2013/02/12 THIRD MEETING
REGULAR COUNCIL MEETING
February 12, 2013
Council met on at a Special In Camera session on Tuesday, February 5, 2013
at 4:00 p.m.. All members of Council, except Councillors Kerrio and Wing, were present.
NO. 11 - MOROCCO - IOANNONI THEREFORE BE IT RESOLVED THAT on February
5th, 2013 from 4:00 p.m. to 5:00 p.m., Niagara Falls City Council will go into a Special
Closed Meeting to consider a matter that falls under the subject matter of 239(2)(e)
matters before administrative tribunals and 239(2)(f), advice that is subject to solicitor-client
privilege related to properties at 6380 Fallsview Boulevard and a matter that falls under s.
239(2)(b) personal matters about an identifiable individual and 239(2)(d) labour relations.
Council rose and reported on items considered at the regularly scheduled meeting of
Tuesday, February 12, 2013.
Council met on Tuesday, February 12, 2013 at 4:30 p.m. for an In Camera session.
All members of Council, except Councillor loannoni, were present.
NO. 12 - MAVES - MOROCCO - THEREFORE BE IT RESOLVED THAT on Tuesday,
February 12, 2013 Niagara Falls Council will go into a closed meeting to consider a matter
that falls under the subject matter of 239(2)(c), a proposed or pending disposition of City
land and 239(2)(f) solicitor-client advice related to Part of Block A, Plan M-67 in the vicinity
of 6220 Don Murie Street.
Following consideration of the items presented, the In Camera Session did rise and report
in open session.
Council met for the purpose of considering Budget Matters in Council Chambers at
5:15 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor Pietrangelo
offered the Opening Prayer. All members of Council, except Councillor loannoni, were
present.
* * * * *
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the minutes be approved as amended.
Carried Unanimously
* * * * *
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated a direct pecuniary interest to the operating and capital
budget related to Battlefield School matters and an indirect pecuniary interest to the
operating budget on matters related to the Winter festival of Lights, her husband's
employer.
* * * * *
BUDGET/ PARKING MATTERS 5:00 - 7:00 P.M.
Councillor Pietrangelo chaired the budget meeting.
The Director of Finance provided an update on the operating budget, grants, fees for
service and introduced the capital budget.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that Council approve the staff recommended budget reductions
Motion Carried
with Councillor Morocco opposed and Councillor Wing declaring a conflict.
ORDERED on the motion of Councillor Maves, seconded by Councillor Gates that
the proposed grants and fees for service be forward to the final budget deliberations.
Motion Carried
with Councillor Morocco opposed and Councillor Wing declaring a conflict.
ORDERED on the motion of Councillor Maves, seconded by Councillor Thomson
that the capital budget item of security cameras at the Gale Centre be pre-approved.
Motion Carried
with Councillor Morocco opposed and Councillor Wing declaring a conflict.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
to received the capital budget.
Carried Unanimously
with Councillor Wing declaring a conflict
PRESENTATIONS/ DEPUTATIONS 7:00 p.m.
Stair Climb for Children's Cancer
Angela Davey, Unit Manager of the Canadian Cancer Society and Lori Taraba, CCS
Stair Climb for Cancer Committee informed Council of this year's stair climb on April 13,
2013 at the Skylon tower and requested that Council proclaim April as"Cancer Awareness
Month".
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that April be declared as "Cancer Awareness Month".
Carried Unanimously
* * * * *
PLANNING MATTERS
Public Meeting
PBD-2013-14 - Zoning By-law Amendment Application. Applicant: City of Niagara
Falls. General Amendment to Zoning By-law 79-200
The Manager of reviewed the recommendations and provided the following
information.
Background
Zoning By-law 79-200 defines a Place of Entertainment as:
► "an arena, auditorium, public hall, bowling alley, ice or roller skating rink, curling rink,
dance hall, music hall, theatre, cinema or other place where pictures are projected,
But does not permit:
(i) three or more pinball or electronic game machines as-of-right in commercial
establishments and more than ten pinball or electronic game machines in
restaurants (with more than 30 seats) hotels, motels or,
(ii) a carnival show, circus, merry go-round, miniature or switch amusement ride or
device, or
(iii) a billiard or pool room.
Site specific zoning amendments have been required to establish the excluded uses in the
past.
The proposed amendment would also exempt tents and mechanical amusement rides or
devices from having a maximum height requirement of 12 m (40 ft).
Planning Analysis
Official Plan
Places of Entertainment are permitted in the City's Tourist Commercial, Major Commercial
and Minor Commercial districts.
Creating a more inclusive definition of a Place of Entertainment and exempting tents and
mechanical amusement rides from height regulations conforms with the Official Plan.
Zoning By-law Amendment
The definition of a Place of Entertainment currently precludes a carnival show, circus,
merry go-round, miniature or switch amusement ride or device or a billiard or pool room.
Limits tents and mechanical amusement rides or devices to a maximum height of 12
metres (40 ft).
