City Council

That Council entered In-Camera session at 1:05PM.

That Council approve the minutes of the July 12, 2022 meeting as presented.

That Council receive the Vacation Rental unit presentation by Gerald Spencer, Manager of Municipal Enforcement Services.

That Council approve recommendations in items 9.1-9.11 of the Consent Agenda.

Recommendations: 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. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 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; 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; 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 That interested residents be included in the vacant land of condominium process.

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: 15 parking spaces for car share are provided dispersed equally between the 3 buildings; and, the provision of indoor secured bicycle parking with allowance for storage of at least 1 bicycle per unit; and, 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.

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.

Recommendations: That Council receive the public input presented at the second Public Meeting and the modification of policies as requested by Niagara Region. 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. That once adopted, the Official Plan Amendment #147 be forwarded to the Region for approval.

That Council waive procedure by-law to address item 8.11 of the agenda to be addressed at this point in the agenda.

Recommendations: 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. 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. That the amending zoning by-law include a Holding (H) provision to require an updated wind study. 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. That the Mayor and Clerk be authorized to execute the Section 37 agreement to the satisfaction of the City Solicitor.

Recommendations: 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; 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, That Council repeal By-law 2001-132 from the subject lands.

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.

THAT Council waive procedure by-law to address Public Meeting 7.8 prior to 7.7 as outlined on the agenda.

Recommendations: That Council receive the public input presented at the Public Meeting. That Staff consider this public input and bring forward Official Plan Amendment 149: Housing Policies to a future meeting of Council for adoption.

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. 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. 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. 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.

That Council waive the procedure by-law to address item 8.18 at this point of the meeting.

Recommendation: That City Council support the requested Minister's Zoning Order (MZO) subject to the following conditions: 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). That the MZO contain conditions requiring the following studies, prior to development or site alteration: An Agricultural Impact Study; An Environmental Impact Study; A Municipal Servicing Study; A Transportation Impact Study; and An Archaeological Study. 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. That the MZO contain the other regulations outlined in this report. 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 ser

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.

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.

Recommendation: That the 2021 Water & Wastewater Budget to Actual Variance report for the year ended December 31, 2021 be RECEIVED.

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

Recommendations: 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. That Council approve a 2022 capital budget amendment of $220,000 funded by Capital Special Purpose Reserves. That the Mayor and Clerk be authorized to execute the necessary documents.

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.

Recommendations: That the speed control plan consisting of six (6) speed cushions on Chippawa Parkway between Thomas Street and Portage Road be approved; 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, That the purchase of the temporary speed cushions be

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.

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.

Recommendations: 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, That Council approve the revision to the Zoning By-law amendment as detailed in this report.

Recommendations: That the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report; That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 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; 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, 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.

Recommendations: 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 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..

Recommendation: That Council receives for information the common Region-wide fare structure and policies adopted by the Niagara Transit Commission to become effective on January 1, 2023 as established at their July 19, 2022 meeting.

Recommendations: 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. 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. That the Mayor and Clerk be authorized to execute the required agreements.

Recommendation: That Council receive this report for information purposes.

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).

Recommendations: That Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1; That Council approve the closure of the projects listed in Attachment 1 and release any associated funding commitments; 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; 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.

That the 2022 City of Niagara Falls Community Benefit Charge (CBC) Strategy, included as Attachment 1, be approved; That a dedicated obligatory Reserve Fund be established specifically for all collections of Community Benefit Charges; That Council approve Staff's recommendation of Option 2 which provides discretionary exemptions for attainable housing; That Council approve Staff's recommendation to fund all discretionary CBC exemptions (if applicable) from the City's operating budget to the dedicated CBC Reserve Fund; 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

That Council waive the procedure by-law and reconsider report MW-2022-21

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: Both sides of Hendershot Boulevard between Garner Road and a point 22 metres west of Garner Road; Both sides of Ironwood Street between Hendershot Boulevard and a point 22 metres north of Hendershot Boulevard; and Restrict on street parking on north side of Hendershot between Garner Road and Tapestry Court.

That Council approve/support items #10.1 to and including item #10.12.

That Council receive and file for information items #11.1 to and including items #11.8.

That Council refer to staff items #12.1 to and including item #12.5

RECOMMENDATION - That Council receive this memo for information and pass the corresponding by-law on today’s agenda.

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.

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.

That the Council of the City of Niagara Falls supports the requested Ministry’s Zoning Order.

That the by-laws be read a first, second and third time and passed this 9th day of August, 2022.

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.

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.

That Council adjourn this regular meeting of Council of August 9, 2022 at 8:16PM