2012/12/11SEVENTEENTH MEETING
REGULAR COUNCIL MEETING
December 11, 2012
Council met on Tuesday, December 11, 2012 at 4:00 p.m. for an In Camera
session. All members of Council, except Councillor Maves, were present.
NO. 37 - MAVES - DIODATI - THEREFORE BE IT RESOLVED THAT on December 11,
2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under
the subject matter of 239(2)(d) labour relations and 239(2)(e) litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality related to the
casino assessment appeal.
Following consideration of the items presented, the In Camera Session did not rise and
report in open session.
Council met for the purpose of considering Budget Matters in Council Chambers at
5:50 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor Kerrio offered
the Opening Prayer. All members of Council were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that
the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Morocco indicated an indirect pecuniary interest to cheque no. 359546,
made payable to her spouse.
Councillor loannoni indicated an indirect pecuniary interest to cheque no. 359525,
made payable to her spouse.
BUDGET
Councillor Pietrangelo chaired the Budget meeting, 5:55 p.m.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
F- 2012 -55 be moved up on the agenda.
Carried Unanimously
F- 2012 -55 - Niagara Falls Community Outreach
The report recommends that Council approve a grant of $175 for Niagara Falls
Community Outreach.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the recommendation report be approved and that a letter go to MPAC (Municipal
Property Assessment Corporation) to correct the assessment matters related to not -for-
profits that do not accept government funding.
Carried Unanimously
- 2 - Council Minutes
December 11, 2012
The Directors of Municipal Works, Planning and Business Development provided
an overview of their respective budgets.
Mayor Diodati returned to the Chair.
PLANNING MATTERS (7:00 P.M.)
Public Meeting
PD- 2012 -74 - AM- 2012 -013, Zoning By-Iaw Amendment Application, 26T -11- 2011 -01,
Revision to Draft Approved Plan of Subdivision. Optimist Park - Revision to
Subdivision. River Realty Development (1976) Inc.
The Director of Planning reviewed the recommendations and provided the
following information.
Background
Council granted Draft Plan approval on April 20, 2012.
Application is to amend the Draft Plan.
The revised Plan of Subdivision consists of 111 Tots for single detached dwellings and 5
blocks for on- street townhouses and 1 block for block townhouses. There are no
changes being made to the Commercial block or the lands retained by the Optimist
Club.
The Zoning By -law amendment application would be to rezone a portion of the subject
land to R1 D with site specific setbacks and a portion of the site will be R3 and a portion of
the site as R4.
The balance of the lands will remain zoned Residential (R1 E) and General Commercial
(GC) and Open Space (OS).
Neighbourhood Open House
Held on October 30, 2012
Attended by the applicant and several area residents.
No objections to the application
Letter of objection submitted regarding the inclusion of townhouses in the subdivision.
Proposed Changes to Draft Approved Conditions
Condition #1 the description of the draft plan; and
Condition #26, that requires the developer pay Canada Post for the installation of
mailboxes.
Conclusion
Applicant is proposing several revisions to the Optimist Park Plan of subdivision that was
draft approved on April 20, 2012.
The revisions include the following:
► Widening the lots for single detached dwellings;
► A block of land for block townhouses;
► Several blocks of land for on- street townhouse dwellings;
► Overall reduction in the number of units from 120 to 111
- 3 - Council Minutes
December 11, 2012
The location and size of the commercial and parkland blocks remain unchanged;
Residents whose properties abut the plan have indicated they favour the revised plan;
Most of the conditions of the draft approved plan remain unchanged, including the
condition that Close Avenue remain closed, except for emergency vehicles.
The proposed revisions can be supported as follows:
► The revisions proposed to the subdivision will provide a better mix of housing;
► Lots 1 -27 which abut the existing subdivision to the north are 50% wider than in the
draft approved plan of subdivision does not pose any traffic concerns;
► The revised plan conforms to the City's Official Plan with respect to compatibility
and maximum density; and
► The proposed zoning conforms with the City's Official Plan and provides appropriate
regulations to guide the development of the lands.
Recommendation
That Council approve the requested modifications to the draft approved plan of subdivision
as shown on the plan prepared by Upper Canada Consultants, dated October 4, 2012 and
detailed in the staff report, subject to the conditions in the appendix.
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 application to amend the Zoning By -law be approved as detailed in the staff report
to provide the necessary land use regulations to guide the development of the subdivision,
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.
David Devine, 4468 Queensway Gardens, wasn't objecting to the changes to the
subdivision plan. He did, however, indicate that there are other developments which only
have one roadway in and out of in the City. He also outlined automatic gate options he
had investigated for emergency access of off Close Avenue.
John Mestik, agent for the application, indicated that the applicant has reviewed the
staff report and recommendations and are satisfied. He confirmed River Realty owns the
land.
The Public Meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved as recommended.
Motion Carried
with Councillor Gates opposed.
Public Meeting
PD -2012- 75 - AM- 2012 -012, Zoning By -law Amendment Application, 5990 Thorold
Stone Road, Applicant: Peter Coutu. Agent: Michael Allan. Proposed Used Car Lot
The Director of Planning reviewed the recommendations and provided the following
information.
- 4 - Council Minutes
December 11, 2012
Background
A zoning amendment is requested for a 0.16 ha (0.4 ac) parcel of land at 5990 Thorold
Stone Rd. to permit the land to be used as a used car lot.
Lands currently zoned General Industrial (GI) which does not permit a used car lot.
Zoning is requested to be changed to Light Industrial (LI) which permits less intensive
industrial uses, including a used car lot.
Neighbourhood Open House
Held on October 25, 2012, with no neighbours attending.
Abutting industrial land owner to south requests a chain link fence be required along the
south lot line.
OFFICIAL PLAN
Designated Industrial
OP intends that industries with similar characteristics and performance standards are to
be grouped to provide suitable areas for industrial operations and avoid potential land use
conflicts.
The subject lands are located in an area transitioning from heavier types of uses to lighter
industrial uses.
Proposed used car lot would not create any land use conflicts with neighbouring
commercial uses that front onto Thorold Stone Rd.
ZONING BY -LAW
It has been the City's vision to transition the subject area from heavier industrial uses to
lighter more prestigious uses that give City a better business image.
The requested LI zone permits a range of light industrial uses and automotive uses,
including a used car lot and will complete the transition of this side of the road to Tight
industrial use.
Conclusion
The amendment can be supported because:
► The land is designated Industrial in the City's Official Plan and in a location where
Tight industrial and commercial service uses are intended to locate; and
► The proposed used car lot would be compatible with other automotive related and
commercial uses that have already established along this section of Thorold Stone
Rd. and would not conflict with general industrial uses to the south.
Recommendation
That Council approve the Zoning By -law amendment application to change the zoning of
5990 Thorold Stone Rd. to a Light Industrial (LI) zone to permit a used car lot to be
established on it.
Michael Allan, agent for the applicant, advised he was in support of the staff report
and recommendations with the exception of the requirement of a fence. He felt the
building provided appropriate buffering. He indicated that property currently stores used
cars. The application will allow them to sell cars on the property.
The Public Meeting was Closed.
- 5 - Council Minutes
December 11, 2012
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved, without the requirement of fencing.
Carried Unanimously
REPORTS
1 PD- 2012 -76 - Telecommunication Facility Consultation, 5499 Kalar Road,
Summit Telecom Services on Behalf of Rogers Communications Inc.
The report recommends that Industry Canada be advised that the City of Niagara Falls has
no objection to the construction of a 50 metre slim -line monopole tower and related radio
equipment cabinet on the lands at 5499 Kalar Road conditional upon the tower and related
radio equipment cabinet are located in the northwest corner of the property.
