2012/09/25THIRTEENTH MEETING
REGULAR COUNCIL MEETING
September 25, 2012
Council met for the purpose of considering Regular Business matters in Council
Chambers at 6:30 p.m. All members of Council except Councillor loannoni were present.
Councillor Thomson offered the Opening Prayer.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
No disclosures.
PRESENTATIONS/ DEPUTATIONS
Jay Cochrane
Mayor Diodati honoured Jay Cochrane "Prince of the Air" for his commitment and
hard work in raising money for charity. Mr. Cochrane presented Tender Wishes and the
Boys & Girls Club with cheques.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the plaque provided by Jay Cochrane be placed up in the Niagara Falls Historical
Museum.
Carried Unanimously
Age - Friendly Community Initiative
Doug Rapelje, Niagara Age - Friendly Community Initiative Management Committee
and Virginia Stewart, Community Coordinator, made a brief presentation to Council about
the Region's Age - Friendly Community Initiative.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that Council receive the presentation, that the City of Niagara Falls staff be encouraged to
engage in age - friendly events to learn more about age - friendly and contribute to the
process; and, further that the information regarding age - friendly be forwarded to the City
of Niagara Falls Mayor's Disability Advisory Committee and other Committees that consider
the interest of older adults.
Carried Unanimously
CAn
Michelle Marcotte, Community Artists Niagara, spoke to Council regarding the
organization's lack of gallery space and the need for a visual arts centre, ideally located
in on Queen Street.
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September 25, 2012
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that Council receive the presentation and await staff's report.
Carried Unanimously
PLANNING MATTERS
PD- 2012 -56 - Official Plan Amendment No. 99, Garner South Secondary Plan
The Director of Planning reviewed the recommendations and provided the following
information.
Background
The Garner South Secondary Plan (GSSP) is a detailed land use plan that will guide the
development of the lands within the Plan area over the next 10 -15 years.
Area statistics:
► Gross Area: 225 ha
► Population: 6,390 people
► Number of dwelling units: 2,700
► Number of jobs: 2,005
The Plan was designed to conform with the Growth Plan for the Greater Golden Horseshoe
to create a complete community with a mix of uses and housing types.
On October 24, 2011, a public meeting was held to receive comments on the Official Plan
Amendment No. 99, Garner South Secondary Plan. Since then, staff have been in
discussion with various landowners, reviewed all of the comments and made appropriate
modifications to address the concerns.
Comments
Cytec requested:
Building height policies of OPA No. 82 affecting the lands north of Brown Road be
incorporated into Secondary Plan
► Comments have been discussed with Cytec and Warren Woods Land Development
Corp. Agreement has been reached and revisions to Plan made.
Deletion of multiple housing types as permitted uses within the Residential Low Density
designation
► Revisions made
Removal of the Residential block that straddles the 2 km arc.
► Designation of the portion of the block that lies within the 2km Cytec arc has been
changed to Neighbourhood Commercial.
Add wording to remove gathering places to be outside and away from the 2 km Cytec arc.
► Suggested wording was included.
Add wording for submission of emergency plan and evacuation protocol for seniors
residences as part of development approvals.
► Suggested wording was included.
Refine policy regarding location of any additional high density housing.
► Suggested wording was included.
Additional wording was suggested to clarify the process for the Thompson's Creek
Subwatershed Plan respecting Cytec's ownership of the creek.
► Existing wording to remain however, other policy and schedule modifications were
made to address the issue.
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September 25, 2012
Inclusion of lands within the Built Area Boundary and the Greenfield Density calculation.
► After review with stakeholder, they were satisfied with the calculation
Requested deletion of policy that prohibits conversion of east precinct employment lands
to non - employment uses
► After review with stakeholder they were satisfied with the policies.
Inclusion of places of worship under the Neighbourhood Commercial designation — Places
of worship not to be included.
Clarification of requirement for 60% of the eastern precinct to develop with employment
uses prior to establishment of any live /work use.
► After review with stakeholder, they were satisfied with policy calculation of the 60%
being based on land area.
Increase in building height of live /work units within the eastern precinct to three storeys
► Modification made
An exemption to policies regarding storm water management to allow for a storm pond to
be located on EPA lands.
► Modification made.
Wording be added regarding the allocation of the cost of road works to the developer if not
covered by Development Charges.
