2013/08/13 FOURTEENTH MEETING
REGULAR COUNCIL MEETING
August 13, 2013
Council met on Tuesday, August 13, 2013 at 4:00 p.m. for an In Camera session.
All members of Council, except Councillor Maves were present.
NO. 32 - PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED THAT
on August 13, 2013, at 4:00 p.m., Niagara Falls Council will go into a closed meeting, prior
to their regularly scheduled meeting at 5:00 p.m. to consider matters that fall under the
subject matter of 239(2)(f), advice subject to solicitor-client privilege regarding 4171 Fourth
Avenue and the OLG Municipal Contribution Agreement, and a matter that falls under the
subject matter of 239(2)(d) labour relations.
Following consideration of the items presented, the In Camera Session did rise and
report in open Council.
Council met in Council Chambers at 5:50 p.m. Councillor Gates offered the Opening
Prayer. All members were present.
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that
the minutes of July 9 & 23, 2013 be approved as recorded.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated an indirect pecuniary interest with MW-2013-39, as her
husband has a contractual relationship with one of the principals.
Councillor Thomson indicated a pecuniary interest with MW-2013-39.
Councillor Kerrio indicated a conflict with MW-2013-39 as it pertains to an abutting
property owner.
Councillor Pietrangelo indicated a pecuniary interest to a wire transfer, made
payable to the Niagara Catholic District School Board, his employer.
Mayor Diodati indicated a pecuniary interest to cheque number 365028, made
payable to himself.
Request for L-2013-31 to be moved ahead.
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August 13, 2013
L-2013-31 - Consent to Assignment of Lease, 4071 Bridgewater Street. Sheridan
(Wayne and Joanne) to McKinley (Mary-Ann). The report recommends the following:
1 . That the City consent to an Assignment of the Lease over the property known
municipally as 4071 Bridgewater Street, in the City of Niagara Falls, from Wayne
Sheridan and Joanne Sheridan to Mary-Ann McKinley; and
2. That the Mayor and Clerk be authorized to execute the said Consent.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved as recommended.
Carried Unanimously
PROPERTY MATTERS
1 . L-2013-32 - Marineland Proposed Lease from the City of Two Additional
Parcels; One abutting the Main entrance; and the other being the WEGO bus
stop Part of Portage Road.
The report recommends the following:
That, if Council determines that the common law rights of passage over the subject
lands are surplus to the needs of the City and determines that leasing the subject
lands to Marineland is in the public interest:
1. The City enter into an individual Lease for each of the subject parcels of land, on
the same terms as the Lease dated June 12, 2012, between the City and
Marineland of Canada Inc. concerning other parts of the Portage Road road
allowance; and
2. The Mayor and Clerk be authorized to execute whatever documents are required
to implement Recommendation 1 .
Tom Richardson, Sullivan Mahoney, on behalf of Marineland Canada Inc., clarified
the leased property and Marineland's need for the property. A copy of the survey of the
property was handed out. Mr. Richardson advised that additional temporary traffic lights
have been installed and outlined the recent court injunction against Dylan Powell of the
Marineland Animal Defence (MAD).
Brian Calvert, Fenwick, expressed concern that the lease creates an unsafe
situation for pedestrians.
Mike Garrett, St. Catharines, an activist, not affiliated with MAD, feels the leases are
for the purpose of thwarting protest and that there is no evidence of confrontations by
protestors with the general public.
Gillian Detillio, St. Catharines, an independent activist, not affiliated with MAD,
outlined the concerns she expressed last year, that the leases were an attempt to thwart
protest and not for safety of beautification, have been confirmed. She outlined her belief
of animal neglect by Marineland.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the recommendation report be approved.
Motion Carried
with Councillor Gates and Wing opposed.
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August 13, 2013
REPORTS
1 .a) PBD-2013-51 - Matters Arising from the Municipal Heritage Committee, 7565
Lundy's Lane - former School of Green's Corners
The report recommends that Council receive the motion from the Municipal Heritage
Committee contained in this report.
Felix Pingue requested that Council defer demolition and look at the adaptive re-
use of the building for niches. He also volunteered to fix the building.
John Garrett, 4337 Simcoe Street, indicated that he does not want to see the
building demolished.
