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10/01/2024 Niagara MINUTES Jalas CityCouncil qNADA Meeting 4:00 PM - Tuesday October 1, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, October 1, 2024, at 4:00 PM, in the Council Chambers/Zoom App, with the following members present: COUNCIL Mayor Jim Diodati, Councillor Lori Lococo, Councillor Mona Patel, PRESENT: Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Ruth- Ann Niuwesteeg (Present in Chambers) Councillor Wayne Campbell (Present via Zoom App until 6:04PM). When Council left to go in-camera he did not return and did not vote. COUNCIL Councillor Tony Baldinelli ABSENT: STAFF Jason Burgess, Bill Matson, Margaret Corbett, Kira Dolch, Kathy PRESENT: Moldenhaur, Erik Nickel, Tiffany Clark, Dale Morton, Nidhi Punyarthi, Jo Zambito, Nick DeBenedetti, Chris Roome, Mackenzie Ceci, Danijel Dragosavljevic, Grant Felkner, Mike Stewart, James Sticca, Brian Dick 1 CALL TO ORDER The meeting was called to order at 4:06 PM. 2 ADOPTION OF MINUTES a) Council Minutes of September 10, 2024 Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council adopt the minutes from the September 10, 2024 Council meeting as presented. Carried Unanimously City Council - 10 Sep 2024 - Minutes 3 DISCLOSURES OF PECUNIARY INTEREST None to report. 4 MAYOR'S REPORTS, ANNOUNCEMENTS Obits —The Mayor offered sympathy to the families of: • Donald Briggs, Retired Platoon Chief, Fire Services • Eric Brown, brother of Carlton Brown of our Municipal Works Department • Sharron (Todd) Bloor, mother of Jim Todd of our Municipal Works Department Page 1 of 31 The Mayor discussed the following Events & Announcements: 2nd Annual Charity Community BBQ "BBQ2" • Thank you to staff, organizing committee and everyone who helped make it a success! • $50K raised for hospital and hospice • Attended by Councillors Lococo, Nieuwesteeg, Pietrangelo, Strange, Patel and Councillor-to-be Dabrowski Rotary Lobsterfest Terry Fox Run • Also attended by Councillors Thomson, Pietrangelo, Strange and Patel University of Niagara Falls Canada Grand Opening • Also attended by Councillors Patel and Nieuwesteeg. Trillium Awards • Also attended by Councillors Strange, Patel, Pietrangelo and Nieuwesteeg NF Art Exhibition Awards • Also attended by Councillor Lococo. Line of Duty Death Ceremony • Also attended by Councillors Lococo, Nieuwesteeg and Patel. 90th Anniversary of Niagara German-Canadian Club Councillor Representation Councillor Strange • Riverhawks Home Opener puck- drop • Run for Niagara Councillor Pietrangelo • Station #4 Niagara District Firefighters Association Meeting • Run for Niagara Business Happenings • Culinary Centre Nostaliqie—Grand Opening o Also attended by Councillors Patel and Nieuwesteeg • Post 85th Anniversary of Shreddies o Also attended by Councillor Thomson Flag Raisings • National Day of Truth and Reconciliation and Orange Shirt Day o Also attended by Councillors Nieuwesteeg, Patel and Lococo Coming up: • Spooky Awards o Free outdoor Hallowe'en themed decorating contest o Last year more than 50 properties participated! o 9 Awards to spookiest residents in 3 categories o Prizes include gift cards up to $100 each! o Register until Monday, October 21st online o Voting/judging takes place the weekend of October 25th! o Niagarafalls.ca/spooky Page 2 of 31 • Next Council Meeting o Tuesday, October 22nd 5 DEPUTATIONS / PRESENTATIONS 5.1 Civic Recognition - Greater Niagara Baseball Association (GNBA) Mayor Diodati, along with Bruno Lizzotti, Volunteer Head Coach, recognized the accomplishments of the 13U Niagara Falls Falcons Baseball Team for the team's win at the provincial championship in Mississauga. 5.2 Recognition for Larry Landon - Retirement from the Professional Hockey Players' Association (PHPA) Mayor Diodati and Brian Ramsay, Executive Director of the PHPA, recognized and congratulated Larry Landon on his retirement from the Professional Hockey Players' Association (PHPA) after 33 years of dedication as Executive Director. 5.3 Recognition for Butch Sacco -former President of Niagara Falls Minor Hockey Mayor Diodati, along with Vito Scaringi, former Vice-President of the Niagara Falls Minor Hockey Association honoured and recognized Butch Sacco for his 35 years of being president of the Niagara Falls Minor Hockey League. 6 PLANNING MATTERS 6.1 PBD-2024-41 (PUBLIC MEETING) AM-2023-025, Zoning By-Law Amendment Application 26CD-11-2024-008, Plan of Vacant Land Condominium 4257 Montrose Road PT TWP LT 80 STAMFORD, AS IN R0344314, EXCEPT PTS 1 & 2 59R11535; NIAGARA FALLS Applicant: Frank Costantino/ Frank Costantino Construction Agent: Emilio Raimondo (Raimondo & Associates Architects Inc.) The Public Meeting commenced at 5:00PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-41. Emilio Raimondo, Raimondo & Associates Architects Inc., answered questions. The Public Meeting adjourned at 5:11 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg It is recommended: 1. THAT Council APPROVE the Zoning By-law Amendment to rezone the property to a site-specific Residential Low Density, Group Multiple Dwelling (R4) to allow for the development of ten townhouse dwelling units in two blocks, subject to the regulations outlined in this report; 2. THAT the Draft Plan of Vacant Land Condominium be draft APPROVED Page 3 of 31 subject to the conditions 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 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 6.2 PBD-2024-42 (PUBLIC MEETING) AM-2023-035, Official Plan Amendment and Zoning By-law Amendment 4473-4479 & 4499 Ferguson Street Proposal: Internally renovate the existing structures on the subject land for additional apartment units. Applicant: 2808378 ONTARIO INC. (Ajay Kahlon) Agent: Mitchel Baker, Land Pro Planning Solutions Inc. The public meeting commenced at 5:11 PM. Chris Roome, Planner 2, provided an overview of Report PBD-2024-42. Joedy Burdett, resident, addressed Council speaking in favour of staff recommendation. Mitchell Baker, Land Pro Planning Solutions Inc., was present to answer any questions. The Public Meeting adjourned at 5:19 PM. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo It is recommended: 1. THAT Council APPROVE the Official Plan and Zoning By-law Amendments to increase the permitted density to 128 units per hectare and rezone the lands to a site-specific Residential 5C Density (R5C) Zone to permit the internal renovation of the existing buildings to accommodate 24 total residential units (16 units at 4473-4479 Ferguson and 8 units at 4499 Ferguson). 2. THAT Council AUTHORIZE the amending by-law to include a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into effect, with the possibility of a Page 4 of 31 one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried Unanimously 6.3 PBD-2024-43 (PUBLIC MEETING) AM-2024-003 — Official Plan & Zoning By-law Amendment 6546 Fallsview Boulevard & 6503-6519 Stanley Avenue Proposal: 58-storey mixed-use development consisting of two towers and 7-storey parking garage. Applicant: Hennepin Realty Holdings Inc. & Hennepin's View Inc. Agent: Bousfields Inc. (David Falletta / Cale Vanderveen) The Public Meeting commenced at 5:20 PM. Mackenzie Ceci, Senior Planner, Current Development, provided an overview of Report PBD-2024-43. Joedy Burdett, resident, spoke in opposition of the application. Rocky Vacca, provided a presentation and answered questions. David Falletta, provided a presentation and answered questions. The public meeting closed at 6:03 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel It is recommended: 1. That Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to facilitate a 58-storey mixed-use development and 7- storey parking garage, subject to the regulations and modifications outlined in this Report. 2. That Council AUTHORIZE the inclusion of a Holding (H) provision in the amending by-law to require the submission of a Quantitative Wind Study and a new Transportation Impact Study and Terms of Reference, the inclusion of warning clauses with respect to archaeological resources, and the implementation of recommendations identified in the Arborist Reports and Tree Protection Plans. 3. That Council AUTHORIZE the inclusion of a sunset clause in the amending bylaw to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within four years of the amending by-law coming into effect, with the possibility of a two-year extension at the discretion of the General Manager of Planning, Building and Development. 4. That Council PASS a motion deeming the proposed changes to the building height and holding provision minor and exempting the requirement for further written notice. Carried Unanimously Page 5 of 31 7 IN CAMERA SESSION OF COUNCIL 7.1 In-Camera Resolution - 6:04PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council enter into an In-camera session. Carried Unanimously 8 REPORTS Council returned from In-camera and resumed the Council meeting at 7:59 PM. Councillor Campbell did not return. 8.1 MW-2024-40 Sidewalk Winter Maintenance James Sticca, Director of Operations, provided a presentation. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council APPROVE a service level enhancement for the delivery of sidewalk snow clearing on Class 2 and Class 3 roads. 2. THAT Council DIRECT Staff to revise the public survey. Carried Unanimously 8.2 MW-2024-41 Skateboard Park Improvements at MacBain Park RFQ73-2024 Award Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council AWARD the Supply and Installation of Skateboard Park Improvements at MacBain Park RFQ73-2024 to the lowest compliant bidder Stonecast Contracting Limited (Stoney Creek, ON.) for $95,578.80 plus applicable taxes. 2. THAT Council APPROVE a 2024 capital budget amendment of$18,000 funded by CSPR 26 - Recreation Facilities Capital Reserve for Project RF57-20 - MacBain Skatepark Improvements. 3. THAT staff BE AUTHORIZED to execute the necessary documents. Carried Councillor Lococo was opposed 8.3 PBD-2024-44 Page 6 of 31 Sidewalk Café Program Fees: Summer 2024 Amendments Moved by Councillor Mike Strange Seconded by Councillor Mona Patel 1. THAT Council RECEIVE this report on recommended changes to Sidewalk Café fees. 2. THAT Council ADOPT a 3-year application and licensing fee structure of $200 + $15.00 per square meter. 3. THAT Council ADOPT the recommended Small Frontage Sidewalk Café program. 4. THAT Council DIRECT staff to update the Sidewalk Café Guidelines publication and Sidewalk Café Application form. Carried Councillor Lococo was opposed 8.4 R&C-2024-15 Aquatic Services Update Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg 1. To CONTINUE TO OPERATE four outdoor pools and to annually review future capital expenses. 2. To PERMANENTLY CLOSE and to demolish EE Mitchelson pool and building for the cost of$100,000 due to the current condition. 3. To IMPLEMENT a public engagement process to determine a new EE Mitchelson Park feature to be constructed at the former pool site. 4. To CONTINUE TO REVIEW the city's indoor and outdoor aquatic service levels for 2025. 5. That Council DIRECT Staff to come back with a report on pool feasibility study for an additional pool. 6. That Council DIRECT Staff to implement a public engagement process to determine which pools residents would like to see maintained through investment and whether they are willing to pay additional money to keep them open for extended periods of time. Carried Unanimously 8.5 F-2024-32 City Homelessness Costs Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council RECEIVE this report for information. Carried Unanimously 9 CONSENT AGENDA Page 7 of 31 9.1 MW-2024-39 Funding Opportunity - FCM Growing Canada's Community Canopies Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council AUTHORIZE Staff to apply to the Growing Canada's Canopies tree planting grant from the Federation of Canadian Municipalities (FCM) for activities described in report MW-2024-39; and further, 2. THAT Council AUTHORIZE the General Manager of Municipal Works / City Engineer to enter into agreements with the grantor (FCM), local school boards, and other project partners for the purposes of preparing the grant application and executing the grant as described in this report. Carried Unanimously 10 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1 Proclamation Request - Fire Prevention Week - 2024 Fire Chief Jo Zambito is requesting Council to proclaim the week of October 6, 2024 to October 12, 2024 as "Fire Prevention Week." This year's theme is: "Smoke Alarms: Make them work for you!" Recommendation: For the APPROVAL of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE the request to proclaim the week of October 6, 2024 to October 12, 2024 as "Fire Prevention Week." Carried Unanimously 10.2 Proclamation Request - Niagara Falls Public Library The Board members of the Niagara Falls Public Library request that Council proclaim the month of October as "Canadian Public Library Month and October 20, 2024 - October 26, 2024 as "Ontario Public Library Week" in the City of Niagara Falls. Recommendation: For the APPROVAL of Council. Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange THAT Council proclaim the month of October as "Canadian Public Library Month and October 20, 2024 - October 26, 2024 as "Ontario Public Library Week" in the City of Niagara Falls. Carried Unanimously 10.3 Resolution - Township of Lake of Bays - AMCTO Provincial Updates to the Municipal Elections Act Page 8 of 31 Attached is correspondence regarding the Township of Lake of Bays Council resolution in relation to the AMCTO Provincial Updates to the Municipal Elections Act. Recommendation: THAT Council APPROVE/SUPPORT. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council SUPPORT the resolution regarding the Township of Lake of Bays Council resolution in relation to the AMCTO Provincial Updates to the Municipal Elections Act. Carried Unanimously 11 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1 Office of the Integrity Commissioner - Matter No. IC-31204-0424 - Burdett re: Campbell Attached is an investigation report from the Integrity Commissioner and Investigator with regard to the above captioned matter. Joedy Burdett, resident at 4480 Bridge Street, spoke to the item and wanted Council to amend the Code of Conduct to prevent use of profanity. Recommendation: THAT Council RECEIVE for information. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council RECEIVE for information Item #11.1. Carried Unanimously 11.2 East Ferris - Rural Ontario Municipal Association (ROMA) and Ontario Good Roads Association (OGRA) Boards to re-establish a combined OGRA and ROMA annual conference. Attached is resolution from Council for the Municipality of East Ferris supporting that both the Rural Ontario Municipal Association (ROMA) and Ontario Good Roads Association (OGRA) Boards to re-establish a combined OGRA and ROMA annual conference. Recommendation: THAT Council RECEIVE for information. 11.3 Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region regarding the following matters: 1. CLK-C-2024-105 Motion respecting Municipal Code of Conduct. 2. CLK-C-2024-102 Niagara Region Incentive Policy Review. Recommendation: THAT Council RECEIVE for information. Page 9 of 31 Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE for information Item #11.2 and #11.3. Carried Unanimously 12 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1 Memo from Environmental Action Committee -Electrical Vehicle Chargers At the September 18th, 2024 Environmental Action Committee meeting, there was a motion put forward to send the following information to City Council, requesting that City Council send a resolution to the Province of Ontario's Ministry of Municipal Affairs and Housing that supports the building code to include the mandatory rough-in for future vehicle charging stations. I Motion: Moved by John Brucato, second by John Morocco THAT City Council CONSIDER sending a resolution to The Province of Ontario's Ministry of Municipal Affairs and Housing to reimplement mandatory rough-in for future home vehicle charging stations in new home builds. Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo THAT City Council CONSIDER sending a resolution to The Province of Ontario's Ministry of Municipal Affairs and Housing to reimplement mandatory rough-in for future home vehicle charging stations in new home builds. Carried (Councillor Patel was opposed). 13 RESOLUTIONS 13.1 Vacancy of Office - Resolution No. 13 THAT the Council of the City of Niagara Falls APPOINT CHRIS DABROWSKI to the office of City Councillor for the remainder of the term. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the Council of the City of Niagara Falls APPOINT CHRIS DABROWSKI to the office of City Councillor for the remainder of the term. Carried Unanimously 14 RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg That Council provided direction to staff regarding In-camera matters. Page 10 of 31 Carried Unanimously 15 NOTICE OF MOTION/NEW BUSINESS a) Notice of Motion Maintenance of City and Regional Roads Attached is a request for a Notice of Motion from Mayor Diodati regarding the maintenance of City and Regional roads. Councillor Strange left the meeting at 9:50 PM. Notice of Motion from Mayor Diodati OCT 1 b) Homeless Pilot Project Councillor Patel discussed a pilot project to integrate the homeless back into society at the City and Regional levels. CAO will work with the Region and come back with direction to staff. 16 BY-LAWS 2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for the 090 development of 10 townhouse dwelling units in 2 blocks (AM-2023-025). 2024- A by-law to provide for the adoption of Amendment No. 171 to the City of 091 Niagara Falls Official Plan (AM-2024-010). 2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for the 092 development of 5 Stacked Townhouse dwellings containing 72 units, subject to a 3-year sunset clause. (AM-2024-010). 2024- A by-law to amend By-law No. 79-200, to permit the use of the lands for the 093 development of hotel with two 30 -storey towers connected by a 4-storey podium, containing 548 hotel rooms, subject to a 3-year sunset clause. (AM- 2024-013). 2024- A by-law to amend By-law No. 2002-081, being a by-law to appoint City 098 employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2024- A by-law to adopt, ratify and confirm the actions of the City Council at its 099 meeting held on the 1st of October, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo THAT the by-laws be read a first, second and third time and passed. Carried. Councillor Lococo was opposed to by-law 2024-091 and 2024-092 17 ADJOURNMENT a) That Council adjourn the meeting at 9:56 PM. Moved by Councillor Lori Lococo Page 11 of 31 Seconded by Councillor Mona Patel THAT Council ADJOURN the meeting at 9:56 PM. Carried Unanimously Mayor /k- City Clerk Page 12 of 31