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08/09/2022Niagara MINUTES CityCouncil Falls ANADA Meeting 1:00 PM - Tuesday, August 9, 2022 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, August 9, 2022, at 1:05 PM, in the Council Chambers, with the following members present: PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (all present in Chambers) Councillor Carolynn loannoni (present via Zoom) STAFF Jason Burgess, Bill Matson, Margaret Corbett, Kira Dolch, James PRESENT: Dowling, Nidhi Punyarthi, Erik Nickel, Shawn Oatley, Chris Burton (present in Chambers) Deputy Fire Chief, Ken Henry (present in Chambers and on Zoom) Kathy Moldenhauer, Trent Dark, Serge Felicetti, Dale Morton, Carla Stout (present over Zoom) 1 IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In -Camera Moved by Councillor Chris Dabrowski Seconded by Councillor Victor Pietrangelo That Council entered In -Camera session at 1:05PM. Carried Unanimously 2. CALL TO ORDER The meeting was called to order at 1:42PM 3. ADOPTION OF MINUTES 3.1. Council Minutes of July 12, 2022 Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson That Council approve the minutes of the July 12, 2022 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST 1. Councillor Lococo declared a conflict of interest on items: Page 1 of 29 • 7.4 - PBD -2022-61, Official Plan, only as it pertain to Bridge Street Victoria Avenue • 7.8 - PBD -2022-60, Official Plan Amendment 149, as it pertains to Inclusionary Zoning Downtown. 2. Councillor Kerrio declared a conflict of interest on items: • 8.11 - PBD -2022-19 By-law amendment (5613, 5631, 5633 Victoria) as the Councillor owns property next door. • 14.1 - Resolution re 5631, 5633 Victoria as the Councillor owns property next door • 17 - By-law 2018-88 - Boyer's Creek Drain 3. Councillor Pietrangelo declared a conflict of interest for items: • 7.4 - PBD -2022-61 - Employment Policies as family owns land which can be affected. • 8.10 - PBD-2022-58/AM-2022-002/14.2 Resolution/By-law 2022-087 - OPA/ZBCA/Minor Zoning regulation - primary residence within notification zone • 9.6 - MW -2022-47 - Growth Related Municipal Servicing - conflict with "recommendation 3" of the region's new official plan - family owns land identified in this area 5. MAYOR'S REPORTS, ANNOUNCEMENTS Canada Games— On Now! Hall of Honour Induction o Councillor Mike Strange for his philanthropy in sport. o Presented by Ron MacLean and Catrina LeMay Doan Opening Ceremonies o Airport arrivals o Incredible celebration / opening NF Paired with Northwest Territories—"13 for 13 Celebration" o Our celebration is also the Closing Ceremony for the Games o At Queen Victoria Park on Sunday, August 21st Baseball and Golf taking place in Niagara Falls o Tickets at niagara2022games.ca Plaque Unveiling for Chippawa Docks Committee Also attended by Councillors Dabrowski and Pietrangelo City Council Representatives Steppe Up for Ukraine Fundraiser Queen Street Latin Festival Councillor Strange Welcome and flag raising for Ghana King Annual Commemorative Service for Battle of Lundy's Lane Councillor Thomson Grand Openings/ Business Happenings Lupos Little Eataly Inc. - also attended by Councillor Strange and Councillor Pietrangelo 25 Year Celebration - Stuart Berry, Chiropodist - also attended by Councillor Pietrangelo Page 2 of 29 Sport Chek Grand Opening Hot Lobster Dim Sum Icon Autographs - also attended by Councillor Dabrowski, Councillor Pietrangelo and Councillor Strange Kothu Labs Letesha's Boutique - also attended by Councillor Pietrangelo Goldie's Museum - also attended by Councillor Pietrangelo Staples Grand Re -opening NOTE: Break for Municipal Elections this Fall, Monday, October 24th Next Meetings: Inaugural of the new Council - Tuesday, November 15th First Regular Meeting of Council - Tuesday, November 22nd 6. DEPUTATIONS / PRESENTATIONS 6.1. Parkway Fire Rescue Recipient Deputy Fire Chief Ken Henry made a presentation of a Fire Chiefs Coin to Maggie Letourneau, for demonstrating an act of bravery on July 13, 2022. 6.2. Vacation Rental Units (VRUs) Gerald Spencer, Manager of Municipal Enforcement Services, provided Council with a presentation pertaining to the strategy to enforce by-laws related to illegal Vacation Rental Units (VRUs). Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange That Council receive the Vacation Rental unit presentation by Gerald Spencer, Manager of Municipal Enforcement Services. Carried Unanimously 9. CONSENT AGENDA Consent Agenda items #9.1 - #9.11 were combined and moved in block by one motion of Council. Moved by Councillor Vince Kerrio Seconded by Councillor Wayne Campbell That Council approve recommendations in items 9.1-9.11 of the Consent Agenda. Carried Unanimously Item 9.6 Councillor Lococo opposed to expansion of urban boundary 9.1. F-2022-38 Tax Receivables Monthly (June) Page 3 of 29 9.2. F-2022-39 Corporation of the City of Niagara Falls, Ontario — Trust Funds Financial Statements December 31, 2021 9.3. F-2022-44 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 9.4. L-2022-04 Encroachment Agreement with the City 6085 Lundy's Lane - Stairs encroaching into Lowell Avenue (Iglesia Ni Cristo) Our File No.:2022-98 9.5. MW -2022-46 Adopt A Hydrant Program 9.6. MW -2022-47 Growth Related Municipal Servicing 9.7. MW -2022-50 Harper Drive - Parking Control Review 9.8. MW -2022-51 Clifton Hill Sidewalk Widening Phase 2 Contract Award 2022-561-21 9.9. PBD -2022-59 GTY-2022-001, Gateway Community Improvement Plan Application 7873 Blackburn Parkway Applicant: Calabrese Holdings (Frank Gallo) 9.10. R&C-2022-17 2022 Sports Wall of Fame Inductees 9.11. R&C-2022-18 2022 Arts & Culture Wall of Fame Inductee 7. PLANNING MATTERS 7.1. PBD -2022-55 AM -2022-010 and 26CD-11-2022-005 Zoning By-law Amendment and a Draft Plan of Vacant Land Condominium Roll # 270506001402150, 5610, & 5630 Dorchester Road Page 4 of 29 Applicant: Loyalist Crossing Development Inc. Agent: Peter Lesdow The public meeting commenced at 2:30PM. Alexa Cooper, Planner 2, provided an overview of the report PBD -2022-55. 