2013/02/26FOURTH MEETING
REGULAR COUNCIL MEETING
February 26, 2013
Council met on Tuesday, February 26, 2013 at 4:00 p.m. for an In Camera session.
All members of Council, except Councillor Wing, were present. Councillor Pietrangelo was
present for part of the In camera session.
NO. - MAVES - MOROCCO - THEREFORE BE IT RESOLVED THAT on Tuesday,
February 26, 2013 Niagara Falls Council will go into a closed meeting to consider a matters
that fall under the subject matter of 239(2)(c), proposed or pending disposition of City lands
related to Part 6 on Reference Plan 59R -7160, 6015 Baker Street, 6570, 6611 -6651
Frederica Street and Part 1 in Plan 59R -13639 (east of Montrose Road, west of Kinsmen
Court) and a matter that falls under the subject matter of 239(2)(f) solicitor - client advice
related to the OMB appeal related to 4825 Petit Avenue.
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
5:40 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor Thomson
offered the Opening Prayer. All members of Council were present.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated an indirect pecuniary interest with cheque # 361639,
made out to the Winter Festival of Lights, her spouse's employer. She indicated conflicts
with reports PBD- 2013 -18, L- 2013 -09, L- 2013 -10 and By -laws 2013 -21, 2013 -22, 2013 -24,
2013 -25, 2013 -26, 2013 -41 and 2013 -42, as she is an adjacent property owner and an
officer for a concerned organization with an interest in the property, the subject of the
related reports and by -laws. She also declared a direct pecuniary interest to any budget
matters that pertain to the Battlefield lands.
Councillor Morocco indicated an indirect pecuniary interest with Cheque # 361240,
made out to her spouse and a direct pecuniary interest with cheque #361241 made out to
herself for travel expenses.
Mayor Diodati declared a direct pecuniary interest on cheque #361499, made
payable to himself.
Councillor loannoni declared an indirect pecuniary interest on report R &C- 2013 -06,
as her son is a volunteer firefighter.
BUDGET/ PARKING MATTERS 5:00 - 7:00 P.M.
Councillor Pietrangelo chaired the budget meeting.
1 The Director of Finance provided a power point presentation on the capital budget
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ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
Council receive the capital budget presentation
Carried Unanimously
with Councillor Wing indicating a conflict.
2. TS- 2013 -14 - 2013 Parking Services Budget
The report recommends:
1) That Council approve the 2013 Parking Services Operating and Capital Works
budget as presented.
2) Develop an event -based parking rate program for the tourist core area.
3) Undertake a Municipal Parking Lot Rationalization Review
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that
Council approved the recommendation report.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that staff work with Library staff to review their 2013 budget.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
staff report back with an assessment on cell phone bill usage throughout the corporation.
Carried Unanimously
Councillor Pietrangelo stepped down as Chair, 6:15 p.m.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Mayor's Youth Advisory Committee - requesting 50 cent bus rides during the
week of March Break.
RECOMMENDATION: For the consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the request be approved.
Carried Unanimously
Councillor Pietrangelo exited Chambers.
2. Canadian National Autism Fund - requesting that April 2nd be proclaimed as "
World Autism Awareness Day" and related requests, including a flag- raising.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves
that the request be approved.
Carried Unanimously
Councillor Pietrangelo returned to Chambers.
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3. City of Welland - requesting that the NHS refrain from making any decision with
respect to moving Maternal & Child Care Services and Paediatrics until the new
hospital in St. Catharines has been operational for six months.
RECOMMENDATION: For the consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the communication be received and filed.
Motion Carried
with Councillors Gates and Wing opposed.
4. Victoria Centre BIA - requesting that $60,000 be committed to streetscaping in this
year's budget.
RECOMMENDATION: Refer to budget.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that
the request be referred to budget for consideration.
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- 2013 -01 - Playground Signs. The report recommends that signs to forewarn motorists
of the presence of children /pedestrians be installed in accordance to the Ontario Traffic
Manuals
ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that
staff come back with a policy on sign requests.
Carried Unanimously
F- 2013 -14 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totaling $23,635,134.26 for the period January 4, 2013 to January 30,
2013.
