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03/19/2024The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, March 19, 2024, at 4:20 PM, in the Council Chambers, with the following members present: COUNCIL Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne PRESENT: Campbell, Councillor Lori Lococo, Councillor Ruth -Ann Nieuwesteeg, Councillor Mona Patel, Councillor Mike Strange, Councillor Wayne Thomson COUNCIL Councillor Victor Pietrangelo ABSENT: STAFF Jason Burgess, Bill Matson, Nidhi Punyarthi, Chief Jo Zambito, Erik PRESENT: Nickel, Tiffany Clark, Kathy Moldenhauer, Shelley Darlington, Kira Dolch, Heather Ruzylo, Margaret Corbett (attending in Chambers) Trent Dark (attending via Zoom) CALL TO ORDER The meeting was called to order at 4:20 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. In -Camera Resolution (March 19, 2024) Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo THAT Council enter into an In -Camera session on March 19, 2024. Carried Unanimously (Councillor Campbell was absent from vote). 2.2. In -Camera Resolution (May 14, 2024 - second item added) Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo THAT Council enter into an In -Camera session on May 14, 2024. Carried Unanimously (Councillor Campbell was absent from the vote). 3. ADOPTION OF MINUTES Open Council meeting resumed after In -camera meeting - at 6:03 PM. 3.1. Council Minutes of February 27, 2024 Moved by Councillor Mike Strange Page 1 of 19 Seconded by Councillor Wayne Campbell THAT Council approve the minutes of the February 27, 2024 meeting as presented. Carried Unanimously 3.2. Council Minutes of March 5, 2024 Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council approve the minutes of the March 5, 2024 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST None to report. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Jakob "Jack" Antolich, father of Captain March Antolich, from Fire Services. • Nonie LeBlance, one of our City's school crossing guards. • Marilyn McFadden, retired City employee from our Finance Department. • Robert West, father of Sam West from our Fire Services. • Bobby Pysher, long time volunteer with the GNBA. • Janet Jessop, member of the Mayor's Accessibility Committee. Mayor Diodati mentioned the following City events: Community Diversity, Equity and Inclusion Workshop [photo shownl • Also attended by Councillors Baldinelli, Strange, Nieuwesteeg, Lococo and Patel • Third Space Fundraiser [photo shownl • Also attended by Councillor Patel Brunch, Bid and Bowl for Birchway [photo shownl • Also attended by Councillors Strange, Patel, Baldinelli, Nieuwesteeg and Lococo Business Happenings [photos for eachl • Gravity Fresh Fruity Bubble Tea o Councillors Patel and Thomson Page 2 of 19 Grand Opening of Roily and Bubbly o Also attended by Councillors Nieuwesteeg, Patel, Baldinelli, Strange o Also thank you for the dontation of bubble tea for Council and staff Also thank you for kind donation: • Commisso's — zeppole's for St. Joseph's Day/ Father's Day (Italy) Flagg Raisings: • National Day of Bulgaria o Also attended by Councillor Nieuwesteeg COMING UP: Solar Eclipse Events • Free Glorious Sons Concert with guests, New Friends, The Boneheads and Niagara Symphony Orchestra • Educational programming throughout the City and at Niagara Parks • Guinness Book of World Record attempt — sun costumes • Bring glasses and everything you need Nick Alfanso's Festival of Music — per Councillor Pietranqelo • Friday, April 5th at John Michael's Banquet Hall, 6PM • $20 per ticket or $300 per table of 10 • Featuring Avenue Inn with Frank Pietrangelo, Meave and the Mystics, Real Kevin, Ghost Pepper and DJ Morris Villella Easter Egg Hunts: • Firemen's Park Easter Eqq Hunt o Friday, March 29th — 11 AM- 1 PM o Non-perishable food item for Project SHARE o Shuttle service to and from Club Italia parking lot • Niagara Falls Soccer Club Easter Eqq Hunt Extravaganza o Saturday, March 30th — various times for different ages o Non-perishable food item for Project SHARE o Mitchelson Park Niagara Riverhawks Playoff Challenge • Accepted a friendly challenge o from Grimsby Council Member, Jacob [Ber-AD-zee] • Niagara Riverhawks and Grimsby Peach Kings face off o In the semi-final playoff round o If Riverhawks aren't successful, I agreed to wear the Peach Kings jersey to our next City Council meeting • Grimsby currently leads 3-0 in the 7-game series • Game 4 is tomorrow night o at the Gale Centre, with a 730PM puck drop! b) The next Council meeting is scheduled for Tuesday, April 9, 2024. Page 3 of 19 6. APPOINTMENT/ PRESENTATIONS 6.1. Appointment- Brian Medigee, Resident of Niagara Falls Brian Medigee, resident of Niagara Falls, requested to speak before Council on the following matters, however, he did not attend meeting. • Homelessness • Crime • Jobs (Tourism vs. Industry) • Accountability vs. deflection 6.2. Niagara Parks Commission Niagara Parks Commission CEO, David Adames and Chair, April Jeffs, provided a presentation regarding Niagara Parks' updates, initiatives and projects for Council's information. Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council receive for information the presentation made by David Adames (CEO) and April Jeffs (Chair) from the Niagara Parks Commission. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD-2024-04 AM-2023-027 Zoning By-law Amendment Application Southwest corner of Mountain Road and St. Paul Avenue Applicant: Mountainview DAC Inc. (Matt Vartanian) Agent: Upper Canada Consultants (William Heikoop) The Public meeting commenced at 6:43 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-04. William Heikoop, Planning Manager from Upper Canada Consultants, agent for application, provided a presentation in support of the application. The Public meeting closed at 7:23 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo 1. THAT Council approve the Zoning By-law amendment as detailed in this report for a 5 storey apartment building with 71 dwelling units, subject to the regulations and recommendations outlined in this report; and, 2. THAT the amending zoning by-law include a sunset clause to require the execution of a site plan agreement on title within 3 years of the passing of the zoning by-law. Page 4 of 19 3. THAT Council adopt proposed By-law No. 2024-027 on tonight's agenda to facilitate the proposal. Carried Unanimously 7.2. PBD-2024-06 AM-2022-020 Zoning By-law Amendment Lot 186 and 7640 Kalar Road Applicant: 12778611 Canada Inc. (Sherard McQueen) Agent: NPG Planning Solutions (Jesse Auspitz) The Public meeting commenced at 7:24 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-06. Rocky Vacca, Solicitor from Sullivan Mahoney, and Jesse Auspitz and Max Fedchyshak, acting as agents from NPG Planning Solutions, provided a presentation supporting the application. Mr. Vacca stated that 73 units would be designated as affordable housing. The Public meeting was closed at 7:40 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo THAT Council approve the Zoning By-law amendment to rezone the property to a site specific Residential Apartment 5C (R5C) and Environmental Protection Area (EPA) zone to redevelop the lands with 84 back-to-back townhouse dwellings and 29 block townhouse dwellings and protect the natural heritage features, subject to the regulations outlined in this report; and, 2. THAT the amending zoning by-law include a sunset clause to require the execution of a site plan agreement on title or draft plan approval within 3 years of the passing of the zoning by-law. Carried Unanimously 7.3. PBD-2024-07 AM-2023-026, Zoning By -Law Amendment Application 26CD-11-2023-007, Plan of Vacant Land Condominium 5558 Drummond Road Pt Township Lot 126 Stamford, Part 2 Plan 59R17721; City of Niagara Falls Applicant: Blythwood Homes Inc. (Rob Mills) Agent: Ethan Laman (Upper Canada Consultants) The Public meeting commenced at 7:40 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-07. Page 5 of 19 Ethan Laman, Planner from Upper Canada Consultants and acting as agent, was present to address Councillor questions. The Public meeting closed at 7:54 PM. Moved by Councillor Wayne Campbell Seconded by Councillor Ruth -Ann Nieuwesteeg 1. THAT Council approve the Zoning By-law amendment to rezone the property, a site -specific Residential Low Density, Group Multiple Dwelling (R4) to allow for the development of 12 townhouse dwelling units in 4 blocks with 6 Accessory Dwelling Units subject to the regulations outlined in this report; 2. THAT the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. THAT the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. THAT draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 5. THAT the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously 7.4. PBD-2024-08 AM-2021-009, Zoning By -Law Amendment Application 26CD-11-2021-002, Plan of Vacant Land Condominium Montrose Road north of McLeod Road Part of Stamford Township Lots 163 and 170, Part 29, 59R-14189, Part 1, 59 R-14189 Applicant: Niagara Property Corp. (Amar Mohamed) Agent: Joseph Plutino (Mainline Planning Services) The Public meeting commenced at 7:54 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-08. John Beam, of 8991 Montrose Road, addressed Council citing traffic concerns but supported the staff recommendations. Page 6 of 19 Joseph Plutino, acting as agent from Mainline Planning Services, addressed Council supporting the application. The Public meeting closed at 8:08 PM. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council approve the Zoning By-law amendment to rezone the property, a site -specific Residential 5C Density (R5C) to allow for the development of 83 townhouse dwelling units in 14 blocks, amending By- law No. 2010-132 and the removal of the Holding provision on this parcel subject to the regulations outlined in this report; 2. THAT Council approve the Zoning By-law that is on tonight's agenda. 3. THAT the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 4. THAT the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 5. THAT draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 6. THAT the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously 7.5. PBD-2024-09 AM-2023-019 Zoning By-law Amendment 26CD-11-2023-002 Draft Plan of Vacant Land Condominium Montrose Rd, north of McLeod Rd, across from Kinsmen Crt Applicant: Gemini Corporation (John Georgakakos) Agent: Arcadis (Carmela Agro) The Public meeting commenced at 8:12 PM. Matt Kernahan, Development Consultant, provided an overview of Report PBD-2024-09. Carmela Agro, Project Manager, Arcadis, and acting as agent, was present to Page 7 of 19 answer any Councillor questions. The Public meeting closed at 8:21 PM. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson 1. THAT the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report. 2. THAT the Plan of Vacant Land Condominium be draft approved, subject to the conditions contained in Appendix A; 3. THAT the Mayor or designate be authorized to sign the Draft Plan of Vacant Land Condominium as "approved" 20 days after Notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. THAT Draft Plan approval be given for three years, after which approval will lapse unless an extension is requested by the Owner/Developer and granted by Council; and; 5. THAT the Mayor and City Clerk be authorized to execute the Condominium Agreement(s) and any required documents to allow for the future registration of the Condominium(s), including easements granted over City land, when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously 8. REPORTS At 8:22 PM, the Clerk suggested that Council move to Item #8.8 (PBD-2024-10) to accommodate those present to speak to the matter. 8.1. CLK-2024-01 Fee Waiver Applications - March 2024 Submissions Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg 1.THAT Council approve, approve in part or deny the Fee Waiver applications received for the March 19, 2024 submission date, listed as follows: a. Wally Friesman & Knights of Columbus - Wally's Chippawa Cruise Night in the amount of $2,750 plus HST for the waiving of the costs associated with the use of the Chippawa Lions Park - parking lot.(half days x 22 days). b. OLMC YMCA Childcare Centre - YMCA Stronger Together - in the amount of $301.76 plus HST for the waiving of 1 hour of ice rental fees and 3 hours use of the Memorial Room at the Gale Centre. Page 8 of 19 c. Niagara Falls Meals on Wheels - Souper Lunch/Fundraising Soup - in the amount of $200 plus HST for the waiving of the costs associated with the room rental at the Gale Centre. d. Chippawa Volunteer Firefighter's Association - Chippawa Volunteer Firefighters Annual Slo- Pitch Tournament - in the amount of $840 plus HST for the waiving of the costs associated with the baseball diamond rental for 6 fields. e. Chippawa Volunteer Firefighter's Association - Chippawa Car Show & Annual Street Dance - in the amount of $250 plus HST for the waiving of the cost of the parking lot for the full day of event. f. Birchway Niagara (Formerly Women's Place of Niagara) - Birchway Niagara Book Riot - in the amount of $9,002.10 plus HST for the use of the dry rink floor space at the Gale Centre for the duration of the event. g. Big Brothers Big Sisters - MacBain Community Centre (Upstairs meeting room) - in the amount of $8,970 plus HST, for the waiving of the fees to rent the upstairs meeting space from April to December. h. Heart Niagara - Cruising on the Q - in the amount of $4,707.06 + HST for the fees associated with the road closure and special event application fee waivers. i. Rotary Club of Niagara Falls Sunrise - Niagara Falls Ribfest - in the amount of $325.00 for the waiving of the license to operate fee. j. Chippawa Volunteer Firefighters Association - SPN Slo Pitch Championships - in the amount of $4,320 plus HST for the waiving of the dry floor fees for the Slo-Pitch National event at the Chippawa Arena. k. Niagara Falls Soccer Club - Niagara Falls Soccer Club 1st Annual Easter Egg Hunt - in the amount of $75.00 plus HST for the waiving of the park rental fee. 2. THAT Council approve, approve in part or deny a refund of fees already paid related to a Fee Waiver application received by Jewish Niagara — Simchas bais Hashoaiva in the amount of $812.96 + HST, for an event held in October 2023. 