Jean Grandoni, advised that she would like to see the building restored. The former
school house at the corner of Garner and Beaverdams is a good example of what can be
done with an old school house.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing
that staff report back on the costs associated with retro-fitting the building for a
columbarium. Motion Carried
with Councillors Mayes, loannoni, Thomson and Morocco opposed.
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
that the report PBD-2013-51 be received as recommended.
Motion Carried
with Councillor Thomson opposed.
k * * * *
1.b) CD-2013-05 - 7565 Lundy's Lane
The report recommends that Council direct staff to proceed with the steps to repeal
the designating by-law (2010-90) as per section 31 of the Ontario Heritage Act.
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
that CD-2013-05 be deferred.
Motion Carried
with Councillor Thomson opposed.
2. R&C-2013-14 - Artificial Turf Field Options
The report recommends the following:
1. That Council direct staff to further investigate the possibility of building an artificial
turf field at E.E. Mitchelson field #10 or Oakes Park #1 or M.F. Ker Park.
2. That a community and stakeholder meeting be scheduled in the Fall 2013 to
discuss the recommended location options.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that
the report be deferred.
Carried Unanimously
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August 13, 2013
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF RE PORTS 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-2013-44 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $15,867,936.07 for the period June 20, 2013 to July 4, 2013.
F-2013-45 - Monthly Tax Receivables Report. The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
HR-2013-03 - Employee Benefits - Sun Life Assurance Company of Canada. The
report recommends that Council approve Sun Life Assurance Company, as the sole
insurance carrier of employee benefit coverage for Life Insurance, Extended Health,
Weekly Indemnity, Dental Coverage and Long Term Disability.
L-2013-30 - Ontario Power Generation Inc. Licence Amending Agreement with the
City Chippawa Boat Ramp. The report recommends the following:
1 . That the City enter into a Licence Amending Agreement (the "Agreement") with
Ontario Power Generation Inc. ("OPG") with respect to the use of its lands for the
purpose of public recreation, motor vehicle parking and to operate a boat ramp.
2. That the Mayor and Clerk be authorized to execute said Agreement.
MW-2013-39-Portage Road/Rail Corridor Maintenance Agreement, 2095527 Ontario
Limited, c.o.b. as Fallsvew Group (Menechella). The report recommends that Council
authorize the Mayor and Clerk to execute a Maintenance Agreement with 2095527 Ontario
Limited, c.o.b. as Fallsview Group, to permit the landscaping, maintenance and use of the
former CP Rail lands, as outlined in this Report.
MW-2013-41 -Asphalt Overlay Phase 2, Tender Award -Contract#2013-03.The report
recommends the following:
1 . That the contract be awarded to the lowest bidder Circle P Paving at the tendered
price of $457,975.00.
2. That the scope of work of the Phase 2 Overlay contract be expanded to fully utilize
the total amount budgeted for the 2013 Overlay Program.
3. That the Mayor and Clerk be authorized to execute the necessary contract
documents.
PBD-2013-55 - Official Plan 5 Year Review. The report recommends that Council
authorize Staff to initiate a 'Special Meeting of Council' to obtain public input into the 5 year
review of the City's Official Plan as required under Section 26 of the Planning Act.
PBD-2013-57 - Update Concerning Appeal of Regional Policy Plan Amendment 2-
2009. The report recommends that Council direct the City Solicitor to withdraw from the
Ontario Municipal Board hearing regarding Regional Policy Plan Amendment 2-2009.
TS-2013-33 - Transit Agreement with Niagara College Student Administrative
Council. The report recommends the following:
1 That Niagara Falls Transit services be provided to full-time Niagara College
students for the school year September 2013 through April 2014.
2. That Niagara Falls Transit service is extended to the campuses of Niagara College.
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August 13, 2013
3. That the municipality enter into a one year agreement with Niagara College Student
Administrative Council to provide the service at full cost recovery.
4. That the Mayor and City Clerk be authorized to execute the necessary agreement.
TS-2013-36 - Transit Agreement with the Town of Fort Erie. The report recommends
the following:
1) That the municipality enters into an agreement with the Corporation of the Town
of Fort Erie to supply transit service at full cost recovery.
2) That the Mayor and City Clerk be authorized to execute the necessary
agreement.
TS-2013-32 - Portage Road Re-alignment - Fallsview Blvd. to Marineland Pwy.