Modification to Concept Plan to show additional medium density lands on the west side of
Kalar Rd.
► Modification made.
Modification to Phasing Plan to more accurately reflect the progression of development.
► Modification made.
Pietro Paolo Muraca:
Concerns regarding the extent of natural heritage features affecting his lands.
► Mr. Muraca has been put in contact with the Ministry of Natural Resources in order
to resolve his concerns about Provincially Significant Wetlands.
Robert Miller, Planning Consultant:
Concerns regarding the requirements of Thompson's Creek Subwatershed and Master
Drainage Plan.
► Revisions made to the text and a new figure introduced.
Conclusion
On October 24, 2011, a public meeting was held to receive comments on the Official Plan
Amendment No. 99, the Garner South Secondary Plan (GSSP). Since then, staff have
been in discussion with various landowners, have reviewed all of the comments received
and made appropriate modifications to address the concerns.
The Garner South Secondary Plan is being recommended for adoption.
The GSSP is a detailed land use plan that will guide the development of the lands within
the Plan Area over the next 10 -15 years. It has been prepared to conform with the Growth
Plan for the Greater Golden Horseshoe in terms of overall density and by providing a mix
of uses and housing types so as to create a complete community.
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September 25, 2012
Recommendation
It is recommended that Council adopt Official Plan Amendment No. 99 being the Garner
South Secondary Plan and that it be forwarded to the Region for approval.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Gates, seconded by Councillor Wing that
the report be deferred.
Motion Defeated
with Councillors Kerrio, Maves, Pietrangelo and Thomson opposed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that the report be approved as recommended.
Motion Carried
with Councillors Morocco and Gates opposed.
ORDERED on the motion of Councillor Maves, seconded by Councillor Thomson
that staff come back with a report on the Ministry of Natural Resources determination of
wetlands and that staff prepare an appropriate resolution to the Province.
Carried Unanimously
PD- 2012 -55 -AM- 2012 -007, Zoning By-Iaw Amendment Application, 7549 Kalar Road.
Applicant: 2124484 Ontario Ltd. ( Bob O'Dell) Agent: Jennifer Vida, Upper Canada
Consulting. Proposed Apartment Buildings.
The Director of Planning reviewed the recommendations and provided the following
information.
Background
A Zoning By -law amendment is requested for 1 ha (2.5 ac) parcel of land to permit the land
to be developed with two, three storey apartment buildings containing a total of 88 dwelling
units.
The land is currently zoned Development Holding (DH) in accordance with Zoning By -law
79 -200 which permits existing uses and a detached dwelling.
The applicant is requesting the zoning to be changed to Residential Apartment 5C (R5C)
with site specific regulations addressing lot area, lot frontage, building setback, lot
coverage, landscaped open space coverage, building height, parking requirements and the
construction of two apartment buildings on one lot.
Planning Analysis
PROVINCIAL POLICY STATEMENT AND GROWTH PLAN
The subject lands located in a Greenfield area.
Density of 53 persons /jobs per hectare is to be achieved in the City's Greenfield area.
Proposed development at 86 un /ha will assist in achieving this target.
OFFICIAL PLAN & GARNER SOUTH SECONDARY PLAN
Lands are designated Residential in the City's Official Plan
Located along an arterial road, close to neighbourhood commercial facilities and a planned
school site.
Designated Medium Density Residential in the Garner South Secondary Plan.
Anticipates apartment buildings up to 4 storeys in height and a density of between 50 -75
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September 25, 2012
un /ha.
This is a Brownfield site where densities higher than 75 un /ha may be considered.
The application conforms with the OP and Garner South Secondary Plan as follows:
► Is in keeping with the Official Plan and Garner South Secondary Plan policies.
► Suitable for medium density residential development given it is a brownfield site and
is located on a designated arterial road.
► Site provides ample green space for future residents and is appropriately set back
from property lines.
► Parking is mainly underground.
Site Remediation
The Official Plan require environmental site assessments and site remediation
These assessments and removal of contaminated soil from the property was completed.
A Record of Site Condition was filed with the Ministry of the Environment.
Zoning By -law
Request for change from DH to a site specific R5C zone to permit the proposed apartment
buildings subject to site specific regulations.
Relief to the interior side yard is necessary due to pitched roof. Without these pitched
roofs, the side yard would comply.
Garner South Secondary Plan anticipates a local road immediately to the north of the
subject lands. If the road is built, property will become a corner lot.