F- 2013 -15 - Major Receivables Monthly (January). The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
L- 2013 -06 - Niagara Catholic District School Board Licence Agreement with the City
2999 Dorchester Road. The report recommends the following:
1. That the City enter into a Licence Agreement with Niagara Catholic District School
Board ( "NCDSB ") with respect to the use of City lands abutting Mary Ward School
located at 2999 Dorchester Road.
2. That the Mayor and Clerk be authorized to execute said Licence Agreement.
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PBD- 2013 -19 - PLC - 2013 -002, Request for Removal of Part Lot Control Lots 65 to 87
Inclusive, Plan 59M -384. Deerfield Estates Phase 9 Subdivision. Developer: River
Realty Development (1976) Inc.. The report recommends the following:
1. That Council approve the request and pass the by -law included in tonight's agenda
to designate Lots 65 to 87, inclusive, of Plan 59M -384, as exempt from Part Lot
Control for a period of three years.
2. That the developer be required to notify the City when the new deeds have been
registered.
3. That the City reimburse the developer the Development Charges ($17,968) which
have been paid for the lots that are proposed to be eliminated in the subdivision.
4. That the Mayor and City Clerk be authorized to execute the necessary amendment
to the Subdivision Agreement and any required documents to reflect the lotting
changes when all matters are addressed to the satisfaction of the City Solicitor.
PBD- 2013 -20 - PLC - 2013 -002, Request for Removal of Part Lot Control, Block 113,
Plan 59M -379. 9484 -9500 Eagle Ridge Drive, Fernwood Phase 2 Subdivision.
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 Block 113 on Registered Plan 59M -379, as exempt from Part Lot
Control for a period of two years; and
2. That the developer be required to notify the City when the new deeds for the lots
have been registered.
TS- 2013 -10 - Foreman Avenue at Woodsview Crescent, Foreman Avenue at Harvest
Crescent Intersection Control Review. The report recommends the following:
1) That a stop sign is installed facing northbound motorists on Foreman Avenue at
Woodsview Crescent, and;
2) That a stop sign is installed facing southbound motorists on Foreman Avenue at
Harvest Crescent.
TS- 2013 -11 -BUSU - Transportation Contract Extension . The report recommends
1. That the municipality extends the current Agreement, for the 2013/2014 school
year, with Brock University Student's Union to provide the service at full cost
recovery.
2. That the Mayor and City Clerk be authorized to execute the necessary agreement.
TS- 2013 -12 - Award of WEGO Advertising Tender - RFP10 -2013. The report
recommends:
1. That REV Publishing Inc. be awarded the opportunity to utilize the WEGO system
to generate advertising revenue, and
2. That the Mayor and City Clerk be authorized to execute the necessary agreements.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the reports on the Consent Agenda be approved.
Carried Unanimously
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RESOLUTIONS
NO. 15 - THOMSON - IOANNONI - Therefore be it resolved that the Council of the City of
Niagara Falls commends the Federal Government for the new regulations but respectfully
forwards the following requests:
• that law enforcement, fire officials and municipalities be allowed to comment on
applications for commercial production sites prior to their issuance; and
• that commercial production sites require compliance with local regulations; and
• that there be a requirement that the municipality receive notification of all properties
previously associated with licences to grow so that future occupants /purchasers of
these buildings are afforded the same level of protection as those whom purchase
or occupy buildings that housed "illegal" grow -ops; and
• that the new regulation require that properties be remediated when medical
marihuana production ceases.
Carried Unanimously
ADDITIONAL PROPERTY MATTERS
L- 2013 -04 - Declare Surplus, Part 6 on Reference Plan 59R -7160
The report recommends that Part 6 on Reference Plan 59R -7160 as shown hatched on the
attached location map ( "subject land "), be declared surplus to the requirements of the City
of Niagara Falls.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
MAYORS REPORTS, ANNOUNCEMENTS
Mayor Diodati advised of some upcoming and recent events: Dialysis Centre Grand
Opening, Big Brothers Big Sisters Bowl for Kids' Sake, Family Day at the Niagara Falls
History Museum, Niagara Cub Car Races at Niagara Square; Mayor's Cup Sportsfest
2013, new episodes of "Gettin' Chatty with Mayor Diodati", 8th Annual Valentine's Day
Special Needs Dance at St. Michael's, 11th Annual Strike Out Violence Bowling for
Women's Plan , Niagara Talent search finals at Greg Frewin Theatre and the Mayor's
State of the City Address hosted by Chamber of Commerce.
