2013/06/25 ELEVENTH MEETING
REGULAR COUNCIL MEETING
June 25, 2013
Council met on Tuesday, June 25, 2013 at 4:00 p.m. for an In Camera session. All
members of Council were present.
NO. 19 - MOROCCO - MAVES THEREFORE BE IT RESOLVED THAT on June
25, 2013, Niagara Falls Council will go into a closed meeting to consider a matters that fall
under the subject matter of 239(2)(d), labour relations, 239(2)(c)proposed property
acquisition related to Cemetery Services and 239(2)(f), advice subject to solicitor-client
privilege.
Following consideration of the items presented, the In Camera Session did not rise
and report in open session.
Council met in Council Chambers at 6:30 p.m. Councillor Pietrangelo offered the
Opening Prayer. All members of Council were present, except Councillor loannoni.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes be approved as recorded.
Carried Unanimously
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DISCLOSURES OF PECUNIARY INTEREST
Councillor Morocco indicated a pecuniary interest to cheque no. 364156, made
payable to her spouse.
Mayor Diodati indicated a pecuniary interest to cheque numbers 364249 and
364104 made payable to himself.
REPORTS
1. MW-2013-12- Cemetery Service Delivery Review
The report recommends that the recommendations outlined in this Cemetery
Service Delivery Review (June 2013) be approved and that staff be directed to implement
the proposed changes within the prescribed time lines.
Mark Richardson, Cemetery Services Administrator, provided Council with an
overview on the Cemetery Services Delivery Review.
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ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the report be approved, excluding the use of the former Recreation Building.
Carried Unanimously
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the heritage designation be removed from the former Recreation Building and that it
be demolished develop 400 cemetery plots with a corner Columbaria / Gateway
beautification initiative:
Councillor Gates NAYE Councillor Thomson AYE
Councillor Kerrio AYE Councillor Wing NAYE
Councillor Mayes AYE Mayor Diodati AYE
Councillor Morocco AYE
Councillor Pietrangelo NAYE
Motion Carried
2. MW-2013-17 - Proposed Cemetery Fee Schedule
The report recommends that Council approve the Proposed Cemetery Fee
Schedule effective August 1, 2013.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson
that the fee schedule be approved with the fee increases for Lot and Niche Sales and
Internment Services being implemented over 24 months.
Motion Carried
with Councillor Wing opposed.
3. MW-2013-31 - Weaver Cemetery Fence
The report recommends that an Agreement was made with Metrus that when they
replaced their portion of the fence, they would install the City's portion. The work has been
completed and it is time to reimburse Metrus for the City's portion of the fence.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be approved.
Carried Unanimously
4. TS-2013-30 - Downtown BIA - Various Parking Requests
The report recommends the following:
1) That Council approve the proposed adjustment to set fines for expired parking
meters being reduced from $20.00 to $15.00 in the Queen Street, Main Street and
Chippawa areas;
2) That Staff forward the proposed set fine adjustments to the Ministry of the Attorney
General's Office for approval;
3) That Council forward a resolution to the Regional Municipality of Niagara requesting
that they adjust their set fines to align with the proposed adjustments outlined in this
report;
4) That the existing 10 minute grace period applied by parking officers for expired
meters, be maintained;
5) That passes for service vehicles performing loading, unloading and cleaning duties
for the downtown BIA be provided at the standard rate, currently $84.75 for five
passes, annually;
6) That Pay and Display machines be configured to not accept coin after paid parking
hours.
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Dave Govan, Downtown BIA member and Nem Kuntos, Downtown BIA General
Manager, requested that they would like to see recommendation # 1 changed to $12.00,
not $15.00.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the recommendation report be approved with an amendment to recommendation #1, from
$15.00 to $12.00.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS 7:00 P.M.
Provincial Champions
Mayor Diodati presented plaques to the members of the Niagara Falls Daredevils
Under 12 Ringette team and Niagara Regional Athletics, who were recognized for recent
Provincial Championships in their respective sports.
Library Bequest
Lou Visentin, Chair of the Niagara Falls Public Library Board outlined the recent
bequest to the Library by the late Donald Harvey Tufts.
Greater Niagara Chamber of Commerce
Kithio Mwanzia, of the Greater Niagara Chamber of Commerce, was in attendance
and made a presentation on their "One Less Trip" campaign.
ORDERED on the motion of Councillor Gates, seconded by Councilor Wing that
Council support the "One Less Trip" campaign.
Carried Unanimously
PLANNING MATTERS 7:00 P.M.