Applicant has requested same setback for either an interior side yard or an exterior side
yard.
Applicant has requested a modest increase in the building lot coverage, which will be
mitigated with an increase in the required landscaped open space coverage.
Reduction in parking is also acceptable give the location near a transit route.
Amending by -law should contain a provision requiring a minimum density of 50 un/ ha.
Conclusion
The applicant has requested a zoning amendment to rezone 7549 Kalar Road to a site
specific Residential Apartment 5C Density (R5C) zone to permit the land to be developed
with two, three storey apartment buildings. The amendment can be supported because:
► The proposal complies with Provincial and Regional policies which promote
compact development in Greenfield Areas;
► The proposal conforms with the intent of the City's Official Plan and Garner South
Secondary Plan regarding the location of the medium density housing; and
► The site is a former automobile salvage yard and has been satisfactorily remediated
for residential use.
Official Plan Amendment No. 99 (OPA No. 99) which is the Garner South Secondary Plan
will need to be adopted by Council and receive final approval from the Region before the
requested zoning amendment comes into effect.
Recommendation
That Council approve the Zoning By -law amendment application to permit two, three storey
apartment buildings, with a total of 88 dwelling units, to be developed on the land.
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September 25, 2012
Jennifer Vida, Upper Canada Consulting, representing applicant, was in support of
the staff report and recommendations.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes
that the report be approved as recommended.
Carried Unanimously
PD- 2012 -57 - Proposed Telecommunication Facility, 7750 Netherby Road. Applicant:
SBA Canada for Wind Mobile
The Director of Planning reviewed the recommendations and provided background.
Mr. Sheyar Khan for the consultant acknowledged that the public concerns went into
a slimmer, more aesthetically appropriate tower. He indicated that white spruce trees
would also be planted. In response to questions, Mr. Khan indicated that the nearby
existing tower was at a maximum and other proposed properties in the area would not
provide the required coverage.
Tom Willette, 7737 Netherby Road, property across from the proposed tower
location. Mr. Willette asked that Council turn down the application, asking the applicant to
find another location away from the residential area. The existing proposal is too close to
Netherby Road.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
That Industry Canada be advised that the City of Niagara Falls cannot support a
telecommunication tower at 7750 Netherby Road, that SBA look at other properties in the
vicinity proposed during the consultation process and that Industry Canada be petitioned
to adopt notification provisions similar to the Provincial Planning Act (all residents within
120 metres, a sign on the property in question).
Carried Unanimously
REPORTS
1 CD- 2012 -09 - Buskers
The report recommends that staff solicit comments from the appropriate BIA's
(Business Improvement Areas) on whether they would like to see changes to By -law 99 -16,
the by -law regulating the playing of musical instruments in public places.
Derek Orr, resident of Niagara Falls, informed Council that he is a musician /busker
and he requested that Council consider amendments to allow buskers to ply their trade on
public property. He mentioned processes in other communities which licence buskers.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the report be approved as recommended.
Carried Unanimously
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September 25, 2012
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of recent events: he met CFB - Foreign Service Attache,
Captain Joseph McNulty of DOD VIP foreign service, the recent taping of Cogeco show on
the WEGO system, the presentation of colours with the Countess of Wessex at Queenston
Heights, the "Who Won the War of 1812" gala dinner debate at Fort Erie Leisureplex, the
annual Parade of the Unknown Soldier at the Fairview Cemetery, the Terry Fox Run, the
United Way kick -off, the Holiday Ramblers RV Club event, the Canadian Tire Jumpstart
Pedal for Kids Cycling, MYAC leadership day; 4th Annual Heartland Forest Hoedown,
including groundbreaking for the new Nature Centre, 2nd Annual Greater Niagara General
Hospital Falls Ball Gala, the Niagara Cricket Academy and the Our Turn to Pray week kick-
off.
Mayor Diodati advised of some upcoming events: the 39th Annual Mayor's Prayer
Breakfast at Club Italia with guest speaker Michael Coen, Niagara Falls Lions Club Car
Rally, CBC Hockey Night in Canada's Play On! at Clifton Hill and Victoria, the Queen Street
Parking opening, the United Way Elimination Dinner and Draw, the Opening Night of
Lyndesfarne theatre project at the former Seneca Theatre.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Fire Prevention Week - A request that October 7 - October 13, 2012 be proclaimed
as " Fire Prevention Week" and October 13 2012 be proclaimed as " Fire Service
Recognition Week ".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the request be approved.