Sean Ogilvie, for the applicant, indicated that they were amenable to the staff
recommendation, which modified their original proposal.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried Unanimously
PROPERTY MATTERS
1 L- 2012 -22 - Permanently Close and Declare Surplus Part of the Road
Allowance between Township Lots 119 & 120 Uppers Lane
The report recommends the following:
1. In the event, and only in the event, that Council has determined that the subject
lands are surplus to the requirements of the City of Niagara Falls, that Part
Township Lot 119 Stamford; Part Township Lot 120 Stamford being Uppers Lane
lying between Thorold Townline Road and Beechwood Road, ( "Upper's Lane
lands "), the Upper's Lane lands be declared surplus and offered for sale to Walker
Industries at the same price per square metre as is received for the lands that are
the subject of Report No. L- 2012 -19, subject to an annual increase calculated in
accordance with the Consumer Price Index.
2. That the closing of the public highway that is the Upper's Lane lands be conditional
upon Walker Industries securing the planning relief required to ensure that the sale
of the Upper's Lane lands will comply with the Planning regulations of the City of
Niagara Falls and that the Upper's Lane lands are not required for access to any
property that is not owned by Walker Industries.
Jean Grandoni, R.R. #1 Garner Road, was not in favour of the closing of the road
and declaration of surplus. She felt this was a removal of agricultural land from the city's
inventory.
Peter Graham, Director of Business , Walker Industries, indicated that any future
landfill would have to abide by a public process and their interest in the road at this time
was to provide certainty going forward.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes
that the report be deferred.
Motion Carried
with Councillors loannoni, Thomson and Kerrio opposed.
- 6 - Council Minutes
December 11, 2012
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Lisa Antonio, a city employee on the loss of
her father, Gino Gatto and to John Grubich, a city employee, on the passing of his father -
in -law Michael lampietro.
Mayor Diodati announced the launch Niagara Myst Perfume, the Niagara Falls Lions
Club Christmas Tree Sale, Lyndesfarne Theatre Project's staging of "It's A Wonderful
Life ", TV Cogeco's transition to Hi Def, the opening of the Chippawa Pet Store and the
annual New Year's Eve show in Queen Victoria Park.
Mayor Diodati advised of some recent events: Red Bull Crashed Ice event, "Angels
Everywhere ", Niagara Concerts Events, the openings for Once Upon a Child, Designer
Delights Cupcakes and Audrey & Co. Hair Aesthetics and the 2012 Firefighter Recruit
Graduation.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 FX WORX INC. - Request approval to shoot fireworks off the Skylon Tower on New
Years Eve.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved subject to the city's insurance requirements.
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.
TS- 2012 -40 - RFP 87 -2012 Supply of 40' Conventional Buses. The report recommends
the following:
1. That Council approve the purchase of two conventional transit buses from NovaBus.
2. That the Mayor and Clerk be authorized to execute the necessary agreements.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo
that the report be approved as recommended.
Carried Unanimously
MW- 2012 -64 - Municipal Infrastructure Investment Initiative Capital Program -
Expression of Interest. The report recommends that staff be directed to submit an
Expression of Interest under the Municipal Infrastructure Investment Initiative Capital
Program for the Kalar Road (Rideau to Beaverdams Road) Reconstruction Project.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved as recommended.
with Councillor Wing opposed
Motion Carried
- 7 Council Minutes
December 11, 2012
MW- 2012 -13 - Falls Avenue (formerly Roberts Street) Gateway Landscaped Boulevard
and Median Maintenance. The report recommends that the Mayor and City Clerk be
authorized to execute an Operating Agreement with the Niagara Region for the ongoing
care and maintenance of the boulevard and median on Falls Avenue (formerly Roberts
Street) from Stanley Avenue to Victoria Avenue.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the report be approved as recommended.
Carried Unanimously
CD- 2012 -11 - Adult Entertainment Hearing, November 27. The report recommends That
based on the recommendation of the Adult Entertainment Appeals Committee, the decision
of the Issuer of Licences in the revocation of a licence be upheld.
F- 2012 -58 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $2,823,359.21 for the period
November 8, 2012 to November 21, 2012.
F- 2012 -60 - Approval of Interim 2013 Spending Limits. The report recommends that, in
the absence of an adopted 2013 General Purposes 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.