8.2. F-2024-12 Water By-law Update Moved by Councillor Mona Patel Carried Unanimously Page 9 of 19 Seconded by Councillor Tony Baldinelli THAT Council APPROVE the following amendments to By-law 2016-108: Section 20 - Notice and Service of Notice to allow for sending notices through regular Canada Post mail and email. Schedule "A" to be deleted and replaced with Schedule "A" attached. Carried Unanimously 8.3. F-2024-13 Statement of 2023 Remuneration and Expenses for Members of Council and Commissions Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli For the information of Municipal Council Carried Unanimously 8.4. FIR-2024-01 (Report deferred to a future Council meeting) Single Source Requests - Implementation and Service Management of a Next Generation 911 (NG9-1-1) Solution and Standardization of Portable Radio Equipment 8.5. MW-2024-13 Drinking Water System Summary Report and Overview Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell 1. THAT Council receive Report MW-2024-13 regarding the Drinking Water System Summary Report and Overview 2. THAT Council be informed of the new written Commitment and Endorsement document of the Drinking Water Quality Management System (DWQMS) Operational Plan as attached to Report MW-2024- 13. 8.6. MW-2024-14 Ferry Street Reconstruction Tender Award City Contract No. 2024-495-19 Councillor Wayne Campbell left Chambers at 9:11 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo Carried Unanimously Page 10 of 19 Councillor Campbell left Chambers at 9:11 PM. 1. THAT Council award Request for Tender 2024-495-19 Ferry Street Reconstruction to the lowest compliant bidder, Provincial Construction (Niagara Falls) Ltd at the bid price of $3,374,971.80 excluding HST; 2. AND THAT Council approve a Single Source procurement with CIMA Canada Inc. in the amount of $224,120.00 excluding HST for contract administration and inspection services for the Ferry Street Reconstruction project in accordance with Section 18 of the City's Procurement By -Law No. 2021-04; 3. AND THAT Council accept the proposed funding contribution from the Victoria Centre BIA, capped at an upset limit of $300,000.00; 4. AND THAT Council approve a 2024 Capital Budget Amendment for project R119-19 in the amount of $500,000, $200,000 funded by OCIF and $300,000 from the Victoria Centre BIA; 5. AND THAT the Mayor and City Clerk be authorized to execute the necessary contract documents. Carried Unanimously (Councillor Campbell was absent). 8.7. MW-2024-15 Special Event Parking Rates and Fines Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Staff Report MW-2024-15, Special Event Parking Rates and Fines be received as information; AND THAT Council approve the associated parking related by-law amendments on tonight's Council agenda and that these amendments be given a first, second, and third reading, and that the Mayor and Clerk be authorized to execute the by-law amendments. AND THAT Council approve and provide delegated authority to the Chief Administrative Officer and/or their designate to modify and approve the parking rates and designating a day as "event" parking as appropriate within the minimum and maximum ranges as recommended in this report. Carried Unanimously (Councillor Campbell was absent). 8.8. PBD-2024-10 AM-2022-017, Zoning By-law Amendment Montrose Road, Parts 7 & 8 Proposal: To permit the construction of a detached dwelling Applicant: Kevin Dilts Agent: Mike Sullivan (LandPro Planning Solutions Inc.) This item was brought forward to be addressed prior to #8.1 and began at 8:22 PM. Cara Lampman, Manager of Environmental Planning from the Niagara Region, addressed Council supporting the report. Page 11 of 19 Mike Sullivan, from LandPro and acting as agent for the applicants, addressed Council in an effort to persuade Council to approve the construction of the detached dwelling. Linda Manson, resident of 4732 Cookman Crescent, addressed Council citing zoning and environmental concerns. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell 1. THAT Council RECEIVE Report No. PBD-2024-10 for information purposes. 2. THAT Council RECONSIDER Report No. PBD-2023-41 and recommend refusal of Zoning By-law Amendment application AM-2022- 017. Carried Unanimously 9. CONSENT AGENDA 9.1. MW-2024-11 Contract No. 2024-531-20 Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) - Single Source Request for Engineering Construction Services Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council permit a Single Source procurement with Kerry T. Howe Engineering Ltd. for contract administration and inspection services for Contract No. 2024-531-20 Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) in the amount of $121,100 plus applicable taxes in accordance with Section 18 of the City's Procurement By -Law No. 2021-04. Carried Unanimously (Councillor Campbell was absent from vote). 9.2. MW-2024-12 6683 Fallsview Boulevard Licence and Encroachment Agreement Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT 1970102 Ontario Limited, owner of the property known municipally as 6683 Fallsview Boulevard, be permitted through a Licence and Encroachment Agreement in a form satisfactory to the City Solicitor, to: a. continue to encroach into the Dunn Street road allowance at the location of a former loading dock where remnants currently remain; and, b. operate a commercial parking lot on the property for hotel valet Page 12 of 19 uses only, with right -in access only from Fallsview Boulevard. 2. THAT the Mayor and Clerk be authorized to execute the required Licence and Encroachment Agreement. 3. THAT the City Solicitor be authorized to register the Licence and Encroachment Agreement, or notice thereof, on title to the applicable parcels of land in the Land Registry Office at no cost to the City. Carried Unanimously (Councillor Campbell was absent from vote). 9.3. R&C-2024-02 Seniors Advisory Committee Goals and Objectives Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council Receive the Seniors Advisory Committee Goals and Objectives report for information. Carried Unanimously (Councillor Campbell was absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Special Occasion Permit Request - 2022 Niagara Falls Rotary Ribfest Jennifer Schoenhals, Co -Chair of the Niagara Falls Rotary Ribfest, is requesting that the City of Niagara Falls declare the "2024 Niagara Falls Rotary Ribfest," on June 15,2024-June 17, 2024 as "municipally significant" and "Community Festival" in order to assist with obtaining a Special Occasion Permit from AGCO. Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg THAT the City of Niagara Falls declare the "2024 Niagara Falls Rotary Ribfest," on June 15,2024-June 17, 2024 as "municipally significant" and "Community Festival" in order to assist with obtaining a Special Occasion Permit from AGCO. Carried Unanimously (Councillor Campbell was absent from vote). 10.2. Resolution - Town of Lincoln - Urgent Need for Increased Funding for Museums and Libraries At its Regular Meeting of Council held on February 26, 2024, the Town of Lincoln passed the following Resolution — RC-2024-23, regarding an Urgent Need for Increased Funding for Museums and Libraries. Recommendation: THAT Council support the Town of Lincoln resolution. Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg Page 13 of 19 THAT Niagara Falls' Council support the resolution from the Town of Lincoln regarding an Urgent Need for Increased Funding for Museums and Libraries. Carried Unanimously (Councillor Campbell was absent from vote). 10.3. Flag -Raising Request - Philippines Independence Day Attached is a request for Council to approve a Filipino Flag Raising celebration on Wednesday, June 12, 2024 for Philippines Independence Day and to illuminate the Falls in red/white and blue that same evening. Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council approve a Filipino Flag Raising celebration on Wednesday, June 12, 2024 for Philippines Independence Day and to illuminate the Falls in red/white and blue that same evening. Carried Unanimously (Councillor Campbell was absent from vote). 10.4. Flag -Raising Request - Pride Niagara 2024 - Annual Pride Flag Raising Pride Niagara is requesting that Council approve a Flag -raising ceremony on Monday, June 3, 2024 as part of this year's Pride Niagara Festival, for the month of June. Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council approve a Flag -raising ceremony on Monday, June 3, 2024 as part of this year's Pride Niagara Festival, for the month of June. Carried Unanimously (Councillor Wayne Campbell was absent from vote). 