Conclusion
The intention of the amendment to Zoning By-law 79-200 is to make the by-law more
contemporary by including uses in the definition of a Place of Entertainment that have
become desirable in commercial areas and by exempting tents and mechanical
amusement rides or devices from the maximum height regulations. The amendment
affects all zones (TC, SC, GC and CB) that permit a Place of Entertainment. The
amendment is recommended because:
► Provides businesses the opportunity to establish new attractions;
► Supports the City's tourism activities;
► Places of Entertainment are permitted in the General Commercial (GC), Planned
Shopping Centre Commercial (SC) Central Business Commercial (CB) and Tourist
Commercial (TC) zoned, which are appropriate zones for the additional uses;
► Pinball or electronic game machine establishments and billiard or pool rooms are
now considered common forms of entertainment; and
► Tents and mechanical amusement rides or devices, although being exempt from
height, will still require a Building Permit in order to be established.
Recommendation
That Council approve the amendment to Zoning By-law No. 79-200 to change the definition
of a Place of Entertainment to include a pinball or electronic game machine establishment,
a carnival show, circus, mechanical amusement rides or devices, a billiard or pool room
or any similar use and to add tents and mechanical amusement rides or devices to the list
of items that are exempt from the maximum height regulations; and
That Council pass the By-law on tonight's agenda to implement the amendment.
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
REPORTS
1. CD-2013-02 - Lundy's Lane BIA
The report recommends the following:
That Council approve the decision (Option #2) to maintain the current Board complement
of ten (10) members; and
That the Council approve the appointment of Lisa Tokuc to the Board of Management of
the Lundy's Lane Business Improvement Association (LLBIA); and
That Council appoint a new Council representative(s) to the LLBIA; and
That the LLBIA follow the BIA Guidelines adopted by Council in 2011.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that Council approve Option #1: to Accept the August A.G.M. as valid and approve the
replacement candidates voted in at that meeting; and
That Council approve the appointment of Lisa Tokuc to the Board of Management of the
Lundy's Lane BIA; and
That the LLBIA follow the BIA guidelines adopted by Council in 2011; and
That Council directs the Chair to set a meeting of the Board forthwith.
Motion Carried
with Councillor Wing opposed.
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to the family of Hector Smith, father of Brian
Smith, a city employee, who passed away.
Mayor Diodati advised of recent events: 24th Annual Sports Wall of Fame at the
Gale Centre, Donor Wall unveiling at the St. Catharines Hospital, Niagara Community
Design Awards at the Niagara Region, in which the Niagara Falls History Museum was a
recipient, the Toronto Chinese Media Award Gala and the Boys & Girls Club 15th Annual
Bonspiel.
Mayor Diodati offered congratulations to Premier Wynne and to her new cabinet.
He announced that Sleep Cheap raised over $160,000 in 2012.
Mayor Diodati advised of upcoming events: 48th Anniversary of National Flag
February 15, 2013, Family Day Fun, the Dialysis Centre Grand opening and the Niagara
Cub Car Races at Niagara Square.
Councillor Kerrio left the Council Chambers.
* * * * *
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Epilepsy Niagara - requesting that the month of March be proclaimed as "Epilepsy
Awareness Month".
RECOMMENDATION: That the request be approved.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mves
that the request be approved.
Carried Unanimously
2. Fresh Air Fund - requesting that March 20, 2013 be proclaimed as "Fresh Air Fund
Day".
RECOMMENDATION: That the request be approved.
ORDERED on the motion of Councillor Mayes, seconded by Councillor Morocco that
the request be approved.
Carried Unanimously
Councillor Kerrio returned to the Council Chambers.
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.
MW-2013-05 - Drinking Water System Summary Report. The report recommends that
this report be received for information.
PBD-2013-15 - PLC-2013-001, Request for Removal of Part Lot Control, Lots
100,101,102 and 103, Plan 59M-379. 5831-5863 Osprey Avenue. Applicant:
Mountainview Homes. The report recommends the following:
1. That Council approve the request and pass the by-law included in tonight's agenda
to designate Lots 100, 101, 102 and 103 on Registered Plan 59M-379, as exempt
from Part Lot Control for a period of two years.
2. That the developer be requested to notify the City when the separate deeds have
been registered.
PBD-2013-16 - Commercial Building & Facade Improvement Grant Application.
CB&FIG-2013-001, Geny Heywood. 4695 Queen Street. The report recommends the
following:
1. That Council approve the Commercial Building & Facade Improvement Grant
Application for 4695 Queen Street, subject to the owner satisfying the program
requirements including obtaining any required permits.
2. That the Mayor and Clerk be authorized to sign and execute the agreement.
PBD-2013-17 - Commercial Building & Facade Improvement Grant Application,
CB&FIG-2013-002, Yvonne & Jim, Price, 4776 Bridget Street. The report recommends
the following:
1. That Council approve the Commercial Building & Facade Improvement Grant
Application for 4776 Bridge Street, subject to the owner satisfying the program
requirements including obtaining any required permits.