Request for Proposal*. The report recommends the following:
1) Delcan Corporation be hired to complete the Class C Environmental Assessment
in response to Request for Proposal RFP06-2013
2) That the Mayor and Clerk be authorized to execute the necessary agreements
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the reports on the Consent Agenda be approved.
Carried Unanimously
with Councillors Kerrio, Thomson and Wing indicating conflicts with MW-2013-39.
PLANNING MATTERS
Public Meeting
PBD-2013-53 - AM-2013-011, Zoning By-law Amendment Application, 6218
Dorchester Road. Applicant: Mile Manojlovich, Agent: Brian Sinclair. Expansion to
an Existing Apartment Building
Background
A Zoning By-law amendment application is requested to permit the construction of a 3
storey, 6 unit addition onto the rear of a 2 1/2 storey, 9 unit existing apartment building.
Land is zoned Residential Apartment 5A Density (R5A) and is requested to be changed
to Residential Apartment 5B Density (R5B) with site specific regulations for lot frontage,
lot area, northerly side yard width, landscaped open space coverage, building height and
minimum number of parking spaces.
NEIGHBOURHOOD OPEN HOUSE
Held on July 8, 2013 with 9 neighbours in attendance.
Concerns raised about loss of privacy, impacts from floodlighting, increased traffic in the
parking lot and servicing.
Some neighbours suggested that completely screening the neighbouring properties by
trees would alleviate concerns.
Applicant advised he was willing to work with residents at the site plan stage where most
of these concerns could be dealt with.
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August 13, 2013
Planning Analysis
Provincial Policy Statement and Growth Plan
Provincial policies required 40% of all residential development to occur through
intensification within a municipal built-up area by the year 2015.
Development represents one form of intensification.
OFFICIAL PLAN
Designated Residential in the Official Plan
Apartment buildings up to 3-4 storeys and with densities up to 75 units /ha can be
considered on the periphery of residential neighbourhoods where they have access to
arterial roads, transit systems, proximity to schools, parks and neighbourhood commercial
facilities.
OPA No. 94 which was recently approved by Council would permit an apartment building
up to 4 storeys and have a density of 75 un/ha. This amendment has been appealed so
new policies not yet in effect.
Proposed development conforms as follows:
• Site is located on periphery of Corwin Neighbourhood has direct access to
Dorcehster Rd. An arterial road. No traffic impacts are expected.
• Site is close to community park, a public elementary school, and is within walking
distance of a neighbourhood commercial facilities.
• Proposal has a maximum building height of 3 storeys and a density of 75 un/ha
which conforms with existing policies and proposed policies of OPA No. 94.
• Proposal is compatible with surrounding low density residential;
• Existing building and proposed addition are consistent with the building heights and
densities of nearby apartment buildings and reflects the mix of housing types
existing.
• Use of landscape and buffering can further screen proposed expansion and parking
from surrounding properties.
Zoning
Currently zoned Residential Apartment SADensity (R5A)
Applicant is requesting lands be zoned site specific, Residential Apartment 5B Density
(R5B) to accommodate the project. Building height, setback and lot coverage of R5A and
R5B are the same.
R5B zone requires the following:
• Distance from rear lot line: 10 m. - proposed: 25 m.
• Setback from southerly side lot line: 6 m — proposed: 14 m.
Site Plan
Many of the measures necessary to mitigate impacts on surrounding residents and
address their concerns can be dealt with at this stage.
Conclusion
The amendment can be supported because:
• The proposal conforms to the Official Plan in terms of location and density of low
rise apartment buildings;
• The proposed building setbacks from the adjacent single detached lots will ensure
the addition is removed from existing single detached dwellings; and,
• The use of tree planting and landscaping, as determined at the site plan stage, can
assist in screening adjacent single detached dwellings from the proposed
expansion.
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August 13, 2013
Recommendation
That Council approve the Zoning By-law amendment application to rezone the property to
site specific Residential Apartment 5B Density (R5B) to permit the construction of a 3
storey, 6 unit addition onto the rear of the existing 2 1/2 storey 9 unit building.
Will Rempel, opposed to the development feeling it is in the "backyards" of nearby
properties. There will be a loss of privacy, increased traffic and a development, that in his
opinion, does not fit the character of the property. He felt the peaked roof was more
intrusive and the owner has not been cooperative in the past regarding impacts such as
garbage and lighting.