10.5. Proclamation Request - Save Soil Movement Puja Patel, of "A Voice to Save Soil from Canada," is requesting Niagara Falls' Council proclaim March 21, 2024 as "Save Soil Day" in the City of Niagara Falls. Moved by Councillor Mike Strange Seconded by Councillor Ruth -Ann Nieuwesteeg THAT Council support/approve Item #10.1 through to and including Item #10.5. Carried Unanimously (Councillor Campbell was absent from vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Niagara Falls Public Library -2024 (Revised) Capital Budget Attached is the Niagara Falls Public Library's 2024 revised Capital budget for Council's information. Page 14 of 19 Recommendation: For the Information of Council. 11.2. Correspondence from resident -Meaningful ways to honour Kiska's memory in the City As we approach the one-year anniversary of Kiska's passing on March 10th, Robert Jacobson is submitting ideas to consider by way of honouring her memory. Recommendation: For the Information of Council. 11.3. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Report PDS 4-2024 - Tree and Forest Canopy Project Recommendation: For the Information of Council. 11.4. Integrity Commissioner Complaint - IC - 23621-0423 Attached is a letter and Final Report from the Integrity Commissioner with regard to the above captioned matter. Recommendation: For the Information of Council. 11.5. Letter from Ontario Ombudsman to Council for the City of Niagara Falls and Memo from Staff Attached is a letter from the Ontario Ombudsman to Niagara Falls City Council. Recommendation: For the Information of Council. Councillor Campbell returned to Chambers at 9:17 PM. Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel THAT Council receive Item #11.5 for information. Carried Unanimously 11.6. Niagara Peninsula Conservation Authority - NPCA Annual General Meeting 2024 Attached is correspondence from the Niagara Peninsula Conservation Authority (NPCA) for information and distribution. Recommendation: For the Information of Council. 11.7. Resolution - Town of Cobourg - Proposed Amendment to Subsection 27 (16) of the Ontario Heritage Act (OHA) Attached is a resolution from the Town of Cobourg regarding Correspondence from the Architectural Conservancy Ontario regarding Proposed Amendment to Subsection 27(16) of the Ontario Heritage Act with respect to the removal of listed (non -designated) properties from municipal heritage registers. Recommendation: For the Information of Council. Page 15 of 19 11.8. Comments from Resident Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel THAT Council receive and file for information Item #11.1 though to Item #11.8 (excluding Item #11.5). Carried Unanimously 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Memo - From Seniors Advisory Committee - City of Niagara Falls Canada Day Celebration - June 30 - July 2, 2024. Attached is a memo from the Seniors Advisory Committee advising Council on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. Recommendation: THAT Niagara Falls City Council request the Niagara Region Transit Commission establish a discounted Seniors fare that is competitive with others in the Golden Horseshoe and seek the endorsement of all other local area municipalities in Niagara Region. Moved by Councillor Mona Patel Seconded by Councillor Wayne Campbell THAT Niagara Falls City Council request the Niagara Region Transit Commission establish a discounted Seniors fare that is competitive with others in the Golden Horseshoe and seek the endorsement of all other local area municipalities in Niagara Region. Carried Unanimously 13. RESOLUTIONS 13.1. Resolution: By-law No. 2024-031, AM-2023-023, 5438 Ferry Street A Public Meeting was held by Council on January 16th, 2024 to consider a Zoning By-law Amendment application to facilitate the development of a 30- storey mixed -use building at 5438 Ferry Street. The recommendations of Report No. PBD-2024-01 were approved by Council on January 16th, 2024, and By-law No. 2024-031 has been placed on Council's agenda this evening. The attached resolution is required to deem changes minor and exempt the requirement for further notice for the purpose of permitting a maximum lot coverage of 80% and the insertion of a 3-year sunset clause. No changes have been made to the building envelope or conceptual Site Plan since the Public Meeting. THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to By-law No. 2024-031 minor and exempts the requirement