PRESENTATION /DEPUTATIONS
Emergency 2 -1 -1
Rosanna Thoms, Project Lead, Executive Director, 211 Central South, Information
Niagara made a presentation informing Council of the 2 -1 -1 service.
FS- 2013 -01 - Emergency Information Call Centre
The report recommends that Council approve and authorize the Mayor and City
Clerk to execute the Service Agreement with Information Niagara.\
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the recommendation report be approved.
Carried Unanimously
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PLANNING MATTERS
Public Meeting
PBD- 2013 -18 - AM- 2012 -002, Zoning By -law Amendment Application. 6015 Barker
Street. Applicant: City of Niagara Falls. Proposed 30 Unit Apartment Building,
Expanded Parking Lot and Municipal Park.
The Director of Planning reviewed the recommendations and provided the following
information.
Background
A Zoning By -law amendment would change the zoning of the property from Residential
Single Family and Two Family (R2) to:
► A site specific R5A zone to permit the former school building to be converted to a
30 unit apartment building.
► Zone a portion to an Open Space (OS) zone as they are intended to be preserved
for park purposes.
► Zone a portion to General Commercial (GC) for expansion of commercial parking
lot.
Neighbourhood Open Houses
First Open House held on March 21, 2012.
About 12 residents attended and expressed opposition to the proposed apartment building
citing the following concerns:
► Too many apartments already in the area;
► Will generate too much traffic;
► Trees were being removed in front of the proposed apartment building;
► Fear of low income tenants;
► Noise from commercial uses;
► Loss of a historic site due to the development.
To address the concern about the loss of trees, the parking arrangement in the front of the
building has been revised to preserve all but three of the trees.
Second neighbourhood meeting was held on April 12, 2012 to provide more details on the
site plan of the apartment and park.
Residents in opposition to the proposed apartment building cited similar concerns to the
previous open house.
Residents suggested the City demolish the school building and convert the entire property
into a park to commemorate the Battle of Lundy's Lane.
A petition containing 88 signatures was submitted in opposition to the R5A zoning for the
30 unit apartment building citing that it did not represent good planning.
Provincial Policy
Provincial Policy encourages new growth to the built up areas of communities through
residential intensification in order to provide efficient use of servicing.
The proposed Zoning By -law amendment is consistent with the Provincial Policy as it:
► Utilizes an existing building on full urban services;
► Contributes to the City's housing supply;
► Is located in proximity to several bus routes; and
► Provides an opportunity for recreational and open space activities to the
surrounding neighbourhood.
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The proposed apartment building is considered a good example of adaptive reuse of an
existing school building and is compatible with the surrounding neighbourhood as it has
existed in current location for over four decades.
The proposed park provides a passive recreation feature for the neighbhourhood and an
opportunity to preserve a site of historical significance to the community.
The proposed GC zone will help resolve a long standing parking problem associated with
the adjacent funeral home operations as well as provide an opportunity for the City to
recoup some of the cost of purchasing the subject lands.
Provincial Policy encourages a mix of housing options. Given that the predominant form
of housing in the City is single- detached, the proposed apartment building will add to the
variety of rental stock in the City and mix of housing options for the City.
Official Plan
The land is designated as Residential and Minor Commercial in the City's Official Plan.
The proposed apartment building complies with the Official Plan policies as follows:
► The density of the proposed apartment building is 44 units /hectare (17.6 units per
acre) which conforms to the density criteria of the Official Plan.
► The proposal is on a collector road which allows apartment buildings at a density
of 100 units /hectare (41 units /acre)
► The existing school will be used in its entirety with no plans to expand the building
envelope. The building has existed for more than 40 years so it is consistent with
the built form of the neighbourhood and will have no negative impact on the
character of the area.
► The housing policies support innovative forms of housing, such as the adaptive
reuse of an existing building and encourage housing for non - profit groups.
► The reuse of the existing school building is an innovative form of redevelopment and
residential is an appropriate use for the building.
► The portion of the subject lands are proposed to be rezoned General Commercial
(GC) where the general intent of the Official Plan is maintained.
► Minor boundary adjustments for commercial lands are permitted without the need
for an Official Plan amendment.
Community Improvement Plan
The subject property is located in the Historic Drummondville Community Improvement
Plan (CIP).
The purpose of the CIP is to stimulate redevelopment.
The CIP contains financial incentives to promote redevelopment of commercial and
residential uses.
One of the specific projects highlighted in the CIP is the possible acquisition of the
Battlefield School, should it become available.
Zoning
The proposed site specific R5A zone would allow the school to be converted into an
apartment building containing 30 dwelling units.
The building is predominantly single storey with the exception of the gymnasium area
which is two storey.
The overall footprint of the building will remain the same.
Site specific amendments requested include:
► Reduced rear yard setback from 10 m (32.8 ft) to 8 m (26.2 ft)
► Increase the maximum lot coverage from 30% to 36.5 % (now 40% based on
survey)
► Reduction in the required parking from 42 to 35 spaces (done to address the
residents concerns of preservation of as many trees as possible).
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The proposed Open Space (OS) zone is intended to be used for parkland that will
commemorate the Battle of Lundy's Lane.
The Region is recommending that a holding category be placed on any portion of the
property where new development will result in soil disturbance pending the completion of
an archaeological assessment.
The acquisition of the school play area by the City will allow for the expansion of the
publicly held Battlefield lands and improve pedestrian access opportunities.
The Community Improvement Plan encourages new residential development through a
Residential Loan program.
The proposed apartment use would have a positive impact on the local economy with more
people living in the area and utilizing local services and retail uses.
The building provides an opportunity for an adaptive reuse project that has occurred in
other areas of the City.
Heritage
The subject lands constitute part of the site of the Battle of Lundy's Lane,
Adjacent to the Drummond Hill Cemetery that contain a Copper Beech Tree that is
designated under the Ontario Heritage Act.
Subject lands are within an area recognized by the Federal Government as a National
Historic Site. It should be noted that a National Historic Site does not protect the site from
development, but does recognize the site as significant in Canada and qualifies the area
for Federal grants.
The Official Plan encourages protecting heritage properties through designation under the
Ontario Heritage Act.
The Municipal Heritage Committee recommended designating the entire property as a
cultural heritage landscape under Part IV of the Ontario Heritage Act.
Financial Implications
The City has a policy governing the sale of municipal land which is to be followed.
It is the intent to use revenue from the sale of portions of the subject property to help offset
the cost of the purchase.
The apartment rezoning provides an opportunity to partner with Stamford Kiwanis to lessen
the financial impact on taxpayers by sharing the cost of the land acquisition.
The conversion of the former school into an apartment building would contribute to the tax
base of the corporation.
► Construction costs: $4 million
► Building Permit fees: approximately $40,000
► City Development Charges: approximately $43,000
► Annual taxes: $25,000 - $30,000
The adaptive reuse is considered to be sustainable development because it maximizes the
use of an existing building, capitalizes on existing municipal infrastructure services and
does not add to waste in the landfill if the school was to be demolished.
It should be noted that any sale of City property is decided by Council in accordance with
procedures whereby the land is declared surplus, an appraisal is obtained and offers to
purchase considered.
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Recommendation
That Council approve the Zoning By -law amendment application to rezone part of the lands
to a site specific Residential Apartment 5A (R5A) zone to permit the existing school
building to be used as a 30 unit apartment building, part of the lands to a General
Commercial (GC) zone and the remaining portion of the lands to an Open Space (OS)
zone, as detailed in the staff report.
That Council pass the by -laws appearing on tonight's agenda
That Council authorize staff to initiated the process to designate the land to be zoned Open
Space (OS) as a cultural heritage landscape under Part IV of the Ontario Heritage Act,
once the municipal park has been established.
Wilbert Watters, 6028 Barker Street, lives across from Battlefield school. He
reminded Council of the petition opposing the project from last year. He feels the road is
too narrow and another apartment on the street would be too intensive.