1 member of the public spoke to this application: • Don Calaguiro, 5581 Woodland Blvd., spoke to the issue of tree protection of the area and opposition to the set -back. Rocky Vacca, Sullivan Mahoney, agent of applicant, made a presentation on behalf of owner Peter Lesdow. Public meeting ended at 2:53PM. Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo Recommendations: 1. That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple Dwellings (R4), to permit 80 townhouse dwelling units. 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 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; 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; and 7. That interested residents be included in the vacant land of condominium process. Carried Councillor Lococo opposed 7.2. PBD -2022-63 AM -2022-014, Zoning By-law Amendment Application 5528 Ferry Street Page 5 of 29 To permit the mixed-use development of Building A at a height of 16 storeys and 57 metres providing 168 apartment dwelling units and Building B at a height of 14 storeys and 48 metres providing 286 apartment dwelling units; no changes are proposed for Building C Applicant: La Pue International Inc. (Pawel Fugiel) Agent: ACK Architects (Michael Allen) The public meeting commenced at 2:54PM. Julie Hannah, Planner 2, provided an overview of the report PBD -2022-63. Members of Council asked questions of staff regarding the presentation; Staff provided responses. Zero members of the public were present to speak to the application. Rocky Vacca, Sullivan Mahoney, and Michael Allen were representatives of the applicant. Council was provided the opportunity to ask questions of the agents. Meeting closed at 3:21 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio 1. That Council approve the Zoning By-law amendment as detailed in this report to permit the mixed use development of Building A at a height of 16 storeys and 57 metres providing 168 apartment dwelling units and Building B at a height of 14 storeys and 48 metres providing 286 apartment dwelling units, subject to the regulations outlined in this report, and with respect to parking such that: a. 15 parking spaces for car share are provided dispersed equally between the 3 buildings; and, b. the provision of indoor secured bicycle parking with allowance for storage of at least 1 bicycle per unit; and, c. the insertion of clauses in the amended site plan/condominium agreements that the applicant/owner provides a 10 -ride transit pass for each of the 889 dwelling units. Carried Unanimously 7.3. PBD -2022-62 AM -2022-016 Official Plan and Zoning By-law Amendment Application Bailey Avenue, at the eastern terminus of Avery Boulevard Part of Lot 15, Broken Front Concession, Niagara River, Part 1 59R-16038 Page 6 of 29 To apply a Special Policy Area designation to a portion of the property, and to zone a portion of the lands a site specific Rural zone under Zoning By-law No. 395, 1966 (Willoughby) to permit the severance of three 0.5 hectares parcels of land Applicant: 800460 Ontario Limited (Eric Henry) Agent: Matt Kernahan (Upper Canada Consultants) The public meeting commenced at 3:22PM. Julie Hannah, Planner 2, provided an overview of the report PBD -2022-62. Council was able to ask questions of Staff and Staff provided comments. 1 member of the public spoke to the application. • Jarrod Hunter, 3260 Avery Blvd., spoke in support of the development. Matt Kernahan, Upper Canada Consultants, made a presentation to Council. Meeting ended at 3:43PM. Moved by Councillor Chris Dabrowski Seconded by Councillor Wayne Thomson That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to apply a Special Policy Area designation to a portion of the property and to zone a portion of the lands a site specific Rural zone under Zoning By-law No. 395, 1966 (Willoughby), subject to the regulations outlined in this report, to permit the severance of three 0.5 hectares parcels of land. Carried Unanimously 7.4. PBD -2022-61 City Initiated Amendments to the Official Plan and Zoning By-laws 395 and 79-200 for new Employment Policies The public meeting commenced at 3:43PM. Kelly Martel, from Dillon Consulting, provided a presentation. Kira Dolch, Director of Planning and Brian Dick, Manager of Development, provided some additional comments. Council was able to ask questions and Staff provided responses. 7 members of the public spoke to this application: • John Ariens, IBI Group, agent for owner of 7702 Chippawa Creek Road, expressed desire to have land designated as prestige industrial. Page 7 of 29 • Dan Ramanko, Better Neighbourhoods, representative for 7047 Reixinger Road and 5789 Lyons Creek Road, requested deferal and stated that this is not the right site for employment lands. • Jeffrey Dreben, Global Development Group, 6515 McCleod Road, not supportive of the proposal. • Glenn Wellings, Wellings Planning Consultants Inc, as a representative of Cytec at 9304 McCleod Road not in favor of increased industrial lands. • Nancy Smith, agent of 8970 Stanley Ave., not in support of rules being changed part way through application process. • Kevin Jacobi, Canada BW Logistics concerned about the impact on his business and other surrounding businesses. • Rocky Vacca, Sullivan Mahoney, agent for 800460 Ontario Limited owner of property on Stanley Ave., in favor of the application. Council able to ask questions of Staff; and Staff provided responses. The meeting ended at 5:22PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell Recommendations: 1. That Council receive the public input presented at the second Public Meeting and the modification of policies as requested by Niagara Region. 2. That Staff forward the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79-200 and By-law 395, with any required modifications, to a future Council meeting for adoption. 