for further written notice. Page 16 of 19 Moved by Councillor Ruth -Ann Nieuwesteeg Seconded by Councillor Wayne Campbell THAT subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to By-law No. 2024-031 minor and exempts the requirement for further written notice. Carried Unanimously 14. RATIFICATION OF IN -CAMERA This item was moved up in the agenda to be discussed after In -Camera meeting at 6:04 PM. a) Ratification of In -Camera Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT Council take no position, neither to decline or accept, in respect of the request for a moratorium or an interim control by-law at this time, due to the fact that there is a pending application before Staff. Carried Unanimously 15. NOTICE OF MOTION/NEW BUSINESS a) Notice of Motion - Municipal Accommodation Tax (MAT) - Councillor Tony Baldinelli brought forth the following notice of motion: THAT Staff bring an update on current practices and a report to explain our options for the Municipal Accommodation Tax and its best practices. b) Notice of Motion - Review of Housing Strategy - Councillor Lori Lococo brought forth the following notice of motion: THAT Council review the Housing Strategy for the education, information and discussion of Council. c) Notice of Motion - Integrity Commissioner Report - Councillor Lori Lococo brought forth the following notice of motion: THAT Staff prepare a report on Integrity Commissioner complaints from other cities in the Region, and to include the number of complaints, costs of complaints and filing fees. d) Notice of Motion - Procedural By-law - Councillor Mike Strange brought forth the following notice of motion: THAT Staff be directed to look for efficiencies in running the Council meetings via updates to the Procedural By-law. e) Notice of Motion - Cummington Square Parking - Councillor Ruth -Ann Page 17 of 19 Nieuwesteeg brought forth the following motion: THAT Staff be directed to remove paid parking at Cummington Square to better serve the residents of this area. 16. MOTION 16.1. At the Council meeting of February 27, 2024, Councillor Lococo brought forward the following motion: Motion: THAT Council review our Strategic Plan and Master Plans in order to find cost savings. Moved by Councillor Lori Lococo THAT Council review our Strategic Plan and Master Plans in order to find cost savings. Not put. 17. BY-LAWS 2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 027. storey apartment dwelling with 71 dwelling units, and to repeal By-law No. 1998-183 and 2017-102, subject to a 3 year sunset clause (AM-2023-027). 2024- A by-law to amend By-law No. 2010-132 and By-law No. 79-200, to permit the 028. use of the lands, in part, for the development of 83 townhouse dwelling units in 14 blocks and the removal of the Holding provision. (AM-2021-009). 2024- A by-law to provide for the adoption of Amendment No. 165 to the City of 029. Niagara Falls Official Plan (AM-2023-022). 2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for a 10 030. storey mixed -use building, with 1,330 square metres of ground floor commercial space and 192 dwelling units, subject to the removal of a Holding (H) symbol and a 3 year sunset clause (AM-2023-022). 2024- A by-law to amend By-law No. 79-200 to permit the use of the lands for a 30- 031. storey mixed -use building with 456 dwelling units and 2 commercial units at grade subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-023). 2024- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 032. employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2024- A by-law to regulate the supply of water and to provide for the maintenance 033. and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. 2024- A by-law to amend By-law No. 96-50, being a by-law to regulate parking and 034. traffic on City Roads. (municipal lots) 2024- A by-law to amend By-law No. 2014-65 being a by-law to establish a System of Administrative Penalties respecting the stopping, standing, or parking of Page 18 of 19 036. vehicles in the City of Niagara Falls. 2024- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and 037. traffic on City Roads. 2024- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and 038. traffic on City Roads. (Parking Meter Zones) 2024- A by-law to adopt, ratify and confirm the actions of the City Council at its 039. meeting held on the 19th of March, 2024. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 18. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council adjourn the meeting at 9:47 PM. ayor City Clerk Carried Unanimously Page 19 of 19