2013/05/28 NINTH MEETING
REGULAR COUNCIL MEETING
May 28, 2013
Council met on Tuesday, April 23, 2013 at 4:30 p.m. for an In Camera session. All
members of Council were present.
NO. 19 - IOANNONI -MOROCCO - THEREFORE BE IT RESOLVED THAT on Tuesday,
May 28, 2013 Niagara Falls Council will go into a closed meeting to consider a matter that
falls under the subject matter of 239(2)(c), proposed or pending disposition of City lands
and 239(2)(f) solicitor-client related Part 1 in Plan 59R-13639(east of Montrose Road, west
of Kinsmen Court).
Carried Unanimously
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
Council met in Council Chambers at 5:20 p.m. Councillor Mayes 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 amended.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor loannoni indicated a pecuniary interest to cheque no. 363512 made out
to herself; and an indirect pecuniary interest to cheque no. 363758 made payable to a
member of her family.
Mayor Diodati indicated a pecuniary interest to cheque no. 363491, made payable
to himself.
REPORTS
LEGAL/PROPERTY MATTERS
1. L-2013-21 - Declare Surplus City Owned Land Abutting 4603 Lyon's
Parkway
The report recommends that part of Lot 20 Concession 3 Willoughby; Niagara Falls as
shown hatched on the attached location map ("subject lands") be declared surplus, to the
requirements of the City of Niagara Falls.
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ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
2. L-2013-24 - Licence Agreement with the City, Parts 1 and 5 on Reference Plan
59R-133390 (Grassy Brook Road).
The report recommends the following:
1. That the City enter into a temporary Licence Agreement with 2285045 Ontario Inc.
permitting 2285045 Ontario Inc. to use Parts 1 and 5 on Reference Plan 59R-
13390 of the Land Registry Office of the Land Registry Division of Niagara South
(No. 59) as a right of way for vehicles coming to and from the Grand Niagara Golf
Club, for a term of one year.
2. That the use of the right of way be restricted strictly to vehicles coming to and from
the Grand Niagara Golf Club for purposes of utilizing the amenities of the Club.
3. That the use of the right of way by construction vehicles be prohibited.
4. That the right of way be subject to a condition that the right of way be signed, to
clearly indicate that it is a temporary means of access to the Golf Club.
5. That the cost of the temporary licence be fixed at $500.00.
6. That the posted speed limit of Grassy Brook Road between the western limit of
Montrose Road and the eastern limit of Part 5 on Reference Plan 59R-13390 of the
Land Registry Office of the Land Registry Division of Niagara South (No. 59) be
reduced to 40 kilometres an hour.
7. That the Mayor and Clerk be authorized to execute said Licence Agreement.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the report be approved as recommended.
Carried Unanimously
1. F-2013-24 - Library Update
The report recommends that finance staff work with Library staff to perform a
financial review of operations and report back to Council prior to the 2014 Budget
commencing.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved as recommended.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati congratulated Colin Seymour, a long-time city employee on his recent
retirement.
Mayor Diodati advised of recent events: Beijing Urban Construction Road and
Bridge Group delegation from China, Miss Universe Canada, Respect for Law Awards, his
visit to Ottawa to promote Bill C-290, on sports betting at casinos, Chippawa Dock
Dedication,Amway India meet and greet, and the Lion's Club Purina Walk for Guide Dogs.
Mayor Diodati advised of upcoming events: Federation of Canadian Municipalities
Conference, the Snowbirds flight over the Falls, the Walk for Lupus and Springlicious.
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Minister Responsible for Seniors - requesting that the month of June be
proclaimed as "Seniors Month" and that June 151h be recognized as " World Elder
Abuse Awareness Day" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the request be approved.
Carried Unanimously
2. Regional Municipality of Niagara -that the terms of reference outlined in Report
ICP 43-20-13, "Federation of Canadian Municipalities (FCM) Conference Niagara
2014" be endorsed by Council.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the terms of reference be endorsed.
Carried Unanimously
3. Niagara Association of Realtors -correspondence opposed to the municipal land
transfer tax, currently only allowed in the City of Toronto.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the communication be received and filed for information.
Carried Unanimously
4. Filipino Canadian Association - Request for Flag Raising on June 12`"
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the request be approved.
Carried Unanimously
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RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the recommendations from the May 28'", 2013 meeting be approved:
1 . L-2013-23
DCL Healthcare Properties Inc.
Proposed Purchase from the City
1. That Council accept the Offer to Purchase the lands described as Part 1 on
Reference Plan 59R-13639 ("subject lands"), at the revised price of
$700,000.00, plus H.S.T.
2. That the Mayor and Clerk be authorized to execute all necessary document
to carry out the foregoing.
Carried Unanimously
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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.