Brian Sinclair, agent for the applicant, indicated that the design has been done to
be unobtrusive and attractive. Windows on the south side are to provide sunlight for a
hallway and are not associated with units. Because the units are one-bedroom apartments
there will be little additional traffic impacts. He welcomed the neighbours as part of the site
plan process to allow for other mitigating measures such as trees.
Chris Cristelli, for the applicant, outlined the design.
The Public Meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo, that the application be denied.
Carried Unanimously
Public Meeting
PBD-2013-54-AM-2013-012,Zoning By-law Amendment Application,6570 Frederica
Street. Applicant: 800460 Ontario Ltd. (Eric Henry). Agents: Rocco Vacca, Sullivan
Mahoney LLP and Al Heywood, Matthews, Cameron, Heywood Surveying. Proposed
40 Unit Townhouse Development
Proposed Application
A Zoning By-law amendment application is requested to permit the development of a 40
unit townhouse project.
Majority of lands are zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)-
895) with site specific regulations that permit 33 semi-detached and/or townhouse
dwellings.
Small portion of lands part of former park are zoned Open Space.
Applicant is requesting the whole of the lands be placed under a new R4 zone with
additional site specific regulations.
NEIGHBOURHOOD OPEN HOUSE
Held July 8, 2013 with 7 neighbours present.
Questions about building design and future redevelopment of park.
Residents expressed no concerns with the development and requested to be involved in
further discussions on the park redevelopment.
Planning Analysis
Provincial Policy Statement & Regional Policy Plan
Provincial policies require 40% of all residential development to occur through
intensification within a municipal built-up area by the year 2015.
Development represents one form of intensification.
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August 13, 2013
Official Plan
Designated Residential in Official Plan
Lands can be considered for medium density forms of housing up to 50 units/ha because
they are located on a collector road.
Proposed development would add 7 units to 33 units already permitted on the property.
Proposal would raise the density to 33 units/ha which is considered medium density and
would be compatible and complementary to neighbourhood
Zoning
Most of property is zoned site specific Residential Low Density, Grouped Multiple Dwellings
(R4(H)-895).
Current site specific regulations permit the majority of the land to be developed with 33
semi-detached and townhouse dwelling units.
New site specific R4 zone is requested which would incorporate most of the current site
specific regulations.
Typical lot area standards in R4 zone is 250 sq m. A lot area of 300 sq m will ensure that
no more than 40 units are built.
Reduction in exterior side yard is necessary to accommodate a single unit flanking
Frederica St.
Increase in lot coverage is necessary to accommodate bungalow townhouses which have
larger building footprints.
Proposed distance separation of 3 m between townhouse blocks is consistent with the
Ontario Building Code.
Conclusion
The amendment can be supported as follows:
• Proposal conforms with Official Plan's locational requirements for medium density
housing and is compatible with surrounding development in design and building
height
• Requested changes to zoning standards are minor in nature; and
• Holding (H) regulations that currently apply, requiring a noise study, environments
assessments and Record of Site Condition will continue to apply.
Recommendation
That Council approve the Zoning By-law amendment application to place the lands under
a new site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to
permit the number of townhouse dwelling units to be increased from 33 to 40.
Nancy Vandermark, expressed the green space is already limited and does not want
to see any further reductions.
Lydia Noble, on behalf of Bruno Primerano,6469 Cook Street, felt there would be
increased traffic.
Victor Muratori, Sullivan Mahoney, on behalf of the applicant provided the
background. There was a exchange of parcels with the City to allow for a better
development. Traffic in the area is not at capacity. The developer has financially
contributed to the redevelopment of the park space. The driveways within the development
are all internal and the proposal is at the low end of medium density.
The Public Meeting was Closed.
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August 13, 2013
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the report be approved.
Motion Carried
with Councillor Morocco opposed
Public Meeting
PBD-2013-56 - AM-2013-009, Zoning By-law Amendment Application, 8056 McLeod
Road. Applicant: Urban & Environmental Management Inc. Owner: John Lee.
Proposed 125 Unit, 12 Storey Apartment Building
Proposed Application
Applicant proposes to construct an apartment building on a property which contains a
Provincially Significant Wetland (PSW).