2. That the Mayor and Clerk be authorized to sign and execute the agreement.
R&C-2013-04 - Gale Centre ATM. The report recommends that the Mayor and Clerk be
authorized to execute an agreement with Touch Cash for the supply, installation and service
for one Automated Teller Machine (ATM)to be located in the lobby area of the Gale Centre,
for a term of three years with an option to extend for an additional two years.
TS-2013-03 - Sylvia Place - Parking Review. The report recommends that the existing
parking restriction on the east side of Sylvia Place from a point 31 metres south of Ferry
Street is extended by 43 metres to a point 125 metres south of Ferry Street.
MW-2013-06 - Prince Charles Park Redevelopment Project Funding Agreement,
Community Infrastructure Improvement Fund (CIIF). The report recommends the
following:
1. That Council approve funding in the 2013 Capital Budget for the Prince Charles Park
Redevelopment Project; and
2. That the Mayor and City Clerk be authorized to execute a Contribution Agreement
with the Federal Economic Development Agency for Southern Ontario.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
R&C-2013-03 - 2013 Niagara Falls Canada Day Location. The report recommends that
Council approve Downtown Niagara Falls as the location for the 2013 Niagara Falls Canada
Day Celebration.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that
the report be approved as recommended.
Motion Carried
with Councillor Wing opposed.
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RESOLUTIONS
NO. 13 - THOMSON - PIETRANGELO - THEREFORE BE IT RESOLVED THAT the
Council of the City of Niagara Falls authorizes entering into the contribution agreement with
Her Majesty the Queen in Right of Canada, as represented by the Minister responsible for
the Federal Economic Development Agency for Southern Ontario for the Redevelopment
of Prince Charles Park.
Carried Unanimously
* * * * *
PROPERTY MATTERS
L-2013-01 - Declaration of Surplus Part of Block A, Plan M-67
The report recommends that part of Block A, Plan M-67 as shown hatched on the
attached location map ("subject land"). Less a one foot reserve running parallel to
Chippawa Parkway, be declared surplus.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved.
Carried Unanimously
* * * * *
RATIFICATION OF" IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the recommendations from the " Special In Camera" meeting from February 5th, 2013
be approved:
That staff be directed to sign the Minutes of Settlement related to the Fallsview Casino
assessment appeal.
1. Casino Assessment Appeal
- Sig n Minutes of Settlement
- File Assessment Appeal before March 31, 2013
- Support Regional staff in amending tax policy
* * * * *
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the recommendations from the " In Camera" meeting from February 12th, 2013 be
approved.
1. L-2013-02
Possible Sale and Conveyance of Part of Block A, Plan M-67
1. In the event that and only in the event that Council finds that Block A, Plan M-67,
less a one foot reserve running parallel to and immediately abutting Chippawa
Parkway, is surplus to the requirements of the City of Niagara Falls, that part of Block
A, Plan M-67 as shown hatched on the attached location map (subject land), less a
one-foot reserve running parallel to and abutting Chippawa Parkway, be conveyed
to D.A.T.S Niagara Inc., c/o/b as Marine Clean, the owner of 6220 Don Murie Street;
a lot that abuts the lands to be conveyed , immediately to the north.
2. That the Mayor and Clerk be authorized to execute any and all required documents.
Carried Unanimously
* * * * *
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Mayes that the by-laws be given a first reading.
Carried Unanimously
2013-13 A by-law to designate Lots 100, 101, 102 and 103, Registered Plan 59M-
379, not be subject to part-lot control.
2013-14 A by-law to amend By-law No. 79-200, to amend the definitions of a pinball
or electronic game machine establishment and a place of entertainment
and to add to the list of items that are exempt from height regulations. (AM-
2012-020)
2013-15 A by-law to authorize the execution of an Extension Agreement with
Deborah Lynn Pugliese respecting a tax obligation.(5741 McGrail Avenue)
2013-16 A by-law to authorize the execution of an Extension Agreement with
Deborah Lynn Pugliese respecting a tax obligation. (6888 Drummond
Road)
2013-17 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.
2013-18 A by-law to hereby authorize the execution of a contribution agreement for
the redevelopment of Prince Charles Park between the Corporation of the
City of Niagara Falls and Her Majesty the Queen in Right of Canada,
hereby represented by the Minister responsible for the Federal Economic
Development Agency for Southern Ontario under the Community
Infrastructure Improvement Fund.
2013-19 A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 12th day of February, 2013.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni that the by-laws be given a second and third reading.
Carried Unanimously
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NEW BUSINESS
Legal Grow -Ops
ORDERED on at the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that staff report back on legal grow-ops.
Carried Unanimously
Pingue Montrose Road Application
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that a letter of support be sent to Regional Council regarding the application.
Carried Unanimously
Traffic Review
ORDERED on the motion of Councilor Pietrangelo, seconded by Councillor Gates
that staff undertake a traffic review for the St. James Street and Thorold Stone Road area.
Carried Unanimously
Parking Infraction "First Offenders"
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor morocco
that staff be directed to issue "warnings" for first offenders on various parking infractions.
Carried Unanimously
* * * * *
ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that
the meeting be adjourned at 8:15 p.m.
Carried Unanimously
* * * * *
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR