2013/05/14 EIGHTH MEETING
REGULAR COUNCIL MEETING
May 14, 2013
Council met in Council Chambers at 5:05 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
No Disclosures
REPORTS 5:00 - 7:00 P.M.
1 . TS-2013-07 - Portage Road - Speed Control Follow Up Review
The report recommends that the existing speed humps on Portage Road between
Mayfair Drive and Stamford Green Drive be maintained.
Karl Dren, Director of Transportation Services, provided Council with a powerpoint
presentation.
Janice Ane, 3262 Portage Road, lives directly in front of the southern speed bump.
Mrs. Ane requested that the southern speed hump be remove as it creates noise. She
said she would prefer other speed control devices, such as a chicane or four-way stop.
Mrs. Ane read letters from two surrounding neighbors.
Bill Muir, 3258 Portage Road, is in favour of the speed humps as they have greatly
reduced speed in the neighbourhood.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that Bev Hodgson be permitted to speak.
Carried Unanimously
Bev Hodgson, 3227 Portage Road, stated that all agree that there was a speed
problem in the area and any measures should be instituted to combat speed. She
suggested that the noise is from the vehicles, not from the hump, and that heightening the
hump may be helpful for speed and sound.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
staff report back on the possibility of narrowing the road and installation of a four-way stop
to possibly allow the removal of the southern speed hump.
Carried Unanimously
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2. F-2013-29 - Water Billing Transition
The report recommends the following:
1. Council approve the addition to the City staff complement of four (4) full
time equivalent employees.
2. Council authorize staff to develop plans for renovations at MacBain
Centre to accommodate implementation of a cashiering station that can
accommodate water, tax and other municipal payments.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the report be approved as recommended.
Carried Unanimously
3. MW-2013-08 - Chippawa Infrastructure Update
The report recommends that the report be received for Council's information and
filed.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the report be approved as recommended.
Carried Unanimously
4. R&C-2013-10 - Prince Edward Park
The report recommends the following:
1 . That Council proceed with the proposed land exchange at Prince Edward Park as
illustrated on Attachment #1 of this report.
2. That staff receives $15,000 (excluding the cost to relocate the trees and benches)
from the developer to be allocated for future park redevelopment and that the
developer relocates the park benches and trees abutting the benches (or plant up
to 4 new trees if the trees will not survive transplanting) at its cost.
3. That staff prepares a park development plan and presents it as part of the 2014
capital budget.
4. That the developer installs chain link fence on the north and east side of Prince
Edward Park to adhere to City of Niagara Falls Park standards.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried Unanimously
-AN D-
NO. 21 - IOANNONI- KERRIO - Therefore be it resolved that the Council of the
Corporation of the City of Niagara Falls hereby determines that no further notice is required
in declaring the parcel, located between Prince Edward Avenue and Byng Avenue, surplus
to the City's needs.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS 7:00 P.M.
Boys & Girls Club of Niagara
Amanda Braet, Director of Fund Development, informed Council of BGCN's National
fundraiser, Race for Kids presented by Cytec on June 1, 2013 and presented the Mayor
with a "Raise for Kids Welcome Bag".
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Kraft's Hockey Lives On
Dave Beaton, Manager of Sobey's informed Council about his store winning $5,000
in the Kraft Hockey Lives On contest. Corey Barkman, a store employee, was also present.
The money will go toward a hockey/arena related event. Mayor Diodati presented a gift of
appreciation to the gentleman.
PLANNING MATTERS 7:00 P.M.
Public Meeting
AM-2013-003, Zoning By-law Amendment Application
Former Jones Street Road Allowance, East Side of Montrose Road South of Delta Drive
Applicant: OPM Properties Ltd. (Michael Brooks)
Agent: Doug Darbyson, Darbyson Planning Inc.
Proposed Semi-Detached Dwelling
The Director of Planning, Building & Development reviewed the recommendations
and provided the following information.
Proposed Application
Zoning by-law amendment application for the former Jones Street right-of-way.
Land was declared surplus in 2009 and was acquired by the applicant.
Land is zoned Residential Single Family 1D density (R1 D).
Zoning to be changed to Residential Single Family and Two Family (R2) with site specific
side yard and driveway width regulations to permit the proposed semi-detached dwelling.
PROVINCIAL POLICY & REGIONAL POLICY PLAN
Provincial policies direct growth to built-up areas and support intensification.
The proposal would result in a more efficient use of urban land and infrastructure which
would assist in reaching intensification targets established by Provincial and Regional
policies .
Official Plan
Property is designated Residential in the City's Official Plan which permits semi-detached
dwellings.
Proposal complies as follows:
• Proposed semi-detached dwelling adds to the mix of available housing;
• Proposed dwelling would be compatible with surrounding single and semi-detached
dwellings in height, massing and setbacks.
ZONING
The change from R1 D to R2 would permit the proposed semi-detached dwelling.
Adjustments to the standard R2 zone regulations can be supported to accommodate the
required parking, and side yard and setbacks.
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SERVICING & DRAINAGE
Currently the property has a swale that drains the properties to the east and runs into a
catchbasin along Montrose Rd.
To ensure the property is properly drained and adjacent properties not adversely impacted,
a rear yard catchbasin is proposed.
It is necessary that these works be provided as part of the future Building Permit
application and an easement dedicated for the maintenance of the storm sewer lateral.
CONCLUSION
The applicant has requested a zoning amendment to permit a semi-detached dwelling to
be constructed on the property be supported because:
• The proposal represents an efficient use of urban land and infrastructure.
• The Official Plan encourages a harmonious mix of dwelling types so that a variety
of housing types are available in each neighbourhood.
• The proposed semi-detached dwelling would be compatible with surrounding single
detached and semi-detached dwellings;
• The lot is adequately sized to accommodate the dwelling, and;
• The requested reduction in the side yard width and increase in driveway width are
acceptable and will not adversely impact the neighbouring properties.
RECOMMENDATION
That Council approve the Zoning By-law amendment application to rezone the property
Residential Single Family and Two Family (R2) with site specific side yard and driveway
width regulations, to permit the proposed semi-detached dwelling.
Doug Darbyson. Agent for the applicant, said the property was formerly owned by
the City. The applicant was seeking minor relief for the development, however, the lot
exceeds R2 requirements in instances such as depth. The semi is being custom made
and designed for the property with a driveway that allows for ease of ingress and egress.
The applicant will institute the requested catch basin.
The Public Meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the report be approved as recommended.
Motion Carried
with Councillors Morocco, Kerrio and Gates opposed.
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Councillor Pietrangelo on the recent passing
of his uncle, Steve Lafferty.
Mayor Diodati extended congratulations to Ray Miller, City employee, on his recent
retirement.
Mayor Diodati advised of recent events: Grand Opening of LCBO on Portage Road,
Earth Week events, Coronation Centre Annual Volunteer Recognition Event, Kemp
Financial Group Grand Opening, China Travel Forum, National Day of Mourning, Steps for
Life Walk, Father Tony McNamara Athletic Centre opening at St. Mike's, Food Basics
Opening, International Karate Federation Conference, Niagara Arts&Crafts Exhibit Grand
Opening, Bikers Rights Organization Cover the Kids Run, Crossfit Queenston Heights
Opening, Niagara Falls MS Walk, McHappy Day, Annual Police Tug of War, Niagara
Concerts, Westlane's 10th Anniversary Aids Walk, Meadows of Dorchester Volunteer
Appreciation Lunch, Battle of the Atlantic Service, Niagara Days at Queen's Park,
Mayor Diodati Advised of Upcoming Events: River Road Retirement Ribbon Cutting,
Relay for Life at St. Paul High School, 8th Annual Rankin Run, Annual LS Walk and
the125th Anniversary Celebration for Dobbie's Florists.
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x x x x x
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 . TAPS Brewing Co. - requesting relief from the City's Noise By-law for various events
in the summer.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
2. Rotary Club of Niagara Falls Sunrise Ribfest - requesting relief from the City's
Noise By-law for Ribfest and that the event be declared of municipal significance to
allow for the provision of a Special Occasions Permit (SOP) liquor licence.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the communication be approved.