Currently zoned Light Industrial and requested zoning change is to Residential
Apartment 5E Density (R5C) in part, and to Environmental Protection (EP) in part to
prohibit development within the PSW and its associated buffer.
Site specific regulations requested include: reduction to minimum lot area per dwelling;
minimum interior side yard depth, minimum required parking and increase in maximum
building height.
NEIGHBOURHOOD OPEN HOUSE
Held July 3, 2013.
Attended by owner and neighbouring property owners.
No objections to the application were expressed.
Planning Analysis
Provincial Policy Statement & Regional Policy Plan
Application conforms to Growth Plan and is consistent with Provincial Policy Statement
as follows:
• Involves development of land within urban boundary and built up area;
• Makes efficient use of existing infrastructure and services;
• Proposed density of 155 units/ha will help support transit;
• Contributes to mix of residential uses by providing high density housing;
• Maintains appropriate setbacks from the PSW, thereby protecting the natural
heritage feature.
Official Plan
Subject land within Garner South Secondary Plan and designated High Density
Residential, in part and Environmental Protection, in part.
The application complies with applicable policies of the plans as follows:
• Proposed height of 12 storeys and density of 155 units/ha is supported by the
Residential, High Density designation. Density in excess of 125 units/ha is
supported where properties are in proximity to the Niagara Square Retail district
and east of Kalar Rd.
• Building is designed with two tiers so that front of the building is 9 storeys to help
reduce massing of the building at McLeod Rd. Surrounding lands are either
currently developed with high density residential uses or are designated for future
high density uses.
• Majority of parking for site is underground and remaining parking is located in the
rear yard. Parking layout provides good vehicle movement on site and not create
any traffic problems on McLeod Rd.
• Proposed 155 units would contribute approximately 5 years to the supply of dwelling
units in apartment buildings within the City.
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August 13, 2013
• Applicant's environmental impact study which was approved by the NPCA has
determined that the location of the building maintains an appropriate setback from
the PSW, includes a 15 m buffer and will not negatively impact ecological function
of PSW.
• Phase Two ESA is required for the site. A holding provision (H) will be included in
zoning for the property, for this Phase Two ESA to be completed at a later date.
Zoning
Currently zoned Light Industrial (LI) and requested to be changed to a Residential
Apartment 5E (R5E) Density zone.
Several site specific amendments as follows:
• Minimum Lot Area: Required — 67 sq. m /unit Requested — 62 sq. m /unit
• Min interior side yard width: Required — 13.16 m, Requested — 5.6 m. (east side)
• Max. Height: Required — 25 m. Requested — 39.5 m.
• Minimum Parking: Required 175 pkg spaces Requested — 172 pkg spaces
Conclusion
The amendment can be supported as follows:
• The application involves development within a settlement area, which is
contemplated by Provincial, Regional and City policies;
• The proposed height and density is appropriate and supported by the Garner South
Secondary Plan;
• The proposed building is 9 storeys at the front of the building which will help reduce
the impact of massing of the building at street level;
The reduced side yard setback can be supported since the buildable area of the
property is constrained by a Provincially Significant Wetland,
• A holding provision will be used to ensure a Phase Two Environmental Site
Assessment is completed and a Record of Site Condition is properly filed with the
Ministry of the Environment.
Recommendation
That Council approve the Zoning By-law amendment application to permit a 125 unit, 12
storey apartment building with accessory uses to be developed on the land.
Greg Terrace, fully supports the staff report and recommendations. Phase 2 of the
Environmental Study has been completed and submitted to planning staff.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that
the report be approved as recommended.
Carried Unanimously
Councillor Pietrangelo exited Chambers.
Public Meeting
PBD-2013-52-SBA-2013-001 -Proposed Housekeeping Revisions to the Sign By-law
Background
Public meeting was held on March 26, 2013 for Council to consider proposed amendments
to the Sign By-law.
Council deferred its decision and directed staff to conduct further consultation with the
City's BIAs. That dialogue is ongoing.
Since the public meeting, staff have met with several individuals representing churches as
well as developers requesting permission to erect signs. The current by-law would not allow
for such signs, resulting in either amendments for the churches or variances for the
developers.
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August 13, 2013
These proposed revisions were sent to the various BIA's in advance of this meeting and
they have not expressed any concerns.