Len Inkster, Municipal Heritage Committee member, outlined the historical
importance of the lands and the position of the advisory committee.
Guenivere Wheeler -Wing, 6018 Barker Street, outlined the existing intensification
on the street, the availability for funding and partnerships with the Federal government and
reiterated the Friends of Lundy's Lane Battlefield's request for a lease.
Jock Ainslie, 6476 Huggins Street, opined that Council's role is to not just be good
stewards of the public purse. He reiterated the historical significance of the lands and felt
that the Federal government and the local tourism industry should step up with financial
support to preserve the lands.
The Public Meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that Council approve the Zoning By -law amendment application to rezone part of the lands
to a site specific Residential Apartment 5A (R5A) zone to permit the existing school
building to be used as a 30 unit apartment building, part of the lands to a General
Commercial (GC) zone.
Motion Carried
with Councillor Pietrangelo and Gates opposed and Councillor Wing declaring a conflict.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the remaining portion of the lands to an Open Space (OS) zone, as detailed in the staff
report.
Carried Unanimously
with Councillor Wing declared a conflict.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that recommendation # 3 be approved.
Carried Unanimously
with Councillor Wing declared a conflict.
L- 2013 -09 - Declaration of Surplus (Morgan /Morse & Son) Portion of 6015 Barker
Street.
The report recommends that part of Lot 6 north side Barker Street Plan 653
abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of
Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west
side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of
Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653
abstracted as Block 15 Village of Niagara Falls, in the City of Niagara Falls, as shown
hatched on the attached location map ( "subject land "), be declared surplus.
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved as recommended.
Motion Carried
with Councillors Gates and Pietrangelo opposed and Councillor Wing declaring a conflict.
L- 2013 -10 - Declaration of Surplus, Portion of 6015 Barker Street (School)
The report recommends that part of Lot 6 north side Barker Street Plan 653
abstracted as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south of
Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls; Part of Lot 2 west
side Main Street, south of Lundy's Lane Plan 653 abstracted as Block 15 Village of
Niagara Falls; Part of Lot 3 west side Portage Road, south of Lundy's Lane Plan 653
abstracted as Block 15 Village of Niagara Falls, in the City of Niagara Falls, as shown
hatched on the attached location map ( "subject land "), be declared surplus.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved as recommended.
Motion Carried
with Councillors Gates and Pietrangelo opposed and Councillor Wing declaring a conflict.
REPORTS
R &C- 2013 -06 - Waiving of Chippawa Willoughby Arena Rental Fee
The report recommends the following:
1 That the rental fee of $17,109 (incl. hst) invoiced to the Chippawa Volunteer
Firefighters Association for the use of Chippawa Willoughby Memorial Arena for
2012 SPN weekends not be waived or reduced.
2. That the rental fee not be reduced or waived for the upcoming 2013 SPN weekends
for the use of Chippawa Willoughby Memorial Arena.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the report be deferred to allow discussions between the CVFA and SPN.
Carried Unanimously
with Councillor loannoni declaring a conflict
RATIFICATION OF" IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the recommendations from the February 26th, 2013 meeting be approved:
1. L- 2013 -11
Stamford Kiwanis Purchase from the City Portion of lands located at 6015
Barker Street
That in light of declaring portion of lands located at 6015 Barker Street as surplus,
that Council approve the sale of a portion of the lands to Stamford Kiwanis Non -
Profit Homes Inc. and related by -law.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved.
Motion Carried
with Councillor Gates and Pietrangelo opposed and Councillor Wing declaring a conflict.
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2. L- 2013 -12
Morgan Commemorative Services Limited
(Morse & Son) Purchase from the City Portion of lands located at 6015 Barker
Street.
That in light of declaring portion of lands located at 6015 Barker Street as surplus,
that Council approve the sale of a portion of the lands to Morgan Commemorative Services
Ltd. and related by -law.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the report be approved.
Motion Carried
with Councillor Gates and Pietrangelo opposed and Councillor Wing declaring a conflict.
3. L- 2013 -07
Paletta International (1990) Inc.
