City Council

THAT Council enter into an In-Camera session.

THAT Council approve the minutes of the May 30, 2023 meeting as presented.

THAT Council receive the presentation by Amelia Upper.

1. THAT the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report; 2. THAT the amending zoning by-law include a Holding (H) provision to require to the satisfaction of the City and Niagara Region:  The "Compatibility/Mitigation Study-Air Quality, Noise and Vibration" prepared by SLR Consulting (Canada) Ltd. (dated March 23, 2022), as well as any subsequent revisions thereto, be approved by Niagara Region and City;  The approval of City Official Plan Amendment 147 by the Regional Municipality of Niagara and the Amendment going into force and effect;  Any development on the subject lands shall conform to the policies of Official Plan Amendment 147, including any resulting modifications; and,  The implementation of any mitigation measures as required by the approved Land Compatibility- Air Quality, Noise and Vibration Study, all to the satisfaction of the City and Niagara Region; 3. THAT the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 4. THAT the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 5. 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; 6. THAT draft approval be given for three years, after which approval will lapse un

That Council approve a Special Policy Area Official Plan Amendment for a maximum density of 147 units per hectare and site specific Zoning By-law amendment as detailed in this report for a 5 storey apartment building with 50 dwelling units.

THAT Council approve the Official Plan and Zoning By-law amendment to permit an 8 storey apartment building, a 13 storey apartment building, and ten 3 storey block townhouses with a density of 150 units per hectare on the subject lands. THAT the amending zoning by-law include a Holding (H) provision to require the submission of an updated Wind Study (with wind tunnel modelling), tree compensation agreement at a ratio of 2 trees for every 1 tree removed, an updated Traffic Impact Study, an updated Phase 1 and a Phase 2 Environmental Site Assessment and Record of Site Condition, if required, and an updated Noise Study to the satisfaction of the Niagara Region and the City. AND FURTHER THAT staff deem the requested requirement of a maximum of 52 surface parking spaces excluding the required parking spaces for townhouse dwellings in addition to the required 1.25 parking spaces per dwelling unit to be minor and that no further public notice is required under the Planning Act.

THAT Council make a motion to defer any electoral review until the province concludes their current governance process with our municipality. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Ruth-Ann Nieuwesteeg, and Councillor Mona Patel Nays: Councillor Lori Lococo and Councillor Tony Baldinelli

THAT Council consider approving, approving in part or denying the Fee Waiver Applications received for the June 20, 2023 submission date, listed as follows: Chippawa Volunteer Firefighter's Association - SPN Slo-Pitch Championships - in the amount of $4,112.10 for the waiving of the costs associated with the floor rental at the Chippawa Willoughby Arena. Chippawa Volunteer Firefighter's Association - Chippawa Volunteer Firefighters Slo- Pitch Tournament - in the amount of $665.44 for the waiving of the costs associated with the baseball diamond rental at Chippawa Lion's Park and Patrick Cummings Park. Niagara Children's Centre - Plasma Car Race - in the amount of $342.68 for the waiving of the costs associated with the arena floor rental.

THAT Council approve the cancellation, reduction or refund of taxes on the various roll numbers per the attached summary and granted to the property owners listed.

THAT Council approve the 2023-2024 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE).

THAT - Council authorize staff to proceed with the design and construction of 48 paved spaces including lighting and drainage improvements to the south parking lot at John N Allan Park at budgeted cost of $320,000.00; and further. THAT - Council approve a 2023 Capital Budget Amendment to create Project P140-23 for John N Allan Park Parking Lot Improvements with total budget of $320,000 (inclusive of non-recoverable HST) funded from the OLG Reserve.

THAT Council defer the motion as presented.

THAT Council enter into an In-Camera session at 8:32 PM to seek legal advice.

In the event that Council determines that it is in the public interest to do so, that part of Morningstar Road Allowance, between Sodom Road and Ort Road, north of Baker Road (the "Subject Lands"), as shown in blue on the map attached as Schedule "A", be permanently closed and declared surplus to the City's needs. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. That the City Solicitor and Chief Administrative Officer, or their designate, be authorized to execute all other documentation and take whatever steps necessary to carry out Recommendations 1 and 2.

THAT Council grant a 1-year extension to draft plan approval of condominium (vacant land) with a new lapsing date of July 11th, 2024.

THAT the Code of Conduct be updated to reflect a mediation process.

THAT the Code of Conduct be updated to reflect the authority for the Integrity Commissioner to investigate members of local boards and to offer applicable training to the board members.

THAT the Code of Conduct be updated to reflect that complaints may only be received by residents of Niagara Falls.

THAT the Code of Conduct be updated to reflect a mechanism for Integrity Commissioner to be able to reach out to complainants to clarify or ask for additional information.

THAT the Code of Conduct be updated to reflect the $500.00 fee to continue as part of the City's Code of Conduct.

THAT the Code of Conduct be updated to reflect that Council also has the authority to remove any member from any appointed boards, committees and commissions and to adopt the suggested changes to the City's Code of Conduct as proposed by staff.

THAT staff be DIRECTED to develop a public process to solicit competitive bids for a joint venture partner to provide a housing development with affordable and attainable units at 4500 Park Street. THAT Council SUPPORT in principal the contribution of land located at 4500 Park Street to a joint venture arrangement subject to Council approval of terms in the joint venture agreement with the successful RFP proponent.

THAT Council consider revising the current committee name (Diversity and Inclusion Advisory Committee), to Diversity, Equity and Inclusion Advisory Committee.

THAT Council receive the Quarter 1 Development and Housing Monitoring Report that reviews the status of current development and housing activity in the City for the first quarter of 2023. THAT Council direct staff to forward the housing information to the Province as requested.

THAT Council approve/support Item #10.1 through to and including Item #11.4.

THAT Council receive and file for information Item #12.1 through to and including Item #12.3.

THAT Council approve the extension of the noise by-law exemption on Saturday, October 12, 2024 to allow for outdoor music from 2:00 PM to 1:00 AM at 5041 River Road in Niagara Falls, for an outdoor wedding.

THAT Council refer this petition to Staff for review in accordance with the Drainage Act, AND THAT Staff report back at the next Council meeting.

THAT Council approve the noise by-law exemptions for Taps Brewing Company for the following events: -Super Heros of Autism Talent Showcase on June 25, 2023 from 11 AM to 11 PM. -One Big Day Music Festival with Innvitico (supported by Niagara Falls Cultural Grant) on July 22, 2023 from noon to midnight. -Rise Against Bullying fundraiser with Just Preston (who was just at the City's Pride flag event) on July 29, 2023 from 11 AM to 9 PM.

THAT Council approve the 2023 budget for the Lundy's Lane BIA.

THAT Council approve the 2023 budget for the Clifton Hill BIA.

THAT Council approve the motion that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law minor and exempts the requirement for further written notice as outlined in Resolution No. 7 - AM-2023-007.

THAT Council pass a resolution to hold a closed meeting on Tuesday, July 11, 2023 at 11:00 AM to deal with a personal matter as per Section 239 (2) (b) of the Municipal Act regarding the CAO, AND THAT the Director of Human Resources be appointed as Acting City Clerk for the purpose of this meeting.

THAT staff present the Senior Tax Relief program to the Senior’s Advisory Committee and to undertake a public input session by September 2023 and to report back recommendations to Council on October 3, 2023.

THAT the City of Niagara Falls Council request a review of the transit operations from the Region after one (1) year, and further to provide an explanation including rural residents in the regional transit charges.

THAT Council direct staff to send a resolution to the Province asking for an increase on the Ontario Senior Homeowners' Property Tax Grant (OSHPTG) to reflect the current cost of living.

THAT the City of Niagara Falls Council ask the Regional Transportation Department to review intersection sight lines in the city, pertaining to advertisements on bus stops.

THAT Council extend the curfew of 10:00 PM to continue with the open Council meeting.

THAT the by-laws be read a first, second and third time and passed.

THAT Council adjourn the meeting at 10:25 PM.