Proposed Revisions
A new regulation is being introduced that will not require a proponent to obtain a sign
permit where a permit is required from either the Ministry of Transportation, or Niagara
Region. This will reconcile a jurisdictional issue that now exists in the current by-law. A
building permit will be required if structural issues under the Ontario Building Code are
involved.
WORDING CHANGES
Several minor wording changes have been made to the regulations to reflect the above
revisions or to contemporize the by-law to reflect City administrative changes. (for
example in sections 2 and 20, inclusion of the word "Building" into the title of Director of
Planning and Development" and to replace the term "Director of Building and By-law
Services" with "Chief Building Official".
Definitions
Several definitions are to be included in the by-law, mostly as a result of the introduction
of new sign types and to further clarify terminology.
New Regulations
Three new sign types are to be introduced:
Institutional Signs
New Development Signs
Agricultural Signs
As the current by-law does not permit signs withing residential areas, churches as well as
other institutional uses are not permitted to erect new signs.
Provisions to allow Institutional Signs will be introduced.
The size of the sign will be regulated by the amount of lot frontage
New Development signs to allows advertising new development, we be added to the By-
law. Provisions will allow a sign of 50 sq m on-site and 30 sq m off-site.
Provisions for Agricultural signs will be added to allow for farms and farm home industries
to erect signs.
Recommendation
That Council approve the proposed housekeeping revisions to the Sign By-law
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes
that the report be approved as recommended.
Carried Unanimously
Councillor Pietrangelo returned to Chambers.
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August 13, 2013
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Brian Smith, a city employee, on the loss of
his mother, to Janet Berry, a city employee on the loss of her father-in-law Vernon Berry,
to Wayne Campbell, a former City Councillor on the loss os his daughter Katey Campbell
and to Regional Councillor Selina Volpatti on the loss of her husband, Adolfo Volpatti.
Mayor Diodati advised of recent events: Chippawa Boat Dock Playground Opening,
Suki-Tei Sushi Restaurant opening, Canoe Niagara ICF 2013 World Championships,
Bobby Hull Roast, Heater's Heroes Event at Oakes Park, Niagara Falls International
Marathon Press Conference, Club Italia Picnic, Nikola Tesla Birthday Remembrance,
Battle of Lundys Lane, Opening of Allura Elegant Fashions and Dookes take out, Waves
of Hope.
Mayor Diodati advised of upcoming events: No Fixed Address in support of YWCA
Niagara, the AMO Conference, F.H. Leslie Park Mural Celebration and Terry Fox Trivia
Night.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Royal Canadian Legion Branch 51 - requesting the week of September 15-
21,2013 be proclaimed as "Legion Week" in the City of Niagara Falls and that a flag
raising occur on September 16, 2013.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the request be approved as recommended.
Carried Unanimously
2. India Independence Day- requesting that August 15, 2013 be proclaimed as"India
Independence Day" and that the flag of India be raised on that day.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the request be approved as recommended.
Carried Unanimously
3. Arts & Culture Committee - requesting Council approve replacement committee
members.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor loannoni, seconded by Councillor Gates that
the request be approved as recommended.
Carried Unanimously
4. Grand Central/Downtown BIA - requesting a grant equal to the road closure fees
associated with the 15' Annual Miles for Smiles Charity Poker Run.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the request be approved.
Carried Unanimously
5. Alzheimer's Society - requesting support of a national dementia care strategy.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
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August 13, 2013
6. Ombudsman Ontario - letter outlining the office's findings related to February,
2013 closed meeting complaints.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni to Receive and File the correspondence.
Motion Carried
with Councillor Thomson opposed
7. Chamber of Commerce-Request that Council enter a foursome into the upcoming
tournament in September.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that
the request be deferred for more information.
Motion Carried
with Councillor Wing opposed.
9. Regional By-law to Regulate Smoking By-law - Memo from City Clerk
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that
the recommendation be approved.
Carried Unanimously
REPORTS
1. CAO-2013-04 OLG Modernization Update, Municipality Contribution
Agreement
The report recommends that Council defer any decision on the allocation of funds
derived under the Municipality Contribution Agreement until such time as a year end
reconciliation has been completed by OLG for the funds received in 2013.