4825 Pettit Avenue
Proposed Multiple Unit Residential Development, OMB Appeal
1 That the City Solicitor be directed to advise the Ontario Municipal Board that Council
accepts the recommendation of the Planning Department of the City of Niagara
Falls with respect to this matter and to lead evidence at the upcoming Hearing into
this matter in accord with this position.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the recommendation be approved.
Carried Unanimously
4. L- 2013 -05
Merenda Proposed Purchase from the City Part 6 on Reference Plan 59R -7160
1. That in light of declaring Part 6 on Reference Plan 59R -7160, as surplus that
Council approve the sale of lands to Giovanni Merenda, the owner of the lot that
abuts the subject lands immediately to the west, and the related by -law
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the report be approved.
Carried Unanimously
5. L- 2013 -08
Sale of Stamford /Jack Bell Arenas
6570 Frederica Street and 6611 -6651 Frederica Street
1 That Council accept the Offer to Purchase by 800460 Ontario Limited (Fred
Costabile /Eric Henry).
2. That the Mayor and Clerk be authorized to execute whatever documents are
required to complete this transaction.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the report be approved as recommended.
Motion Carried
with Councillor Gates opposed.
Councillor Gates exited Chambers.
6. Part 1 in Plan 59R- 13639, east of Montrose Road, west of Kinsman Court
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that Council accept the offer to purchase from DCL Healthcare Properties Inc., in trust, and
the related by -law. Carried Unanimously
Councillor Gates returned to Chambers
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BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be given a first reading.
Carried Unanimously
with Councillors Gates and Pietrangelo indicating their opposition to By -laws 2013 -21,
2013 -22, 2013 -24, 2013 -26, 2013 -41 and 2013 -42 and Councillor Wing indicating a conflict
with By -laws 2013 -21, 2013 -22, 2013 -24, 2013 -25, 2013 -26, 2013 -41 and 2013 -42.
2013 -20 A by -law to designate Lots 65 to 87 inclusive of Registered Plan 59M -384,
not be subject to part-lot control (PLC- 2013 -002).
2013 -21 A by -law to declare part of Lot 6 north side Barker Street Plan 653 abstracted
as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south
of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls;
Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653
abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side
Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15
Village of Niagara Falls as shown on the attached, in the City of Niagara
Falls, Regional Municipality of Niagara, surplus.
2013 -22
A by -law to declare part of Lot 6 north side Barker Street Plan 653 abstracted
as Block 19 Village of Niagara Falls; Part Lot 7 west side Main Street, south
of Lundy's Lane Plan 653 abstracted as Block 15 Village of Niagara Falls;
Part of Lot 2 west side Main Street, south of Lundy's Lane Plan 653
abstracted as Block 15 Village of Niagara Falls; Part of Lot 3 west side
Portage Road, south of Lundy's Lane Plan 653 abstracted as Block 15
Village of Niagara Falls as shown on the attached, in the City of Niagara
Falls, Regional Municipality of Niagara, surplus.
2013 -23 A by -law to designate Block 113, Registered Plan 59M -379, not be subject
to part-lot control (PLC- 2013 -003).
2013 -24
A by -law to amend By -law No. 79 -200, to rezone the Lands to a site - specific
R5A zone to permit the conversion of an existing building to a 30 unit
apartment dwelling (AM- 2012 -002).
2013 -25 A by -law to amend By -law No. 79 -200, to rezone the Lands to OS for park
purposes (AM- 2012 -002).
2013 -26 A by -law to amend By -law No. 79 -200, to rezone the Lands to GC (H) to
permit the expansion of an adjoining parking lot (AM- 2012 -002).
2013 -27 A by -law to amend By -law No. 2008 -107, which amended By -law No. 79-
200, to permit 8,400 square metres of retail stores with minimum gross
leasable floor areas of 1,390 square metres and to permit a reduction in aisle
widths on lands zoned SC -832 (AM- 2012 -015).
2013 -28
2013 -29
A by -law to amend By -law No. 2008 -108, which amended By -law No. 79-
200, to permit 8,400 square metres of retail stores with minimum gross
leasable floor areas of 1,390 square metres and to permit a reduction in aisle
widths on lands zoned SC -833 (AM- 2012 -015).