Carried Unanimously
3. Celebrate Old Downtown/ Springlicious - requesting various in-kind services, fee
waivers, relief from the Noise By-law and that the event be declared of municipal
significance to allow for the provision of a Special Occasions Permit (SOP) liquor
licence.
RECOMMENDATION: For the consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
4. Downtown B.I.A. - requesting approval of their annual budget.
RECOMMENDATION: For the approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
5. Chippawa Public Dock Committee-requesting staff support and waiver of fees for
the 3i° Annual Run for the Docks event on June 30, 2013.
RECOMMENDATION: For the consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
6. National Public Works Week - requesting that the week of May 19`", 2013 be
proclaimed as "National Public Works Week".
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
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7. Spina Bifida and Hydrocephalus Awareness Month - requesting that June be
proclaimed as "Spina Bifida and Hydrocephalus Awareness Month".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
8. World Oceans Day - requesting that June 1s' be proclaimed as "World Oceans
Awareness Day" and June 1s' - 8' as "World Oceans Week".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
9. Canadian Tire Jumpstart Charities- requesting that May 25' be proclaimed as
"Jumpstart Day".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
10. National Health and Fitness Day - requesting that June 15' be proclaimed as
"National Health & Fitness Day".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
loannoni 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,ACOUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
MW-2013-22 - Deerfield Neighbourhood Park (Phase 1), Tender Results and Update.
The report recommends the following:
1 . The contract be awarded to the lowest bidder V. Gibbons Contracting Ltd. at the
tendered price of $ 326,679.50 excluding HST.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW-2013-23 - Contract #2013-294-13, Prince Park Improvements Project. The report
recommends the following:
1 . That the tender from Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold
ON. L2V 1A8) for the Prince Charles Park Improvements Project in the amount of
$133,279.25 (excluding HST) be approved.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
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3. That the 2013 Approved Capital Budget Expenditures be amended by the additional
$30,000 for a total expenditure of $536,000. The additional expenditure is being
funded from available funds in the Public Purpose Reserve.
MW-2013-25 - Confirmation and Amendment Agreement Niagara Region/ Town of
Niagara-on-the-Lake/ OPG Niagara Tunnel Project. The report recommends That the
terms and conditions set out in the Confirmation and Amendment Agreement for the
Niagara Tunnel Project be approved and further that the Mayor and Clerk be authorized to
execute all necessary documentation.
PBD-2013-26 - Commercial Building & Facade Improvement Grant Application.
CB&FIG-2013-004, 2268321 Ontario Inc. (Fred Procopio)4238-4240 Bridge Street.The
report recommends the following:
1 . That Council approve the Commercial Building Improvement Grant Application for
4238-4240 Bridge Street in the amount of $10,000, subject to the owner satisfying
the program requirements including obtaining the required permits.
2. That the Mayor and Clerk be authorized to sign and execute the agreement.
PBD-2013-35-Commercial Building& Facade Grant Application, New City Properties
Ltd. (Gary Dixon). 4600 Queen Street. The report recommends the following:
1. That Council approve the Commercial Building & Facade Improvement Grant
Application for 4600 Queen Street in the amount of $19,000, 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 grant agreement.
PBD-2013-36 - DB-2013-002 Deeming By-law Application North Side of Frederica
Street. Applicant: 800460 Ontario Limited. Proposed Residential Development. The
report recommends that Council pass the by-law appearing on tonight's agenda to deem
Lots 60, 61 and 62, Plan 44, to no longer be within the registered plan of subdivision to
enable them to merge.
PBD-2013-37 - Matters Arising from Municipal Heritage Committee, 2013 Designated
Property Grant Application. The report recommends the following:
That Council approve the alteration/restoration projects and grants for the following
designated properties:
(a) Mitchell Cottage, 3360 St. Patrick Avenue, owners Ron and Joan Brown for the
structural repair of the log lintel and stucco exterior on the south wall;
(b) Alexander Robinson House, 3289 St. Paul Avenue, owners Phil and Kym Cody for
the cost of the accurate reproduction of 3 windows;
(c) Egerton-Morton House, 6145 Corwin Avenue, owner Jon Jouppien for the
reconstruction of storm windows;
(d) Doran Marshall Burke House, 4851 River Road, owners Gary and Carolyne Burke,
for the replacement of one half of the cedar shingles on the Coach House.