Public Meeting
PBD-2013-42 - 26T-11-2013-01 & AM-2013-006, Windylane Draft Plan of Subdivision
and Zoning By-law Amendment Application Blocks 246 and 247, Plan 59M-366, 8891
and 8931 Forestview Boulevard. Owner: Windylane Development Inc. ( Mark
Resnick)
The Director of Planning, Building & Development reviewed the recommendations
and provided the following information.
Background
The applicant has requested approval of a draft plan of subdivision and a zoning
amendment to permit the development of two parcels of land, one parcel with a subdivision
of 21 single detached lots and 7 blocks for 41 on-street townhouse dwellings.
A Neighbourhood Open House was held on May 15, 2013.
No neighbours attended
Planning Analysis
PROVINCIAL POLICY STATEMENT & GROWTH PLAN
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The subdivision meets the target density of 53 persons and jobs per ha and provides
housing choices.
OFFICIAL PLAN & GARNER NEIGHBOURHOOD SECONDARY PLAN
Official Plan designates the land Residential.
Proposed single detached and on-street townhouses are compatible with existing
development.
on-street townhouse units maintains some multiple dwellings originally intended for this site
and neighbourhood mix.
The proposal provides a housing mix of 34% single/semi-detached and 66% multiples
which within target range set by the Secondary Plan.
Subdivision Design
Parkland requirements were satisfied through the Edgewood subdivision in 2006.
The chain link fence between the proposed subdivision and the stormwater management
pond needs to be maintained for public safety. Wood fencing should be provided to buffer
adjacent single detached dwellings from the proposed multiple units.
Municipal services are adequate to serve the subdivision.
Zoning By-law
The applicant has requested a Residential Single Family 1E Density (R1 E) zone for the
single detached lots with a site specific increase in building height . This increase is
minimal and should not have a visual impact on surrounding properties while allowing
some flexibility in design.
The applicant has requested a site specific Residential Mixed (R3) zone to permit the
proposed on-street townhouse dwellings.
To ensure the greenfield density targets are met, R3 should be limited to on-street
townhouse units.
The reductions to lot area and frontage are necessary to assist in meeting the provincially
and regionally mandated densities.
The other site specific regulations are relatively minor departures from the current
standards.
The applicant proposes to provide 2 parking spaces per unit in tandem which is acceptable
and typical of dwelling units with driveways accessible from a street. A 6 m setback in front
of the garage will ensure there is room to park a vehicle in the driveway
Conclusion
Requested approval of a draft plan of subdivision and a zoning amendment to permit the
development of a subdivision with 21 single detached lots and 7 blocks for on-street
townhouse dwellings (42 units in total).
The request can be supported for the following reasons:
• The proposal complies with Provincial and Regional policies with respect to
providing compact development in designated areas;
• The proposal complies with the Official Plan and the Garner Neighbourhood
Secondary Plan with respect to residential densities and housing mix; and
• The Plan of subdivision will provide a logical relotting of two multiple residential
blocks withing the Edgewood Estates Plan of Subdivision
Recommendation
That the Windylane Plan of Subdivision be draft approved, subject to the conditions in the
attached appendix.
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That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days
after notice of Council's decision has been given as required by the Planning Act, provided
no appeals of the decision have been lodged.
That draft approval be given for three years after which approval will lapse unless an
extension is requested by the developer and granted by Council.
That the application to amend the Zoning By-law be approved as detailed in staff report
(PBD-2013-42) to provide the necessary land use regulations to guide the development
of the proposed subdivision.
That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and
any required documents to allow for the future registration of the subdivision when all
matters are addressed to the satisfaction of the City Solicitor.
That Council pass the related Zoning By-laws appearing on tonight's agenda.
Donna Bongers, 6104 Garner Road, expressed concern with the chain link fence.
Sshe would like to see a wooden fence installed. She also expressed concerns regarding
the maintenance and weeds surrounding the retention pond, along Garner Road.
Mark Resnick, representing the developer, was in support of the staff report but
requested Council amend condition #14 related to fencing. They are opposed to the
requirement to provide wood fencing where the proposed townhouses abut single
detached dwelling lots.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the report be approved with an amendment requiring a wooden fence along the westerly
side of the development, adjacent to the retention pond, and that the concerns regarding
the weeds be referred to staff.
Carried Unanimously
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to Kathy Moldenhauer, Director of Recreation
and Culture, on the passing of her mother Daphne Goldman and to Brian Sparks, a city
employee, on the passing of his brother David Sparks.
Mayor Diodati advised of recent events: Schools in Bloom event, "Big Lots" grand
opening, St. Michael Catholic School expansion ground breaking ceremony, the Employee
Appreciation Breakfast, 2591 Anniversary Celebration of Niagara Duty Free, Heartland
Forest Nature Centre opening, Laura Secord Bicentennial Commemorative Walk, Senior
Star at the Coronation Centre, Fallen Hotrodders Car Show.