F- 2012 -62 - 2013 Schedule of Fees for Services. The report recommends that the
Schedule of Fees By -law, listed under the by -law section of the agenda, be approved.
MW- 2012 -13 - Falls Avenue (formerly Roberts Street) Gateway Landscaped Boulevard
and Median Maintenance. The report recommends that the Mayor and City Clerk be
authorized to execute an Operating Agreement with the Niagara Region for the ongoing
care and maintenance of the boulevard and median on Falls Avenue (formerly Roberts
Street) from Stanley Avenue to Victoria Avenue.
MW- 2012 -63 - Quote# 79 -2012 For the Landscape Development of Edgewood
Recreation Trail. The report recommends the following:
1. The contract be awarded to Stevensville Lawn Service at the bid price of
$149,443.00 (plus HST).
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the reports on the consent agenda be approved as recommended.
Carried Unanimously
RESOLUTIONS
NO. PIETRANGELO - MOROCCO - THEREFORE BE IT RESOLVED that the Expression
of Interest to be submitted by the Corporation of the City of Niagara Falls is factually
accurate and the Corporation of the City of Niagara Falls is committed to a comprehensive
asset management plan by December 31, 2013.
with Councillor Wing opposed
BY -LAWS
Motion Carried
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by -laws be given a first reading.
Carried Unanimously
2012 -132 A by -law to provide for the adoption of Amendment No. 109 to the City of
Niagara Falls Official Plan. (AM- 2012 -010)
- 8 - Council Minutes
December 11, 2012
2012 -133 A by -law to amend By -law No. 79 -200, to establish site specific land use
regulations for a future residential plan of subdivision on the Lands and to
repeal By -law No. 2000 -226. (AM- 2012 -010)
2012 -134 A by -law to amend By -law No. 79 -200, in accordance with an Order issued by
the Ontario Municipal Board dated November 28, 2012, to permit the Lands
to be developed with one family detached and /or semi - detached dwellings or
an on street townhouse dwelling. (AM- 2011 -014)
2012 -135 A by -law to provide for the adoption of Amendment No. 105 to the City of
Niagara Falls Official Plan. (AM- 2012 -005)
2012 -136 A by -law to amend By -law No. 79 -200 to permit the construction of a 60
storey hotel and a 61 storey hotel on the Lands, subject to the removal of
holding (H) provisions, and to repeal By -law No. 1981 -019. (AM- 2012 -005)
2012 -137 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 -138 A by -law to authorize the execution of an Agreement with the Regional
Municipality of Niagara respecting road maintenance activities involving urban
mowing of grassed boulevards and centre medians upon Regional lands for
Falls Avenue from Stanley Avenue to Victoria Avenue.
2012 -139
2012 -140
2012 -141
2012 -142
A by -law to authorize the execution of an Agreement of Purchase and Sale
with the Estate of Maria Brunetta, respecting the purchase of lands in the City
of Niagara Falls, in the Regional Municipality of Niagara.
A by -law to fees and charges for various services, licences and publications
for the City of Niagara Falls.
A by -law to authorize the payment of $2,823,359.21 for General Purposes.
A by -law to authorize the execution of a Section 37 Agreement with 2302846
Ontario Inc. and 2298642 Ontario Inc. pursuant to Section 37 of the Planning
Act respecting the provision of certain facilities and services and matters by
2302846 Ontario Inc. and 2298642 Ontario Inc. in return for an amendment
to By -law No. 79 -200 for an increase in height to allow the development of
two hotels with maximum heights of 229 metres and 61 storeys and 222
metres and 60 storeys, respectively, on lands owned by 2302846 Ontario Inc.
and 2298642 Ontario Inc. and located on River Road, in the City of Niagara
Falls.
2012 -143 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 11th day of December, 2012.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by -laws be given a second and third reading.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the meeting be adjourned at 8:50 p.m.
Carried Unanimously
i
DEAN IORFIDJ\, CITY CLERK 'JAMES M. DIODATI, MAYOR