R&C-2013-09 - Allister Young Arts & Culture Endowment Fund 2013 Recipient. The
report recommends That Council approve Lynzey Ruscitti as the 2013 Allister Young Arts
& Culture Endowment Fund Recipient.
TS-2013-20 -Speed Limits on Rural Roads.The report recommends that 60 and 70 km/h
speed limits be established on rural roads as outlined in this report.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that staff look at the possibility for 60 km/hr speed limits for Oakwood Drive,
south of McLeod Road and Kalar Road, north of Mount Carmel Boulevard.
Carried Unanimously
RESOLUTIONS
NO. 22 - PIETRANGELO - THOMSON - Therefore be it resolved that Council consents to
Celebrate Old Downtown's desire to allow for alcohol to be carried on the closed street for
this year's Springlicious; and
FURTHER BE IT RESOLVED that Niagara Falls City Council considers the sixth annual
Springlicious as an event of municipal significance and supports the provision of a Special
Occasion Liquor Licence (SOP) for the event.
Carried Unanimously
NO. 23 - PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED that Niagara
Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event
of municipal significance and supports the provision of a Special Occasion Liquor Licence
(SOP) for the event.
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
2013-72 A by-law to declare part of Lot 35 Stamford and part of Lot 70 Stamford, Plan
51 and shown on Schedule "1", surplus.
2013-73 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Standing Prohibited, Parking Prohibited, Stop
Signs at Intersections, Prohibited Turns)
2013-74 A by-law to establish Block A on Plan NS10 as a public highway, to be known
as and to form part of Lepp Avenue.
2013-75 A by-law to provide for the adoption of Amendment No. 110 to the City of
Niagara Falls Official Plan (AM-2013-001).
2013-76 A by-law to amend By-law No. 79-200, to change the zoning of the Lands to
a site specific NC zone, to permit a neighbourhood commercial development
(AM-2013-001).
2013-77 A by-law to amend By-law No. 79-200, to change the zoning of the Lands to
a site specific I zone, to permit a vineyard, winery and retail store as
secondary uses to a religious institution (AM-2013-004).
2013-78 A by-law to designate Lots 242, 319, 320 and 321, Registered Plan 40 to be
deemed not to be within a registered plan of subdivision (DB-2013-001).
2013-79 A by-law to designate Lots 60, 61 and 62, Plan 44 to be deemed not to be
within a registered plan of subdivision (DB-2013-002).
2013-80 A by-law to designate the property known as 4888 Hunter Street, being PIN
64344-0136 (LT) and being further described as Lot 472, Plan 9, Town of
Niagara Falls within the City of Niagara Falls, to be of cultural heritage value
and interest.
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2013-82 A by-law to authorize the execution of an Agreement with the Niagara Falls
Fitness Studio & Wellness Café respecting the Adopt-A-Program public
service program for volunteers.
2013-83 A by-law to authorize the execution of an Agreement with the Stamford
Interact Club respecting the Adopt-A-Program public service program for
volunteers.
2013-84 A by-law to amend by-law 2011-61, a by-law provide for citizen appointments
to certain Committees.
2013-85 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 14th day of May, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by-laws be given a second and third reading.
Carried Unanimously
NEW BUSINESS
Chippawa Parking
That staff investigate bringing parking rates and times in Chippawa in line with the
rest of the City and enhancements to the south side of the Welland River.
Carried Unanimously
Walker Family Cancer Centre
That a letter of congratulations and appreciation be sent from the Mayor's office to
the Province and the Walker Family on the ope4ning of the Walker Family Cancer Centre.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that
the meeting be adjourned at 7:40 p.m.
Carried Unanimously
OP •
DEAN IORFI , CITY CLERK JAMES M. DIODATI, MAYOR