3. That once adopted, the Official Plan Amendment #147 be forwarded to the Region for approval. Carried Unanimously Councillors Lococo and Pietrangelo declared a conflict. Moved by Councillor Chris Dabrowski Seconded by Councillor Wayne Campbell That Council waive procedure by-law to address item 8.11 of the agenda to be addressed at this point in the agenda. Carried Unanimously 8.11. PBD -2022-66 AM -2021-019, Official Plan and Zoning By-law Amendment Application 5613, 5631-5633 Victoria Avenue Revised Proposal: 35 Storey and 36 Storey Apartment and On -Street Dwellings on Shared Podium Applicant: Fugiel International Group Inc. Agent: Bousfields Inc. (David Falleta) Page 8 of 29 Moved by Councillor Wayne Thomson Seconded by Councillor Wayne Campbell Recommendations: 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary. 2. That Council approve the Official Plan and Zoning By-law amendments to exceed the 30 storey limit for a 35 storey and 36 storey apartment and on -street dwellings on the subject lands, subject to a parking rate of 1.03 parking spaces per dwelling unit, and subject to the regulations outlined in Staff report PBD -2022-12. 3. That the amending zoning by-law include a Holding (H) provision to require an updated wind study. 4. That the passage of the amending by-laws be conditional on the execution of a Section 37 agreement for the mixed use building on 5613, 5631-5633 Victoria Avenue to secure contributions for streetscape improvements on the abutting Victoria Avenue frontage and capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys and the subject lands merging in title. 5. That the Mayor and Clerk be authorized to execute the Section 37 agreement to the satisfaction of the City Solicitor. Carried Unanimously Councillor Kerrio declared a conflict 7.5. PBD -2022-056 AM -2021-021, Official Plan and Zoning By-law Amendment Application McLeoad Road, East of Alex Avenue (PIN: 644430357) Proposal: 55 Townhouse & 88 Apartment (Stacked Townhouse) Dwelling Units Applicant: 2737826 Ontario Inc. (Avondale Homes, represented by Arshpreet Sekhon) The meeting was Chaired by Councillor Pietrangelo. The public meeting commenced at 5:27PM. Alexa Cooper, Planner 2, provided an overview of the report PBD -2022-56. Members of Council were able to ask questions of presenter and staff provided comments. Zero members of the public spoke to this application. John Henricks, NPG Planning Solutions, spoke on behalf of their client. Public meeting ended at 5:37PM Moved by Councillor Wayne Thomson Page 9 of 29 Seconded by Councillor Chris Dabrowski Recommendations: 1. That Council approve the Official Plan amendment to place a Special Policy Area on the land to designate the land Residential with a maximum density of 75 UPH; 2. That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the construction of 55 townhouse and 88 apartment (stacked townhouse) dwelling units, for a total of 143 units; and, 3. That Council repeal By-law 2001-132 from the subject lands. Carried Unanimously Mayor Diodati was not present for vote 7.6. PBD -2022-64 AM -2022-005 Official Plan and Zoning By-law Amendment Application North-east corner of McLeod Road and Kalar Road Being Part 1, 59R-17155, Part of Stamford Township Lot 170 To permit 12 and 13 storey apartment buildings with 483 dwelling units and protect Significant Woodland and Provincially Significant Wetland (PSW) Applicant: The Butera Group Agent: Matt Kernahan (Upper Canada Consultants) The public meeting commenced at 5:38PM. Julie Hannah, Planner 2, provided an overview of the report PBD -2022-64. Members of Council were able to ask questions of Staff and Staff provided comments in response. Zero members of the public spoke to the application. Matt Kernahan, Upper Canada Consultants, represent the applicant and spoke to the application. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson That Council approve the Official Plan and Zoning By-law amendments as detailed in this report for 12 and 13 storey apartment buildings on the subject lands, in part, and the protection of Significant Woodland and Provincially Significant Wetland (PSW), in part, subject to the regulations outlined in this report. Page 10 of 29 Carried Unanimously h) Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council waive procedure by-law to address Public Meeting 7.8 prior to 7.7 as outlined on the agenda. Carried Unanimously 7.8. PBD -2022-60 Statutory Public Meeting Report Official Plan Amendment 149 Housing Policies Kelly Martel, from Dillon Consulting, will give a brief presentation to introduce the housing amendment. The public meeting commenced at 5:50PM Kelly Martel, from Dillon Consulting, gave a brief presentation to introduce the housing amendment. Council was able to ask questions of the presenter and Staff. Staff and the presenter provided responses. Zero members of the public spoke to the application. Public meeting ended at 6:30PM. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell Recommendations: 1. That Council receive the public input presented at the Public Meeting. 2. That Staff consider this public input and bring forward Official Plan Amendment 149: Housing Policies to a future meeting of Council for adoption. Carried Unanimously Councillor Lococo declared a conflict as it pertained to inclusionary zoning Downtown 7.7. PBD -2022-67 AM -2021-014, Official Plan and Zoning By-law Amendment Application 6880 Stanley Avenue To permit the development of a podium with a height of 3-5 storeys and 24 metres for tourist commercial uses, a mixed use building with a height of 45 storeys and 190 metres, a mixed use building with a height of 60 storeys and 225 metres, and a residential building with a height of 39 storeys and 145 metres, and to permit vacation rental units as apartment dwelling units. Page 11 of 29 Applicant: 2676555 Ontario Ltd., 2676557 Ontario Ltd., and 2676562 Ontario Ltd. Agent: 3Bridges Properties (Group) Corp. Inc. (Reg Coates) Julie Hannah, Planner 2, will provide an overview of the report PBD -2022- 67. The public meeting commenced at 6:31 PM. Julie Hannah, Planner 2, provided an overview of the report PBD -2022-67. Council was able to ask questions of Staff. Staff were able to provide responses to the questions Zero members of the public spoke to the application. Jeremy Tran, Planning Consultant from NPG Planning Solutions, provided comments regarding the application. Public meeting ended at 6:46PM Moved by Councillor Chris Dabrowski Seconded by Councillor Vince Kerrio 1. That Council approve the Official Plan and Zoning By-law amendment as detailed in this report to permit a podium with a height of 3-5 storeys and 24 metres for tourist commercial uses, a mixed use building with a height of 45 storeys and 190 metres, a mixed use building with a height of 60 storeys and 225 metres, and a residential building with a height of 39 storeys and 145 metres, and to permit vacation rental units as apartment dwelling units, subject to the regulations outlined in this report. 2. That the amending zoning by-law include a Holding (H) provision to require an updated wind study unless a satisfactory updated wind study is submitted and approved by Staff prior to the amending zoning by-law being presented to Council for approval. 3. That the site plan/condominium agreement include clause(s) that addresses any offsite servicing capacity issues at the sole cost to the development should the Development wish to advance ahead of any collective growth capacity infrastructure initiatives. 4. That the passage of the amending by-laws be conditional on the execution of a amendment to the existing Section 37 agreements to secure capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys. Carried Unanimously Page 12 of 29 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council waive the procedure by-law to address item 8.18 at this point of the meeting. Carried Unanimously 8. REPORTS 8.18. PBD -2022-48 Request for Council Resolution for A Minister's Zoning Order - 8656 Mountain Road and Lands on the South-West Corner of Mountain Road and Kalar Road Julia Redfearn and John Ariens from IBI Group on behalf of Hospitality Resorts Inc. and Walker Aggregates provided a presentation regarding the report. Council were able to ask questions of the presenters and Staff. Staff provided responses. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange Recommendation: That City Council support the requested Minister's Zoning Order (MZO) subject to the following conditions: 1. That the lands proposed for the golf course, inn and resort and vineyard at the south-east corner of Mountain Road and Kalar Road be zoned site- specific Agriculture (A-XXXX), the balance of the golf course be zoned site specific Agriculture (A-XXYY), and lands with natural heritage features and associated buffers be zoned site specific Environmental Protection Area (EPA-XXXY). 2. That the MZO contain conditions requiring the following studies, prior to development or site alteration: a. An Agricultural Impact Study; b. An Environmental Impact Study; c. A Municipal Servicing Study; d. A Transportation Impact Study; and e. An Archaeological Study. 3. That the MZO contain a condition allowing consideration of connecting the development into municipal infrastructure provided there is available servicing capacity beyond servicing requirements within the City's Urban Area Boundary until 2051, as identified in a municipal wide Master Servicing Plan. Page 13 of 29 1 4. That the MZO contain the other regulations outlined in this report. 5. That the Minister of Municipal Affairs be requested to add a further condition, requiring the applicant enter into a site plan agreement and/or development agreement that shall, among other matters, require the developer to obtain necessary technical feasibility approvals from the City, Region and Ministry of the Environment, Conservation and Parks for either private servicing or extension of municipal services at the applicant's cost. 6. That the City review in detail the draft by-law before submitting the final requested by-law to the Minister. Carried Councillors loannoni and Lococo opposed 8.1. CLK-2022-15 Fee Waiver Application - Niagara Falls International Marathon Inc. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Recommendations: That Council approve the Fee Waiver Application for: 1) Niagara Falls International Marathon - in the amount of $11,000.00, to waive the fees associated with the road closure costs (staffing and equipment) and for the charter fees for the transit vehicle request. 2) That Council acknowledge the out of budget expenditure (if approved, the fee waiver budget would be over -budget by $26,524.86) and to have Staff find a positive variance to help fund this budgetary overrun. Carried Unanimously 8.2. F-2022-31 Policies relating to sections 26.1 and 26.2 of the Development Charges Act, 1997, S.O. 1997, c. 27 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Recommendation: That Council adopt a policy regarding the timing of development charge calculation, installment payments, and interest accrual on development charge payments for the purposes of sections 26.1 and 26.2 of the Development Charges Act in the form attached at Appendix 1 of this report. Carried Unanimously 8.3. F-2022-41 2021 Water & Wastewater Budget to Actual Variance (unaudited) Page 14of29 Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio Recommendation: 1. That the 2021 Water & Wastewater Budget to Actual Variance report for the year ended December 31, 2021 be RECEIVED. Carried Unanimously 8.4. L-2022-05 Declare Surplus of Lands Park Street Road Allowance rear of 4650-4662 Bridge Street Moved by Councillor Wayne Campbell Seconded by Councillor Mike Strange Recommendations: 1. That in the event Council determines that it is in the public interest to do so, that the Park Street road allowance (located at the rear of 4650-4662 Bridge Street), hereinafter referred to as the "Subject Lands", as shown in blue on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the Mayor and City Clerk and City Solicitor, be authorized to take whatever steps necessary and sign whatever documents are required to carry out Recommendations 1 and 2 above. Carried Unanimously 8.5. MW -2022-45 2022 Tennis and Basketball Courts Improvements 2022-564-22 Contract Award Moved by Councillor Mike Strange Seconded by Councillor Vince Kerrio Recommendations: 1. That Council award the 2022 Tennis and Basketball Courts Improvements Contract 2022-564-22 to the lowest compliant bidder, D&R Landscape Group Inc. for $1,112,282.00 +HST. 2. That Council approve a 2022 capital budget amendment of $220,000 funded by Capital Special Purpose Reserves. 