ORDERED on the motion of Councillor Gates, seconded by Councillor Kerrio that
the report be deferred until after the agreement has been signed.
Carried Unanimously
RATIFICATION OF "IN CAMERA" MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the recommendations from the August 13th, 2013 meeting be approved
1. That Council approve the by-law authorizing the execution of the Collective
Agreement with the Amalgamated Transit Union and its Local 1582 from January
1 , 2013 to December 31, 2014.
2. That Council authorize additional costs related to the Gale Centre.
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August 13, 2013
RESOLUTIONS
NO. 34 PIETRANGELO -GATES THEREFORE BE IT RESOLVED that Niagara Falls City
Council urge the Provincial Government to restore the proposed cuts to the Apprenticeship
Training Tax Credit(ATTC) Program.
Carried Unanimously
NO. 35 PIETRANGELO - GATES THEREFORE BE IT RESOLVED that the City of
Niagara Falls, a willing and supportive host of a minimum of two casinos, respectfully
requests the Premier and Minister of Finance to direct OLG to immediately include
Niagara's two resort casinos in its' modernization plans by establishing separately
managed, rebranded operations, redevelopment of the two resort casinos and allow
additional gaming sites in Niagara Falls.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the by-laws be given a first reading.
Motion Carried
with Councillor Gates and Wing opposed to 2013-121 & 2013-122
2013-121 A by-law to authorize the execution of a Lease Agreement with Marineland
of Canada Inc. respecting the leasing of a specified area of Portage Road
abutting the main entrance to Marineland.
2013-122 A by-law to authorize the execution of a Lease Agreement with Marineland
of Canada Inc. respecting the leasing of a specified area of Portage Road
located at the WEGO bus stop at Marineland.
2013-123 A by-law to authorize the execution of an Agreement with 2095527 Ontario
Limited, carrying on business as Fallsview Group, respecting the
landscaping, maintenance and use of a portion of the former CP Rail lands
owned by the City.
2013-124 A by-law to authorize the execution of a Licence Amending Agreement with
Ontario Power Generation Inc., respecting the use of its land for public
recreation, motor vehicle parking and to operate a boat ramp.
2013-125 A by-law to provide for the adoption of Amendment No. 111 to the City of
Niagara Falls Official Plan as approved by the Ontario Municipal Board (AM-
2010-008).
2013-126 A by-law to amend By-law No. 79-200, in accordance with an Order issued
by the Ontario Municipal Board dated June 26, 2013, to regulate street
townhouses, semi-detached and single detached dwellings with frontage on
Cropp Street and Pettit Avenue and multiple apartment dwellings with
frontage and access from same, subject to specific regulations as set out
herein (AM-2010-008).
2013-127 A by-law to amend By-law No. 79-200, to guide the development of the
Windylane Plan of Subdivision on the Lands (AM-2013-006).
2013-128 A by-law to amend By-law No. 2008-224, being a by-law to prohibit or
regulate the placing or erecting of signs, notices, and advertising devices on
public and private property within the City of Niagara Falls.
2013-129 A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of
Agreement between Her Majesty the Queen in right of the Province of
Ontario, represented by the Minister of Transportation for the Province of
Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality")
Related to Funding Provided by the Province of Ontario (the "Province") to
the Municipality under the Dedicated Gas Tax Funds for Public
Transportation Program.
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August 13, 2013
2013-130 A by-law to authorize the execution of the Collective Agreement with the
Amalgamated Transit Union and its Local 1582 from January 1 , 2013 to
December 31, 2014.
2013-131 A by-law to authorize the execution of an Agreement of Purchase and Sale
with the Estate of Edward Cecchini, respecting the purchase of lands in the
City of Niagara Falls, in the Regional Municipality of Niagara.
2013-132 A by-law to authorize the payment of$15,867,936.07 for General Purposes.
2013-133 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 13'h day of August, 2013.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by-laws be given a second and third reading.
Motion Carried
with Councillor Gates and Wing opposed to 2013-121 & 2013-122
NEW BUSINESS
Keith Street
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that staff bring back a report on the storm event of July 19th, including the sewer issue
on Keith Street.
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the meeting be adjourned at 9:40 p.m.
Carried Unanimously
:77L--L– —
DEAN IORFID , CITY CLERK JAMES M. DIODATI, MAYO