A by -law to amend By -law No. 79 -200, to change the zoning of the Lands to
a site specific R2 zone, to add a bed and breakfast to the list of permitted
uses and to allow one tandem parking space (AM- 2012 -016).
2013 -30 A by -law to amend By -law No. 79 -200, to permit an amusement
establishment on the Lands and exempt this use from parking requirements
(AM- 2012 -017).
2013 -31 A by -law to amend By -law No. 79 -200, to permit an amusement
establishment on the Lands and exempt this use from parking requirements
(AM- 2012 -017).
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Council Minutes
2013 -32 A by -law to amend By -law No. 79 -200, to permit the construction of a four
storey, 160 unit apartment dwelling (AM- 2012 -018).
2013 -33 A by law to delegate to the Regional Municipality of Niagara the power to
prohibit or regulate the harvesting, destruction or injuring of a significant tree
on private lands within the City of Niagara Falls.
2013 -34
A by -law to authorize certain capital works of the Corporation of the City of
Niagara Falls (The "Municipality "); to authorize the submission of an
application to the Ontario Infrastructure and lands Corporation ( "OILC ") for
financing such works and certain other ongoing works; to authorize
temporary borrowing from OILC to meet expenditures made in connection
with such works; and to authorize long term borrowing for such works
through the issue of debentures by the Regional Municipality of Niagara (The
"Upper -Tier Municipality ") to OILC. (HAND -OUT)
2013 -35 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited)
2013 -36 A by -law to authorize the execution of an Agreement with the United Steel
Workers Local 14241 respecting the Adopt -A- Program public service
program for volunteers.
2013 -37
A by -law to authorize the execution of an Agreement with the Steckley
Family and Friends respecting the Adopt -A- Program public service program
for volunteers.
2013 -38 A by -law to authorize the payment of $23,635,134.26 for General Purposes.
2013 -39 A by -law to declare Parcel A -1 Section M -78; Part of Block A Plan M -78 designated
as Part on Reference Plan 59R -7160, in the City of Niagara Falls, surplus.
2013 -40 A by -law to authorize the execution of an Agreement of Purchase and Sale
with Giovanni Merenda, respecting the purchase of lands in the City of
Niagara Falls, in the Regional Municipality of Niagara.
2013 -41
2013 -42
2013 -43
2013 -44
2013 -45
2013 -46
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Morgan Commemorative Services Limited, respecting the purchase of
lands in the City of Niagara Falls, in the Regional Municipality of Niagara.
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Stamford Kiwanis Non - Profit Homes Inc., respecting the purchase of
lands in the City of Niagara Falls, in the Regional Municipality of Niagara.
A by -law to authorize the execution of a Licence Agreement with the Niagara
Catholic District School Board, respecting the use of City -owned lands for
parking and the placement of portable classroom units.
A by -law to authorize the execution of an Agreement of Purchase and Sale,
respecting the purchase of certain lands in the City of Niagara Falls, in the
Regional Municipality of Niagara.
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.
A by -law to authorize the execution of an Agreement of Purchase and Sale
with DCL Healthcare Properties Inc., in trust, respecting the purchase of
lands in the City of Niagara Falls, in the Regional Municipality of Niagara.
2013 -47 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 26th day of February, 2013.
- 14- February 26, 2013
Council Minutes
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by -laws be given a second and third reading.
Carried Unanimously
with Councillors Gates and Pietrangelo indicating their opposition to By -laws 2013 -21,
2013 -22, 2013 -24, 2013 -26, 2013 -41 and 2013 -42 and Councillor Wing indicating a conflict
with By -laws 2013 -21, 2013 -22, 2013 -24, 2013 -25, 2013 -26, 2013 -41 and 2013 -42.
NEW BUSINESS
Stanley Avenue
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that staff come back with a report recommending a position in response to the Region's
Public Information centre related to Stanley Avenue from Highway #420 to Valley Way.
Carried Unanimously
OLG
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
Niagara Falls City Council notify the OLG that it supports the request of the Fallsview BIA
that the Fallsview Casino become part of the BIA, as Caesars Windsor is part of the
Downtown Windsor Business Improvement Association.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the meeting be adjourned at 9:15 p.m.
Carried Unanimously
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR