City Council

THAT Council approve the minutes of the November 14, 2023.

THAT Council approve the minutes of the November 28, 2023 (Special Council Meeting - Budget).

1. THAT Council of the City of Niagara Falls receive report PBD-2023-83 and renew a 5-year single source contractual agreement with the City of Niagara Falls SPCA and Humane Society. 2. THAT Council delegate the CAO and the City Solicitor to finalize and sign a contract under the general economic terms outlined in this report. 3. THAT additional information pertaining to the SPCA be added to our website to provide education to the public.

Council approve the recommendations contained in the Planning Services Fee Study; and That Council approve an additional 3% increase in fees for 2024 to reflect the cost of living increase.

THAT Council RECEIVE the 2024 Mayor's Proposed Draft 2024 Water and Wastewater budgets with revenues and expenses totaling $27,941,206.00 and $33,812,027.00 respectively. THAT Council APPROVE the use of reserve funding as outlined in Attachment 5. THAT Council makes amendments (if any) to the Mayor's Proposed Draft 2024 Water and Wastewater budgets, by way of resolution, during this regular meeting of Council (December 12, 2023); and FURTHER, should Council be satisfied all possible amendments have been considered, that by way of resolution, Council shorten the 30 day review period, allowed under the Strong Mayors Act, by 25 days, such that the review period ends on December 12, 2023; and If no amendments have been made and recommendation #4 has been approved to shorten the review period, then the budget will be deemed adopted (i.e. approved) as of December 12, 2023.

THAT Council enter into an In-Camera session for January 15, 2024.

THAT Council enter into an In-Camera session for December 12, 2023.

THAT Report CAO-2023-07 be

THAT the Schedule of Fees, as presented in the attached schedule, BE APPROVED with fees effective January 1, 2024. And, THAT staff report back throughout the year with further amendments to the Schedule of Fees, as required, stemming from ongoing fee study's being performed in various departments.

THAT the Annual Repayment Limit (ARL) in Attachment 3 and Revised Annual Repayment Limit (ARL) in Attachment 5 , BE RECEIVED for information; THAT the debt swaps proposed in Attachment 1, to reduce the City’s debt obligations for projects less than $1M, BE APPROVED . THAT the debt financing outlined in Attachment 2, per the 2024 Capital Budget BE RECEIVED ; THAT the revised debt financing in Attachment 4, inclusive of proposed debt swaps, BE

THAT Council receive and file report FIR-2023-03.

THAT Council receive this report for information purposes; THAT Council approve and enact the Non-Parking Administrative Monetary Penalties By-law attached at Appendix 1 to this Report (hereinafter

THAT Niagara Falls City Council authorize Staff to extend the contract with Ontario Utility Locates Inc. of Niagara Falls, Ontario for six months for the provision of Public Utility Locating Services for City-owned water, wastewater, storm sewer and streetlighting infrastructure as required by Provincial Legislation.

1. That the Draft Plan of Condominium for vacant land located on Dorchester Road, south of Sunrise Court be draft approved subject to the draft plan conditions in Appendix A; 2. 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; 3. 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 4. 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.

That the Draft Plan of Vacant Land Condominium for 5500 Marineland Parkway and abutting vacant lands be draft approved, subject to the conditions contained in Appendix A; 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; That Draft Plan approval be given for three years, after which approval will lapse unless an extension is requested by the Owner/Developer and granted by Council; and, That the Mayor and City Clerk be authorized to execute the Condominium Agreement(s) and any required documents to allow for the future registration of the Condominium(s) when all matters are addressed to the satisfaction of the City Solicitor.

THAT the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 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 filed with the Clerk; 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 Vacant Land of Condominium Agreement and any required documents to allow for the future registration of the Vacant Land of Condominium when all matters are addressed to the satisfaction of the City Solicitor.

THAT, in the absence of an adopted 2024 Tax Levy Supported Operating Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments’ expenditure budget of the prior year.

THAT Council approve the amendments to the By-law respecting sick leave, pensions and other benefits for non-union employees.

THAT City Council formally assume Warren Woods Phase 5 Stages 1 & 2 (Plan 59M-463), Winzen (Plan 59M-474), and Chippawa West Phase 2 Stage 3 (Plan 59M-426) subdivisions.

THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, in part and an Environmental Protection Area (EPA) zone, in part, to allow for the development of 44 townhouse dwelling units in 9 blocks, together with 1 detached and 2 semi-detached dwellings, subject to the regulations outlined in this report.

THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, in part, to allow for the development of 9 townhouse dwelling units in 2 blocks, together with 2 detached dwellings and a site-specific Residential 1E Density (R1E) zone, in part, for a detached dwelling, subject to the regulations outlined in this report.

THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to allow for the development of 6 townhouse dwelling units in 1 block, together with a semi-detached dwelling, subject to the regulations outlined in this report.

THAT Council approve the Zoning By-law amendment to rezone the property,a site-specific Residential Apartment 5C Density (R5C) zone to allow for the development of 43 apartment dwelling units in 3 stacked townhouse dwellings with surfaced parking and garages, subject to the regulations outlined in this report.

THAT Council approve a Zoning By-law amendment to rezone the subject lands (north of Lyon’s Parkway, between Ort Road and Lyon’s Creek, partially known municipally as 4949 Lyon’s Parkway) to a Residential 1C Density (R1C) Zone, in part, a site specific Residential 1C Density (R1C-XX) Zone, in part, and an Environmental Protection Area (EPA) Zone, in part, to permit 3 detached dwelling units and facilitate conditionally approved consent applications B-2023-002, B-2023-003 and B-2023-004, subject to Staff recommendations as outlined in this report.

THAT Council approve the Zoning By-law amendment as modified in this report to rezone the property to a site specific Residential Two (R2) zone to permit the construction of a semi-detached dwelling, subject to the regulations outlined in this report, and subject to requiring a minimum 1.5 metres projection of the porch in front of the attached garages.

THAT Council approve the Official Plan and Zoning by-law Amendment as modified in this report to permit 87 dwelling units within two existing buildings, subject to the regulations outlined in this report and THAT staff reassess after one (1) year to determine if three (3) additional parking stalls are required.

THAT the attached by-law will be approved regarding an amendment to Council's Procedural by-law, with respect to the yearly Schedule of Meetings, keeping the start time of Council meetings at 4:00 PM.

THAT Council appoint Janet Jessop to the Niagara Transit Commission Public Advisory Committee.

THAT Council proclaim the month of December 2023 as "Lung Cancer Awareness Month."

THAT Council support the resolution from the Township of Perry regarding a call for an Amendment to the Legislation Act, 2006.

THAT Council support the resolution from the Town of Fort Erie regarding Bill C-310 Amendments - Firefighting and Search and Rescue.

THAT Council approve a flag-raising ceremony on Monday, March 4, 2024 to recognize Bulgaria's National Day.

THAT Council endorse the recommendations as stated in the letter sent from Mayor Diodati to Minister Calandra.

THAT Council refer to staff the request from the Redeemer Bible Church to provide guidance and suggestions regarding setting up a daycare program.

THAT Council declare the 2024 2nd Annual Niagara I Heart Beer & Taco Festival as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO.

1. THAT if Council accepts the offer to purchase 4621 St. Clair Avenue, for $150,000.00 plus H.S.T., subject to adjustments, if necessary. 2.THAT a condition form part of the terms of the Agreement of Purchase and Sale that the purchaser must obtain a building permit and commence building by the end of 2026, failing which, the property will be returned to the City. 3.THAT the City Solicitor and the Chief Administrative Officer, or their designate, is authorized to execute all documentation and take whatever steps necessary to carry out Recommendation 1 and complete the transaction and; THAT Council delegate its powers pursuant to Section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (“Municipal Act”) to each of the Chief Administrative Officer, the Treasurer, and the City Solicitor to take any step or action necessary, including the undertaking of litigation steps and strategies, and giving instructions to external counsel, with respect to an Assessment Review Board appeal.

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

THAT Council adjourn the meeting at 7:59 PM.