Mayor Diodati advised of the Canada Day celebrations..
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1.a SCVFA Blues in the Park - requesting relief from the City's Noise By-law to allow
outdoor music until 10:30 p.m. for their Thursday concert series.
b Heater's Heroes - requesting relief from the City's Noise By-law to allow outdoor
music until 11:00 p.m. for their event on August 10').
RECOMMENDATION: For the Approval of Council.
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ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the requests be approved.
Carried Unanimously
2. Celebrate Downtown_ Request that Council waive the costs of the street closures
commencing June 30°i at 6 p.m. and reopen July 15`.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo 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,A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
F-2013-37 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $23,467,645.22 for the period May 9, 2013 to June 5, 2013.
F-2013-38 - Monthly Tax Receivables Report. The report recommends That Council
receive the Monthly Tax Receivables report for information purposes.
F-2013-41- Property Purchase - Lot 14,16 Blocks 24& 25 Plan 59R-12473 Colangelo
Estates. The report recommends to amend the 2013 Capital Budget.
MW-2013-32 - Chippewa Boat Ramp Playground, Sinking Ship Entertainment The
report recommends the following:
1 . That the Mayor and City clerk be authorized to execute an agreement with Sinking
Ship Entertainment for the TVO television show location, conditional upon approval
from Ontario Power Generation.
2. That a project budget of $17,000 be added to the 2013 Capital Budget Program.
MW-2013-34 - Ailanthus Avenue Reconstruction Dunn Street to McLeod Road. The
report recommends the following:
1. The contract be awarded to the lowest bidder Demar Construction at the lowest
price of $1,258,191.34.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW-2013-35 - Replacement of Miller Road Bridge and Replacement of Lemon Road
Bridge. The report recommends the following:
1. The contract be awarded to the lowest bidder Anthony's Excavating Central Inc. at
the lowest price of $979,263.50
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
PBD-2013-44 - CB&FIG-2013-007 and CB& FIG-2013-008, 4606 and 4608 Queen
Street, Legacy Restorations Property Ltd - Candace Legacy. The report recommends
the following:
1 . That Council approve the Commercial Building & Facade Improvement Grant
Applications for 4606 and 4608 Queen Street in the amount of$19,500, subject to
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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 agreements.
PBD-2013-45 - Matters Arising from Municipal Heritage Committee. Request to
Demolish 5031 River Road. The report recommends that Council direct staff to remove
the property at 5031 River Road, Niagara Falls from the Municipal Register of Heritage
Properties and authorize the processing of a demolition permit application.
TS-2013-29 -Kalar Road Speed Limit Review. The report recommends that the existing
80 km/h speed limit on Kalar Road between Mount Carmel Boulevard and Montrose Road
is maintained.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the reports on the Consent Agenda be approved and that PBD-203-45 be pulled.
Carried Unanimously
F-2013-39 - General Insurance Report. The report recommends That Council approve
the 2013-2014 Comprehensive Insurance Program from Frank Cowan Co. Ltd.
ORDERED on the motion of Councillor Gates, seconded by Councillor Thomson
that the report be approved with the understanding that staff go out with an RFP in 2014.
Carried Unanimously
F-2013-40 - 2013 Schedule of Fees for Services. The report recommends that the
Schedule of Fees By-law, listed under the by-law section of the agenda, be approved.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the report be approved as recommended.
Carried Unanimously
RESOLUTIONS
NO. 27 - PIETRANGELO - MAVES - Therefore be it resolved that the Province of Ontario
be petitioned to amend the Assessment Act to allow for a phase-in of assessment increases
for properties changing from a residential to a commercial use.
NO. 28 - PIETRANGELO - MAVES - Therefore be it resolved that Niagara Falls City
Council considers the third annual Heaters Heroes Run for Children to be an event of
municipal significance and supports a stadium endorsement for the provision of alcohol in
the stands at Oakes Park for their event on August 10th, 2013.
Carried Unanimously
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BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by-laws be given a first reading.
Carried Unanimously
2013-105 A by-law to amend By-law No. 395, 1966, to permit a home industry on the
portion of the Lands zoned Rural (AM-2013-005).
2013-106 A by-law to authorize the payment of $23,467,645.22 for General Purposes.
2013-107 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 259h day of June, 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
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NEW BUSINESS
Second Avenue
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing
that the correspondence regarding prohibiting parking pads or front yard driveways be
referred to staff for a report.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the meeting be adjourned at 9:25 p.m.
Carried Unanimously
DEAN IORF 1,4
, CITY CLERK JAMES M. DIODATI, AYOR