3. That the Mayor and Clerk be authorized to execute the necessary documents. Carried Unanimously 8.6. MW -2022-48 Dorchester Road Sewer Separation Cost Sharing Agreement Page 15 of 29 1 Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski Recommendations: 1. That Staff be directed to complete the Dorchester Road Sewer Separation Improvements in conjunction with cost sharing with the developments of Village on Dorchester (26CD-11-2021-003) and Dorchester Townhouses Development (26CD-11-2022-004). 2. That Council authorize a 2022 Capital Budget Amendment in the gross amount of $3,000,000 funded by a combination of Sewer Capital Special Purpose Reserves and developer contributions. 3. That the Mayor and City Clerk be authorized to execute all necessary Development/Cost Sharing agreements. Carried Unanimously 8.7. MW -2022-49 Chippawa Parkway - Speed Control Review Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio Recommendations: 1. That the speed control plan consisting of six (6) speed cushions on Chippawa Parkway between Thomas Street and Portage Road be approved; 2. Subject to budget approval, that the installation of temporary (rubber) speed cushions be installed until the permanent speed control devices can be incorporated as part of a future road rehabilitation project; and, 3. That the purchase of the temporary speed cushions be referred to the 2023 Capital Budget deliberations. Carried Unanimously 8.8. MW -2022-52 Canadian Corps of Commissionaires - Contract Renewal Moved by Councillor Wayne Campbell Seconded by Councillor Chris Dabrowski Recommendations: 1) That Council approve the contract extension for up to one (1) year with the Canadian Corps of Commissionaires (Hamilton) for the supply of Parking Control Services; and, 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. Carried Unanimously Page 16 of 29 8.9. PBD -2022-57 AM -2019-015, Official Plan and Zoning By-law Amendment Application Proposal: 72 Storey Mixed Use Building with Off -Site Parking Applicant: 6609 Stanley Nominee Inc. (Jeremia Rudan) Resolution to Deem Changes to a Proposed Zoning By-law to be Minor Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange Recommendation: 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 be minor in nature and that no further notice is necessary. Carried Unanimously 8.10. PBD -2022-58 AM -2022-002 Official Plan and Zoning By-law Amendment Minor Change to Zoning Regulation Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic) Agent: Bousfields Inc. (Evan Sugden) Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange Recommendations: 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary; and, 2. That Council approve the revision to the Zoning By-law amendment as detailed in this report. Carried Unanimously Councillor Pietrangelo declared a conflict of interest 8.12. PBD -2022-68 26T-11-2019-002 & AM -2019-007 Draft Plan of Subdivision and Zoning By-law Amendment 9234 Sodom Road and Part of Lot 19, Concession 2 Willoughby Applicant & Agent: Polocorp Inc. Comments were provided by the public and Polocorp Inc. Garry Beck expressed issues with development process and would like to keep condition #7 of the draft plan amendment. Matthew Warzecha, Polocorop, Inc., acting on behalf of applicant at 9234 Sodom Road, would like to remove or amended condition #7 of the draft plan. Moved by Councillor Mike Strange Page 17 of 29 Seconded by Councillor Chris Dabrowski Recommendations: 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 Subdivision be draft approved subject to the conditions in the attached Appendix A; 3. That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 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 Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor. Carried Councillor Lococo opposed 8.13. TS -2022-02 Sole Source Procurement - Onboard Camera Systems Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski Recommendations: 1. That Council approve the sole source procurement of an onboard camera system for the Niagara Falls Transit Services fleet(s) and support vehicles by Safe Fleet up to the project upset limit of $990,000, inclusive of non-recoverable HST; and 2. That the City of Niagara Falls use Provincial Transit -Dedicated Gas Tax to fund their portion of the Investing in Canada Infrastructure Program (ICIP) approved project up to the investment limit of $264,033 as per Report TS -2019-39 and per the 2021 Capital Budget as approved.. Carried Unanimously 8.14. TS -2022-03 Niagara Transit Commission: Establishment of Common Fare Structure & Policy Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski Recommendation: That Council receives for information the common Region -wide fare structure and policies adopted by the Niagara Transit Commission to become effective on January1, 2023 as established at their July 19, 2022 meeting. Page 18 of 29 Carried Unanimously 8.15. TS -2022-04 Investing in Canada Infrastructure Program (ICIP) Application — Sole Source Procurement for Replacement of Farebox Technology Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski Recommendations: 1. That Council approve the Investing in Canada Infrastructure Program (ICIP) project application for $1,950,300 for the replacement of fareboxes as set out in this report and that the City's portion (26.67%) totaling $520,730.10 be funded by Provincial Transit -Dedicated Gas tax. 2. That staff be authorized to procure fareboxes for fifteen (15) Regional buses operated by the City of Niagara Falls, to be funded wholly by Niagara Region, in the amount of $365,726 inclusive of non-rebateable HST. 3. That the Mayor and Clerk be authorized to execute the required agreements. Carried Unanimously 8.16. L-2022-06 Staff Request for Two (2) Special Council Meetings Moved by Councillor Vince Kerrio Seconded by Councillor Wayne Campbell Recommendation: That Council receive this report for information purposes. Carried Unanimously 8.17. CLK-2022-14 Request for Free Bus Fare for Eligible Electors for Advanced Voting Dates and Election Day for the October 2022 (Municipal and School Board Election) Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange Recommendation: THAT City of Niagara Falls Council approve free bus fare on Niagara Falls Transit Services to eligible electors who present their Voter Notification Cards on the schedule Advance Poll dates (October 1, 2, 7, 8, 14,15, 16, 2022) and Election Day (October 24, 2022). Carried Unanimously 8.19 F-2022-40 Capital Project Closing and Adjustments Report as at June 30, 2022 Moved by Councillor Vince Kerrio Seconded by Councillor Wayne Campbell Page 19 of 29 1 Recommendations: 1. That Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1; 2. That Council approve the closure of the projects listed in Attachment 1 and release any associated funding commitments; 3. That Council approve the recommendations outlined in Attachment 2 to facilitate funding swaps, capital budget amendments and the renaming/splitting of projects, including the hiring of a temporary Project Manager on an 18 month contract, funded by capital, to manage and facilitate the Wet Weather Management Study and Master Servicing Plans; 4. That Council receive and file Attachment 3 for information, containing an updated Annual Repayment Limit in support of debt funding approvals outlined in Attachment 2. Carried Unanimously 8.20. City of Niagara Falls Community Benefit Charge Strategy (follow-up from Public Meeting) Moved by Councillor Vince Kerrio Seconded by Councillor Wayne Campbell 1. That the 2022 City of Niagara Falls Community Benefit Charge (CBC) Strategy, included as Attachment 1, be approved; 2. That a dedicated obligatory Reserve Fund be established specifically for all collections of Community Benefit Charges; 3. That Council approve Staffs recommendation of Option 2 which provides discretionary exemptions for attainable housing; 4. That Council approve Staffs recommendation to fund all discretionary CBC exemptions (if applicable) from the City's operating budget to the dedicated CBC Reserve Fund; 5. That Council direct Staff to prepare the necessary CBC By -Law, inclusive of a CBC charge of 4% of land value for eligible developments in compliance with the Planning Act, R.S.O. 1990, and discretionary CBC exemptions as directed, to be referred to a special Council Meeting for approval. Carried Unanimously Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council waive the procedure by-law and reconsider report MW -2022-21 Carried Unanimously 8.21. MW -2022-21 Hendershot Boulevard — ParkWI% Contro\ Review Page 20 o% 29 Moved by Councillor Chris Dabrowski Seconded by Councillor Mike Strange Recommendations: That the existing on -street parking on Hendershot Boulevard between Garner Road and Tapestry Court be maintained, except that 'No Parking' corner restrictions be established on: 1. Both sides of Hendershot Boulevard between Garner Road and a point 22 metres west of Garner Road; 2. Both sides of Ironwood Street between Hendershot Boulevard and a point 22 metres north of Hendershot Boulevard; and 3. Restrict on street parking on north side of Hendershot between Garner Road and Tapestry Court. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK All items in Communications and comments of the City Clerk be passed in one motion of Council. Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio That Council approve/support items #10.1 to and including item #10.12. Carried Unanimously Councillor Pietrangelo was not present for the vote 10.1. Flag -Raising Request - Ukrainian Flag The Ukrainian Canadian Congress is requesting the City of Niagara Falls to raise the Ukrainian Flag on Wednesday, August 24, 2022 to show solidarity and to keep it raised until Monday, August 29, 2022. 10.2. Flag -Raising Request - United Way Niagara United Way Niagara is requesting a flag -raising ceremony on Tuesday, September 20, 2022 for a period of 2 weeks to kick-off their annual fundraising campaign. Each year, they strive to raise millions of dollars to help local people out of poverty. 10.3. Proclamation Request - Lung Cancer Awareness Month The Canadian Lung Cancer Screening Initiative is requesting the City of Niagara Falls to proclaim to declare November 2022 as Lung Cancer Awareness Month to raise awareness for lung cancer and lung cancer screening. 10.4. Proclamation Request - Child Care Worker & Early Childhood Educator Appreciation Day 2022 Page 21 of 29 Attached is a request for the Council of City of Niagara Falls to proclaim and participate in Child Care Worker & Early Childhood Educator Appreciation Day on Tuesday, October 18, 2022. This day recognizes the commitment, hard work and dedication of Registered Early Childhood Educators (RECEs) and staff who work with children. 10.5. Proclamation and Flag -Raising Request - National Polycystic Kidney Disease (PKD) Awareness Day The Polycystic Kidney Disease (PKD) Foundation is requesting the City of Niagara Falls proclaim Sunday, September 4, 2022 as National Polycystic Kidney Disease (PKD) Awareness Day and raise the "End PKD" flag in support. 10.6. Proclamation Request - Fire Prevention Week 2022 Fire Chief Jo Zambito is asking Council to approve the request to proclaim the week of October 9, 2022 to October 15, 2022 as "Fire Prevention Week." 10.7. Noise By-law Exemption and Special Occasion Permit Request - Night of Art Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent on September 22nd, 2022. This is the 11th year that the Niagara Falls Museums has hosted this event. The event is expected to attract 600-1000 audience members from across Southern Ontario and Western New York and will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region. The request is to have Council recognize this event as one of municipal significance in order to facilitate obtaining a Special Occasion Liquor License form AGCO. The Niagara Falls History Museum is also requesting Council to approve a noise by-law exemption to allow entertainment until 11:00 PM. 10.8. Memo from Planning Regarding: PLC -2022-013, Request for Removal of Part Lot Control Lot 15, Registered Plan No.82, Mulhern Subdivision 4608-4612 Lee Avenue Niagara Falls 10.9. Memo from Planning Regarding: PLC -2022-014, Request for Removal of Part Lot Control Lot 16, Registered Plan No. 82, Mulhern Subdivision 4590-4598 Lee Avenue, Niagara Falls 10.10 Memo from Planning Regarding: Page 22 of 29 PLC -2022-015, Request for Removal of Part Lot Control Blocks 107 & 108, Registered Plan 59M-484, Forestview Estates 7101-7129 & 7133-7149 Parsa Street 10.11. Flag -Raising Request - India's Independence Day - August 15 Raul Dudnic, resident, is requesting the City of Niagara Falls to raise the India's flag on Monday, August 15th, 2022 to celebrate India's Independence Day. 10.12. Proclamation and flag -Raising Request - Childhood Cancer Awareness 2022 Patti Bauer, is requesting the City of Niagara Falls proclaim September as Childhood Cancer Awareness month and raise a flag in support on September 2, 2022. 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK . All items in Communications and comments of the City Clerk be passed in one motion of Council. Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council receive and file for information items #11.1 to and including items #11.8. Carried Unanimously Councillor Pietrangelo was not present for the vote 11.1. Resolution - Township of Mulmur - Climate Emergency Attached is a resolution passed by the Council of the Township of Mulmur on July 6, 2022 regarding Climate Emergency. 11.2. Letter of Congratulations - from Greater Niagara Chamber of Commerce Attached is a letter from the Greater Niagara Chamber of Commerce congratulating the City of Niagara Falls being recognized in the Bestcities.org ranking as the fourth best small city in Canada to live, work and invest in. 11.3. ArriveCan at the Land Border - Letter from the Peace Bridge Authority Attached is a letter from the Peace Bridge Authority outlining comments and concerns pertaining to ArriveCan at the land borders. 11.4. Resolution - Town of Fort Erie - Ontario Building Code to Provide Municipalities with Greater Flexibility Attached is a resolution passed at the Municipal Council of the Town of Fort Erie at its meeting of June 27, 2022 regarding the Ontario Building Code. 11.5. Resolution - City of Brantford - Potential Threat to Residential Home Ownership - AMO Letter Please see the attached decision of Brantford City Council from the meeting held July 26, 2022. Page 23 of 29 11.6. Resolution - Town of Pelham - Cross Border Travel and ArriveCAN Please find attached the resolution endorsed by the Council of the Town of Pelham at their July 25, 2022 meeting. 11.7. Thank you letter from Premier of Ontario - South Niagara Hospital Premier Ford acknowledged letter sent from the City of Niagara Falls regarding the building of the new South Niagara Hospital. 11.8. 2019-2022 Strategic Priorities - Update Attached is a document entitled "2019-2022 Strategic Priorities Update", which outlines the accomplishments during this term of Council. 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK All items in Communications and comments of the City Clerk be passed in one motion of Council. Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange That Council refer to staff items #12.1 to and including item #12.5 Carried Unanimously 12.1. Request for Billboard - Victoria Avenue Domenic and Sara Sinicropi, own a number of properties on Victoria Avenue and is requesting permission to place a billboard at 5034 Victoria (corner of Armoury Street and Victoria Avenue). RECOMMENDATION: Refer to Staff. 12.2. Proposed Community Benefits Charge (CBC) By-law - Comments from Canadian Niagara Hotels Attached is a letter, dated August 3, 2022, regarding the City's proposed Community Benefits Charge By-law. RECOMMENDATION: Refer to Staff. 12.3. Proposed Community Benefits Charge (CBC) By-law - Comments from Bayfield Realty Advisors Attached is a letter to the Mayor and Council pertaining to the proposed Community Benefits Charge By-law. 12.4. Request for Dedicated Pickleball Courts Attached is a letter requesting pickleball courts in the City of Niagara Falls. RECOMMENDATION: Refer to Staff. 12.5. Correspondence from resident - State of Emergency on Mental Health, Homelessness and Addiction Steven Soos has attached an email relating to Council's recent motion to declare a state of emergency on mental health, homelessness and addiction. RECOMMENDATION: Refer to Staff Page 24 of 29 13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 13.1. Memo - CAO By-law Amendment An amendment to the CAO By-law 2007-210 appears on the agenda for Council's consideration. This amendment is a house -keeping item that will prepare Council and staff to better deal with any potential temporary vacancy issues, should they arise from time to time. Moved by Councillor Victor Pietrangelo Seconded by Councillor Vince Kerrio RECOMMENDATION - That Council receive this memo for information and pass the corresponding by-law on today's agenda. Carried Unanimously 14. RESOLUTIONS 14.1. Resolution to Council