Town of Niagara Falls Lying Between Philip Street and John Street, designated as Part 1 on Reference Plan 59R-15770, in the City of Niagara Falls, in the Regional Municipality of Niagara, hereby declared surplus. 2. The Mayor and 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. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017. Second Reading: February 14, 2017. Third Reading: February 14, 2017.