Carried Unanimously
2. CUPE Ontario - Requesting that October 24, 2012 be proclaimed as " Child Care
Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Gates, seconded by Councillor Morocco
that the request be approved.
Carried Unanimously
3. Niagara Falls Public Library - Requesting that October 14 -20, 2012 be
proclaimed as "Ontario Public Library Week ".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
4. Ontario Multifaith Council - Requesting that October 14 -20, 2012 be proclaimed
as "Spiritual & Religious Care Awareness Week ".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson seconded by Councillor Morocco
that the request be approved.
Carried Unanimously
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September 25, 2012
5. City Clerk - memo regarding Cogeco availability for budget meetings.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that Council supports the proposed schedule.
Carried Unanimously
6. Niagara Falls International Marathon - requesting in -kind bus service for the
annual event.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Thomson seconded by Councillor
Pietrangelo that the request be approved.
Carried Unanimously
7 Regional Municipality of Niagara - requesting Niagara Falls City Council's
comment on a request by Zehr's for a tourist exemption on additional statutory
holidays.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that Council supports Zehr's request to the Region.
Carried Unanimously
8. Autism Ontario - Niagara Region Chapter - Request that the month of October be
proclaimed as " Autism Awareness Month" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
9. Lupus Foundation of Ontario - Request that the month of October be proclaimed
as "Lupus Awareness Month" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF
COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH
OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF
THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
BS- 2012 -03 - HVAC and Building Envelope Improvements. The report is recommended
for the information of Council.
F- 2012 -44 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
TS- 2012 -31 - Ethel Street at Sherri Avenue /Andrea Drive Intersection Control Review.
The report recommends that an all -way stop control be installed at intersection of Ethel
Street at Sherri Avenue /Andrea Drive.
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September 25, 2012
TS- 2012 -32 - Victoria Avenue at Bender Street Removal of No Right Turn on Red
Restriction. The report recommends that the No Right Turn on Red prohibition facing
northbound motorists at the intersection of Victoria Avenue and Bender Street is removed.
TS- 2012 -34 - Brown Road & Kalar Road - Speed Limit Review. The report recommends
the following:
That the speed limit on Brown Road between Montrose Road and Thorold Townline Road
be reduced from 80 km /h to 60 km /h; and,
That the speed limit on Kalar Road between McLeod Road and Chippawa Creek Road be
reduced from 80 km /h to 60 km /h.
TS- 2012 -35 - Front Street - Parking Review. The report recommends that parking is
restricted on both sides of Front Street between Portage Road and Norton Street from
Monday to Friday, inclusive.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the by -laws be given a first reading.
Motion Carried
with Councillor Gates opposed to By -law 2012 -93.
2012 -93 A by -law to provide for the adoption of Amendment No. 99 to the City of
Niagara Falls Official Plan. (OPA No. 99)
2012 -94
A by -law to authorize the execution of an Agreement with Dr. Ken Abrahim
dated September 7, 2012, respecting the physician's commitment to practice
medicine in the City.
2012 -95 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Heavy Vehicle Restriction).
2012 -96 A by -law to authorize the execution of an Adopt -a -Park agreement with Mirha
and Kareem Mostic for Coronation Park.
2012 -97 A by -law to authorize the execution of a Voluntary Payment Agreement with
The Niagara Parks Commission.
2012 -98 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2012 -99 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 25th day of September, 2012.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the by -laws be given a second and third reading.
Motion Carried
with Councillor Gates opposed to By -law 2012 -93.
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September 25, 2012
NEW BUSINESS
Thorold Stone Road
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that in anticipation of the expansion of Thorold Stone Road that Regional and City
infrastructure works be encouraged to take place now.
Carried Unanimously
Governance
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff bring back previous motions approved by Council on governance.
Carried Unanimously
Plantings
ORDERED on the motion of Councillor Maves, seconded by Councillor Wing that
the Park in the City committee comment on appropriate low maintenance plantings.
Carried Unanimously
ORDERED on the motion of Councillor Maves, seconded by Councillor Wing that
the meeting be adjourned at 9:25 p.m.
Carried Unanimously
DEAN IORFID�4, CITY CLERK JAMES M. DIODATI, MA OR