AM -2021-019 To deem changes minor Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law amendment application minor and exempts the requirement for further written notice. Carried Unanimously 14.2. Resolution to Council AM -2022-002 Official Plan and Zoning By-law Amendment Minor Change to Zoning Regulation Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic) Agent: Bousfields Inc. (Evan Sugden) Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law amendment application minor and exempts the requirement for further written notice. Carried Unanimously Councillor Pietrangelo declared a conflict of interest 14.3. Resolution to Council AM -2019-005 Page 25 of 29 Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to the zoning by-law minor and exempts the requirement for further written notice. Carried Unanimously 14.4. Resolution to Council Request for Council Resolution for A Minister's Zoning Order - 8656 Mountain Road and Lands on the South-West Corner of Mountain Road and Kalar Road That the Council of the City of Niagara Falls supports the requested Ministry's Zoning Order. Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange That the Council of the City of Niagara Falls supports the requested Ministry's Zoning Order. Carried Councillors loannoni and Lococo opposed 15. RATIFICATION OF IN -CAMERA That Council approve the retention of Paul DeMelo and Kagan Shastri LLP to represent the interest of the Corporation with respect to AM -2020-018 Official Plan and Zoning By-law Amendment Application at 5500 Marineland Parkway and Lands to the north and Adjacent to 5500 Marineland Parkway; and That Staff are directed to facilitate in the matter. 16. NOTICE OF MOTION/NEW BUSINESS 17. BY-LAWS 2018- A By-law to provide for drainage works in the City of Niagara Falls, in 88. the Regional Municipality of Niagara, known as the Boyer's Creek Municipal Drain. 18. BY-LAWS 2022- A by-law to amend By-law No. 2007-210, being a by-law to define, limit and 082. determine the duties and responsibilities of the Chief Administrative Officer. 2022- A by-law to enter into an agreement with the Ministry of Infrastructure related 083. to the provincial Transfer Payment Agreement for Investing in Canada Infrastructure Program (IC1P) Green Stream. Page 26 of 29 2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking 084. and traffic on City Roads. (Parking Prohibited) 2022- A by-law to amend By-law No. 89-2000, being a by-law to regulate parking 085. and traffic on City Roads. (Parking Prohibited) 2022- A by-law to authorize the execution of a Section 37 Agreement with 6609 086. Stanley Nominee Inc. pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by 6609 Stanley Nominee Inc. in return for an amendment to By-law No. 79-200 for an increase in height to allow the development of a mixed use residential/hotel building with a maximum building height of 255 metres and 72 storeys, on lands owned by 6609 Stanley Nominee Inc. and located on Stanley Avenue, in the City of Niagara Falls. 2022- A by-law to provide for the adoption of Amendment No. 148 to the City of 087. Niagara Falls Official Plan (AM -2022-002). 2022- A by-law to designate Lot 15, Registered Plan No. 82, not to be subject to 089. part -lot control (PLC -2022-013). 2022- A by-law to adopt, ratify and confirm the actions of City Council at its meeting 096. held on the 9th day of August, 2022. 2022- A by-law to designate Lot 16, Registered Plan No. 82, not to be subject to 090. part -lot control (PLC -2022-014). 2022- A by-law to designate Blocks 107 & 108, Registered Plan 59M-484, not to be 091. subject to part -lot control (PLC -2022-015). 2022- A by-law to provide for the adoption of Amendment No. 135 to the City of 092. Niagara Falls Official Plan (AM -2019-015). 2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for 26 088. semi-detached dwelling units, 109 townhouse dwelling units, and 140 apartment (stacked townhouse) dwelling units subject to the removal of a holding (H) symbol (AM -2022-002). 2022- A by-law to amend By-law No. 79-200 to permit the construction of a mixed 093. use building of up to 72 storeys subject to the removal of a holding (H) provision, to permit a portion of the required parking to be provided off-site, and to repeal By-law No. 2000-153 (AM -2019-015). 2022- A by-law to amend By-law No. 79-200, to introduce new definitions and 093. regulatory provisions for a community garden (AM -2022-003). 2022- A by-law to amend By-law No. 79-200, to introduce new definitions and 095. regulatory provisions (AM -2022-003). Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That the by-laws be read a first, second and third time and passed this 9th day of August, 2022. Carried Unanimously Councillor Kerrio not present for vote Page 27 of 29 1 19. NEW BUSINESS 19.1 Councillor Lococo expressed concern regarding the increase in Vacation Rental Units and their impact on housing and housing stock within the municipality. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell That Council waive the procedure by-law to bypass the wait time of a notice of motion from a member of Council, and That Staff prepare a report regarding Vacation Rental Units and how they affect housing stock. Carried Councillor Dabrowski and Thompson were opposed 19.2. Councillor Thompson expressed the concerns on behalf of the Knights of Columbus and their property taxes. Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council waive the procedure by-law to by-pass the wait time of a notice of motion, and That Staff look into Knights of Columbus receive a Not For Profit designation to abstain from property tax obligations. Carried Unanimously 20. ADJOURNMENT 20.1 Adjournment Moved by Councillor Chris Dabrowski Seconded by Councillor Victor Pietrangelo That Council adjourn this regular meeting of Council of August 9, 2022 at 8:16PM Carried Unanimously Councillor Kerrio was not present for the vote .),.,_,"-/-- ayor Page 28 of 29 1 Page 29 of 29