F-2013-30 - 2013 Property Tax Rates. The report recommends that Council approve the
2013 Property Tax Rates.
F-2013-31 - Final Tax Notice Due Dates. The report recommends that June 28 and
September 30 be approved as the 2013 Final Due Dates for the Residential, Pipeline,
Farmland and Managed Forest Assessment Classes.
F-2013-32 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
F-2013-33 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $14,812,702.02 for the period
April 4, 2013 to May 8, 2013.
MW-2013-21 - 2013 Capital Equipment Purchases. The report recommends that the
2013 Capital Equipment Purchase Program be approved and further that staff be directed
to proceed with the acquisition and disposal of equipment in accordance with the City's
Purchasing Policy.
PBD-2013-40 - PLC-2013-006, Request for Removal of Part Lot Control Block 115,
Plan 59M-379, 5808 to 5828 Osprey Avenue, 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 115 on Registered Plan 59M-379, as exempt from Part Lot
Control for a period of three years; and
2. That the developer be required to notify the City when the new deeds for the lots
have been registered.
TS-2013-21 - Traffic Sign Retro-Reflectivity. The report recommends that this report is
received for the information of Council.
TS-2013-27 - Sylvia Place - 2 hour Free Parking and Tour Bus Loading Zone. The
report recommends the following:
1) That a two hour free parking (no reparking for five hours) zone, be established, on
the east side of Sylvia Place, from a point 15 metres north of Peer Street to a point
125 metres south of Ferry Street
2) That a Tour Bus Loading Zone be established on Sylvia Place, south of Ferry
Street, along the east side of the Niagara Falls Museum.
3) That No Parking restrictions be implemented on the west side of Sylvia Place from
Peer street to the proposed Tour Bus Loading Zone and on the east side of Sylvia
Place from Ferry street to a point 31 metres south of Ferry Street.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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MW-2013-26 - Kalar Road Reconstruction Westwood Street to Lundy's Lane and
Intersection Improvements at Lundy's Lane (Regional Road) and Kalar Road. The
report recommends the following:
1. The contract be awarded to the lowest bidder Alfidome Construction Ltd. at the
tendered price of $2,405,314.50.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW-2013-27 -Edgewood Estates Subdivision 59M-366 - Incomplete Work -Fencing.
The report recommends that staff be authorized to utilize current securities to complete the
remaining fence installation as set out in the Subdivision Agreement.
MW-2013-28 - Warren Woods Phases 1 and 2, Request to Amend Subdivision
Agreement - Staging Revisions. The report recommends That Council agree to amend
the existing Warren Woods Phases 1 and 2 Subdivision Agreement to reflect a proposed
re-configuration of Phase 2 Stage 1 of the Development into further stages of 1A and 1B,
resulting in revised amounts of Development Charges.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that reports MW-2013-26, MW-2013-27 & MW-2013-28 be approved as recommended.
Carried Unanimously
NEW BUSINESS
Tapestry Court
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that staff attempt to rectify the complaint on Tapestry Court and, if unsuccessful, bring back
a report on the drainage and adherence to the lot plan.
Carried Unanimously
Canadian Tourism Commission
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that Council go on record opposed to the CTC cutting advertising to the U.S. market and
copy the correspondence to the local member of Parliament.
Carried Unanimously
The Big Move
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that Council send a correspondence supporting the efforts to fund transit within
the Greater Toronto and Hamilton area.
Carried Unanimously
McLeod Road
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that staff investigate an appropriate walkway to improve accessibility in the vicinity of the
Boys and Girls Club.
Carried Unanimously
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PRESENTATIONS/DEPUTATIONS 7:00 P.M.
National Access Awareness Week
Members of the Mayor's Disability Advisory Committee were in attendance to have
the week of May 26 - June 1s1 proclaimed as "National Access Awareness Week" and to
present the Patrick Cummings Award to representatives of the Boys & Girls Club of
Niagara for their efforts in making their facility accessible.
ORDERED on th motion of Councillor Kerrio, seconded by Councillor Gates that the
week of May 26th - June 1st be proclaimed as "National Access Awareness Week" in the
City of Niagara Falls.
Carried Unanimously
-AND-
HR-2013-02 - AODA (Integrated Accessibility Standard Regulation Policy)
The report recommends the following:
That Council approve the attached AODA (Accessibility for Ontarians with Disabilities Act)
Corporate Policy and Accessibility Plan for the City of Niagara Falls; and
That this Accessibility Plan (the "Plan") be forwarded to the Province of Ontario's
Accessibility Directorate as documentation of the City of Niagara Falls compliance with the
AODA; and
That the informal staff team, on accessibility issues, meet as a group, at least, three (3)
times a year.
ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried Unanimously
Steve Ludzik, Tim Houwser and Rick Vaive made a brief presentation to Council, extending
an invitation to the Scotiabank Convention Centre for a roast honouring Bobby Hall to
benefit Parkinson's on Friday, August 9th, 2013.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson
that Council sponsor a table.
Carried Unanimously
PLANNING MATTERS 7:00 P.M.
Public Meeting
PBD-2013-39, AM-2013-005, Zoning By-law Amendment Application
5038 Marshall Road, Applicants: Michael and Joan Stoll. Home Industry (Machine
Shop)
The Director of Planning, Building & Development reviewed the recommendations
and provided the following information.
Proposed Application
A Zoning By-law amendment is requested to permit a machine shop on a permanent basis
as a home industry accessory to the agricultural and residential uses on the property.
A detached dwelling and accessory building are located on the northerly 10 ha (25 ac)
wooded portion. The southerly 9 ha (22 ac) is used for crop farming.
A machine shop has been allowed in the 335 sq m (3600 sq ft) accessory building through
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a series of temporary use by-law since 2000 and the current temporary use by-law expires
on May 31, 2013.
The land is zoned Rural, in part and Conservation and Open Space, in part by By-law No.
395, 1966.
Neighbourhood Open House
Held on April 24,2013. No neighbours attended to hear about the proposal or to ask
questions.
Planning Analysis
PROVINCIAL POLICY STATEMENT & REGIONAL POLICY PLAN
Property is considered a prime agricultural area by the Provincial Policy Statement (PPS)
and is designated Good General Agriculture by the Regional Policy Plan.
Regional policies allow for home industries to assist in the viability and sustainability of
agricultural operations.
The machine shop will be a secondary use conducted by a resident of the property.
The scale of the home industry will be controlled and a separate parcel for this use cannot
be created in the future.
The farmed portion and the area where the dwelling and machine shop are located are
designated Good General Agriculture in the City's Official Plan.
The proposal complies with the OP as follows:
• machine shop is permitted as a secondary use on Good General Agriculture lands;
• the southerly half of the property has been actively farmed, while most of the
northerly part has been conserved as a woodlot. Recognizing the existing home
industry as a secondary use will not adversely impact the continued viability of the
agricultural use of the property.
Zoning
The Rural zoning over the majority of the property permits agricultural uses, a single
detached dwelling and an accessory structure.
The applicant has requested that the machine shop be permitted on a permanent basis as
a home industry operated by the resident of the property.
A definition of Home Industry is to be included in the amending by-law is as follows:
"Home Industry" means a studio or shop for artisans, crafts persons, and trades persons,
which is subordinate to and accessory to an agricultural operation or dwelling and which
shall be conducted within an accessory building or structure by the resident of the property.
Such use does not include a body shop.
The following site specific provisions are recommended:
• Restrict the floor area of the home industry to 335 sq m (3600 sq ft), the current size
of the machine shop.
• Require a minimum lot size of 19 ha (47 ac) to prevent a separate parcel from being
created for the home industry in the future.
Conclusion
The amendment can be supported as follows:
• Regional policies and the City's Official Plan permit home industries;
• Allowing the machine shop to continue permanently as a home industry will not
adversely affect the farmed portion of the property;
• Keeping the home industry to its current size and requiring the entire lot area to
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continue the operation will ensure the use remains secondary and agricultural
viability of the lot is not affected.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the by-laws be given a first reading.
Carried Unanimously
2013-86 A by-law to declare part of Lot 20 Concession 3 Willoughby and shown on
Schedule "1", in the City of Niagara Falls, surplus.
2013-87 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Speed Limits on Highways - Part 2 (60 km/h),
Speed Limits on Highways - Part 3 (70 km/h))
2013-88 A by-law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 2013.
2013-89 A by-law to designate Block 115, Registered Plan 59M-379, not be subject to
part-lot control (PLC-2013-006).
2013-90 A by-law to amend By-law No. 79-200, to change the zoning of the Lands to
a site specific R5B zone, to permit the conversion of the existing dwelling into
a 4 unit apartment dwelling (AM-2013-002).
2013-91 A by-law to authorize the execution of a Subdivision Agreement with
Queensway Chippawa Properties Inc. respecting Chippawa West Phase II-
Stage 1A Subdivision, subject to all conditions of the Subdivision Agreement
being met to the satisfaction of the Director of Planning, Building and
Development.
2013-92 A by-law to authorize the payment of $14,812,702.02 for General Purposes.
2013-93 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 28th day of May, 2013.
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 Thomson, seconded by Councillor loannoni
that the meeting be adjourned at 7:25 p.m.
Carried Unanimously
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DEAN IORFID , CITY CLERK MES M. DIODATI, MAYO