The Niagara Falls Record

City Council

August 13, 2024

Who was there

Present (9): Tony Baldinelli, Wayne Campbell, Jim Diodati, Lori Lococo, Ruth-Ann Nieuwesteeg, Mona Patel, Victor Pietrangelo, Mike Strange, Wayne Thomson

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (41 motions)

40 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

THAT Council APPROVE the minutes of the July 16, 2024 meeting as presented.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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.
Moved by Councillor Lori Lococo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Wayne Thomson
Carried Unanimously
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. 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. 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.
Moved by Councillor Wayne Thomson, seconded by Councillor Mona Patel
Carried
THAT Council move Items #8.2 and #8.11 up in the agenda to be addressed prior to passing the In-Camera resolution.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council enter into an In-Camera session.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mike Strange
Carried Unanimously
THAT Council enter into an In-Camera meeting to seek legal advice pertaining to Item #8.2.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Victor Pietrangelo
Carried Unanimously
THAT Council RECEIVE Staff Report CS-2024-03, Introduction: At Your Service Niagara Falls as information.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Mona Patel
Carried Unanimously
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 .
Moved by Councillor Victor Pietrangelo, seconded by Councillor Mona Patel
Carried Unanimously
THAT Report F2024-28, 2025 Preliminary Budget Projection BE RECEIVED for information; 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.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Victor Pietrangelo
Carried
THAT Council RECEIVE Staff Report CS-2024-04, Looking for Change: City Review as information; 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; 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. 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.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Lori Lococo
Carried Unanimously
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. 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. That the Mayor and Clerk BE AUTHORIZED to execute the necessary agreements.
Moved by Councillor Mona Patel, seconded by Councillor Victor Pietrangelo
Carried Unanimously
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.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Victor Pietrangelo
Carried Unanimously
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
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Referred
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. That Council APPROVE a 2024 capital budget amendment of $77,000 funded by the OLG reserve. That the Mayor and Clerk BE AUTHORIZED to execute the necessary documents.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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 .
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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. That Council APPROVE a 2024 Capital Budget Amendment in the amount of $131,000, inclusive of non-recoverable HST, funded from Development Charges. That Council AUTHORIZE the Mayor and City Clerk to execute all necessary Development Agreements and/or Cost sharing Agreements.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council approve extending the curfew beyond 10:00 PM.
Moved by Councillor Mona Patel, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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: The Owner satisfying all program requirements including entering into an agreement with the City of Niagara Falls; That the Mayor and Clerk be authorized to sign the agreement; That the approved Revitalization Grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP); 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 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.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Mike Strange
Carried Unanimously
That Council APPROVE the following 2024 Arts & Culture Wall of Fame Inductees: Brighton Rock, Evergon, Denise Matthews (Vanity)
Moved by Councillor Lori Lococo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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). That Council direct staff to forward the housing information to the Province as required.
Moved by Councillor Lori Lococo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council RECEIVE this report for information.
Moved by Councillor Mona Patel, seconded by Councillor Victor Pietrangelo
Carried Unanimously
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).
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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. 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.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
1. That the following report be RECEIVED for information.
Moved by Councillor Lori Lococo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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. THAT Council ADOPT Official Plan Amendment No. 168 and pass the related Zoning By-law included in tonight’s agenda.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council APPROVE/SUPPORT Item #10.1 through to and including Item #10.8.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
THAT Council RECEIVE FOR INFORMATION Item #11.1 through to and including Item #11.4.
Moved by Councillor Mona Patel, seconded by Councillor Lori Lococo
Carried Unanimously
THAT Council provide direction to staff pertaining to the proposal to rename Kitchener Street Park to Geppino's Family and Community Park.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously
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
Carried Unanimously
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
Carried Unanimously
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
Carried Unanimously
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
Carried Unanimously
THAT Council pass resolution #11 as presented.
Moved by Councillor Mona Patel, seconded by Councillor Lori Lococo
Carried Unanimously
THAT Council pass resolution #12 as presented.
Moved by Councillor Mona Patel, seconded by Councillor Victor Pietrangelo
Carried
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.
Moved by Councillor Ruth-Ann Nieuwesteeg, seconded by Councillor Mona Patel
Carried Unanimously
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
Carried
THAT the by-laws be read a first, second and third time and passed.
Moved by Councillor Victor Pietrangelo, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried
That Council ADJOURN the meeting at 10:47 PM.
Moved by Councillor Mona Patel, seconded by Councillor Ruth-Ann Nieuwesteeg
Carried Unanimously

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